picky GmbH
Rückertgasse 29/23
1160 Wien

Softwareengineering and digital services

UID/VAT: ATU77932123
FB 576780g
Handelsgericht Wien/Commercial court of Vienna

+43 660 455 7931
legal@picky.vote

Member of the Austrian Wirtschaftskammer, “WKO”
Applicable law: www.ris.bka.gv.at

Complaints can be addressed to the contact mentioned above or to ec.europa.eu/odr

Caloristas tracks your calories, utilising AI to detect food and drink ingredients just by taking a picture.

We also compare your progress with goals you set during onboarding, and follow standard practices for the goal calculations.

Our calculations are based on the widely adapted and accepted Mifflin-St Jeor Equation.

Find out more here: Mifflin-St Jeor Equation

EULA for the use of our mobile app: Apple EULA

When you use the Caloristas app, here's what data we collect:

During profile setup, you can register or sign in using third-party services like "Sign in with Google" or "Sign in with Apple." If you choose this option, some of your data will be managed by these third-party services according to their own terms and privacy policies. To create your basic profile, Caloristas asks for some health data to calculate goals for you. This data will never be stored by us, we only save the resulting goal - Calories per day - which can later be edited by you, the user.

You can delete your account in the settings page inside the app and also re-do your onboarding and directly modify your calories goal at any time.

When you create an entry, we store the data related to this entry securely.

Here's how we use your data:

Caloristas solely uses user data to build your diary and will never transfer it to third parties for advertising purposes.

We do not sell your data for advertising purposes.

User data may be transferred and processed outside the EU based on standard contractual clauses as the legal basis. Our cloud infrastructure provider is AWS.

Data retention and deletion:

We retain user account data, including entries, for 3 years after account deletion. User health data is deleted immediately upon account deletion. You have the right to access your data, rectify any errors, object to or restrict processing, request data portability, and request erasure of your data by contacting us.

Technical Setup: We are using AWS for our backend infrastructure and Flutter for our frontend build. Find out more here: https://aws.amazon.com/privacy/?nc1=h_ls

We may share user data with third-party service providers solely for purposes of operating and improving the app.

Use of OpenAI: We use OpenAI to process images and text uploaded by users. This processing is strictly for assessing the nutrients and ingredients in the photos provided. The data processed by OpenAI is handled according to strict privacy and security standards. Learn more about how OpenAI handles data here: OpenAI EU Privacy Policy

Your rights under GDPR:

• Right of access: You have the right to access the personal data we hold about you.
• Right to rectification: You can request the correction of inaccurate or incomplete data.
• Right to erasure: You can request the deletion of your personal data, subject to certain conditions.
• Right to restrict processing: You have the right to request the restriction of processing your personal data under certain circumstances.
• Right to data portability: You can request that we transfer your data to another organization or directly to you, in a structured, commonly used, and machine-readable format.
• Right to object: You can object to the processing of your data in certain circumstances.

If you have any concerns about how we handle your data, you have the right to lodge a complaint with a supervisory authority in the EU.

For any questions regarding our privacy policy or terms, please contact:

Matteo Haas
legal@picky.vote
Rückertgasse 29/23
AUT 1160 Vienna

The following text contains the terms of service of picky GmbH, Rückertgasse 29/23, 1160 Vienna, Austria (further referred to as "picky", "we", "our" or "us"). Please read this document carefully before using/downloading our app or our other services.

The following applies to our Caloristas app, which tracks calories by using AI to analyze user photos to track, further referred to as "our app" or "the app".

1. License to Use

By downloading our app, we grant you a nonexclusive, worldwide, and perpetual license to perform, display, and use the product on your device in accordance with our terms and conditions.

2. Intellectual Property

The Caloristas app and all intellectual property rights are owned by picky. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the app in whole or in part unless explicitly permitted by these terms.

3. Prohibited Conduct

Using our app, you will not:

• Engage in harassing, threatening, intimidating, illegal or predatory conduct
• Impersonate other persons or users or log into an account you are not allowed to access
• Display behavior while using the app that could disrupt or in any way negatively affect the experience other users are having while using the app
• Reverse engineer, decompile or disassemble any aspect of the app or try to disrupt our services
• Develop or use any application that interacts with our app, such as extracting data, creating automatic inputs or scrape information from the app

Users under the age of 16 in the EU/EEA or 13 years old in other jurisdictions are prohibited from using the app without parental consent.

4. Links to Third Parties

The app may contain links to third-party websites. We are not responsible for the content or practices of those websites.

5. Termination

If you are violating any of the terms mentioned in this agreement, we reserve the right, in our sole discretion, to terminate your account and your right to access or use our app. We are not responsible for any damage, loss or harm related to your inability to access or use the app based on such termination.

It is also possible for you, the user, to terminate your account within the in-app account menu or by contacting us directly for any reason whatsoever. Please note, that the content (specifically questions/surveys and related content) you created while using the app is not automatically deleted upon account termination. If you wish to have this data deleted as well, please contact us directly at legal@picky.vote

6. User Generated Content

picky does not claim ownership of any content created or submitted by you in any area of the app. This applies to all surveys created and related actions. However, by posting/creating content you are granting us a royalty free, sub-licensable and worldwide license to copy, distribute, publicly display, edit, use your content for promotional purposes. Picky will never display your nickname or any of your other account information when sharing your content publicly or for promotional purposes.

This license is terminated as soon as either party deletes the content it adheres to. You can delete your content within the menu attached to each question or by contacting us at legal@picky.vote

7. Copyright infringement

picky respects the intellectual property rights of others and expects users to do the same. If you are a copyright owner, authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringement taking place on or through our app by contacting us at legal@picky.vote

Picky will expeditiously respond and investigate copyright infringement claims and act in its sole discretion to remove the challenged content from the app.

8. Modification of/Updating these terms

We, picky, reserve the right, at our sole discretion, to change or update these terms going forward at any time. Please periodically review the terms and conditions for any changes or updates that could materially modify your rights or obligations – in case of these substantial changes we will take an effort to notify you ahead of time, so you can react accordingly.

9. Disclaimer of Warranty

picky is providing the app and its services "as is" without warranty of availability or other expectations that user might hold towards the app. Users are using the app at their own risk and discretion. picky does not guarantee that the app is free from mistakes, errors or other issues that might be damaging to the user.

10. Indemnification

You agree to indemnify, defend and hold picky harmless from any claims, damages, losses, liabilities, costs and fees arising from your violation of these terms or your use of the app.

11. Disclaimer of Liability

You expressly agree to and understand that picky is not liable for any loss of data, inability to access the app for any reason whatsoever, copyright infringement of others, or any other direct, indirect, incidental, lost profits, special, consequential, punitive, or exemplary damages resulting from the use or inability to use our app or our services or resulting from data or information obtained from using our app or our service. This also includes damages arising from unauthorized access or alterations of the transmission of your data, for which picky is also not liable.

12. Governing Law and Disputes

These terms shall be governed by and construed in accordance with Austrian law. Any disputes relating to these terms or your use of the app shall be resolved through binding arbitration in Vienna, Austria.

13. Severability

If any part of these terms is determined to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These terms, along with our Privacy Policy, constitute the entire agreement between you and picky regarding your use of the app.

15. Assignment

Picky may assign its rights and obligations under these terms to any party at any time without notice to you.