These terms are a legal agreement between you and Defycals Pty Ltd (ACN 699 740 246, ABN 99 699 740 246) (“DefyCals”, “we”, “us”), a company registered in New South Wales, Australia. By creating an account or using DefyCals (“the app”), you agree to these terms. If you do not agree, do not use the app.
You must be at least 16 years old to use DefyCals. The app is not directed at children under 16. By using the app you confirm that you meet this requirement.
DefyCals provides calorie and nutrition estimates and general wellness tracking. It is not a medical device and does not provide medical, nutritional, dietetic or healthcare advice, diagnosis or treatment. Calorie and macronutrient figures are AI-generated estimates and may be inaccurate. Always consult a qualified healthcare professional before making decisions about your diet, exercise or health, and never disregard professional advice because of something in the app. Use of DefyCals is at your own risk.
DefyCals is a general wellness tool and is not suitable for everyone. You should seek advice from a qualified healthcare professional before using the app, and you should not rely on it, if you:
DefyCals does not set calorie targets that are appropriate for every person, and is not designed to support extreme restriction. If you feel unwell, stop using the app and seek professional help.
The app uses artificial intelligence to estimate calories and macronutrients from your meal photos. AI outputs are probabilistic and may misidentify foods, portions or ingredients, and may be incomplete or inaccurate. You are responsible for reviewing and adjusting estimates before relying on them, and for deciding whether the information is suitable for you.
You are responsible for keeping your device and your sign-in access secure and for activity that occurs under your account. Tell us promptly if you believe your account has been compromised.
Clients may sign up using an invite code issued by a coach. Coaches are independent third parties. DefyCals does not employ, endorse, supervise or verify coaches, and is not responsible for the advice, conduct or qualifications of any coach. Any coaching relationship is between you and your coach. Coaches pay for a separate professional subscription governed by our Coach Subscription Agreement; the app itself is free for clients and contains no purchases.
You agree not to misuse the app — including attempting to disrupt the service, abuse the meal-analysis feature, access data that is not yours, upload unlawful, harmful or infringing content, or use the app for any unlawful purpose.
You retain ownership of the data, photos and messages you create in the app. You grant us a limited, non-exclusive licence to process that content solely to provide the app’s features — for example, sending a meal photo for analysis, or relaying a message or file between you and your coach. Messages and files exchanged between coaches and clients are user content; we do not routinely monitor them. If you encounter content that concerns you, you can unlink from a coach in Settings and report it to [email protected], and we may remove content or suspend accounts that breach these terms. See our Privacy Policy for how we handle your information.
We aim to keep the app available and reliable, but we may modify, suspend or discontinue features. Your data syncs to the cloud so it is available across your devices and survives reinstalling the app; you can export your data as a CSV file from Settings at any time.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that the law says cannot be excluded. Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited (at our option) to re-supplying the service or paying the cost of having it re-supplied.
Subject to section 10, and to the maximum extent permitted by law, the app is provided “as is” and “as available”, without warranties of any kind, express or implied, including as to accuracy, fitness for a particular purpose, or uninterrupted availability.
Subject to section 10, and to the maximum extent permitted by law, DefyCals and its operators will not be liable for any indirect, incidental, special or consequential loss (including lost data or lost profits) arising from your use of the app, and our total liability arising from or in connection with the app is limited to the amount you paid us for the app (which, for clients, is nil). Nothing in these terms excludes liability that cannot be excluded by law.
If you download the app from the Apple App Store, you acknowledge that these terms are between you and Defycals Pty Ltd only, not Apple, and that Apple is not responsible for the app or its content. Apple has no obligation to provide support or maintenance for the app. To the extent permitted by law, Apple is not responsible for any claims relating to the app, and Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
You may stop using the app and delete your account at any time from Settings, which removes your data as described in our Privacy Policy. We may suspend or terminate access if these terms are breached.
These terms are governed by the laws of New South Wales and the Commonwealth of Australia, and you and we submit to the exclusive jurisdiction of the courts of New South Wales. If a dispute arises, please contact us first at [email protected] so we can try to resolve it in good faith before any court proceedings.
We may update these terms as the app evolves or as the law changes. We will update the “Last updated” date above, and continued use after an update constitutes acceptance of the revised terms.
Defycals Pty Ltd
[email protected]