Terms & Conditions

ACCESS

MEMBERSHIP / REGISTRATION FOR THE SERVICES

Once you complete registration on the Kalory App, you become a registered member (“Member”), which:

• Allows you to access and use all available tracking features within the App, including food logging, fitness insights, and nutrition data visualization.
• Allows us to contact you, if necessary, in order to inform you of any changes to the Terms of Use, Privacy Policy, or to describe new features and updates introduced within the App.
• Allows you to access personalized recommendations, activity summaries, and health insights, subject to these Terms and Conditions.
• Does not allow you to use any contact information or email addresses displayed within the App for any purpose other than that specifically authorized by Kalory.

By providing Kalory with your email address and/or mobile number, you expressly consent to:

• Our use of your email address or mobile number to send you Service-related notifications, including important updates or notices required by law, in lieu of communication by postal mail. You may use in-app settings to opt out of certain non-essential notifications.
• Our use of the phone number provided by you to contact you from time to time in order to provide updates related to your activity, progress tracking, or usage of Kalory’s Services.
• Our use of your email address to send you messages regarding new features, service improvements, or limited promotional offers. If you do not wish to receive such promotional communications, you may opt out at any time by contacting us at contact@twoindianmonk.com.
• Granting us permission to contact you via telephone, SMS, push notifications, or email for communication purposes related to your account and activity within the App.

You agree to indemnify and hold harmless TIMSIT Solutions Pvt. Ltd. (including its subsidiaries or affiliates) against any liabilities, financial penalties, damages, or expenses arising out of your mobile number being registered with the Do Not Call (DNC) or Do Not Disturb (DND) database, and our use of such contact information in compliance with your explicit consent.

GRANT OF LICENSE

Subject to these Terms and Conditions of Use, TIMSIT Solutions Pvt. Ltd. grants you a non-transferable, non-exclusive, non-sublicensable, limited right and license to access and use the Kalory App and its Services solely for the purposes intended, including but not limited to logging your food intake, fitness activities, and other health-related data.

This license is granted solely for personal and non-commercial use. You agree not to copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract the source code of the App or any part of its software, except as permitted under applicable law.

All rights, title, and interest in and to the App and its content (excluding user-generated data) remain the exclusive property of TIMSIT Solutions Pvt. Ltd. or its licensors. Nothing in these Terms grants you ownership rights in the App or its Services.

PRIVACY AND YOUR PERSONAL INFORMATION

For information about Kalory’s data protection and privacy practices, please refer to our Privacy Policy. This policy explains how TIMSIT Solutions Pvt. Ltd. collects, uses, and protects your personal data when you use the App and its Services.

By using the App, you consent to the collection and processing of your personal information as outlined in the Privacy Policy. This may include data such as your name, email address, height, weight, nutrition logs, and other fitness or health-related metrics required to provide the Services effectively.

We are committed to ensuring that your personal data is handled securely and in compliance with applicable data protection laws, including the GDPR and India’s DPDP Act, 2023.

UPLOADING MATERIAL TO THE SERVICE

Whenever you use any feature of the Kalory App that allows you to upload or submit content — such as photos of meals, notes, or fitness data — you must ensure that all material complies with applicable data protection laws and the content standards outlined below.

Your uploaded content must:

• Be accurate where it states facts and be genuinely held where it states opinions.
• Comply with the laws applicable in your jurisdiction and in India.
• Be relevant to your use of the App and Services.
• Not infringe upon any intellectual property, privacy, or proprietary rights of any third party.
• Not contain unlawful, obscene, offensive, defamatory, or otherwise inappropriate material.
• Not include viruses, malware, or harmful code intended to disrupt or damage the App’s functionality.

By uploading material to the App, you grant TIMSIT Solutions Pvt. Ltd. a limited, non-exclusive, royalty-free, and revocable license to process and display your uploaded data solely for the purpose of operating and improving the Kalory Services. You retain full ownership of all personal and uploaded content.

We reserve the right, at our sole discretion, to remove or disable access to any content that violates these Terms or that we deem inappropriate, unlawful, or inconsistent with the intended purpose of the Kalory App.

RESTRICTIONS ON CONTENT

When you upload, submit, or share any content, data, or material on the Kalory App, you agree to comply with applicable laws and these content restrictions. Your contribution must not:

• Belong to another person or contain any information that you do not have the right to share;
• Be defamatory or false about any individual or organization;
• Be obscene, offensive, pornographic, hateful, harmful, harassing, vulgar, libelous, invasive of another’s privacy, racially, ethnically, or otherwise objectionable, or encourage any unlawful or unethical behavior;
• Violate any applicable provisions of the Indian Penal Code, 1860, Information Technology Act, 2000, or the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Disclose any individual’s personal data such as name, address, contact number, or email without consent;
• Be harmful or inappropriate for minors;
• Infringe any intellectual property, including copyrights, trademarks, or database rights, belonging to another person;
• Breach any contractual or legal duty owed to a third party, such as confidentiality or data privacy obligations;
• Harass, upset, embarrass, alarm, or annoy any other person;
• Impersonate any person or misrepresent your identity or affiliation with another person or organization;
• Advocate or incite any third party to commit or assist in any criminal act;
• Contain content that directly or indirectly encourages, promotes, or glorifies violence, extremism, or terrorism;
• Contain statements that are knowingly false, inaccurate, or misleading;
• Mislead or deceive others about the origin of a message or contain grossly offensive or threatening information;
• Include any paid or sponsored content for which you have received compensation from third parties without disclosure;
• Contain viruses, worms, trojans, or any malicious code designed to harm, disrupt, or limit the functionality of any system;
• Threaten the unity, integrity, sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to commit any cognizable offence or insult another nation.

We reserve the right to remove any content posted or uploaded by you which, in our sole discretion, violates the above restrictions or is otherwise inappropriate for the Kalory App.

RESTRICTION ON USE OF SERVICES

You are not permitted to and shall not engage in any of the following actions. Any violation of this section will entitle TIMSIT Solutions Pvt. Ltd.to terminate your use of the Kalory App and Services, without prejudice to any other legal rights or remedies available to us:

• Distribute, sell, modify, adapt, or alter the Services or any content provided as part of the App;
• Attempt to decompile, reverse engineer, or disassemble the App or any component of its software;
• Attempt to copy or extract any part of the App’s source code, or decrypt any portion of it without authorization;
• Create any derivative works or versions of the App or any related software;
• Remove or tamper with any copyright notices, watermarks, or proprietary markings embedded in the App or its content;
• Use the App to create a false identity, impersonate another person, or disguise the origin of any uploaded content;
• Access or attempt to access any restricted areas of the App or servers without proper authorization;
• Use any automated tools, bots, scrapers, or other unauthorized means to interact with or extract data from the App;
• Alter, modify, or interfere with any part of the App, including security-related features or usage tracking;
• Disrupt or interfere with the security, functionality, or accessibility of the App, its servers, or connected networks;
• Engage in any conduct that could damage, disable, overburden, or impair the App or interfere with another User’s experience.

RIGHTS RESERVED BY TIMSIT SOLUTIONS

• We have the right to disclose your identity to any third party who provides valid evidence that content posted or uploaded by you violates their intellectual property or privacy rights.
• We are not responsible or liable to any third party for the accuracy or legality of any content posted by you or any other User of the App.
• We have the right to immediately terminate or suspend your access to the App, and remove any non-compliant material in case of violation of this Agreement or the Privacy Policy.
• We have the right to investigate and prosecute any violations of these Terms to the fullest extent of the law, including cooperating with law enforcement authorities where required.
• While we are not obligated to monitor all content, we reserve the right to review, pre-screen, flag, filter, modify, or remove any content that we deem inappropriate or inconsistent with the App’s purpose.
• We reserve the right to access, read, preserve, and disclose any information as reasonably necessary to:
  • Comply with applicable law, regulation, or governmental request;
  • Enforce these Terms and investigate potential violations;
  • Detect, prevent, or address fraud, security, or technical issues;
  • Respond to user support requests; or
  • Protect the rights, property, or safety of TIMSIT Solutions, its Users, or the public.

TIMSIT Solutions Pvt. Ltd. shall not be liable to you or any third party for any modification, suspension, or discontinuance of any part of the Services.

BREACH OF CONTENT STANDARDS

If we determine that a breach of the content standards has occurred, we may take any action we deem appropriate, including:

• Immediate, temporary, or permanent withdrawal of your right to use the App and termination of your account;
• Immediate removal of any content or contribution that violates these Terms, upon failure to correct the issue after notice;
• Issuing a formal warning to you;
• Initiating legal proceedings against you for reimbursement of any administrative or legal costs resulting from the breach;
• Taking further legal action as deemed necessary; and
• Disclosure of information to law enforcement authorities as required or deemed appropriate by us.

We disclaim and exclude any liability for actions taken in response to breaches of these rules. The actions listed above are not exhaustive, and we may take any other lawful measure we deem appropriate.

Upon termination or suspension of your account, you will no longer have access to any content or data stored on our servers. All licenses granted to you under this Agreement will immediately terminate.

CONTENT

You understand that all information (such as food logs, photos, written text, or other data) which you may access or create while using the Kalory App is the sole responsibility of the person from whom such content originated. You agree that you are solely responsible for any content that you upload, transmit, or display while using the Services, and you are fully liable for the consequences of your actions, including any loss or damage caused to TIMSIT Solutions Pvt. Ltd..

Kalory exercises no control over user-generated content within the App. Your use of any information, nutritional estimate, or visual data generated through the App is entirely at your own risk.

The App may use third-party APIs or resources to fetch or display nutrition or restaurant information that you might find objectionable or inaccurate. We accept no liability for such third-party content, data, or links.

You are responsible for ensuring that all data, photos, or other content uploaded through your account does not infringe on the intellectual-property or privacy rights of any third party and complies with applicable law. You represent and warrant that you possess the rights or licenses necessary to use and submit such content.

You acknowledge that the technical processing and transmission of the App’s Services, including your uploaded data, may involve unencrypted transfers across various networks and may be adapted to meet technical requirements of connecting devices.

DISCLAIMERS

The Kalory App may display limited advertisements or references to third-party brands or restaurants. Any interaction with such third parties is solely between you and the respective entity. TIMSIT Solutions Pvt. Ltd. is not responsible or liable for any loss or damage arising from such interactions.

The App may contain links to external websites or APIs. As we have no control over such external resources, we are not responsible for their availability, accuracy, or content. You acknowledge that we are not liable for any damage or loss arising from your reliance on such information.

You agree that your use of the Kalory App and its Services is entirely at your own risk. The App and Services are provided on an “as is” and “as available” basis, without warranties of any kind—express or implied—including but not limited to merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that:

• The Services will meet your expectations or fitness goals;
• The Services will be uninterrupted, timely, secure, or error-free;
• The results or insights generated by the App will be accurate or reliable; or
• Any errors will be detected or corrected immediately.

If you are over 35 years of age, have a medical condition, or have been inactive for an extended period, you should consult a qualified healthcare professional before using Kalory. Conditions such as heart disease, hypertension, diabetes, high cholesterol, obesity, arthritis, or bone and joint problems warrant prior medical approval.

You should discontinue exercise or dietary experimentation in case of pain, discomfort, or adverse reactions and seek medical advice before resuming activity. We reserve the right to deny access to certain features if, in our judgment, usage poses health risks.

All information and visuals available within the App—including AI-generated insights—are intended solely for informational and educational purposes. They do not constitute or replace professional medical advice, diagnosis, or treatment. Always seek the advice of a licensed healthcare provider for medical concerns. Reliance on any in-App content is strictly at your own risk.

CONTENT LICENSE FROM YOU

Certain features of Kalory may allow you to post feedback, photos, data, or other information (“User Content”). You are solely responsible for the User Content you upload, publish, or share on the App. We act only as a passive conduit for storage and processing of such data.

By posting or uploading User Content on Kalory, you grant TIMSIT Solutions Pvt. Ltd. a non-exclusive, worldwide, royalty-free, and revocable license to host, store, process, display, and adapt such content solely for the purpose of operating and improving the Kalory Services. You retain full ownership of your personal data and media.

You also acknowledge that technical processing may require transmitting your content across networks or modifying file formats to fit device or network specifications. You agree that such technical adjustments are permitted.

If Kalory introduces community or social features in the future, you agree that any participation must comply with these Terms, and you warrant that you have the necessary rights to post or share such information.

BILLING AND PAYMENT

Certain premium features of the Kalory App may be offered on a subscription or one-time purchase basis. By opting into such paid features, you agree to the pricing, billing, and payment terms applicable at the time of purchase.

Payments are processed through trusted third-party gateways, including but not limited to Apple In-App Purchases, Google Play Billing, PayPal, and Razorpay. Kalory does not store or handle your payment card or banking information.

• Subscription renewals occur automatically unless cancelled at least 24 hours before the end of the billing cycle.
• In-App purchases exceeding ₹ 2,000 per transaction will require additional factor authentication as mandated by the Reserve Bank of India.
• You must promptly update any billing or contact information changes with the relevant payment provider.
• Any billing discrepancies must be reported within 30 days of the charge appearing on your statement; failing which, you waive the right to dispute the transaction.

TIMSIT Solutions Pvt. Ltd. reserves the right to modify subscription plans, introduce new paid features, or revise prices with prior notice posted in-App or on our official website.

INDEMNITY AND LIMITATION OF LIABILITY

You agree to defend, indemnify, and hold harmless TIMSIT Solutions Pvt. Ltd., its directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, or expenses (including attorney’s fees) arising from:

• Your use of or access to the Kalory App and Services;
• Your violation of any provision of these Terms;
• Any infringement of a third party’s rights, including intellectual-property or privacy;
• Any claim that your uploaded content caused damage to another individual or entity.

The material displayed within the Kalory App is provided without any guarantees as to accuracy. To the maximum extent permitted by law, we expressly exclude:

• All implied warranties or conditions of merchantability or fitness for purpose;
• Any liability for direct, indirect, incidental, or consequential damages arising from your use or inability to use the App;
• Loss of data, revenue, goodwill, or business opportunities; and
• Any other loss or damage, even if foreseeable, arising out of your use of the App or reliance on its information.

Our total liability to you, if any, shall not exceed the amount paid (if any) for access to premium Kalory features. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise.

OFFENCES

You must not misuse the Kalory App or its Services by knowingly introducing viruses, trojans, worms, spyware, logic bombs, or any other malicious or technologically harmful material. You must not attempt to gain unauthorized access to the App, its servers, databases, or any system connected to the App, nor shall you attempt to disrupt or damage the Services by a denial-of-service or distributed denial-of-service attack.

Any such actions constitute criminal offences under the Information Technology Act, 2000 (and applicable amendments). TIMSIT Solutions Pvt. Ltd. will report such breaches to the relevant authorities and fully cooperate with law enforcement by disclosing your identity as required. Upon such a breach, your right to use the App will terminate immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, malware, or other harmful technology that may infect your device, programs, or data resulting from your use of the App or downloading any material from it.

LINKING TO THE WEBSITE

You may link to our official website or App home page, provided you do so in a fair and legal manner that does not damage our reputation or take advantage of it. You must not suggest any form of association, approval, or endorsement on our part where none exists, nor link from any website not owned by you.

Our website and App must not be framed or embedded within any other platform, nor may you create a link to any page other than the homepage. We reserve the right to withdraw linking permission without notice at any time.

The Kalory App may include links to external websites or third-party APIs. We are not responsible for their content, accuracy, or updates and disclaim all liability for any damage, loss, or reliance arising from the use of such external links.

If you wish to make any use of content or material from the Kalory website or App other than as expressly permitted above, please contact us at contact@twoindianmonk.com.

ADDITIONAL TERMS FOR THE MOBILE APP

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Kalory mobile application for your personal and non-commercial use, subject to these Terms.

• You agree that you are solely responsible for your use of the App and for any third-party software or services you may integrate with it.
• We are not liable for any direct, indirect, incidental, or consequential damages arising from your use of or inability to use the App, including loss of data, goodwill, or profits.
• You must not modify, disassemble, decompile, or reverse engineer the App, nor rent, lease, sublicense, resell, or transfer it to any third party.
• You must not interfere with security-related features of the App or remove any proprietary notices contained therein.
• We may release updates or new versions of the App from time to time, which may be installed automatically. Your continued use of the App after such updates constitutes acceptance of those changes.

Abuse or excessive use of the App (e.g., automated requests, scraping, or misuse of resources) may result in temporary or permanent suspension of your account, determined solely at our discretion.

SECURITY

We have implemented commercially reasonable technical and organizational measures to protect your personal information and uploaded content from unauthorized access, alteration, or disclosure. However, we cannot guarantee that such measures will prevent all unauthorized access or misuse.

By using the Kalory App, you acknowledge that you provide your information at your own risk and agree that TIMSIT Solutions Pvt. Ltd. shall not be liable for any unauthorized access, data breach, or technical compromise beyond our reasonable control.

OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS / SERVICE MARKS

All intellectual property rights in the Kalory App, website, design, text, graphics, user interface, logos, software, and other related materials are owned and reserved by TIMSIT Solutions Pvt. Ltd..

You are granted no rights or licenses in the App other than those expressly provided herein. Any unauthorized copying, distribution, reproduction, or modification of Kalory content is strictly prohibited and may result in legal action.

By accepting these Terms, you acknowledge that the ownership, title, and rights in and to the App remain exclusively with TIMSIT Solutions Pvt. Ltd.. Any usage of Kalory’s intellectual property without written authorization shall constitute a breach of this Agreement.

GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the laws of India. The courts of Vadodara, Gujarat shall have exclusive jurisdiction over any disputes arising from or related to your use of the Kalory App or its Services.

TIMSIT Solutions Pvt. Ltd. accepts no liability for noncompliance with laws of any jurisdiction other than India. The ability to access the App outside India does not imply our consent to the laws of such foreign jurisdictions.