(These Terms of Service were last revised on March 25th, 2025)
These Terms of Service ("Terms" or "Agreement") govern the use of Kalora ("Kalora"). This mobile application is developed and operated by MOYMER NEGÓCIOS E SERVIÇOS EM TECNOLOGIA LTDA., a limited liability company incorporated in Brazil ("Moymer", "we", or "us"). These Terms apply to Kalora, including its interactive features, widgets, and resources, as well as any associated services (collectively, "Service"). By accessing or using Kalora, you agree to be bound by these Terms.
By using the Service in any manner, including but not limited to accessing, installing, visiting, browsing, scraping, or crawling the Service, you agree to be bound by this Agreement.
We reserve the right, at our sole discretion, to change this Agreement at any time. A revised version of these Terms will be published on the Service with the updated date at the beginning of this Agreement. Continued access to and use of the Service following any changes means you accept and will abide by the changes. In the event of a material change that may directly affect your account, we will notify you, such as by posting a pop-up message in the Service or updating the update date above.
The Service is offered subject to the terms of this Agreement, the Privacy Notice, and any additional terms required for certain features of Kalora from time to time.
The Service is offered subject to the acceptance of:
A. All the terms and conditions contained herein "as is," without any changes;
B. All operating rules, policies, and procedures that Moymer may publish on the Service from time to time;
C. All additional terms and conditions issued by Moymer for the use of specific features of the Service.
By accepting this Agreement, you agree to abide by the terms of the Privacy Notice, where applicable.
You must be able to form a binding agreement (in most jurisdictions, 18 years old) to be eligible to use Kalora.
You may use the Service only if you can form a binding contract with Moymer and comply with this Agreement and all applicable laws and regulations. You represent and warrant that you are either over the age of majority in your jurisdiction, an emancipated minor, or have legal guardian consent and are competent to accept this Agreement. Any use or access to Kalora by anyone under 13 is strictly prohibited and violates this Agreement. The Service is not available to any users previously removed by Moymer.
Normal message, data and other rates may apply to your use of the Service on your mobile device, certain features may be prohibited by your mobile carrier.
The Service will be accessible via mobile phones, tablets, or other wireless devices (collectively, "Mobile Services"). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply when you use the Mobile Services. Additionally, downloading, installing, or using certain Mobile Services may be restricted or prohibited by your mobile carrier, and not all Mobile Services may work with all carriers or devices.
Therefore, it is your responsibility to check with your mobile carrier to determine if the Mobile Services are available on your device, what restrictions may apply, and the costs involved. All use of the Service and related Mobile Services must comply with this Agreement.
Kalora does not require user account creation or login credentials. You can access and use all features without registering or providing personal information.
Since there is no account system, you are responsible for keeping your device secure while using the app. Texts, audios and images you submit within the app may be stored in your iCloud account. This allows you to retain access to your data across devices. If your device is lost or compromised, any data stored in your iCloud account will still be accessible unless you delete it via your iCloud settings.
Moymer reserves the right to restrict access to the app or its features in cases of misuse, abuse, or violation of these Terms.
You can access some features of the Service for free. However, to unlock additional functionalities, you may choose a Premium plan. Premium access is available in different tiers — some plans provide limited usage, while others offer unlimited access. The exact features and usage limits depend on the subscription plan you choose.
Depending on the Service, you'll initially be set up as a free user, allowing you to access limited features without charge. At any time, you may purchase a Premium subscription to access additional features as described below:
A. Some features of the Service will be available to free users to allow them to try the Service. Access to these features may be restricted at any time. Moymer is not obligated to provide free features and may choose to do so at its sole discretion.
C. If you enjoy the Service, you can purchase a Premium subscription, granting access to additional features available at the time of purchase. Moymer may deactivate, change, or upgrade features at any time at its sole discretion.
D. When purchasing a Premium subscription, you agree to the subscription period and to pay the full price disclosed at the time of purchase. As a subscription service, your account will be billed continuously until you terminate the subscription as outlined below.
E. Subscription prices may vary from time to time, with or without notice. Upon renewal, you will be charged the most updated price for the Premium subscription.
F. Moymer may offer special promotions subject to extra terms or restrictions. These offers are non-transferable, non-cumulative, and cannot be shared with other users.
G. You may use a promotional code when purchasing a Premium subscription. Promotional codes may offer varying discounts and can be changed or canceled at any time. They have an undetermined lifetime and can be discarded by Moymer at any time.
H. Upon purchasing a Premium subscription, the available features will be instantly accessible. However, if payment is not confirmed at the time of auto-renewal, you may lose access to features until payment is confirmed.
I. Once you become a Premium user, additional features will be made available based on the subscription plan you choose. Some plans offer limited usage, while others provide unlimited usage. Regardless of the plan selected, you will not be eligible for a refund for the amount paid.
J. If payment is not confirmed within 30 days of an automatic-renewal, Moymer may cancel your subscription and restrict access to certain or all features.
All payments will be processed by Apple for iOS devices or by Google for Android devices. Accordingly, you acknowledge and agree that:
A. If you purchase a Premium subscription via an iOS device, you agree to the Terms of Service and Privacy Policy of the Apple App Store, in addition to these Terms of Service.
B. If you purchase a Premium subscription via an Android device, you agree to the Terms of Service and Privacy Policy of the Google Play Store, in addition to these Terms of Service.
C. To cancel your subscription, visit the App Store or Google Play Store (depending on where you first subscribed) and follow the instructions: Google Play and App Store.
D. Subscriptions purchased via an iOS device cannot be used on Android devices, and vice versa.
All content you see on the Service, unless submitted by you, is owned by Moymer or licensed by third parties. Your use of the Service does not grant you ownership of this content.
You agree that the Service contains content provided by Moymer, its business partners, and other Service users (collectively, "Moymer Content"). Moymer Content is protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Moymer Content includes, without limitation, the user interface, interactive features, button icons, content, software, code, data, art, graphics, animations, videos, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, navigation, compilation, trade dress, stylistic conventions, and other materials you may view on or access through the Service. It also includes all communications and comments made by other Service users and any other information or material uploaded by them. Your use of the Service does not give you ownership of any Moymer Content that you did not submit.
You do not have rights to use Moymer Content in any manner other than as explicitly authorized under this Agreement.
You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Moymer Content, third-party submissions, or other proprietary rights not owned by you:
A. without the consent of the respective owners or other valid rights, or
B. in any way that violates any third-party rights.
Subject to your complete and ongoing compliance with this Agreement, Moymer hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide right and license to access and use the Service for your personal, non-commercial use and solely in strict compliance with the provisions of this Agreement.
Your use of the Service does not grant you the right to use trademarks owned by Moymer or third parties unless explicitly authorized under this Agreement.
All trademarks, logos, service marks, and trade names displayed on the Service or in Moymer Content are registered or unregistered trademarks of Moymer, its business partners, and/or others. They may not be used unless authorized by the trademark owner. Nothing on the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Service.
You acknowledge and agree that your access to and use of the Service, Moymer Content, and the services provided through the Service constitute sufficient consideration for your agreement to comply with the terms of this Agreement. You waive any rights to any revenues and/or goodwill that Moymer may generate from your use of the Service.
A. User Content License. By providing text, audio and image inputs (collectively, "User Content") during your use of Kalora, you grant Moymer and its affiliates a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable (in whole or in part), assignable, worldwide license to use, reproduce, transmit, perform, display, exhibit, distribute, index, comment on, modify, reformat, create derivative works from, and otherwise exploit your text, audio and image inputs. This license extends to all media formats and channels now known or later developed, solely for the purposes of operating, improving, and promoting the Service, without further notice to you, with or without attribution, and without requiring any permission from or payment to you or any other person or entity ("User Content License").
B. Content Retention and Use. We do not store or retain any texts, audios or images submitted by users on our servers. However, texts, audios and images you submit within the app may be stored in your iCloud account, where you can manage or delete them through your device settings. Because this data is not stored or accessible by Moymer, we are unable to fulfill individual deletion or correction requests related to this content. Users may contact help@moymer.com with questions about their data or to request assistance in understanding how to manage data stored on their device or iCloud account.
C. Third-Party Processing. To generate AI responses, user inputs (including texts, audios and images) are sent to OpenAI’s servers. OpenAI may process, store, and use this data in accordance with its own privacy policies and terms of service. We encourage users to review OpenAI’s Privacy Policy to understand how their data may be handled.
C. Third-Party Processing. To generate AI responses, user inputs (including texts, audios, and images) are sent to third-party providers such as OpenAI. OpenAI may process, store, and use this data in accordance with its own privacy policies and terms of service. By using Kalora, you explicitly consent to this data being transferred and processed for the purpose of generating responses. These providers operate under their own legal jurisdictions and privacy frameworks. Moymer encourages users to review OpenAI's Privacy Policy and Terms of Service. Moymer is not responsible for the actions or data handling practices of third-party providers.
D. User Responsibility and Rights. You represent and warrant that you have the necessary rights to grant the licenses described above for your texts, audios and image inputs during the usage of Kalora. Moymer is not liable for any errors or omissions in any User Content.
E. Submission via Support Channel. If you contact us via our support channel and send us content through e-mail, you grant us the same rights as outlined in the User Content License above to use that content to respond to your inquiries and improve our Service.
F. No Responsibility for Third-Party Content. Moymer does not obtain or control any rights in, nor does it exert editorial control over, third-party content. All responsibility for such content lies with the individual or entity from whom it originated.
G. Agent Appointment. You hereby appoint us as your agent with full power to enter into and execute any document and/or perform any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments, and waivers set forth in this Agreement.
H. Nutritional Estimate Limitations. Kalora provides nutritional values and macronutrient breakdowns based on estimates. These values may vary significantly from actual values depending on portion size, ingredient composition, preparation method, and other factors. Users are solely responsible for verifying nutritional data and using their own discretion when making dietary decisions.
When making statements about products or services on the Service, you agree to abide by FTC Guidelines regarding Endorsements and Testimonials.
You agree to comply with all laws and regulations regarding endorsements or testimonials in any Moymer Content or User Content, including:
A. Making only accurate statements that represent your genuine experience with any product or service.
B. Making all required disclosures pursuant to the Federal Trade Commission’s (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising. For further information on complying with the FTC’s guidance, visit FTC Guidelines.
This section explains how to report alleged copyright infringement. If you believe content on Kalora violates your intellectual property rights, you can notify us by providing specific details, and we may remove or disable the content in question.
If you believe that any content within the Service infringes upon your copyright or intellectual property rights, please notify us at help@moymer.com with the following information:
• A physical or electronic signature of the copyright owner or authorized representative;
• Identification of the copyrighted work claimed to be infringed;
• A description of where the infringing material is located on the Service;
• Your contact information (email, phone number, mailing address);
• A statement that you have a good-faith belief the use is unauthorized;
• A statement under penalty of perjury that the above information is accurate and that you are the copyright owner or authorized to act on their behalf.
Upon receipt of a valid notice, we will respond promptly and may remove or disable access to the allegedly infringing material.
When you submit ideas to Moymer, we are not obligated to use your ideas, nor are we obligated to compensate you if we use your ideas, nor are we obligated to keep your ideas confidential.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including suggestions for improving the Service or our products ("User Submission"). By submitting any User Submission, you agree that:
A. Your disclosure is gratuitous, unsolicited, and without restriction, and will not place Moymer under any fiduciary or other obligation.
B. Moymer is free to use the User Submission without any additional compensation to you, and/or to disclose the User Submission on a non-confidential basis or otherwise to anyone.
C. Moymer is not obligated to use your ideas, nor to compensate you if we use your ideas, nor to keep your ideas confidential.
D. By accepting your submission, Moymer does not waive any rights to use similar or related ideas previously known to Moymer, developed by its employees, or obtained from sources other than you.
You warrant and agree that, while accessing or using the Service, you will not, nor will you assist or permit any person to:
A. Make unauthorized copies of any content made available on or through the Service.
B. Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Service to any third party, or use the Service to provide time-sharing or similar services for any third party.
C. Impersonate any person or entity, misrepresent your affiliation with any other person or entity, or provide false personal information.
D. Submit or communicate any material that:
1. Is defamatory, abusive, harassing, threatening, or an invasion of privacy.
2. Is bigoted, hateful, or racially or otherwise offensive.
3. Is violent, vulgar, obscene, pornographic, or otherwise sexually explicit.
4. Harms or can reasonably be expected to harm any person or entity.
5. Encourages users to perform activities that put themselves or others at risk.
E. Use the Service in violation of the intellectual property or other proprietary or legal rights of Moymer or any third party.
F. Post content that actively promotes or glorifies self-harm, such as content encouraging self-injury, eating disorders, or suicide.
G. Submit or communicate any material that is illegal or encourages illegal activity.
H. Submit or communicate any material that is commercial, business-related, or advertises products or services, without Moymer's approval.
I. Use the Service in a way that displaces the market for Moymer.
J. Influence or modify the voting system integral to the Service's competitive features.
K. Use any device, software, or routine to interfere with the proper working of the Service.
L. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or source code of the Service.
M. Delete or alter any material posted by Moymer or any other person or entity.
N. Access, tamper with, or use non-public areas of the Service, Moymer’s computer systems, or the technical delivery systems of Moymer’s providers.
O. Solicit or attempt to solicit personal information from other users.
P. Restrict, discourage, or inhibit any person from using the Service, disclose personal information without consent, or collect information about users.
Q. Gain unauthorized access to the Service, other users’ accounts, or personal information.
R. Post any virus, worm, spyware, or any other harmful computer code.
S. Violate any applicable federal, state, or local laws or regulations or the terms of this Agreement.
You alone are responsible for the consequences of any of your activities while you are visiting or using the Service.
You are solely responsible for your activities on third party sites you link to from the Service.
The Service may contain links to third-party websites, apps, advertisers, vendors, services, or other events or activities that are not owned or controlled by Moymer (each, a "Linked Site"). You acknowledge and agree that Moymer does not operate or control in any respect, nor necessarily endorse, the information, content, products, services, advertising, or other materials that may be found on a Linked Site. When you link to a Linked Site, you become subject to their terms of service and privacy policy rather than ours. You assume sole and complete responsibility for, and we do not accept any responsibility for, any losses or penalties incurred as a result of your use of a Linked Site, any transactions between you and the Linked Site, and any reliance on the contents of a Linked Site is at your own risk.
Moymer reserves the right, but not the obligation, to monitor or review Moymer Content. Moymer may disclose any information as requested by law, and reserves the right to refuse to post or remove a Moymer Content for any reason, any time, with or without notice.
Moymer reserves the right, but is not obligated, to monitor and/or review all Moymer Content posted to the Service or through the Service’s features by users. Moymer is not responsible for any materials posted by users. However, Moymer reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request. Moymer has the right, in its sole discretion, to refuse to post or remove any Moymer Content available on the Service, in whole or in part, at any time for any reason or no reason, with or without notice, and with no liability of any kind.
We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions, or applicable law, or for any other reason without notice or liability. If at any time Moymer chooses, in its sole discretion, to monitor the Moymer Content, Moymer nonetheless assumes no responsibility for such Moymer Content, no obligation to modify or remove any inappropriate Moymer Content, and no responsibility for the conduct of the user or other person or entity submitting any such Moymer Content.
To use the Service, you agree to also abide by the terms and conditions of the application store from which you download the Service.
You acknowledge and agree that the availability of the Service is dependent on the third party from whom you received the Service, such as Google’s Google Play or Apple’s App Store (each, an "App Store"). You acknowledge that this Agreement is between you and Moymer and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MOYMER AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SPONSORS, ADVERTISERS AND REPRESENTATIVES OF ANY OF THEM FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE SERVICE; (II) YOUR CONTENT, INCLUDING MOYMER'S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THIS AGREEMENT; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY MOYMER. THE SERVICE RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF MOYMER. MOYMER WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
Moymer controls and operates the Service from offices in Brazil. We make no representation that Moymer Content is appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Not all products or services mentioned on the Service are available to all persons or in all geographic locations or jurisdictions Moymer, its business partners and vendors reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any content, offer or service on the website is void where prohibited and the user automatically indemnifies Moymer from any legal or statutory outcomes resulting from their decision or action. Moymer reserves the right to block access to the Service by certain international users. When you access the Service, you are responsible for compliance with all applicable local laws.
TO THE FULLEST EXTENT PERMITTED BY LAW, MOYMER AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE "MOYMER PARTIES") MAKE NO WARRANTIES REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETE APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE MOYMER PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SERVICE OR OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOUR USE OF THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
THE MOYMER PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THERE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
KALORA DOES NOT STORE USER DATA ON OUR SERVERS. HOWEVER, USER-SUBMITTED TEXTS, AUDIOS AND IMAGES MAY BE STORED IN ICLOUD, WHICH IS MANAGED BY APPLE. THE SECURITY OF DATA STORED IN ICLOUD IS SUBJECT TO APPLE'S POLICIES, ENCRYPTION STANDARDS, AND SECURITY MEASURES. MOYMER IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS, LOSS, OR MODIFICATION OF DATA STORED IN ICLOUD. USERS SHOULD MANAGE THEIR ICLOUD SECURITY SETTINGS APPROPRIATELY.
THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS AND AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE MOYMER PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE SERVICE DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE SERVICE SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE, THE SERVICES OR THE CONTENT.
Kalora is not a medical device and does not provide medical advice, diagnosis, or treatment. All content, including nutritional estimates, calorie counts, suggested targets, and AI-generated responses, is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition or dietary changes. Never disregard professional medical advice or delay in seeking it because of something you have read in the app.
Kalora uses artificial intelligence to provide meal analysis and nutritional estimates based on user inputs. These estimates are generated automatically and may be inaccurate, incomplete, or misleading. The AI is not a registered dietitian or certified health professional. Moymer strongly recommends that users independently verify any critical nutritional or dietary information and consult with qualified professionals when necessary. Moymer disclaims all liability for decisions made based on AI-generated responses.
You acknowledge that while efforts are made to maintain appropriate and safe responses, AI-generated content may occasionally contain biased, offensive, or unexpected output based on user input. Use of such responses is at your own risk.
IN NO EVENT WILL ANY MOYMER PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH MOYMER PARTIES HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES. MOYMER’s LIABILITY, AND THE LIABILITY OF ANY OTHER SERVICE PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF WHAT YOU HAVE PAID US FOR THE PAST THREE MONTHS AND U.S. $100.
KALORA PRESENTS AI-GENERATED RESPONSES SOLELY FOR INFORMATIONAL PURPOSES, WHICH MAY BE INACCURATE, INCOMPLETE, OR MISLEADING. THESE RESPONSES DO NOT CONSTITUTE PROFESSIONAL, MEDICAL, LEGAL, FINANCIAL, OR ANY OTHER TYPE OF ADVICE, INSTRUCTIONS, OR RECOMMENDATIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU MUST NOT RELY ON ANY AI-GENERATED CONTENT AND SHOULD ALWAYS EXERCISE YOUR OWN JUDGMENT AND SEEK QUALIFIED PROFESSIONAL GUIDANCE WHEN MAKING DECISIONS. MOYMER DISCLAIMS ALL LIABILITY FOR ANY ACTIONS TAKEN BASED ON AI-GENERATED RESPONSES, INCLUDING BUT NOT LIMITED TO ERRORS, OMISSIONS, OR MISREPRESENTATIONS.
THE SERVICE IS OPERATED BY MOYMER FROM ITS FACILITIES IN BRAZIL. MOYMER MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE SERVICE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, APP, PROPERTY, PRODUCT, PROGRAM, CONTENT OR OTHER TEXT/AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY OR LICENSED TO MOYMER AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SERVICE, SERVICES, CONTENT, PRODUCT, PROGRAM, MUSIC, YOUR USER CONTENT OR OTHER TEXT/AUDIO/VISUAL CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE MOYMER PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
When you visit our Service, you acknowledge that in using the Service to send electronic communications (including but not limited to email, search queries, uploading videos, photos and files to Service and other Internet activities), you will be causing communications to be sent through Moymer’s computer networks, portions of which may be located in various locations in the United States and portions of which are located abroad. As a result, and also as a result of Moymer’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature will result in the transmission of U.S. interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of the Service results in U.S. interstate data transmissions.
Moymer may terminate, change, limit, suspend or discontinue any aspect of the Service at any time. Moymer may restrict, suspend or terminate your access to the Service and/or this Agreement if we reasonably believe or suspect you have acted inappropriately on the Service or you are in breach of this Agreement or applicable law, or for any other reason without notice or liability. Additionally, Moymer may terminate or limit use or access privileges to the Service of users who are repeat infringers of intellectual property rights and third party rights. You may terminate this Agreement at any time by uninstalling the app. However, uninstalling the app does not automatically delete text or images stored in your iCloud account. You can manage or delete this data through your iCloud settings. This Agreement is effective until terminated by you, or by Moymer for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of the Service and to immediately destroy all materials obtained from it.
In event that the account is terminated, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We may retain and continue to display information that you post in areas of the Service that are accessible by others. Also, information that you post in such areas may be retained, copied, reposted and distributed by others.
All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
The following additional terms and conditions apply to you if you are using Kalora from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 28, the more restrictive or conflicting terms and conditions in this Section 28 apply, but solely with respect to Kalora from the Apple App Store.
A. Agreement not with Apple, but Apple terms govern if more restrictive: Moymer and you acknowledge that this Agreement is concluded between Moymer and you only, and not with Apple, and Moymer, not Apple, is solely responsible for Kalora and the content thereof. To the extent this Agreement provides for usage rules for Kalora that are less restrictive than the Usage Rules set forth for Kalora in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies;
B. Limited license: The license granted to you for Kalora is limited to a non-transferable license to use Kalora on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service;
C. Apple not responsible for maintenance and support: Moymer is solely responsible for providing any maintenance and support services with respect to Kalora, as specified in this Agreement (if any), or as required under applicable law. Moymer and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Kalora;
D. No warranty from Apple: Moymer is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of Kalora to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Kalora to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Kalora, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be MOYMER’s sole responsibility;
E. Apple not responsible for product claims: Moymer and you acknowledge that Moymer, not Apple, is responsible for addressing any claims of you or any third party relating to Kalora or your possession and/or use of Kalora, including, but not limited to: (i) product liability claims; (ii) any claim that Kalora fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Moymer’s liability to you beyond what is permitted by applicable law;
F. Apple not responsible for intellectual property infringements claims: Moymer and you acknowledge that, in the event of any third party claim that Kalora or your possession and use of Kalora infringes that third party’s intellectual property rights, Moymer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim;
Moymer and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Moymer shall not be held liable for any failure or delay in performance of its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor strikes, pandemics, internet or utility failures, third-party service disruptions, or governmental actions. Such events shall not constitute a breach of this Agreement.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Agreement exclusively in the civil courts of the Court of District of São Paulo-SP, Brazil and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of Brazil, will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
This Agreement is governed by the internal substantive laws of the State of São Paulo, Brazil without respect to its conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in the State of São Paulo, Brazil for any actions for which we retain the right to seek injunctive or other equitable relief in court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Mandatory Arbitration provision above, including any provisional relief required to prevent irreparable harm. You agree that the State of São Paulo, Brazil is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision above is found to be unenforceable.
You agree that Moymer may assign any of its rights and licenses granted hereunder and/or transfer, subcontract or delegate any of its obligations under this Agreement without restriction. This Agreement is personal to you and you may not transfer or assign it to a third party. This means that in the event you dispose of any device on which you have installed Kalora, such as by sale or gift, you are responsible for deleting Kalora from your mobile device prior to such disposition.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any part of this Agreement is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Moymer may provide you with notices, including those regarding changes to this Agreement, by postings on the Service, which includes push notifications. Also, you consent to using push notifications (if notification is turned on by you) to send you Kalora related notices, including any notices required by law, in lieu of communication by postal mail. You may provide Moymer with notices by e-mail to the address help@moymer.com
This Agreement constitutes the entire agreement between you and Moymer with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Moymer with respect to the Service. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted in this Agreement are reserved to Moymer.