1. Interpretation and Definitions
1.1 Interpretation
Capitalized terms have the meanings provided in this Section or otherwise defined in these Terms. The 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, where “control” means direct or indirect ownership of at least fifty percent (50%) of the equity interests or voting securities.
- Application
- means the mobile application titled “Cal Otter – Calorie Tracker,” including all related features, tools, content, and updates.
- Company, We, Us, or Our
- means Lumina Impact Pte Ltd, a Singapore private limited company, with a mailing address at One Raffles Quay, Level 49 North Tower, Singapore 048583.
- Device
- means any device capable of accessing the Service.
- Service
- means, collectively, the Application, the Website, associated software, content, AI-powered tools, and any services offered by the Company.
- User Content
- means any images, photographs, text, metadata, health-related data, or other content uploaded, submitted, or transmitted by You through the Service.
- Website
- means calotter.luminaimpact.co and any associated subdomains.
- You
- means the individual using the Service or the legal entity on whose behalf the individual uses the Service.
2. Agreement to Terms
Your access to and use of the Service is conditioned upon Your acceptance of these Terms and the Cal Otter 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; 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
- Calorie and nutrition estimates are approximations only.
- The Service is not intended to diagnose, treat, cure, or prevent any disease.
- You should consult licensed professionals for dietary or medical guidance.
- The Company is not liable for inaccuracies in calorie counts, food identification, or weight-related insights.
- Any integration with Apple Health or similar platforms is provided for convenience only and does not constitute a medical device or clinical tool.
5. User Content; License Grant
By submitting User Content, You represent that You own or have rights to it. You grant the Company a worldwide, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, analyze, process, modify, publish, and create derivative works from the User Content to operate and improve the Service, including training AI models.
You agree not to upload unlawful, harmful, offensive, or infringing content.
6. Prohibited Uses
- Uploading violent, explicit, or unlawful content
- Reverse engineering or competitive analysis
- Circumventing protections or unauthorized access
- Uploading images of individuals without lawful consent
- Interfering with the Service’s operation
- Misusing AI features to generate misleading nutrition or health claims
7. Subscription, Billing, and In-App Purchases
Purchases and subscriptions are processed through third-party platforms such as the Apple App Store and Google Play Store. Their terms govern payment processing, renewals, and refunds.
Subscriptions automatically renew unless cancelled at least 24 hours before the current period ends.
8. Third-Party Services
The Service may include links or integrations with third-party content or services, including app stores, cloud hosting and database providers, analytics providers, food databases, and health platforms. The Company does not control and is not responsible for such services.
9. 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.
10. Termination
The Company may suspend or terminate Your access at any time if You violate these Terms. Upon termination, all rights granted to You immediately cease.
11. "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.
12. Limitation of Liability
To the maximum extent allowed by law, the Company’s total liability shall not exceed the greater of:
- The amount You paid in the preceding 12 months, or
- One hundred dollars (USD $100).
The Company is not liable for indirect, incidental, or consequential damages, including loss of profits or data.
13. DMCA Notice
Copyright infringement notices may be submitted to the Company’s designated agent at help@luminaimpact.co. Notices should include the information required under the Digital Millennium Copyright Act.
14. Governing Law
These Terms are governed by the laws of Singapore, without regard to conflict-of-law principles. You agree to the exclusive jurisdiction of the courts of Singapore, except where arbitration applies.
15. Arbitration and Class Action Waiver
Disputes must be resolved through binding individual arbitration administered in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC). Class actions and representative actions are not permitted.
16. Severability and Waiver
If any provision is invalid, the remaining provisions remain in effect. Failure to enforce a right does not constitute a waiver.
17. Changes to These Terms
The Company may update these Terms at any time. Material changes will be announced through reasonable notice. Continued use after updates constitutes acceptance.
18. Contact Information
If You have questions about these Terms, You may contact Us at:
- Email: help@luminaimpact.co
- Address: One Raffles Quay, Level 49 North Tower, Singapore 048583
- Website: calotter.luminaimpact.co