Terms of Service

Last updated: May 15, 2024

Agreement to Terms

By accessing or using Brocali, you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access our service. These Terms of Service constitute a legally binding agreement between you and Brocali.

Use License

We grant you a limited, non-exclusive, non-transferable license to:

  • Download and use the mobile application
  • Access and use our website
  • Track your nutrition using our services
  • Store and manage your nutrition data

Subscription Services

Brocali offers the following subscription options:

  • Free Plan: Basic nutrition tracking with limited features
  • Premium Monthly: $9.99 per month, billed monthly
  • Premium Annual: $79.99 per year, billed annually (equivalent to $6.67 per month)

All prices are in USD and may vary by country. Subscription fees are charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

Cancellation Policy

You can manage and cancel your subscriptions by going to your account settings in the App Store after purchase. If you cancel your subscription, you can continue to use the premium features until the end of your current billing period, but you will not receive a refund for the unused portion of your subscription.

Refund Policy

Refund requests are handled by Apple through the App Store. Brocali does not directly process refunds for in-app purchases or subscriptions. To request a refund:

  1. Visit reportaproblem.apple.com
  2. Sign in with your Apple ID
  3. Select the purchase you want to be refunded
  4. Follow the instructions to submit your refund request

Apple's decision on refund requests is final.

Restrictions

You are restricted from:

  • Modifying or copying our software
  • Attempting to extract our source code
  • Using our service for commercial purposes
  • Transferring your account to another user
  • Using the service for any illegal purpose
  • Uploading malicious code or attempting to breach our security
  • Impersonating another person or entity
  • Interfering with other users' enjoyment of the service

User-Generated Content

Our service may allow you to post, upload, or share content. By providing content to Brocali, you:

  • Retain all ownership rights to your content
  • Grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content for the purpose of operating and improving our services
  • Represent that you own or have the necessary rights to the content you provide
  • Agree not to post content that violates these terms or any applicable laws

We reserve the right to remove any content that violates these terms or that we find objectionable.

Account Terms

You are responsible for:

  • Maintaining account security
  • All activities under your account
  • Keeping your information accurate
  • Complying with all applicable laws

Termination

We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms of Service
  • Engaging in fraudulent or illegal activities
  • Non-payment of subscription fees
  • Upon your request to delete your account

Upon termination, your right to use the service will immediately cease.

Service Modifications

We reserve the right to:

  • Modify or discontinue our service
  • Change our pricing structure
  • Update these terms at any time

We will notify users of significant changes to our services or terms through email or in-app notifications.

Limitation of Liability

To the maximum extent permitted by law, Brocali and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the service
  • Any unauthorized access to or use of our servers and/or personal information
  • Any interruption or cessation of transmission to or from the service
  • Any bugs, viruses, or other harmful code that may be transmitted through the service

Disclaimer

Brocali provides nutrition information for informational purposes only. We do not provide medical advice, diagnosis, or treatment. Always consult with a qualified healthcare provider before making any dietary or health changes.

Dispute Resolution

Any disputes arising from or relating to these Terms of Service shall be resolved through:

  1. Informal negotiation: We encourage you to contact us first to seek an informal resolution.
  2. Mediation: If informal negotiation is unsuccessful, the parties agree to mediation in San Francisco, California.
  3. Arbitration: If mediation fails, disputes will be settled by binding arbitration in accordance with the American Arbitration Association rules.

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Your use of the service may also be subject to other local, state, national, or international laws.

Changes to Terms

We may update our Terms of Service from time to time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.