Terms and Conditions

Effective Date: February 1, 2025 Last Updated: October 1, 2026

Welcome to Last Calorie, a service operated by Openkan LLC (2108 N ST STE N, Sacramento, CA 95816, USA) ("Company," "we," "us," or "our"). This application provides AI-powered nutrition analysis and dietary insights.

By accessing or using the Last Calorie application ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not use this Service.

1. Important Legal & Medical Disclaimer

1.1 Not Medical, Nutritional, or Fitness Advice

🚨 CRITICAL WARNING: The Last Calorie app and all its features DO NOT provide medical, nutritional, dietary, or fitness advice of any kind.

• NO PROFESSIONAL RELATIONSHIP: Use of this Service does not create a doctor-patient, nutritionist-client, or any professional advisory relationship.
• INFORMATIONAL PURPOSES ONLY: All information provided is for general informational and educational purposes only and MUST NOT be considered a substitute for professional medical advice, diagnosis, or treatment from a licensed healthcare provider.
• CONSULT PROFESSIONALS: You MUST consult a licensed physician, registered dietitian, or qualified healthcare professional before:
  • Making any dietary changes
  • Starting any nutrition or fitness program
  • Relying on any information provided by this Service
• HIGH-RISK CONDITIONS: If you have food allergies, diabetes, heart disease, eating disorders, pregnancy, or any pre-existing medical conditions, you MUST NOT rely on this Service and should seek immediate professional medical guidance.
• EMERGENCY SITUATIONS: This Service is NOT for emergency use. If you experience a medical emergency, call 911 or your local emergency services immediately.

1.2 AI-Generated Information May Be Inaccurate, Incomplete, or Harmful

⚠️ CRITICAL ACCURACY WARNING:

• The AI nutrition analysis relies on machine learning models that may include technology developed, hosted, or maintained by third-party providers, including but not limited to large language models and computer vision systems.
• NO WARRANTY OF ACCURACY: Openkan LLC makes absolutely no representations or warranties regarding the accuracy, completeness, reliability, currentness, or availability of any AI-generated content, nutritional data, or recommendations.
• ERRORS ARE EXPECTED: AI systems regularly produce errors, hallucinations, and incorrect information. You acknowledge that any nutritional data may be completely inaccurate.
• THIRD-PARTY DEPENDENCIES: The underlying AI models, their training data, outputs, and availability may change without notice at the discretion of third-party providers.
• NOT PROFESSIONAL ADVICE: AI-generated recommendations, meal suggestions, calorie estimates, and nutritional analyses do not constitute professional nutritional, medical, or dietary advice under any circumstances.

1.3 Complete Disclaimer of Liability for Health Risks

BY USING THE LAST CALORIE APP, YOU EXPRESSLY ACKNOWLEDGE, AGREE, AND ACCEPT THAT:

• VOLUNTARY USE & ASSUMPTION OF ALL RISKS: You VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS associated with using this Service, including all health-related risks.
• SOLE RESPONSIBILITY: You are solely and completely responsible for all dietary decisions, food choices, health outcomes, and any consequences arising from your use of the Service.
• ASSUMPTION OF RISK: You assume all risks associated with using AI-generated nutritional information, including but not limited to risks of:
  • Allergic reactions and anaphylaxis
  • Nutritional deficiencies or excesses
  • Weight gain or loss
  • Metabolic disorders
  • Adverse health effects
  • Worsening of pre-existing conditions
  • Serious bodily injury or death
• NO LIABILITY: Openkan LLC, its officers, directors, employees, contractors, affiliates, agents, licensors, partners, and third-party service providers SHALL NOT BE LIABLE under any legal theory (including negligence, strict liability, or breach of warranty) for:
  • Any injuries, illness, allergic reactions, or adverse health effects
  • Any direct or indirect health complications
  • Any reliance on AI-generated information
  • Any decisions made based on information provided by the Service
  • Any damages whatsoever arising from your use of the Service
  • Any physical, mental, or emotional harm

YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION against Openkan LLC and its affiliates related to health outcomes, nutritional information, or use of the Service.

2. Definitions

• "Affiliate" refers to an entity that controls, is controlled by, or is under common control with Openkan LLC.
• "Device" means any computer, mobile phone, tablet, or digital device accessing the Service.
• "Service" refers to the Last Calorie app, website, and all features.
• "Third-Party Services" means services or content provided by third parties that may be displayed or integrated into the Service.
• "User" ("You") refers to the individual accessing or using the Service.

3. User Eligibility & Representations

3.1 Age Requirement

✔ You MUST be at least 18 years old to use this Service. ✔ If you are under 18, you are PROHIBITED from using this Service.

3.2 User Representations and Warranties

By using this Service, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You are not located in a country subject to a U.S. Government embargo, or designated as a "terrorist supporting" country
• You are not listed on any U.S. Government list of prohibited or restricted parties
• All information you provide is accurate, current, and complete
• You will maintain the accuracy of such information and promptly update it as necessary
• You have consulted with appropriate medical professionals before using dietary information from this Service
• You understand that AI-generated content may be inaccurate or harmful

4. Account & Security

• You may be required to create an account to access certain features.
• You must provide accurate and truthful information when registering.
• You are responsible for maintaining account security and must notify us immediately of unauthorized access.

5. Permitted Use & Restrictions

✅ You May Use This Service To:

✔ Upload food images for AI analysis. ✔ Track personal nutrition and dietary habits. ✔ Access educational content.

❌ Prohibited Activities:

You agree NOT to:

• Rely on the Service as a substitute for professional medical advice.
• Upload illegal, offensive, or copyrighted content.
• Attempt to reverse-engineer or interfere with the AI technology.
• Use the Service for commercial purposes without written permission.

6. Privacy & Data Protection

🔐 Your privacy is important to us.

• We collect and process certain user data as outlined in our Privacy Policy.
• While we implement security measures, no system is 100% secure, and we cannot guarantee absolute data protection.
• By using the Service, you consent to data collection and processing inside and outside your jurisdiction, including the United States.

7. Third-Party Services & AI Dependencies

• The Service may integrate artificial intelligence models, APIs, cloud-based computation, and third-party analytics tools.
• Openkan LLC does not own, control, or guarantee the performance of any third-party AI models or external services that contribute to data processing.
• Use of AI-generated recommendations is at your own risk. We make no warranties regarding the consistency, accuracy, or fitness for a particular purpose of any AI-driven insights.
• Openkan LLC shall not be liable for:
  • Service interruptions, errors, or incorrect AI outputs caused by third-party AI dependencies.
  • Changes or updates in third-party AI models that affect the Service’s performance.
  • Unauthorized access, data breaches, or other risks related to third-party AI infrastructure.

8. Subscriptions & Payments

💳 Certain features may require a paid subscription.

• Automatic Renewal: Subscription charges are billed automatically and renew unless canceled at least 24 hours before the next billing cycle.
• NO REFUNDS: All subscription fees are non-refundable, except where prohibited by applicable law. You will not receive a refund for any unused portion of a subscription period.
• Price Changes: We reserve the right to change subscription prices at any time. Price changes will apply to subsequent billing cycles after reasonable notice.
• Payment Processing: Payments are processed by third-party payment processors. We are not responsible for errors, failures, or security issues with third-party payment systems.
• Failed Payments: If a payment fails, we may suspend or terminate your access to paid features without liability.

9. Intellectual Property & User Content

9.1 Company Ownership

All AI models, algorithms, software, branding, designs, text, graphics, and content provided by the Service are the exclusive property of Openkan LLC and protected by copyright, trademark, and other intellectual property laws.

9.2 User Content License

By uploading, submitting, or posting any content (including photos, text, data, or other materials) to the Service, you:

• Retain ownership of your original content
• Grant Openkan LLC a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content for:
  • Providing and improving the Service
  • Marketing and promotional purposes
  • Any other business purposes
• Represent and warrant that you own or have necessary rights to such content
• Waive any moral rights or attribution rights to the extent permitted by law

AI training exclusion: Notwithstanding the above, content you submit is never used to train artificial intelligence models, whether ours or third parties'.

9.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service become the sole property of Openkan LLC without any compensation or attribution to you.

9.4 Reporting Content and Notice-and-Takedown

To report content on the Service that you believe infringes your rights or is unlawful, write to contact@lastcalorie.com with the subject "Content Notice".

Copyright (United States — DMCA, 17 U.S.C. § 512). Our agent designated under 17 U.S.C. § 512(c)(2) to receive notices of claimed infringement is: Copyright Agent, Openkan LLC, 2108 N ST STE N, Sacramento, CA 95816, USA; phone: +1 (510) 227-1981; email: master@openkan.com (US Copyright Office Registration No. DMCA-1081645). A notice must include: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the material claimed to be infringing and where it is on the Service; (4) your contact information; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (6) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner. If your content was removed and you believe this was a mistake, you may send a counter-notice as described in 17 U.S.C. § 512(g). We terminate the accounts of repeat infringers in appropriate circumstances.

Brazil (Marco Civil da Internet — Law 12.965/2014). You can send notices about content at the address above. Notices about the unauthorized disclosure of images or videos containing nudity or sexual activity of a private nature will be handled promptly, as required by art. 21. We also comply with court orders requiring content removal.

Japan (Information Distribution Platform Act — 情報流通プラットフォーム対処法). If you believe content infringes your rights, you may request that we take measures to prevent its transmission (送信防止措置) or request disclosure of sender information (発信者情報開示) at the address above. We will review requests in accordance with the Act.

10. Warranty Disclaimer

❌ No Guarantees.

• The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind.
• We do not guarantee that the Service will always be accurate, available, or error-free.

11. Limitation of Liability

🚨 Maximum Liability: To the maximum extent permitted by law, Openkan LLC, its officers, directors, employees, affiliates, agents, contractors, and licensors shall not be liable for: 🚫 Any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service. 🚫 Health-related issues, injuries, allergic reactions, or adverse outcomes arising from nutritional data, AI-generated recommendations, or any information provided by the Service. 🚫 Loss of data, revenue, profits, business opportunities, or goodwill. 🚫 Service interruptions, errors, inaccuracies, or failures caused by third-party dependencies, including but not limited to AI model providers, cloud services, or payment processors. 🚫 Unauthorized access to or alteration of your data or transmissions. 🚫 Any statements or conduct of any third party on or through the Service.

Maximum aggregate liability in any circumstance is limited to the lesser of: ✔ The total amount you paid to Openkan LLC for the Service in the 12 months preceding the claim, or ✔ $50 USD.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

12. Termination of Access

12.1 Our Right to Terminate

We reserve the right to suspend, restrict, or terminate your access to the Service immediately and without notice or liability if: 🚨 You violate these Terms or any applicable laws. 🚨 You engage in fraudulent, abusive, or harmful activities. 🚨 We suspect unauthorized use of your account. 🚨 The Service is discontinued, modified, or suspended for any reason, including business, technical, or legal reasons. 🚨 We determine, in our sole discretion, that your continued access poses a risk to us, other users, or third parties.

12.2 Effect of Termination

Upon termination:

• You will immediately lose access to all features, including paid subscriptions.
• No refunds will be provided for any fees already paid.
• We may delete your account and data without liability.
• All provisions of these Terms that by their nature should survive termination shall survive, including disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

12.3 Your Right to Terminate

You may terminate your account at any time by discontinuing use and deleting your account through the app settings. Termination does not entitle you to any refund.

13. Indemnification

You agree to indemnify, defend, and hold harmless Openkan LLC, its officers, directors, employees, contractors, agents, affiliates, licensors, suppliers, and third-party service providers from and against any and all:

• Claims, demands, actions, suits, or proceedings
• Liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees)

arising out of or related to: ✔ Your use or misuse of the Service ✔ Your violation of these Terms ✔ Your violation of any rights of third parties ✔ Any health-related claims or outcomes resulting from your use of the Service ✔ Your reliance on AI-generated information or nutritional data ✔ Any content you upload or submit to the Service ✔ Your breach of any representations or warranties made herein

This indemnification obligation will survive termination of these Terms and your use of the Service.

14. Dispute Resolution, Arbitration & Governing Law

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

14.2 Mandatory Arbitration & Class Action Waiver

YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION, rather than in court, except that you may assert claims in small claims court if your claims qualify.

• Arbitration Rules: The arbitration will be conducted by JAMS (Judicial Arbitration and Mediation Services) under its Streamlined Arbitration Rules and Procedures, or another arbitration provider mutually agreed upon.
• Location: Arbitration shall take place in Sacramento County, California, or via remote proceedings if mutually agreed.
• CLASS ACTION WAIVER: You agree to arbitrate disputes on an individual basis only, and EXPRESSLY WAIVE ANY RIGHT to participate in a class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. This means:
  • No class arbitrations or class actions
  • No consolidation of claims with other users
  • No representative actions on behalf of others
  • Each party may only bring claims in their individual capacity
• JURY TRIAL WAIVER: You EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL for any disputes.
• Arbitration Costs: Each party shall bear their own costs of arbitration, except as otherwise required by applicable law or the arbitration rules.

BY AGREEING TO THESE TERMS, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT THIS ARBITRATION AGREEMENT IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT AND IS FULLY ENFORCEABLE.

14.3 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information.

14.4 Informal Resolution

Before initiating arbitration, you agree to contact us first to attempt to resolve the dispute informally by sending a written notice to contact@lastcalorie.com describing the issue and proposed resolution. We will attempt to resolve the matter within 30 days.

14.5 Mandatory Consumer Protections Not Affected

Nothing in these Terms limits any right you have as a consumer under the mandatory laws of the country where you live that cannot be excluded or limited by contract. In particular, if you are a consumer resident in Brazil or Japan, Sections 14.1 to 14.3 (governing law, mandatory arbitration, class action and jury waivers, and venue) apply only to the extent permitted by the consumer protection laws of your country, and you may bring a claim in the courts of your place of residence where those laws allow it. The same applies to the limitations and disclaimers in Sections 1, 10, 11 and 13 and to Section 8's refund terms.

15. Severability, Waiver & Entire Agreement

15.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

15.2 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by an authorized representative of Openkan LLC.

15.3 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Openkan LLC concerning the Service and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

16. Updates to These Terms

• Openkan LLC reserves the right to modify, update, or replace these Terms at any time in our sole discretion.
• We will make reasonable efforts to provide at least 30 days' notice of material changes by:
  • Posting updated Terms with a new "Last Updated" date
  • Sending notice via email (if you provided one)
  • Displaying an in-app notification
• Continued use of the Service after any changes constitutes your acceptance of the modified Terms.
• If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Service immediately.
• It is your responsibility to review these Terms periodically.

17. Contact Information

For legal inquiries, contact us at:

📍 Openkan LLC 📧 contact@lastcalorie.com 🏢 2108 N ST STE N, Sacramento, CA 95816, USA