Terms and Conditions for Kojo App

1. Introduction and Acceptance of Terms

Welcome to Kojo (the "App"), a comprehensive calorie tracking platform operated by IKIGAI DEVELOPMENT LLC ("Company", "we", "us", or "our"), a company registered at 2882, 701 Tillery Street Unit 12, Austin, TX, Travis, US, 78702. These Terms and Conditions ("Terms") govern your access to and use of the Kojo App, including all its features, functionalities, content, and services offered therein (collectively, the "Services").

By downloading, installing, accessing, or using the Kojo App, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms or the Privacy Policy, you must not access or use the App.

These Terms constitute a legally binding agreement between you and IKIGAI DEVELOPMENT LLC. You acknowledge that these Terms are a contract between you and IKIGAI DEVELOPMENT LLC, even though it is electronic and is not physically signed by you and the Company, and it governs your use of the Service.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and/or by sending you an email or other notification as required by applicable law. Your continued use of the App after such modifications will constitute your acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms. We encourage you to review these Terms periodically for any updates or changes.

2. App Description and Services

The Kojo App provides a comprehensive suite of tools and features designed to assist users in tracking their calorie intake and understanding their dietary habits. The core functionalities of the App include:

• Calorie Tracking: Users can log their food consumption to monitor daily, weekly, and monthly calorie intake against their personal dietary goals.
• AI-Powered Meal Logging: The App incorporates Artificial Intelligence (AI) to facilitate easy and quick meal logging. Users can input their meals using voice commands or by typing text descriptions. The AI will then attempt to identify the food items and their nutritional information.
• Multi-Item Barcode Scanner: A key feature of Kojo is its advanced barcode scanning capability. Users can scan barcodes of multiple food items simultaneously, similar to an e-commerce checkout process. This bulk entry system is designed to expedite the logging process, making it more efficient than traditional single-item scanning methods.
• Personalized Recaps and Insights: The App provides users with personalized summaries and insights into their dietary patterns and progress towards their goals. These updates are delivered through the App, often featuring the friendly Kojo rabbit mascot, in an engaging and easy-to-understand manner.
• Visual Data Representation: Users can view their dietary data through various visual aids, such as graphs and charts. These visualizations help users better understand their eating habits, track their progress over time, and identify areas for improvement.

The Services are intended for personal, non-commercial use to help users manage their dietary intake and achieve their health and fitness goals more effectively. The Company may, in its sole discretion, update, modify, or discontinue any part of the Services at any time, with or without notice.

3. User Accounts and Registration

To access and use certain features of the Kojo App, you may be required to register for an account ("Account"). By creating an Account, you represent and warrant that you are at least four (4) years of age. If you are under the age of majority in your jurisdiction (typically 18 years old), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

When you create an Account, you agree to provide accurate, current, and complete information as prompted by the registration form. This information may include, but is not limited to, your name, email address, and other details necessary for the provision of our Services, such as weight, height, and fitness goals. You are responsible for maintaining the confidentiality of your Account login information, including your password, and are solely responsible for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. IKIGAI DEVELOPMENT LLC will not be liable for any loss or damage arising from your failure to comply with these obligations.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete, or if you are otherwise in breach of these Terms. You may also be required to connect your Account with third-party services, such as Apple Health or Google Fit, to fully utilize the App's features. Your use of such third-party services is subject to their respective terms and conditions and privacy policies.

4. Privacy Policy Reference

Your privacy is important to us. IKIGAI DEVELOPMENT LLC has established a separate Privacy Policy that explains how we collect, use, disclose, and safeguard your personal information when you use the Kojo App. Our Privacy Policy is incorporated by reference into these Terms and forms an integral part of this agreement. You can access our Privacy Policy [Link to Privacy Policy]. By using the Kojo App, you consent to the collection and use of your information as described in our Privacy Policy.

We are committed to protecting your data and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Economic Area (EEA) and the UK, and other relevant privacy regulations for users worldwide, including those in the USA and Asia. As detailed in our Privacy Policy, the types of data we collect include, but are not limited to: your name, email address, device ID, data imported from Apple Health (with your consent, such as activity levels, sleep patterns, and other health-related metrics), user-provided information such as weight, height, age, gender, and fitness goals, as well as food logs, meal pictures, voice data for AI logging, and other information necessary for the Kojo App to function effectively and provide you with personalized Services.

We encourage you to read our Privacy Policy carefully to understand our data practices. If you do not agree with the terms of our Privacy Policy, you should not use the Kojo App.

5. License to Use the App

Subject to your compliance with these Terms, IKIGAI DEVELOPMENT LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the Kojo App on compatible mobile devices (iOS and Android) that you own or control, solely for your personal, non-commercial purposes. This license does not allow you to use the Kojo App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

You may not rent, lease, lend, sell, redistribute, or sublicense the Kojo App. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Kojo App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Kojo App). Any attempt to do so is a violation of the rights of IKIGAI DEVELOPMENT LLC and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

The terms of this license will govern any upgrades provided by IKIGAI DEVELOPMENT LLC that replace and/or supplement the original Kojo App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. All rights not expressly granted to you in these Terms are reserved by IKIGAI DEVELOPMENT LLC.

6. User-Generated Content (UGC)

The Kojo App may permit you to create, upload, post, send, receive, and store content, such as custom food entries, recipes, dietary notes, progress photos, and other related information ("User-Generated Content" or "UGC"). You are solely responsible for your UGC and the consequences of posting or publishing it.

By creating, submitting, or otherwise making available any UGC on or through the Kojo App, you acknowledge and agree that all such User-Generated Content, including all intellectual property rights therein, will be the sole and exclusive property of IKIGAI DEVELOPMENT LLC. You hereby irrevocably assign to IKIGAI DEVELOPMENT LLC all of your right, title, and interest in and to all User-Generated Content, including, without limitation, all copyrights, patent rights, trademark rights, and other intellectual property or proprietary rights therein, effective upon its creation.

To the extent that any such assignment is ineffective under applicable law, you hereby grant to IKIGAI DEVELOPMENT LLC a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, perform, and otherwise exploit in any manner such UGC, in whole or in part, in any and all media, whether now known or hereafter devised, for any purpose, including for promotional and/or commercial purposes, without any further notice or compensation to you.

IKIGAI DEVELOPMENT LLC has no obligation to monitor, review, or pre-screen UGC. However, we reserve the right, in our sole discretion, to remove or edit any UGC at any time and for any reason, including if we believe that such UGC violates these Terms or is otherwise objectionable, without prior notice to you.

7. Third-Party Services and Integrations

The Kojo App may integrate with or allow you to access and use services, content, and data from third-party providers. These third-party services are not owned or controlled by IKIGAI DEVELOPMENT LLC. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and that you are solely responsible for reviewing and complying with any such terms and policies.

Specifically, the Kojo App utilizes or integrates with various third-party services including Analytics Services, Cloud Hosting and Infrastructure (AWS), Voice Recognition (Deepgram), Food Database (OpenFoodFacts), Health Data Platforms (Apple Health, Google Fit), and Payment Processors.

IKIGAI DEVELOPMENT LLC is not responsible for the content, accuracy, availability, or practices of any third-party services, nor does an integration with such third-party services imply our endorsement of them.

8. Subscriptions and Payments (Kojo Plus)

While the basic version of the Kojo App may be offered free of charge, certain features and functionalities may be available only through a paid subscription plan, referred to as "Kojo Plus".

Kojo Plus is offered on a subscription basis. Current subscription options include a monthly plan at Nine Dollars and Ninety-Nine Cents (USD $9.99) per month and an annual plan at Forty-Nine Dollars (USD $49.00) per year. IKIGAI DEVELOPMENT LLC reserves the right to change the subscription fees or introduce new charges at any time, in its sole discretion.

Payments for Kojo Plus subscriptions are processed through third-party payment processors, specifically Apple Pay for purchases made on iOS devices and Google Pay for purchases made on Android devices. Subscription fees for Kojo Plus are generally non-refundable, except as required by applicable law.

9. Intellectual Property Rights

You acknowledge and agree that the Kojo App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof, the AI algorithms, the multi-item barcode scanner technology, and the Kojo rabbit mascot design and character) are owned by IKIGAI DEVELOPMENT LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Kojo name, the Kojo logo, the Kojo rabbit mascot, and all related names, logos, product and service names, designs, and slogans are trademarks of IKIGAI DEVELOPMENT LLC or its affiliates or licensors. You must not use such marks without the prior written permission of IKIGAI DEVELOPMENT LLC.

10. Prohibited Conduct

You agree not to use the Kojo App for any purpose that is illegal or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of IKIGAI DEVELOPMENT LLC or others.

Prohibited activities include but are not limited to: using the App for commercial purposes, attempting to probe or test system vulnerabilities, bypassing security measures, sending spam, attempting to decipher or reverse engineer the software, and interfering with other users' access.

11. Disclaimers and Limitation of Liability

No Medical Advice:

THE KOJO APP AND ALL INFORMATION, CONTENT, AND SERVICES PROVIDED THROUGH IT ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE APP IS NOT A MEDICAL DEVICE, AND THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION.

"AS IS" and "AS AVAILABLE" Disclaimer:

THE KOJO APP AND ITS SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.

Limitation of Liability:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL IKIGAI DEVELOPMENT LLC BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE KOJO APP.

12. Indemnification

You agree to indemnify, defend, and hold harmless IKIGAI DEVELOPMENT LLC, its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Kojo App.

13-18. Additional Terms

The complete Terms and Conditions include additional important sections covering Termination, Governing Law and Dispute Resolution, Changes to Terms, Contact Information, Miscellaneous/General Provisions, and App Store Provisions.

For the complete Terms and Conditions document, please contact IKIGAI DEVELOPMENT LLC at contact@ikigai-development.com or refer to the in-app legal section.