Nuclear Cyborg Corp’s PhotoCal AI Terms of Use

Effective: November 6, 2026
Last updated: November 6, 2026

Please read these Terms of Use carefully before accessing or using the PhotoCal AI Service.

Capitalized terms have the meanings provided here. Section headings are provided for convenience in organizing this document only, and are not part of these Terms of Use.

These Terms of Use (the “Terms”, “Terms of Use”) cover the PhotoCal AI app (the “App”) and the website https://photocal.ai (the “Website”), together with associated software, content and AI-powered tools (collectively, the “Service” or “Services”), made by Nuclear Cyborg Corp (“Nuclear Cyborg”, “The Company”, “We”, “Us”, “Our”). “You” means the individual using the Service or the legal entity on whose behalf the individual uses the Service. “User Content” means any images, photographs, text, metadata, or other content, including any related edits or updates, uploaded, submitted or transmitted by You through the Service.

Other apps, websites and services operated by Nuclear Cyborg Corp are governed by the Nuclear Cyborg Corp Terms of Use at https://nuclearcyborg.com/terms.

1. AGREEMENT TO TERMS AND PRIVACY POLICY

Your access to and use of the Service is conditioned upon Your acceptance of these Terms of Use and the PhotoCal AI “Privacy Policy”, which can be found at https://photocal.ai/privacy. You acknowledge that You have read, understood, and agree to be bound by these Terms. If You do not agree, You must discontinue use of the Service.

2. END USER LICENSE AGREEMENT AND TERMS OF USE

While the PhotoCal AI App is licensed to You under Apple’s Licensed Application End User License Agreement https://www.apple.com/legal/internet-services/itunes/dev/stdeula/, these Terms of Use govern Your use of the Service.

3. ELIGIBILITY AND AGE REQUIREMENTS

You must be at least 13 years old to use the Service. If You are between 13 and 17 years old, You may only use the Service with the consent and supervision of a parent or legal guardian, who agrees to be fully responsible for all activities conducted using the Service.
You represent and warrant that You are at least 13 years old.

4. NOT A MEDICAL DEVICE OR SERVICE

PhotoCal AI’s Services do not constitute a medical device. PhotoCal AI is not a health care professional and is not a substitute for one. The Service is not a medical or healthcare service.

PhotoCal AI does not provide medical, dietary, or nutritional advice or counseling.

The Service is not intended to diagnose, treat, cure, or prevent any disease or illness.

You agree You will consult qualified, licensed professionals before making decisions about Your health, diet, or any medical condition, and that You should not and will not rely on any information provided by the Service in making any health or medical decisions.

5. DO NOT RELY ON AI ESTIMATES

All food identifications, calorie estimates, nutrition estimates, nutritional and trend insights provided by the Service are automated approximations and may be inaccurate or incomplete. Some or all such automated approximations are made by artificial intelligence (“AI”) from a photo, a written or verbal description of Your food, and/or from other information You provide.

AI food identifications and calorie and nutritional estimates can be wrong, sometimes by a wide margin.

You agree that You will not rely on any information provided by the Service in making any health or medical decisions.

You agree that The Company is not liable for incorrect food identifications or inaccuracies in calorie counts or any related nutritional information.

6. USER CONTENT AND LICENSE GRANT

By submitting User Content, You represent that You own or have rights to it. You grant The Company a non-exclusive, worldwide, irrevocable, royalty-free, transferable license to use, reproduce, analyze, process, modify and create derivative works from the User Content to operate and improve the Service, except where expressly limited by the Privacy Policy.

7. LIMITS

Your use of the Service is subject to limits, such as the Daily limit on AI analyses, established by Us. We may change any such limits at any time, with or without notice, and at Our sole discretion. You agree to abide by any such limits established by or communicated through the Service and will not attempt to circumvent them.

8. SUBSCRIPTIONS AND REFUNDS

Subscriptions. Subscriptions are purchased and billed exclusively through Apple’s App Store and automatically renew unless You cancel at least 24 hours prior to the expiration of Your current subscription. Apple’s App Store terms, conditions and privacy policies apply.

Prices are subject to change at any time, subject to Apple’s policies and terms.

Refunds are processed and handled exclusively by Apple under its policies and terms. Visit https://support.apple.com/en-us/118223 for information on how to request a refund.

You agree that if You request a refund, We will provide Apple’s App Store with “Consumption Information” regarding Your purchase and use of the Service, including:

Nothing in the Privacy Policy shall be interpreted to reduce or amend the sharing of Consumption Information.

9. THIRD-PARTY LINKS AND INTEGRATIONS

The Service may include links or integrations with third-party content or services. The Company does not control and is not responsible for such services, and makes no representations as to the suitability of such services. Providers of third-party content and services have their own terms of use and privacy policies. You agree to indemnify and hold Us harmless for any such use in connection with third-party links or integrations.

10. THIRD-PARTY SERVICE PROVIDERS

We use third-party service providers (“Service Providers”) in the development and operation of the Service. We may change, add, or remove such Service Providers at any time, without notice, at Our sole discretion. Details of current Service Providers, including the types of data We share with them, the types of processing they perform, and data retention details can be found in the Privacy Policy.

11. ACCEPTABLE USE

You agree not to:

(a) access content, data or systems not intended for You, or probe, scan or test the vulnerability of the Services, or bypass device and app install integrity assertion systems, the Daily limit or any other security or usage measure;

(b) interfere with the operation of the Service or other users, including by overloading, flooding or sending malicious code;

(c) use the Services through automated means, or to provide a service to others, except as the App itself allows (for example, through Shortcuts or Siri on Your own device);

(d) modify, reverse-engineer, decompile or disassemble the App, except where the law allows it despite this restriction;

(e) develop, create, mock-up, publish, or market any competing, look-alike, or act-alike App, Website, or Service;

(f) use the Services for anything unlawful or harmful, or to send content that infringes on anyone’s rights;

(g) upload images or other User Content without lawful consent;

(h) reproduce, publish, or use any text, images, logos, trademarks, service marks of the Service, or anything that may be confused with any intellectual property of the Service, for any purpose without explicit prior written authorization;

(i) upload any User Content which is unlawful, harmful, sensitive, offensive, infringes anyone’s intellectual property, or which may harm the Service.

We may limit, suspend or terminate Your access to the Services if You break these Terms or if We reasonably believe Your use creates risk or legal liability for Us or others. Any violation of system or network security may also subject You to civil or criminal liability.

12. INTELLECTUAL PROPERTY

The Services, including the App’s code, design, text, graphics and the names and logos of PhotoCal AI and Nuclear Cyborg Corp, belong to Us or Our licensors and are protected by copyright, trademark and other laws. Apart from the license to use the Service described above, these Terms give You no rights in them.

13. CHANGES TO THESE TERMS AND PRIVACY POLICY

We may change these Terms. When We do, We will post the new version here and update the date at the top. You should check back frequently for any such updates. The Service will attempt to inform You and ask You to consent to the updated Terms of Use or Privacy Policy.

If You do not agree with these Terms or the Privacy Policy, or any subsequent updates to either, You must stop using the Service immediately.

14. CHANGES TO AND DISCONTINUATION OF SERVICE

We may change any part of the Service at any time, for any reason, at Our sole discretion. We may discontinue the Service, in whole or in part, for any reason or no reason at all, at any time and in Our sole discretion, with or without notice.

15. NO WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT FOOD IDENTIFICATIONS OR ESTIMATES WILL BE ACCURATE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU AGREE THAT THE SERVICE MAY HAVE SIGNIFICANT AND MATERIAL ERRORS, MAY NOT OPERATE AS DESIGNED, OR MAY HAVE BEEN DESIGNED, IMPLEMENTED, OR OPERATED POORLY OR IMPROPERLY. WE MAKE NO REPRESENTATIONS AS TO THE AVAILABILITY OR UPTIME OF THE SERVICE. THE SERVICE MAY HAVE UNEXPECTED OR PLANNED OUTAGES, PERFORMANCE DEGRADATIONS, FAILURES, AND INTERRUPTIONS. ACCURACY, CONSISTENCY, AND AVAILABILITY OF FOOD IDENTIFICATION AND CALORIE AND NUTRITION ESTIMATES MAY VARY SIGNIFICANTLY AND MATERIALLY OR BECOME UNAVAILABLE FROM TIME TO TIME.

THE SERVICE MAY EXPERIENCE DATA LOSS, INCLUDING, POTENTIALLY, ALL OF THE DATA ASSOCIATED WITH YOUR USE OF THE SERVICE. USER CONTENT AND INFORMATION STORED BY, GENERATED BY, OR PROVIDED BY THE SERVICE MAY BE SUBJECT TO DATA LEAKS OR PUBLIC EXPOSURE CAUSED BY UNAUTHORIZED ACCESS.

YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO THE ABOVE.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL NUCLEAR CYBORG CORP, ITS PARTNERS, OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBSIDIARIES, SUCCESSORS, AND/OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOSS OF REVENUES, PROFITS OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR SUBSCRIPTIONS TO THE SERVICE IN THE 365 CALENDAR DAYS BEFORE THE CLAIM FIRST AROSE, OR US$50 (FIFTY DOLLARS).

NOTHING IN THESE TERMS AFFECTS THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDES OR RESTRICTS ANY LIABILITY THAT CANNOT BE EXCLUDED OR RESTRICTED BY LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

17. ADDITIONAL INDEMNIFICATION

To the extent permitted by law, You agree to defend and hold harmless Nuclear Cyborg Corp, its owners, officers, directors, employees, contractors, subsidiaries, and licensors, as well as their successors and/or assigns, against any and all claims, damages and costs, including reasonable lawyers’ fees, arising from Your breach of these Terms or Your unlawful use of the Services.

18. DISPUTES AND GOVERNING LAW

If a dispute arises between You and Nuclear Cyborg Corp, We strongly encourage You to contact Us first at support@photocal.ai so We can do Our best to resolve it.

These Terms are governed by the laws of the United States and the State of Minnesota, without giving effect to any principles of conflicts of laws, and the state and federal courts in Hennepin County, Minnesota, have jurisdiction.

19. SEVERABILITY

If a court of competent jurisdiction holds any provision of these Terms invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the rest of these Terms remain in full force and effect.

20. FORCE MAJEURE

Nuclear Cyborg Corp shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemics, government-declared emergencies, or failures of networks or of the providers the Services rely on.

21. ENTIRE AGREEMENT

These Terms, together with Apple’s Licensed Application End User License Agreement and Our Privacy Policy, are the entire agreement between You and Us about the Services.

22. CONTACT

support@photocal.ai
Nuclear Cyborg Corp
3760 Rosewood Ln N, Plymouth, MN 55441, USA