Terms of Service

Terms of Service for ClemCam

Welcome to ClemCam! These Terms of Service apply to all users of our food tracking app on iOS and Android. Please read them carefully. By using our app, you agree to these terms.

1. General Conditions

1.1 Acceptance of Terms: By using ClemCam, you accept these Terms of Service and all applicable laws and regulations. If you do not agree with these terms, you must not use the app.

1.2 Changes to Terms: We reserve the right to change these terms at any time. Changes take effect immediately upon posting. You should regularly check for updates.

1.3 Age Restriction: The app is not intended for use by children under 13 years of age. Users under 13 are not permitted to use the app.

2. Accounts and Data Security

2.1 Registration: To use certain features of ClemCam, you must create an account by signing in with an email, Google Sign-In, or Apple Sign-In.

2.2 Account Security: You are responsible for maintaining the security of your account and for monitoring all activity under your account.

2.3 Data Security: We implement commercially reasonable measures to protect your personal data, as described in our Privacy Policy.

3. Subscriptions and Payment Terms

3.1 Subscription Plans: ClemCam offers monthly and annual subscriptions processed through RevenueCat. Subscribing grants you access to premium features of the app.

3.2 Payments: Payments are processed through the Apple App Store or Google Play Store. Please refer to their policies for payment terms and refunds.

3.3 Renewal: Subscriptions automatically renew at the end of the billing period unless canceled at least 24 hours before the end of the current period.

3.4 Cancellation: You may cancel your subscription at any time through your account settings.

4. Use of the App

4.1 Compliance with Laws: You agree to use ClemCam in compliance with all applicable laws and regulations.

4.2 Prohibited Activities: You are prohibited from tampering with the app, extracting data, or accessing unauthorized areas of the system.

5. Limitation of Liability and Disclaimer of Warranties

5.1 Disclaimer: ClemCam is provided “as is” without warranties of any kind. We do not guarantee the accuracy, availability, or reliability of the app.

5.2 Limitation of Liability: We are not liable for any indirect, incidental, or consequential damages arising from your use or inability to use the app.

6. Third-Party Services

6.1 External Services: ClemCam uses third-party services, including RevenueCat and Google Firebase. Each of these services has its own terms of service and privacy policies.

6.2 Links: The app may contain links to third-party websites or services. We are not responsible for their content.

7. Contact

If you have any questions or concerns regarding these Terms of Service, please contact us at: info@clemcam.com.

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Additional Clauses for Jurisdictional Compliance and Protection:

GDPR (European Union):

• Data Protection Compliance: If you are located in the European Economic Area (EEA), ClemCam processes your personal data in accordance with the General Data Protection Regulation (GDPR). You have the right to access, correct, or delete your personal data, restrict processing, and data portability, as well as the right to lodge a complaint with a supervisory authority.

CCPA (California, USA):

• California Consumer Privacy Act (CCPA) Compliance: If you are a resident of California, you have specific rights regarding your personal data under the California Consumer Privacy Act (CCPA). You have the right to request information about our data collection practices, request deletion of your personal data, and opt out of the sale of your personal data (note: ClemCam does not sell personal data).

International Users:

• Cross-Border Data Transfer: By using ClemCam, you consent to the transfer of your personal data to countries outside your jurisdiction. We ensure that adequate safeguards are in place to protect your data in accordance with applicable law.

Governing Law and Dispute Resolution:

• Governing Law: These Terms of Service are governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law principles.
• Dispute Resolution: Any disputes arising out of or relating to these terms will be resolved through binding arbitration in [Your City, Country], rather than in court. You waive your right to a jury trial in any such dispute.

Termination:

• Termination Rights: We reserve the right to terminate or suspend your access to ClemCam at our sole discretion, without notice, for conduct that we believe violates these Terms of Service or is harmful to other users of the app, us, or third parties, or for any other reason.

Indemnification:

• Indemnification Clause: You agree to indemnify, defend, and hold harmless ClemCam and its affiliates, officers, agents, employees, and partners from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to your use of the app, your violation of these Terms, or your violation of any rights of another.

Force Majeure:

• Force Majeure: We shall not be liable for any failure to perform our obligations under these terms due to events beyond our reasonable control, including but not limited to natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

No Waiver:

• No Waiver: Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights.

Severability:

• Severability: If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.