Terms of Use

Revision dated March 9, 2026

These Terms of Use ("Terms of Use") are a legal agreement between you and the sole proprietor Gaivoronskii Andrei Vyacheslavovich (INN 260806349591, OGRNIP 319265100016961), an individual entrepreneur registered in the Russian Federation (hereinafter referred to as "Calorie Counter," "we," "our," or "us"), governing your use of the Calorie Counter mobile application and the website available at https://gaivoronskii.com/bites (the "Website").

These Terms of Use contain important information about your rights and obligations related to the Calorie Counter application. Please read them carefully.

By downloading, installing, or using the Calorie Counter application, you agree to these Terms of Use. If you do not agree to these Terms of Use, do not download, install, or use the Calorie Counter application.

We allow you to use the Calorie Counter application and the Website solely in accordance with these Terms of Use. We retain ownership of the Calorie Counter application and the Website.

These Terms of Use apply to the use of any updates or changes to the Calorie Counter application and the Website that we may release from time to time.

1. Licenses Granted to You

We grant you a non-exclusive, non-transferable, revocable license to perform the following actions in accordance with these Terms of Use ("Licenses"):

(i) download, install, and use the Calorie Counter application, as well as any updates provided by us from time to time, in object code form for personal use only on a compatible mobile device owned or controlled by you; and

(ii) access and view the Website, available at https://gaivoronskii.com/bites, for personal use only.

We may terminate the Licenses granted under these Terms of Use at any time at our discretion, with or without notice. If you violate any provision of these Terms of Use, such Licenses will automatically be revoked. Upon termination of any License, you agree to immediately cease using and accessing the Website and the Calorie Counter application and to delete any copies of the Calorie Counter application in your possession.

2. User Age Restrictions

The Calorie Counter application and the Website are not intended for use by children under the age of 16. If you are under 16 years old, you should not use the Calorie Counter application or the Website. If we discover any such use, we will immediately delete all relevant user accounts. If you are under 16 years old, you must obtain the consent of your parent or legal guardian for your use of the Calorie Counter application and the Website.

3. Rights to the Application, the Website, and Their Content

All intellectual property rights and other rights in the Calorie Counter application and the Website, as well as any content provided by us or our licensors or on our behalf, belong to and remain the property of Calorie Counter and its licensors. Except as expressly stated in these Terms of Use, you will not obtain any rights to our intellectual property rights or any intellectual property rights or other rights to the Calorie Counter application, the Website, or any other content.

The Calorie Counter application and the Website are licensed, not sold, under these Terms of Use. The only rights granted to you are the licenses described in Section 1, and no transfer of ownership or rights to access or use any source code is permitted.

If you submit any content ("Content") to the Calorie Counter application or the Website, you retain all intellectual property rights you hold in such Content. You grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, publish, distribute, perform, adapt, modify, enhance, and disseminate such Content for any purposes related to the Calorie Counter application and the Website.

We welcome any feedback or suggestions for improvement ("Feedback"). When you provide us with Feedback, you agree that we and our affiliates have the right to use such Feedback royalty-free, and we are not obligated to compensate you financially for any Feedback provided.

4. Use of the Application

To fully use the Calorie Counter application, you must create a user account ("Calorie Counter Account"). You are responsible for any use of your account, whether by you or a third party. You must ensure that you use your iCloud account to register your Calorie Counter Account. To the maximum extent permitted by applicable law, we are not liable to you for any unauthorized use of your account resulting from your failure to maintain restricted access to your mobile device or the privacy or security of your user data.

5. Acceptable Use

You agree that you shall not:

(a) copy, adapt, transfer, reverse engineer, decompile, disassemble, modify, sell the Calorie Counter application, the Website, or any content available on either of them, except as expressly provided in these Terms of Use or applicable law;

(b) use more than one Calorie Counter Account;

(c) use the Calorie Counter application or the Website in any unlawful manner, for any unlawful purpose, or in any way inconsistent with these Terms of Use, or act fraudulently or maliciously;

(d) reproduce, create, display, or exhibit the Calorie Counter application or the Website unless it is a necessary consequence of their normal operation;

(e) infringe intellectual property rights or the rights of third parties in connection with your use of the Calorie Counter application or the Website;

(f) transmit any materials that are defamatory, explicit, offensive, or otherwise undesirable;

(g) use the Calorie Counter application or the Website in a way that could damage, disable, overload, harm, or compromise our systems or security or interfere with other users;

(h) use any technology that interferes with the normal operation of the Calorie Counter application or the Website;

(i) collect any information or data from the Calorie Counter application or the Website for any commercial purposes unless otherwise agreed by us in writing.

If we discover any violation of this Section 5, we may immediately suspend or terminate your access to the Calorie Counter application and remove any violating content.

6. Changes and Updates

We reserve the right at any time, without any liability, at our sole discretion to modify, suspend, restrict, or disable your access to the Calorie Counter application and/or the Website, and to modify the functionality or content with or without notice.

From time to time, we may release updates for the Calorie Counter application. Depending on the nature of the update, you may not be able to continue using the application until you download the latest version.

7. Contact Us

For any questions related to the Calorie Counter application and the Website, including any feedback, questions, complaints, or claims, contact us at andrei@gaivoronskii.com.

8. No Warranty

The Calorie Counter application and the Website are provided "as is" and "as available" without any warranties, guarantees, or obligations of any kind regarding the availability, performance, accuracy, or completeness. We do not guarantee that the use and availability will be uninterrupted or error-free.

9. Third-Party Content

For your convenience, we may include links to other websites on the internet that are owned or operated by third parties ("Third-Party Websites"). You agree that we do not control the content of Third-Party Websites and are not responsible for any material available on such websites.

The Calorie Counter application and the Website may contain content provided by other users or other websites ("Third-Party Content"). You acknowledge that you use this content entirely at your own risk, and we are not responsible for such Third-Party Content.

10. Changes to the Terms of Use

We may change or update these Terms of Use from time to time. If we do, we will publish such changes in the Calorie Counter application and on the Website. By continuing to use the Calorie Counter application or the Website, you agree to such changes.

11. Limitation of Liability

You acknowledge that the Calorie Counter application was not developed to meet your individual requirements, and therefore you are responsible for ensuring that its features meet your requirements. To the maximum extent permitted by applicable law, we are not liable for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from or in connection with the Calorie Counter application, the Website, and/or these Terms of Use.

We are only liable for losses or damages you suffer if they result from our breach of these Terms of Use or our negligence.

12. Apple Requirements

As users of the App Store managed by Apple Inc., we are required to include certain legal terms in our Terms of Use, and they are set out in the Appendix below.

13. General

We may assign or transfer our rights and obligations under these Terms of Use to third parties. You may not assign or otherwise transfer these Terms of Use without our prior written consent.

We will not be liable for any failure or delay in performing any of our obligations caused by any action or event beyond our control.

If any court or competent authority decides that any provision is unlawful or unenforceable, the remaining provisions will remain in full force and effect.

These Terms of Use, as well as their subject matter and form, are governed by the laws of the Russian Federation. Both parties agree that the courts of the Russian Federation will have non-exclusive jurisdiction to resolve any disputes under these Terms of Use.

Appendix: App Store Terms

1. The Terms of Use are between you and us, not with Apple Inc. ("Apple"). We are responsible for the Calorie Counter application and its content, not Apple.

2. The license to use the Calorie Counter application granted under these Terms of Use is a non-transferable license for you to use the application on an Apple product that you own or control, in accordance with the usage rules set forth in the Apple App Store Terms of Service.

3. We acknowledge that Apple has no obligation to provide any maintenance or support services for the Calorie Counter application.

4. Apple will have no warranty obligations for the Calorie Counter application.

5. We, not Apple, are responsible for addressing any claims by you or a third party relating to the Calorie Counter application or your possession or use of it, including product liability claims and claims arising under consumer protection legislation.

6. In the event of any third-party intellectual property infringement claims related to the Calorie Counter application, we, not Apple, will be responsible for investigating, defending, settling, and discharging any such claims.

7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist-supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

8. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms of Use, and upon your acceptance, Apple will have the right to enforce these Terms of Use against you as a third-party beneficiary.