trak Terms and Conditions

Last Updated: September 1, 2026

Please read these Terms and Conditions ("Terms") carefully before accessing or using the trak Service.

1. Interpretation and Definitions

1.1 Interpretation

Capitalized terms have the meanings provided in this Section or otherwise defined in these Terms. Definitions apply regardless of whether terms appear in singular or plural.

1.2 Definitions

Affiliate means any entity that controls, is controlled by, or is under common control with the Company.

Application means the mobile application titled "trak," including all related features, tools, content, and updates.

Company, We, Us, or Our means Trak Calories, Inc., a Delaware corporation, with a mailing address at 3276 Buford Dr Ste 104-300, Buford, GA 30519.

Device means any device capable of accessing the Service.

Service means, collectively, the Application, associated software, content, AI-powered tools, the Perks feature, and any other services offered by the Company.

Perks means the discount offers, promotional codes, and partner brand content made available to eligible subscribers through the Application.

User Content means any images, photographs, text, metadata, or other content uploaded, submitted, or transmitted by You through the Service, including food photos submitted for scanning.

You means the individual using the Service.

2. Agreement to Terms

Your access to and use of the Service is conditioned upon Your acceptance of these Terms and the trak Privacy Policy. By accessing or using the Service, You acknowledge that You have read, understood, and agreed to be bound by these Terms. If You do not agree, You must discontinue use of the Service.

3. Eligibility and Age Requirements

You represent and warrant that You are at least 13 years old.

If You are between 13 and 17 years old, You may only use the Service with the consent and supervision of a parent or legal guardian, who agrees to be fully responsible for all activities conducted using the Service.

4. Health, Nutrition, and Safety Disclaimers

trak does not provide medical advice, nutritional counseling, dietary treatment, or professional health services. All calorie estimates, nutritional insights, macronutrient breakdowns, and food identifications generated by the Service are automated, AI-generated approximations and may be incomplete, inaccurate, or unsuitable for Your specific health needs.

Calorie and nutrition estimates are approximations only, generated using AI image recognition and third-party nutrition databases, and are not verified by a nutritionist, dietitian, or medical professional.

The Service is not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition, including but not limited to diabetes, eating disorders, food allergies, or metabolic conditions.

If You have a food allergy, medical condition, or are taking medication that affects your dietary needs, You should not rely on the Service's food identification or ingredient detection as a safety check, and should independently verify all ingredients before consuming any food.

You should consult a licensed physician, registered dietitian, or other qualified healthcare provider before making significant changes to your diet, exercise routine, or weight management approach, particularly if you have a pre-existing health condition.

The Company is not liable for inaccuracies in calorie counts, macronutrient estimates, allergen identification, or food identification generated by the Service.

If you are experiencing symptoms of an eating disorder or a medical emergency, please contact a licensed medical professional or emergency services immediately. The Service is not a crisis resource.

5. User Content and License Grant

By submitting User Content, including food photos, You represent that You own or have the rights to it. You grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, analyze, and process the User Content solely to operate, provide, and improve the Service, including improving the accuracy of the Service's AI-powered food recognition features.

You agree not to upload unlawful, harmful, offensive, or infringing content, or images of any identifiable individual without their lawful consent.

6. Prohibited Uses

You agree not to:

Upload violent, explicit, or unlawful content
Reverse engineer, decompile, or conduct competitive analysis of the Service
Circumvent security protections or gain unauthorized access to the Service
Upload images of individuals without lawful consent
Interfere with or disrupt the Service's operation
Use the Service to generate or distribute misleading health or nutrition claims

7. Subscriptions, Billing, and In-App Purchases

Purchases and subscriptions are processed through the Apple App Store. Apple's terms govern payment processing, renewals, and refunds. trak does not directly process or store Your payment card information.

Subscriptions automatically renew unless cancelled at least 24 hours before the current billing period ends. You can manage or cancel your subscription through your Apple ID account settings.

8. Perks Feature

The Perks section of the Application displays promotional offers, discount codes, and content from independent third-party brands ("Perks Partners"). trak does not manufacture, sell, warrant, or guarantee any product or service offered by a Perks Partner.

Perks offers, availability, discount codes, and terms are determined solely by the respective Perks Partner and may change or expire without notice.

trak is not responsible for a Perks Partner's failure to honor an offer, for the quality of any product or service purchased through a Perks offer, or for any transaction You complete with a Perks Partner.

Access to certain or all Perks may be limited to active, paying subscribers, as determined by trak.

Redemption of a Perks offer is between You and the Perks Partner directly; trak is not a party to that transaction.

9. Third-Party Services

The Service integrates with third-party providers, including but not limited to authentication providers, AI vision and nutrition data providers, analytics providers, and payment processors, to operate certain features. The Company does not control and is not responsible for the availability, accuracy, or performance of these third-party services.

10. Intellectual Property

All rights in the Service, excluding User Content, are owned exclusively by the Company or its licensors. You may not copy, modify, distribute, sell, or reverse engineer any part of the Service.

11. Termination

The Company may suspend or terminate Your access at any time if You violate these Terms. Upon termination, all rights granted to You under these Terms immediately cease. You may terminate Your account at any time through the Application's account deletion feature.

12. AS IS and AS AVAILABLE Disclaimer

The Service is provided without warranties of any kind, express or implied. The Company disclaims all warranties including merchantability, fitness for a particular purpose, accuracy, and non-infringement. The Company does not warrant that the Service, including its AI-powered food recognition features, will be accurate, uninterrupted, or error-free.

13. Limitation of Liability

To the maximum extent permitted by law, the Company's total liability arising out of or related to the Service shall not exceed the greater of:

The amount You paid to the Company in the preceding 12 months; or
One hundred dollars (USD $100).

The Company is not liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or health outcomes arising from reliance on the Service's nutritional estimates.

14. DMCA Notice

15. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. You agree to jurisdiction in Delaware courts, except where arbitration applies under Section 16.

16. Arbitration and Class Action Waiver

Any dispute arising out of or relating to these Terms or the Service will be resolved through binding individual arbitration administered by the American Arbitration Association, rather than in court, except that either party may bring an individual claim in small claims court. You and the Company each waive the right to participate in a class action or representative action.

17. Severability and Waiver

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect. The Company's failure to enforce a right under these Terms does not constitute a waiver of that right.

18. Changes to These Terms

The Company may update these Terms at any time. We will provide reasonable notice of material changes through the Application. Your continued use of the Service after changes take effect constitutes Your acceptance of the updated Terms.

19. Contact Information

If You have questions about these Terms, You may contact Us at:

Email: support@trakcalories.com

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