Terms of Use

1. About Kality and these terms

Kality is provided by Dynamic Digital sp. z o.o., Al. Jerozolimskie 181b, Warsaw, Poland, VAT PL5213678094 ("we", "us"). Kality helps you track what you eat and drink, understand your nutrition, activity and longevity habits, and, if you choose, share your progress with a coach or partner.

Our Privacy Policy explains how we handle your personal data and forms part of these terms. If you are a coach using the coach dashboard, our coach data-protection terms, which you accept in the dashboard, also apply.

2. Who can use Kality

You must be at least 13 years old to use Kality. If you're under 18, or under the age of majority where you live, you may use Kality only with the permission of a parent or guardian, who agrees to these terms for you. Kality is designed for healthy adults and teenagers managing everyday nutrition; it is not designed to support people with eating disorders.

3. Your account

You sign in with Apple, Google or an email address. Keep your sign-in details secure and tell us straight away if you think someone else has used your account. You're responsible for what happens in your account and for the information you give us being accurate, in particular your age, height, weight and goals, which Kality uses to set your targets.

4. Health information and estimates

Everything Kality shows you is for general information and motivation:

• Calories and nutrients are estimated from food databases and AI analysis, and real foods and portions vary.
• Daily targets are calculated with standard formulas from the information you give us and are not personalised medical advice.
• The Longevity Score, Fitness score, estimated VO₂ max and other scores are models based on published research. They don't predict your health or lifespan.
• Apple Health figures come from your devices and may be incomplete or inaccurate.

Don't rely on Kality to manage a medical condition, allergy or intolerance, medication or pregnancy. Always read food labels and ask a qualified professional before making significant changes to your diet, weight or exercise.

5. AI features

Some features, including voice and photo logging, Talk to Kal, the coach chat and recipe generation, use artificial intelligence provided by OpenAI and, for meal share pictures, fal.ai. You choose whether to turn these features on (see our Privacy Policy). AI can be wrong: it can misidentify foods or portions, miss ingredients, or suggest recipes or advice that don't suit you. Check results before relying on them, especially for allergens. Kal's voice is AI-generated, and Kal is not a person or a health professional.

AI-generated pictures on meal share cards are illustrations, not photos of your meal. Don't use them to mislead anyone.

To keep the service fair and affordable, AI features have usage limits, which may differ between the free plan and Premium.

6. Kality Premium and payments

Kality is free to download. The free plan includes calorie tracking, your daily nutrition score and the macro and micronutrient breakdown. Kality Premium is an optional subscription that unlocks more features, such as Insights, Longevity, Fitness, recipes, meal share cards, Family and coach connections. The features included, the price and the billing period are shown in the app before you buy.

• Premium is sold through Apple's App Store and charged to your Apple Account when you confirm the purchase.
• Subscriptions renew automatically for the same period and price unless you cancel at least 24 hours before the end of the current period. Your Apple Account is charged for renewal within the 24 hours before the period ends.
• You can manage or cancel your subscription in the iOS Settings app under your name → Subscriptions. Cancelling stops future renewals; you keep Premium until the end of the period you've paid for.
• If a free trial is offered, any unused part of it ends when you buy a subscription. If you don't cancel before the trial ends, the subscription starts and you're charged.
• Deleting your Kality account does not cancel your subscription.
• Refunds are handled by Apple under its own policies. Request one at reportaproblem.apple.com.

If we change the price of Premium, Apple will tell you in advance and, where required, ask for your agreement before you're charged the new price.

7. Family

With Family, one Premium subscription covers the subscriber and one partner. The partner's Premium access depends on the subscriber's subscription and ends if it ends or if either of you leaves the family. Only share your family invitation with the person you want to join. You are responsible for what you choose to share with your partner.

8. Coaches

Premium members can invite a coach to a free web dashboard. If you connect a coach:

• You decide to share and can stop at any time. What is shared is described when you connect and in our Privacy Policy.
• Your coach is an independent professional, not our employee or agent. We don't check coaches' qualifications and aren't responsible for their advice, services or fees. Any agreement about coaching is between you and your coach.
• Your coach can change your nutrition and activity goals and send you notifications. You can change your goals back at any time.

If you are a coach, coach accounts are created by us on request. You must accept our coach data-protection terms before you can see client data, you may use client data only to coach that client, and you are responsible for complying with the data protection laws that apply to you.

9. Your content

You keep ownership of what you put into Kality: your logs, photos, recordings, messages and other content. You give us a worldwide, non-exclusive, royalty-free licence to store, process and display your content only as needed to provide and improve Kality for you and to share it with the people you choose. This licence ends when you delete the content or your account, except where we must keep it by law.

Only upload content you have the right to use. Don't upload photos of other people without their permission.

10. Acceptable use

You must not:

• break the law or anyone's rights while using Kality;
• try to access other people's accounts or data, or our systems, without permission;
• reverse engineer, copy, resell or build a competing product from Kality, except as the law allows;
• use bots or automated tools to access Kality, or overload or interfere with it;
• use Kality or its AI features to create harmful, abusive, misleading or illegal content;
• get around usage limits, paywalls or security measures.

11. Licence and our rights

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Kality app on Apple devices you own or control, as allowed by the App Store Terms of Service, and to use the coach dashboard, for your own personal (or, for coaches, professional coaching) purposes. Kality, its design, software, content and the Kality name and logo belong to us or our licensors. These terms don't give you any rights to them except this licence.

12. Third-party services

Kality works with services from other companies, such as Apple Health, Sign in with Apple, Google Sign-In, the App Store and food databases like Open Food Facts. Your use of those services is also governed by their own terms. We aren't responsible for them, and food database information may be incomplete or wrong.

13. Changes to Kality

We're always improving Kality, so features may change, be added or be removed. If we remove a significant Premium feature during a period you've paid for, we'll tell you in advance. We may suspend Kality briefly for maintenance or for reasons outside our control.

14. Ending your use

You can stop using Kality at any time and delete your account in the app under Settings → Delete Account, which deletes your data as described in our Privacy Policy.

We may suspend or close your account if you seriously or repeatedly break these terms, if we must by law, or to protect other users or Kality. Unless the law or safety prevents it, we'll tell you why and give you a chance to respond. If we close your account without a valid reason under these terms, you can ask Apple for a refund of the unused part of your subscription.

15. Warranties and liability

We provide Kality with reasonable care and skill. Apart from that, and except where the law doesn't allow it, Kality is provided "as is", and we don't promise that it will always be available, error-free or accurate, or that it will achieve any particular health, weight or fitness result.

To the extent the law allows, we're not liable for indirect or consequential losses, or for decisions you make based on Kality's estimates or AI results, and our total liability to you for any claim related to Kality is limited to the greater of the amount you paid for Premium in the 12 months before the claim and EUR 50.

Nothing in these terms limits liability that can't be limited by law, such as for death or personal injury caused by negligence, for fraud, or for intentional or grossly negligent conduct, or affects your statutory rights as a consumer, including your rights if digital content or services are faulty.

16. Apple App Store terms

If you downloaded Kality from the App Store, the following also applies:

• These terms are between you and Dynamic Digital sp. z o.o. only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the Kality app and its content.
• Your licence to use the app is limited to Apple-branded products you own or control, and to the usage rules in the App Store Terms of Service, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• We are solely responsible for providing maintenance and support for the app. Apple has no obligation to do so.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any purchase price you paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses caused by any failure to conform to a warranty are our responsibility.
• We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to meet any legal or regulatory requirement, and claims under consumer protection, privacy or similar laws, including in connection with the app's use of HealthKit.
• If a third party claims that the app or your possession or use of it infringes their intellectual property rights, we, not Apple, are solely responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these terms, and once you accept them, Apple has the right (and is deemed to have accepted the right) to enforce them against you as a third-party beneficiary.

Questions, complaints or claims about the app should be sent to us, not Apple (see section 19).

17. Governing law and disputes

These terms are governed by the laws of Poland. If you're a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim in the courts of that country or of Poland. If you have a problem, please contact us first so we can try to fix it.

18. Changes to these terms

We may update these terms, for example when Kality changes or the law requires it. We'll change the date at the top and, for significant changes, tell you in the app at least 30 days before they take effect, unless the change is required by law sooner. If you don't agree, you can stop using Kality and delete your account before the changes take effect.

If any part of these terms is found invalid, the rest stays in effect. If we don't enforce a term straight away, we can still enforce it later. You may not transfer these terms to anyone else; we may transfer them to a company that takes over Kality, without reducing your rights.

19. Contact us

Dynamic Digital sp. z o.o.
Al. Jerozolimskie 181b, Warsaw, Poland
VAT: PL5213678094
Email: info@dynamicdigital.eu

See also our Privacy Policy.