Terms of Service

Effective Date: July 28, 2025

1. Introduction

1.1. General Provisions

Welcome to KiloTrack! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you") and the developer of the KiloTrack application ("Developer," "we," "us," "our"). The Developer is a sole proprietor registered in Ukraine, operating under the pseudonym Anvilapp.

These Terms govern your access to and use of the KiloTrack mobile application ("Application") on any platform (including Android and iOS). By installing, accessing, or using the Application, you acknowledge that you have read, understood, and agree to be unconditionally bound by all provisions of these Terms. If you do not agree with any of these terms, you are not permitted to use the Application.

1.2. Definitions

• Application — The KiloTrack mobile software, including all its features, data, interfaces, and related services provided by the Developer.
• User — Any individual who downloads, installs, accesses, or uses the Application.
• Developer — Anvilapp (a sole proprietorship registered in Ukraine), the owner and operator of the Application.
• Content — Any information available in the Application, including but not limited to text, graphics, product data, calculations, and any User-generated content.
• Terms — This "Terms of Service" document.
• Privacy Policy — A separate document that describes how we collect, use, and protect your data. The Privacy Policy is an integral part of these Terms.

1.3. Relationship to Privacy Policy

Your use of the Application is also governed by our Privacy Policy, which can be reviewed within the Application and is incorporated by reference into these Terms. Please review it carefully to understand our practices regarding your data.

2. Terms of Application Use

2.1. License to Use

The Developer hereby grants you a personal, non-exclusive, non-transferable, revocable license to download, install, and use the KiloTrack Application solely for your personal, non-commercial purposes in strict accordance with these Terms. All rights not expressly granted to you are reserved by the Developer.

2.2. Age Restrictions

The Application is intended for use by individuals who are at least 16 years of age. If you are under 16, you are not permitted to use the Application. By using the Application, you represent and warrant that you are at least 16 years old and have the full legal capacity to enter into this agreement. We do not knowingly collect data from individuals under this age and are not responsible for any misuse of the Application by individuals who do not meet the age requirement.

2.3. User Rights and Obligations

As a User, you agree to:

• Provide accurate and current personal information (height, weight, gender, etc.) to ensure the proper functioning of Application features, such as calorie and nutrient calculations.
• Use the Application in good faith and solely for its intended purposes (tracking nutrition, activity, and weight for personal wellness).
• Be solely responsible for the security of your data on your device, including performing regular backups if such a feature is available.
• Comply with the laws of your country while using the Application.

2.4. Restrictions on Use

You are strictly prohibited from:

• Using the Application for any commercial purposes without the prior written consent of the Developer.
• Modifying, de-compiling, reverse-engineering, disassembling, or otherwise attempting to derive the source code of the Application.
• Copying, distributing, leasing, sub-licensing, or transferring rights to the Application to any third party.
• Using the Application for any illegal, fraudulent, or malicious purposes.
• Interfering with the operation of the Application, its servers, or networks connected to it, or bypassing any security measures, including those protecting paid content.
• Using any automated systems (bots, scripts, spiders) to collect information from or interact with the Application.
• Removing or altering any copyright, trademark, or other proprietary rights notices contained in the Application.

Violation of any of these restrictions may result in the immediate termination of your right to use the Application without prior notice and may subject you to legal liability.

3. Registration and Account

3.1. No Mandatory Registration

The KiloTrack Application is designed with your privacy and convenience in mind. You are not required to create an account or go through a registration process to use the core features of the Application. You can start tracking your nutrition and activity immediately after installation.

3.2. Local Data Storage

All personal data you enter into the Application (e.g., date of birth, weight, height, meal and water intake records) is stored exclusively locally on your mobile device. The Developer does not have access to this data and does not collect or store it on its servers. You retain full control over your information.

3.3. User Responsibility for Data Security

Since all data is stored on your device, you are solely responsible for its security. In the event your device is lost, stolen, damaged, or if you delete the Application, all your data will be permanently lost unless you have previously created a backup.

3.4. Backup Management

The Application may provide functionality to create backups (export data) to a file. You are responsible for creating such backups in a timely manner and storing them in a secure location (e.g., in cloud storage or on another device). The Developer is not liable for any data loss resulting from the User's failure to maintain an up-to-date backup.

4. Application Functionality and Services

4.1. Description of Services

The KiloTrack Application provides Users with tools for tracking nutrition, calories, macro- and micronutrients, water intake, and weight trends. Functionality includes access to food databases, the ability to create custom meals and recipes, analytical reports, charts, and the configuration of personal goals and dietary plans.

The Developer reserves the right to modify, suspend, or discontinue any features or services within the Application at any time, with or without prior notice.

4.2. Free and Paid Versions

The Application is offered in two versions:

• Free Version: Allows use of the core functionality of the Application. This version is supported by displaying advertisements. The User can opt out of personalized advertising in the Application or operating system settings; however, this will not completely disable ads. Non-personalized ads will continue to be shown to support the Application.
• Paid Version (Subscription): By purchasing a subscription, the User gains access to premium features (if any) and completely disables all advertising in the Application.

4.3. Subscription Terms

Payment: All subscription payments are processed through the official app stores: Google Play for Android and the App Store for iOS. You agree to provide current and valid payment information to the respective app store.

Automatic Renewal: Subscriptions are automatically renewable. This means that at the end of each subscription period (e.g., month or year), it will automatically renew for the same duration, and your account will be charged at the then-current rate unless you cancel the subscription.

Cancellation: You may cancel the automatic renewal of your subscription at any time, but no later than 24 hours before the end of the current paid period. Cancellation is managed exclusively through your account settings in Google Play or the App Store. The Developer cannot cancel the subscription on your behalf. After cancellation, you will continue to have access to paid features until the end of the already-paid period.

4.4. No Free Trial Period

We do not offer a free trial period for the paid subscription. You can familiarize yourself with the basic functionality of the Application by using the free, ad-supported version before deciding to purchase.

4.5. Refund Policy

All purchases made through Google Play or the App Store are final and non-refundable, except as expressly provided by the laws of your jurisdiction or the rules of the respective platform (Google Play or App Store). The Developer does not issue refunds directly. For all refund-related inquiries, you should contact Google Play or Apple support.

5. User Content

5.1. Definition of User Content

"User Content" is any data you create, enter, or save within the Application. This includes, but is not limited to:

• Information about food items you create;
• Custom meals and recipes;
• Saved sets of products (meals);
• Daily records of food intake, weight, water consumption, and physical activity.

5.2. Rights to User Content

You retain all ownership rights to the User Content you create. Since all content is stored exclusively on your device, the Developer does not have access to it, does not use it for any purpose, and does not claim any rights to it.

5.3. License Granted to the Application

To enable the Application to function, by creating and saving User Content, you grant the Application itself (as software operating on your device) a limited, royalty-free license to store, process, analyze, and display that content. This license is necessary solely to implement the Application's functionality, such as:

• Calculating daily calorie intake and nutrient balance;
• Generating charts of your progress;
• Displaying nutrition summaries and reports;
• Providing you with access to your previous entries.

This license is purely technical and is only active while the Application is installed on your device. It automatically terminates when you delete the corresponding content or the Application itself.

5.4. User Responsibility for Content

You are solely responsible for the User Content you create. In particular, you warrant that:

• Accuracy: All information you enter, especially concerning the nutritional value of the products you create, is accurate and truthful. The Developer is not responsible for incorrect calculations or recommendations arising from inaccurate data entered by the User.
• Legality: Your content is not illegal, offensive, defamatory, discriminatory, or in violation of the rights of third parties, including intellectual property rights.

The Developer does not pre-screen User Content and assumes no responsibility for it.

6. Intellectual Property

6.1. Developer's Ownership Rights

The KiloTrack Application, including but not limited to its source code, object code, design, graphics, text, user interface, the "KiloTrack" trademark, logos, and all other elements, is the intellectual property of the Developer (Anvilapp) and is protected by the copyright laws of Ukraine and other intellectual property laws.

These Terms grant you only a limited license for personal use of the Application and do not transfer any ownership rights to the Application or its components to you.

6.2. Use of Third-Party Materials and Open Licenses

The KiloTrack Application uses data and components provided by third parties under public or open licenses. By using the Application, you also agree to the terms of these licenses. Specifically:

• Food Data: The Application uses data from open databases:
  • USDA FoodData Central: Information from this database is in the public domain of the U.S. government.
  • Open Food Facts: Data from this database is available under the Open Database License (ODbL). The database as a whole is protected by copyright, but its contents may be used in accordance with the license terms.
• Icons: The Application's interface uses icons from the Google Material Design library, which are distributed under the Apache License 2.0.

The Developer is not responsible for the accuracy, completeness, or timeliness of data obtained from these external sources.

6.3. User Content

As stated in Section 5 of these Terms, all rights to the User Content you create in the Application belong exclusively to you.

7. Disclaimer of Warranties

7.1. "As Is" Provision

The KiloTrack Application, including all its functionality, content, and data, is provided to you "as is" and "as available." The Developer makes no warranties, express or implied, of any kind with respect to the Application. To the maximum extent permitted by applicable law, the Developer expressly disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property rights.
• Warranties that the Application will operate uninterrupted, error-free, securely, or be available at any particular time or location.
• Warranties that any defects or errors will be corrected.
• Warranties that the Application or the servers that make it available are free of viruses or other harmful components.

7.2. Disclaimer of Accuracy

The KiloTrack Application uses data from open sources, such as USDA FoodData Central and Open Food Facts, as well as data entered by the User for its calculations and displays. The Developer does not guarantee and is not responsible for the accuracy, completeness, timeliness, or reliability of any information about food products, their nutritional value (calories, proteins, fats, carbohydrates, vitamins, etc.), or other data presented in the Application. You use this information at your own risk.

7.3. IMPORTANT: Medical and Nutritional Disclaimer

The KiloTrack Application is not a medical device or software and does not provide medical advice or dietetic services. Any information, calculations, calorie goals, diet recommendations, or nutritional advice presented in the Application are for informational and educational purposes only.

This information is not intended to diagnose, treat, cure, or prevent any disease or health condition and should not be considered a substitute for professional medical advice, diagnosis, or treatment.

Always consult with a physician, registered dietitian, or other qualified healthcare professional before starting any diet, exercise program, or making significant changes to your lifestyle, especially if you have any chronic diseases or specific medical conditions.

The Developer expressly disclaims any liability for any direct or indirect consequences to your physical or mental health that may result from your use of the Application or the information contained therein. You bear full and sole responsibility for all decisions regarding your health.

8. Limitation of Liability

8.1. General Provisions

To the maximum extent permitted by the applicable laws of Ukraine, under no circumstances shall the Developer (Anvilapp) or its affiliates be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to:

• Loss of profits;
• Loss of data (including User Content);
• Damage to goodwill or business reputation;
• Costs of procuring substitute goods or services;
• Personal injury or damage to health;
• Any other intangible loss.

This limitation applies regardless of whether the damages arise from the use or inability to use the Application, errors or inaccuracies in the content, unauthorized access to data, or any other failure of the Application, even if the Developer was advised of the possibility of such damages.

8.2. Maximum Liability Cap

If, notwithstanding the provisions of these Terms, the Developer is found to be liable for any damages, its aggregate (total) liability to you for any and all claims arising out of or in connection with the use of the Application shall not exceed the greater of:

1. the amount you paid to the Developer for the use of paid services (subscriptions) during the twelve (12) months immediately preceding the date of the initial claim;
2. or
3. fifty U.S. dollars ($50.00).

This limitation is cumulative and will not be increased by the existence of multiple claims. For Users of the free version of the Application, the Developer's maximum liability is limited to the amount specified in clause (b).

8.3. Basis of the Bargain

You acknowledge and agree that the disclaimers of warranties (Section 7) and these limitations of liability are essential and material terms of the bargain between you and the Developer. You also agree that the Developer has set its prices for paid services and provides free access to the Application in reliance upon these limitations, and that without them, the economic model for providing the Application would be unfeasible.

9. External Services and Third-Party Links

9.1. Integration of Third-Party Services

To ensure its full functionality, analytics, diagnostics, and monetization, the KiloTrack Application integrates software components and services provided by third parties ("Third-Party Services"). These services include, but are not limited to:

• Google Analytics for Firebase: for collecting anonymous statistics on Application usage.
• Sentry: for automatic crash and error tracking.
• Google AdMob: for displaying advertising in the free version of the Application.
• Google Play and Apple App Store payment systems: for processing purchases and managing subscriptions.

9.2. Third-Party Terms and Policies

Each Third-Party Service operates under its own terms of service and privacy policy. By using the KiloTrack Application, you acknowledge and agree that your interaction with these services is also governed by their respective rules. We strongly recommend that you review the terms and policies of these services to understand how they handle your data and provide their services.

9.3. Disclaimer for Third-Party Services

The Developer does not control and is not responsible for the content, functionality, security, availability, or practices of any Third-Party Services. We are not liable for any direct or indirect loss or damage arising from your use of or reliance on any Third-Party Service. Any claims, disputes, or questions related to a Third-Party Service should be directed to the provider of that service.

9.4. Links to External Resources

The Application may contain links to third-party websites or resources that are not owned or controlled by the Developer. You acknowledge and agree that the Developer is not responsible for the content, accuracy, or availability of such external sites and resources. The presence of such links does not imply that the Developer endorses or recommends the materials presented on them. You access such links at your own risk.

10. Privacy and Data Protection

10.1. Link to the Privacy Policy

Protecting your privacy is of paramount importance to us. All matters related to the collection, use, storage, and protection of your personal data are detailed in a separate document—the Privacy Policy.

10.2. Integral Part of the Terms

The Privacy Policy is an integral and binding part of these Terms of Service. By installing and using the Application, you confirm that you have also read, understood, and agree to the provisions of our Privacy Policy.

10.3. Core Principles of Data Protection

We strive to ensure a high level of protection for your data. As stated in the Privacy Policy, we adhere to the following key principles:

• Local Storage: Your primary personal and dietary data (weight, nutrition, etc.) is stored exclusively on your device.
• Data Minimization: We only collect the technical and analytical data necessary for the operation, improvement, and support of the Application.
• Transparency and Control: We provide you with information about what data is collected and for what purposes, as well as tools to manage your privacy preferences.

Please carefully review the full text of the Privacy Policy, available in the Application, for comprehensive information about your rights and our obligations regarding your data.

11. Changes to the Terms

11.1. Right to Make Changes

The Developer reserves the right, at its sole discretion, to modify, add, or remove sections of these Terms of Service at any time. We may make changes to reflect updates in the Application's functionality, changes in legislation, or for other operational, legal, or regulatory reasons.

11.2. Notification of Changes

We will make reasonable efforts to notify you of significant changes to the Terms. Methods of notification may include, but are not limited to:

• Displaying a pop-up notice or banner within the Application upon its next launch;
• Sending a push notification (if you have granted permission);
• Publishing the updated version of the Terms in the relevant section of the Application.

The date of the last update will always be indicated at the top of the document ("Effective Date").

11.3. Acceptance of New Terms

Your continued use of the Application after the updated Terms become effective will be deemed your unconditional acceptance of those changes. If you do not agree with the new version of the Terms, you must stop using the Application and delete it from your device. We recommend that you periodically review these Terms to stay informed of all current provisions.

12. Termination of Use

12.1. Termination by the User

You have the right to stop using the Application at any time without giving a reason. To do so, simply delete the KiloTrack Application from your mobile device. Deleting the Application will result in the permanent erasure of all your User Content and other locally stored data.

12.2. Termination or Suspension by the Developer

The Developer reserves the right, at its sole discretion, to suspend or completely terminate (revoke) your license to use the Application at any time, with or without prior notice, in the following cases:

• If you violate any provisions of these Terms of Service, including, but not limited to, the Restrictions on Use (Section 2.4);
• If your actions could harm the Application, the Developer, or other users;
• At the request of law enforcement agencies or in accordance with applicable law;
• In the event of the discontinuation or shutdown of the KiloTrack project.

12.3. Consequences of Termination

Upon termination of these Terms for any reason:

• All rights and licenses granted to you shall immediately be revoked.
• You must immediately cease all use of the Application and delete it from all your devices.

12.4. Survival of Provisions

The termination of these Terms does not abrogate those provisions that, by their nature, should remain in effect. In particular, the following sections will continue to apply after termination: Section 5 (User Content, regarding liability), Section 6 (Intellectual Property), Section 7 (Disclaimer of Warranties), Section 8 (Limitation of Liability), Section 13 (Governing Law and Dispute Resolution), and Section 14 (Contact Information).

13. Governing Law and Dispute Resolution

13.1. Governing Law

These Terms of Service, as well as any disputes, claims, or disagreements arising from or in connection with them (including their interpretation, performance, or termination), shall be governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law principles.

13.2. Jurisdiction

All disputes that may arise between the User and the Developer in connection with these Terms shall be subject to resolution in the courts of appropriate jurisdiction in the territory of Ukraine. By using the Application, you irrevocably consent to the exclusive jurisdiction of these courts.

13.3. Informal Dispute Resolution

The parties agree to make all reasonable efforts to resolve any disputes or disagreements arising from or in connection with these Terms amicably through negotiation. Before initiating any legal proceedings, you agree to first send a written notice of your claim to the Developer at the email address provided in Section 14.

The notice must include: (a) your name and contact information, (b) a description of the nature and basis of the claim, and (c) the specific relief sought. The Developer agrees to review the claim and attempt to resolve the dispute within 60 days of receiving the notice. If the dispute is not resolved within this period, either party may initiate formal legal proceedings in accordance with clauses 13.1 and 13.2.

14. Contact Information

If you have any questions, comments, or claims regarding these Terms of Service or the operation of the KiloTrack Application, you may contact the Developer at the following email address:

Support Email: support@anvilapp.org

We will endeavor to respond to your inquiry within a reasonable timeframe.

Effective Date: July 28, 2025