Terms of use and sale

Preamble

These general terms and conditions (hereinafter “the Terms”) govern access to and use of the Calerys service, published by Eatten Sàrl, a limited liability company under Swiss law, business identification number CHE-351.622.923, with its registered office in Lausanne, Switzerland.

By subscribing to the Service, by continuing to sign in to the iOS application, by sending a first message to Calerys on a supported messaging platform, or by using all or part of the Service's features, you acknowledge having read, understood and accepted these Terms without reservation.

1. Definitions

• “Service”: all of the features offered by Calerys, in particular through Ava, its conversational assistant, via the access channels described in section 3.1 (supported messaging platforms, the website www.calerys.com, the web application and mobile applications).
• “Publisher” or “Calerys” or “we”: Eatten Sàrl.
• “User” or “you”: any adult natural person subscribing to the Service.
• “Account”: the personal space tied to the User's sign-in identifiers and linked channels.
• “Subscription”: the paid subscription to the Service.
• “AI Content”: any message, advice, analysis or recommendation generated by Calerys's artificial intelligence.

2. Sign-up and access to the Service

Access to the Service is reserved for natural persons who are adults (at least 18 years old) and legally capable of entering into a contract.

The User warrants that the information provided at sign-up is accurate, complete and up to date. Any false declaration may lead to immediate suspension of the Account without refund.

The iOS application is a sign-in client for the multiplatform Service for users who already have an account and the required access rights. It does not provide account creation, subscription or payment. Signing in to the application does not create a new subscription or trigger a payment.

3. Description of the Service

Calerys is a conversational assistant for nutrition and wellbeing purposes based on artificial intelligence, accessible through supported messaging platforms, the website and the iOS application, depending on the features available on each platform. The Service notably offers:

• Meal analysis from text descriptions or photos
• Indicative tracking of calorie intake and macronutrients
• Personalised non-medical nutrition recommendations
• Periodic reports
• Reminders and conversational support

3.1 Access channels

The Service is available through one or more distribution channels: messaging platforms (including WhatsApp, Telegram, Messenger, Instagram), the website, the web application and mobile applications. The list of available channels may change.

Eatten Sàrl may at any time add, modify, suspend or discontinue a channel, in particular following a change in the terms, pricing or policy of a third-party provider (for example Meta/WhatsApp). Access to the Service through a specific channel, including WhatsApp, is not an essential characteristic of the Subscription.

As long as Ava remains available, with her main features, through at least one other channel (another messaging platform, the web application or a mobile application), a change, suspension or discontinuation of a channel does not entitle the User to any refund, full or partial, or to any compensation.

Where possible, Eatten Sàrl informs the User in advance and explains how to find the Service on another channel. The User's Account, history and data remain attached to the Service, whichever channel is used.

4. Prices and payment terms

4.1 Trial period

At sign-up, the User gets a free 5 days trial period. No payment card is requested and no charge is made during the trial.

At the end of this trial period, and unless cancelled beforehand, the Subscription automatically rolls over to the selected plan:

4.2 Plans

• Weekly: $3.99 incl. tax per week, automatically charged each week on the anniversary date.
• Yearly: $39.99 incl. tax per year, charged in one go.

Prices are shown inclusive of all taxes. The applicable Swiss VAT, if any, is indicated on the invoice.

4.3 Payment methods

Payments are processed via Stripe, a PCI-DSS certified payment provider. Cards accepted: Visa, Mastercard, American Express. Apple Pay and Google Pay are available depending on the device.

No payment card data is stored by Eatten Sàrl. Payment security is fully handled by Stripe.

4.4 Automatic renewal

The Subscription is automatically renewed at each due date for an identical duration, unless cancelled beforehand by the User.

Users in the United States: before subscribing, the checkout page shows the price, the billing period (monthly or every 6 months) and the fact that the Subscription renews automatically until cancelled. The User may cancel online at any time, from the personal cancellation link Calerys sends in the conversation (calerys.com/resilier), with effect at the end of the paid period; the cancellation is confirmed in the conversation and, if the User provides an email address, by email.

4.5 Payment failure

In case of a failed charge, the Service may be suspended after a 7-day tolerance period and several retry attempts. Access is restored once the situation is regularised.

5. Right of withdrawal and refunds

Pursuant to the law applicable in the consumer's country of residence (in particular articles L221-18 and following of the French Consumer Code for EU consumers):

• The User has a 14-day withdrawal period from the date of subscription to exercise their right of withdrawal, unless performance of the Service has begun with their express consent and acknowledgment that they will lose that right.
• By subscribing to the Service and beginning to interact with Calerys upon sign-up, the User expressly requests immediate performance of the Service and acknowledges losing their right of withdrawal as from full performance of the contract.
• The free 5 days trial period nevertheless constitutes a satisfaction guarantee mechanism: the User may cancel at any time during this period at no additional cost.

No pro-rata refund is owed in case of mid-subscription cancellation, save where mandatory law provides otherwise.

A change, suspension or discontinuation of an access channel gives rise to no refund, under the conditions set out in section 3.1.

6. Cancellation

6.1 By the User

The User may cancel their Subscription at any time, free of charge, with no justification required, by:

• The cancellation page www.calerys.com/resilier, reachable from the personal link Calerys sends in the conversation;
• Sending the message cancel my subscription to Calerys, which triggers the sending of that personal link;
• An email to timitten@live.fr.

Cancellation takes effect at the end of the current subscription period. The User retains access to the Service until that date.

6.2 By Eatten Sàrl

Eatten Sàrl may suspend or terminate a User's Account, without notice and without refund, in case of:

• Breach of these Terms;
• Fraud, attempted fraud or abusive use of the Service;
• Behaviour harmful to Eatten Sàrl, its providers or other users;
• Persistent non-payment;
• Use of the Service for unlawful purposes or contrary to good morals;
• Any other objective and duly justified reason.

7. User obligations and commitments

The User undertakes to:

• Provide accurate information and keep it up to date;
• Use the Service in good faith, in accordance with its intended purpose;
• Not use the Service for emergency medical advice or as a substitute for medical follow-up;
• Not attempt to bypass the Service's security mechanisms;
• Not extract, copy, reproduce, modify or commercially exploit the content of the Service;
• Not send unlawful, defamatory, hateful content, sexual content involving minors, or content that infringes third-party rights;
• Not attempt to manipulate the AI to obtain prohibited or dangerous content;
• Consult a healthcare professional for any medical condition or specific situation.

8. Limitations of liability

8.1 Availability of the Service

Eatten Sàrl endeavours to ensure the availability of the Service 24/7, but does not guarantee uninterrupted availability. The Service may be suspended for maintenance, updates or in case of force majeure (including, without limitation: outage of a third-party provider such as Meta (WhatsApp, Messenger, Instagram), Telegram, OpenAI, Anthropic, Stripe, Supabase, Railway). Changes to access channels are governed by section 3.1.

8.2 Liability cap

Subject to mandatory provisions of law, and notably in case of gross or intentional misconduct, the total cumulative liability of Eatten Sàrl towards the User, on any ground whatsoever, is expressly limited to the amount actually paid by the User over the last twelve (12) months preceding the event giving rise to liability.

8.3 Excluded damages

In no event shall Eatten Sàrl be held liable for indirect, immaterial or consequential damages, loss of opportunity, loss of revenue, loss of profit, harm to reputation, moral prejudice, or harm to health resulting from the User's misinterpretation of the AI Content.

9. Intellectual property

All elements of the Service (texts, images, code, design, brand, database) are protected by intellectual property law and are the exclusive property of Eatten Sàrl or its assignees. No licence, other than a personal and non-transferable right to use the Service, is granted to the User.

AI Content generated for the User in the context of the Service is made available for their personal use. Eatten Sàrl retains ownership thereof.

10. Personal data

The processing of personal data is governed by our privacy policy, which is an integral part of these Terms.

11. Modification of the Terms

Eatten Sàrl reserves the right to modify these Terms at any time. Any substantial modification will be notified to the User at least 7 days before its entry into force, by email or through the messaging channel used by the User. Continued use of the Service beyond that date amounts to acceptance of the new Terms. Otherwise, the User may cancel free of charge.

12. Assignment

Eatten Sàrl may freely assign these Terms to a third party, in particular in case of merger, demerger, partial contribution of assets or change of control. The User will be informed and may cancel free of charge in case of disagreement.

13. Force majeure

Neither party shall be held liable for a failure to perform its obligations resulting from a case of force majeure as defined by Swiss court case law.

14. Partial nullity

If any provision of these Terms is declared null or unenforceable, the other provisions shall remain in full force and effect.

15. Applicable law and competent jurisdiction

These Terms are governed by Swiss law, to the exclusion of its conflict-of-laws rules.

Any dispute relating to their interpretation or performance shall fall under the exclusive jurisdiction of the courts of Lausanne, canton of Vaud, Switzerland.

16. Contact

For any question relating to these Terms: