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Carry the full power of our ecosystem in your pocket. Transform your habits and reach your goals today, right from your iPhone.
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Carry the full power of our ecosystem in your pocket. Transform your habits and reach your goals today, right from your iPhone.
Or scan the code to install:
By downloading, installing, accessing, registering, interacting with, consuming content, or otherwise using directly or indirectly the Caloritrack mobile application, the caloritrack.com website, the application programming interfaces (API), or any associated service (collectively, the “App” or the “Services”), which have been developed, are owned, and are operated exclusively by KAI STUDIOS, S.A.S. (hereinafter, the “Company”, “we”, “our”, “us”), you affirmatively, irrevocably, and legally confirm that you have carefully read, fully understood, and agreed to be legally bound by the entirety of these Terms and Conditions of Use (“Terms”), as well as by our strict and detailed Privacy Policy.
Precondition and Affirmative, Categorical Consent: Access to the main functionalities of the App, especially those involving the input, transmission, storage, or algorithmic processing of confidential, sensitive, biometric, physical activity, or health data (such as, but not limited to, the cross-referencing of heart rate variability data, sleep history, nutritional intake logging, and body measurements), requires your express, free, prior, explicit, and informed consent through electronic validation mechanisms (such as checkboxes, digital signatures, or acceptance buttons labeled “I Accept”) displayed prominently within the user interface on compatible platforms, including iPhone, Apple Watch, and Apple TV. This electronic consent holds the same evidentiary validity as a handwritten signature, in accordance with applicable electronic commerce laws. If you are acting on behalf of and representing a legal entity, corporation, or another natural person, you declare and warrant that you possess the documented legal authority to bind such entity or person to these Terms. If you do not agree with a single clause, provision, section, or annex of these Terms, you are strictly prohibited from using our services, you lack the license to execute our software, and you must uninstall the App from your devices and cease its use immediately and permanently.
Caloritrack is not simply a passive database or a static calorie counter. It is an advanced software ecosystem and comprehensive health coach algorithmically designed to empower your life through deep self-knowledge, education on biohacking, and an understanding of the hidden physiological interconnections between your various habits. To achieve this ambitious human optimization goal, the App is intricately structured upon a fundamental architecture of 6 interconnected operational pillars, whose scopes and limitations are detailed below:
The user understands, acknowledges, and expressly accepts that the availability, accuracy, speed, and functionality of certain App features may vary significantly depending on the operating system version (e.g., older iOS versions), the state of cellular or Wi-Fi network connectivity, the specific hardware device used (sensor differences between an iPhone, an Apple Watch Ultra, or an older model), the user’s geographical location, and the current subscribed tier.
The operational core of Caloritrack is its advanced capability to cross-reference, correlate, and analyze massive and multifactorial user data to generate high-value personalized biofeedback. By accepting these terms, the user understands and unreservedly accepts the following information processing policies, which form the basis of the contract between the parties:
THIS IS THE MOST CRITICAL, FUNDAMENTAL, AND ESSENTIAL CLAUSE OF OUR CONTRACTUAL AGREEMENT. THE USE OF THE APPLICATION, ITS SERVICES, CONTENTS, AND ALGORITHMS IS UNDERTAKEN AT THE USER’S OWN, EXCLUSIVE, AND ABSOLUTE RISK AND RESPONSIBILITY. KAI STUDIOS, S.A.S. ESTABLISHES THE FOLLOWING IRREVOCABLE DISCLAIMERS AND WAIVERS OF MEDICAL LIABILITY:
KAI STUDIOS, S.A.S., the corporate entity, its shareholders, founders, directors, engineers, employees, contractors, and prominently, our software and the AI Coach (Kai) ARE NOT, nor do they claim to be, licensed healthcare providers, surgeons, nutritionists, clinical dietitians, psychologists, physical therapists, or psychiatrists in any jurisdiction in the world. The App, its source code, its texts, its predictive algorithms, and its graphical visualizations are strictly information technology tools, recreational lifestyle trackers, and general education. No data generated, extrapolated, or presented by the App, including advanced correlations regarding circadian rhythm or fluctuations in Heart Rate Variability (HRV), should under any circumstances be interpreted as a clinical judgment, medical diagnosis, pathological evaluation, pharmacological prescription, or curative or preventive treatment for any disease or medical condition. Our platform is not regulated, approved, or classified as a Medical Device (Software as a Medical Device – SaMD) by governmental health regulatory entities such as COFEPRIS (Mexico), the Food and Drug Administration – FDA (USA), the European Medicines Agency – EMA (Europe), or any other equivalent agency globally. Any decision to modify your medication regimen, physical activity, or diet based on information from Caloritrack without prior consultation with a board-certified physician constitutes negligence under your sole responsibility.
The displayed caloric metrics, proposed macronutrient distribution, and, very specifically, the warnings and visual alerts regarding thresholds of antinutrients (such as oxalates, lectins, saponins, and phytic acid) are the result of standardized algorithmic calculations derived from statistical averages sourced from general scientific literature. These mathematical models are completely “blind” to your individual biology; they do not consider your personal or family medical history, your genetics, the presence of food allergies, sensitivities, the permeability state of your intestinal barrier (leaky gut), your liver function, or the glomerular filtration rate of your kidneys. Exceeding or staying below a threshold in the App’s interface does not in any way guarantee that you will develop or avoid a pathological condition (e.g., the formation of calcium oxalate kidney stones or autoimmune inflammation from lectins). Any drastic dietary change, elimination diet, or restriction of food groups must be planned, supervised, and clinically monitored by a specialist physician or qualified clinical nutritionist. We assume no liability for nutritional deficiencies, eating disorders, or other damages derived from the strict application of the numbers displayed in the App.
Our platform allows the autonomous logging of prolonged fasting cycles without establishing artificial time limits, and theoretically documents the passage through various biological phases of cellular survival (such as insulin decrease, entry into deep hepatic ketosis, and lysosomal autophagy). However, the user expressly acknowledges that intermittent or prolonged fasting is a severe physiological stressor that carries serious metabolic and clinical risks if practiced incorrectly, including, among others: episodes of severe hypoglycemia, profound dehydration, electrolyte alterations and imbalances (sodium, potassium, magnesium) that can lead to cardiac arrhythmias, orthostatic hypotension, syncope (fainting), chronic fatigue, hormonal alterations (especially in the thyroid and gonadal axis), and accelerated loss of lean muscle mass (sarcopenia). The user assumes full, total, and exclusive responsibility for the decision to initiate, the duration, the intensity, and the manner of breaking their fasts. Critical Warning: The practice of fasting is strongly and categorically contraindicated for persons under 18 years of age, pregnant women, women actively breastfeeding, individuals with a Body Mass Index (BMI) below the normal range, persons with a medical history or suspected eating disorders (ED) such as anorexia nervosa or bulimia, individuals required to take medications with food, and persons with unstable metabolic conditions, especially type 1 or type 2 diabetes under insulin treatment, unless they have strict authorization, prescription, and constant monitoring by their endocrinologist.
Although the conversational design of our AI Coach is founded and theoretically inspired by philosophical principles of Stoic wisdom and reflection techniques from Cognitive Behavioral Therapy (CBT) for the purpose of fostering daily empowerment and resilience, the user acknowledges that their digital interactions under no circumstances constitute clinical psychotherapy, psychiatry, professional counseling, or mental health crisis intervention. The App lacks the clinical capability to assess the risk of harm to oneself or others, does not diagnose disorders listed in the DSM-5 or ICD-11, and does not offer treatment guidelines. If at any time during the use of the App you experience severe emotional distress, symptoms of clinical depression, panic attacks, paralyzing anxiety, psychotic episodes, or suicidal ideation or self-harm thoughts, you must immediately and completely cease the use of the App, the AI Coach, and all Caloritrack functions, and seek emergency psychiatric care at a hospital facility. Vital and emergency contact numbers: Call local medical rescue services immediately at 911 (if you are in Mexico, the United States, or Canada), at 112 (if you are in the European Union or Spain), or contact your country of residence’s government-designated national suicide prevention lines urgently. Do not wait for the AI Coach to offer you a solution.
Caloritrack deploys and deeply integrates Large Language Models (LLMs) and advanced Generative Artificial Intelligence technologies to give life and responsiveness to the AI Coach, named “Kai”. By enabling, configuring, or interacting in any way with our AI Coach, the user expressly, informedly, and unconditionally accepts the following technological and operational risks inherent to current AI systems:
The Caloritrack ecosystem transcends the mobile application and includes extensive editorial and educational components, such as the contextual help Tooltips (“i” icons) disseminated throughout the interface, the Caloritrack Authority Blog hosted on our website, and our official audio production on streaming platforms, the podcast “Potencia Tu Vida: Cuerpo Sano, Mente Indestructible”. We declare the following regarding this universe of content:
Our “Community” section (which encompasses the private Support Circles, the interactive Achievement Wall, and the collaborative Community Recipe Book) is conceived as a safe, constructive, toxicity-free space designed strictly for mutual motivation, the sharing of healthy experiences, and peer emotional support. To protect the integrity of the experience, KAI STUDIOS, S.A.S. imposes a strict, relentless, and non-negotiable zero-tolerance policy against inappropriate or destructive conduct.
By participating in the App’s social spaces, you legally and morally commit not to publish, transmit, link, solicit, or foster under any circumstance the following type of User-Generated Content (UGC):
In compliance with the safety guidelines of application distribution platforms (App Store Review Guidelines), the App provides native, accessible, and immediate tools so that any user can report objectionable content (“flag”) and block abusive users (“block”) from their personal view. Our dedicated Trust & Safety moderation team regularly audits the platform and is committed to reviewing received reports. Upon a valid report, KAI STUDIOS, S.A.S. reserves the absolute, unilateral, and unappealable right to remove, hide, or delete the infringing content from the database without prior notification. Furthermore, the user who provided the infringing content will be subject to sanctions ranging from temporary suspensions to permanent expulsion (IP and associated Apple ID account ban) from the entire Caloritrack ecosystem, typically within a maximum period of 24 hours following the confirmation of the infraction.
KAI STUDIOS, S.A.S. deeply respects the intellectual property rights of artists, writers, photographers, and creators worldwide. We comply with the notification and takedown procedures established in the U.S. Digital Millennium Copyright Act (DMCA) and analogous copyright legislations in Europe and Latin America. If, in good faith, you believe that your copyrighted work has been copied, reproduced, or distributed in a way that constitutes infringement and such material is hosted on our servers (for example, in a recipe uploaded by another user in the Community Recipe Book), you must send a formal, structured, and signed notification (physically or electronically) to our Copyright Agent via the email [email protected].
Your DMCA notification must inexcusably contain the following information to be processed under the “Safe Harbor” doctrine:
Sending false or malicious notifications may subject you to civil liability for damages.
To materialize our vision of a 360° holistic analysis, the technical architecture of Caloritrack is designed to integrate, synchronize, and ingest data through advanced Application Programming Interfaces (APIs) provided by leading technological platforms and health ecosystems in the market, fundamentally Apple Health (Apple HealthKit) and the Garmin Connect ecosystem (Garmin Health API).
The development of Caloritrack represents a monumental investment of time, intellectual capital, scientific research, and programming. The entire architecture, relational data model, logical structure, user interfaces (UI), user journeys and experiences (UX journeys), curated databases, the complete source code, object code (developed and compiled using technologies such as Swift for iOS environments, PHP, and CSS frameworks like Tailwind for internal portals), the nominative and unnamed commercial brand “Caloritrack”, all associated logos, representative color palettes (trade dress), proprietary icons, custom graphics created by our visual team, animations, video sequences, audio files (including the original Soundhealing frequencies) and, most especially, the procedural logic and conversational algorithm that gives personality to the AI Coach (Kai), are and will remain at all times the exclusive, internationally protected and registered property of KAI STUDIOS, S.A.S. and/or its legitimate licensors.
Our intellectual property is heavily protected by federal copyright laws, trademark laws, patent laws, international treaties of the World Intellectual Property Organization (WIPO), and trade secret legislations worldwide.
Granting of Strict, Personal, and Revocable License: Subject to strict, continuous, and verifiable compliance with each and every one of the Terms described herein, and conditioned on the timely payment of subscription fees when applicable, KAI STUDIOS, S.A.S. grants you solely and exclusively a personal, worldwide, limited, non-exclusive, non-sublicensable, non-transferable, and fully revocable license at any time, to download, install, execute, and use the Caloritrack App on devices that you legitimately own or control, for purely personal, private, and strictly non-commercial purposes. This license does not constitute a sale of the software. We reserve all rights not expressly granted to you in this document.
Restrictions on Use of Intellectual Property: Under this license, you are strictly and expressly prohibited from: (a) copying, reproducing, modifying, creating derivative works, adapting, translating, or attempting to alter any part of the App or its content; (b) decompiling, reverse engineering, disassembling, or attempting to decipher or derive the source code, underlying ideas, algorithms, or the secret structure of the Caloritrack database; (c) selling, reselling, leasing, renting, lending, licensing, sublicensing, distributing, assigning, or commercially exploiting the App in any way for the benefit of third parties; (d) using automated data scraping software (“web scraping”), network spiders, bots, or any other extractive technological method to capture, mass download, or index the information, food database, or the content of our blog articles and App; (e) removing, altering, obscuring, or attempting to hide any copyright notice, trademark, watermark, or other proprietary rights notices embedded in the App or in the contents generated by it.
To sustain our server infrastructure-intensive operation, pay salaries to an elite team, maintain the development of new features, and, most importantly, fulfill our promise not to resort to the mercantile sale of your health data, Caloritrack operates under a direct, ethical, transparent monetization model based on the value delivered to the end-user.
Caloritrack is offered in the application market under an initial free distribution model (“freemium”), which allows downloading the App at no cost. Depending on current campaigns, we may offer an introductory model that includes a temporary free trial (e.g., a 14-day free trial period with unrestricted and full access to “Premium” features, including the AI Coach and advanced data cross-referencing functionalities). It is the user’s responsibility to be aware of the start and end of said period. Once the introductory free trial period has concluded, or in the case of functionalities locked behind a paywall, continuing full use of the advanced services will obligatorily require transitioning to a recurring paid subscription model. KAI STUDIOS, S.A.S. offers various flexible subscription plans to fit the user’s needs, commonly structured in monthly, semi-annual, or annual billing cycles.
The Caloritrack application is developed, optimized, and is exclusively for use, at this stage, within the hardware and software environment of the iOS ecosystem (encompassing cross-compatibility with iPhone, Apple Watch, Apple TV). By requirement of developer distribution contracts and due to the technological and security architecture imposed by said platform, the user acknowledges, accepts, and submits to the irrefutable condition that each and every commercial transaction, initial subscription charge, automatic renewal cycle, payment method processing, and collection is managed, authorized, and processed solely, exclusively, and centrally through the Apple App Store electronic commerce system, which is linked directly to your personal Apple ID account. KAI STUDIOS, S.A.S., as an external developer, never requests, processes, touches, transmits, views, or stores the sensitive data of your credit card, debit number, CVV code, PayPal information, or banking information of any kind. All transaction security is provided by Apple.
In accordance with industry rules established by Apple for In-App Purchases (IAP), all Caloritrack subscriptions will be configured by default for automatic renewal. Your associated Apple ID account will be charged for the renewal of the next service cycle within 24 hours prior to the end of the current subscription period, maintaining the same cost and frequency as the original contracted plan, unless the developer has notified a price change in advance. To avoid the automatic charge for the next billing period, you must obligatorily deactivate the automatic renewal feature at least 24 hours before the current cycle expires. Deleting the App from your iPhone’s home screen does not cancel the subscription on Apple’s servers. The user must navigate to the Settings of their iOS device > [User Name / Apple ID] > Subscriptions, to manage or cancel the recurrence.
Due to the “walled garden” nature of the Apple ecosystem, and since our company lacks any administrator access or privileges over Apple’s transactional payment system or your virtual wallet, KAI STUDIOS, S.A.S. declares that it is technically, operationally, and legally unable and blocked from issuing direct refunds, card credits, or applying chargebacks in favor of any user. Any financial dispute, complaint about duplicate charges, late subscription cancellation, dissatisfaction with the service, or formal request for a partial or total refund must be initiated and managed by the user directly and exclusively with Apple’s billing support department (via reportaproblem.apple.com), and the ruling on such dispute will be governed strictly and solely by the terms of the End User License Agreement (EULA), the discretionary return policy, and the general Terms and Conditions specific to the Apple App Store.
With the strategic objective of providing continuous product improvement, guaranteeing compatibility with new versions of operating systems, and in comprehensive sync with our advanced agile software engineering methodologies (including our structured work cycles known internally as “Weekly Scrumban,” continuous QA flows, and our “Release Thursday” package procedures), the App will be updated periodically remotely and automatedly through the official App Store distribution channels.
KAI STUDIOS, S.A.S. reserves the unconditional, unilateral right at any time, without incurring any legal or compensatory liability toward the user, to modify, alter the user interface (UI), add, restructure, temporarily suspend, or permanently remove specific functionalities, content modules, or complete algorithms of the App. These actions may be taken in order to resolve code defects (“bugs” and zero-day patches), execute scheduled technical debt payments, redesign and improve the general user experience, or to ensure mandatory compliance with new laws, applicable health regulations, or mandates from changes in App Store policies. Furthermore, the user explicitly acknowledges and accepts that continuity, 100% uptime, and perpetual availability of the service are not guaranteed under any concept. The App’s cloud infrastructure, the internal administration portal, and external APIs may experience unforeseen network interruptions, uncalculated server load spikes, malicious cyberattacks, or unscheduled technical maintenance periods that render the App totally or partially unusable for indefinite periods of time.
We understand with utmost gravity that protecting your health and your personal information is our most sacred fiduciary obligation of trust. Therefore, we have designed, implemented, and rigorously maintain a comprehensive information security program and bank- and corporate-grade deep cybersecurity measures to prevent loss, misuse, disclosure, accidental or intentional unauthorized access, or the destructive alteration of your confidential information:
The comprehensive and deeply physiological nature of Caloritrack’s functionalities requires total mental and physical maturity on the part of the user. Consequently, access, account creation, downloading the App, using the AI tools, and consuming the content of our service are strictly, categorically, and exclusively restricted to persons over 18 years of age (or the higher age that determines legal majority for entering into binding contracts and handling health data in their respective and specific legal, state, or national jurisdiction of residence).
The complex biological processes documented, the rigor demanded by meticulous nutritional tracking, the application of antinutrient thresholds, autonomic alteration techniques via breathing, predictive algorithms based on healthy adult bodies, and very particularly, the extreme physiological demands of caloric restriction practices and prolonged fasting, are not suitable, are potentially destructive, dangerous, and are contraindicated under medical consensus for bodies in active stages of accelerated cellular growth, bone maturation, hormonal peaks typical of puberty, or adolescent neural development.
KAI STUDIOS, S.A.S. does not request, knowingly collect, or deliberately process sensitive health information, names, email addresses, or other personal data from minors. If we acquire reliable knowledge, whether through community reporting, legal notification from parents or legal guardians with parental authority, or through age verification methods on the platform or clear systemic indications, that a user under the established minimum age has falsified their birth date and bypassed our initial registration controls, we will take immediate drastic action. We will proceed with the definitive suspension, unilateral and irrevocable cancellation of the offending account, and we will proceed without further delay to the destructive, complete, and permanent deletion of all their records from the database hosted on our servers, in rigorous compliance with global online child protection regulations, such as the Children’s Online Privacy Protection Act (COPPA) in the United States and equivalent legislations in the rest of the world. Parents or guardians who suspect their minor child has created an unauthorized account must immediately notify our compliance office via the address [email protected] providing the details of the account in question for its prompt and absolute purging.
We recognize, respect, and proactively defend your total and absolute sovereignty over the biological, health, and behavioral information you generate while using our services. Caloritrack and the entire operation of KAI STUDIOS, S.A.S. have been structured and designed to fully, robustly, and transparently comply with the spirit and letter of the regulatory framework of the General Data Protection Regulation of the European Union (GDPR), the Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP) of Mexico, their respective secondary regulations, and concordant regulations in other jurisdictions, granting you as the data subject the following inalienable rights and fundamental prerogatives over your digital footprint:
15.1. Voluntary Right of Deletion:
You, in your capacity as the sovereign owner of your personal data, retain the inalienable and imprescriptible right to request the deletion of your user account in the CaloriTrack application at any time and for any reason you deem appropriate, without the need for prior justification to KAI STUDIOS, S.A.S.. This procedure is definitive and entails the total loss of access to the Health, Nutrition, Fasting, Wellness, Community pillars, and the AI Coach (Kai) immediately.
15.2. Technical-Legal Execution Mechanism:
To ensure the integrity of the process and comply with international data protection regulations (including but not limited to the LFPDPPP in Mexico and the GDPR in the European Union), CaloriTrack employs a staggered and strictly audited deletion protocol:
15.3. Absolute Scope of Sensitive Health Data Deletion:
You expressly acknowledge, understand, and accept without objection that the conclusion of your account deletion implies the total suppression of your digital clinical history within the App’s ecosystem. This encompasses, including but not limited to, the eradication of Heart Rate Variability (HRV) logs, detailed sleep architecture metrics, longitudinal prolonged fasting logs, mathematical analyses of antinutrient thresholds, daily habit logs, and any text interaction, archetype analysis, or biofeedback previously originated with the AI Coach (Kai). Once the Definitive Purge Phase (Layer 3) is completed, this information is totally and absolutely irretrievable by any technological means. KAI STUDIOS, S.A.S. assumes no liability for the definitive loss of historical data that the user has not manually exported and backed up previously using the export and portability tools (ARCO rights) provided by the platform prior to initiating the deletion protocol.
15.4. Mandatory Exceptions to Immediate Deletion:
The Company transparently declares and reserves the inalienable legal right to temporarily retain certain specific data subsets, even after a formal deletion request, solely and exclusively under the following exceptional and mandatory circumstances of public order:
15.5. Critical Notice Regarding the Cancellation of Third-Party Platform Subscriptions (Apple App Store):
It is the exclusive, personal, and critical responsibility of the user to fully understand that the activation of the account deletion procedure within the CaloriTrack application and the subsequent material uninstallation of the application from their iOS device DOES NOT AUTOMATICALLY CANCEL OR STOP paid subscriptions and recurring renewals that have been previously managed through the Apple App Store billing ecosystem. Because financial processing is handled externally and “blindly” by Apple Inc., the user has the non-delegable obligation to manage, stop, or cancel the financial recurrence of their billing plan directly by navigating in the native settings of their Apple ID, with the objective of avoiding unwanted charges to their credit or debit cards subsequent to the logical deletion of their account on our platform. KAI STUDIOS, S.A.S. is exempt from any refund for charges originated by the user’s omission of this step.
Recognizing the extremely personal and intimate nature of the bodily and psychological data you entrust to Caloritrack, KAI STUDIOS, S.A.S. maintains and reaffirms a firm, unwavering, and non-negotiable ethical commitment that the user experience within the App will not be prostituted, interrupted, commercially manipulated, or saturated with stimuli extraneous to its foundational purpose of personal improvement. The user accepts the use of the App under the following explicit guarantees:
We DO NOT operate and DO NOT allow the deployment of external programmatic advertising networks, we DO NOT insert or tolerate annoying display advertising banners (such as ads inserted by Google AdMob, Facebook Audience Network, or Unity Ads), we DO NOT enable covert trackers (third-party tracking pixels) designed by global marketing analytics agencies, and under no circumstances, neither economic nor corporate, do we profit by structuring, profiling, or commercializing segmentations of your clinical behavior to show you targeted ads on screen attempting to sell you physical goods, subscriptions to external services, medications, miracle fast weight-loss supplements, or sports equipment from brands not organically affiliated with us.
The constant and secure flow of communication that the App generates to your registered email and the internal automatic App notifications (Push Notifications) will be centered, dedicated, and focused solely, exclusively, and transparently on operational communications, updates to legal terms, scientific information for your enrichment, summaries of your account progress, or campaigns strictly relating to our internal growth and loyalty functionalities (Growth strategies focused purely on the intrinsic characteristics of the Caloritrack service) to foster and promote the genuine expansion of our own community base.
THIS SECTION CONSTITUTES A FUNDAMENTAL LEGAL SHIELD THAT ALLOCATES THE RISKS DERIVED FROM THE USE OF A MASSIVE TECHNOLOGICAL TOOL. IT APPLIES TO THE MAXIMUM EXTENT AND UP TO THE BORDERLINE LIMIT PERMITTED BY APPLICABLE DOCTRINES AND LEGISLATIONS GLOBALLY (INCLUDING COMMON LAW AND ROMANO-GERMANIC CIVIL LAW JURISDICTIONS).
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR DOWNLOAD, CONFIGURATION, SYNCHRONIZATION, AND SUSTAINED USE OF THE APPLICATION, ITS SERVICES, ITS ARTIFICIAL INTELLIGENCE FUNCTIONALITIES (“KAI”), THE ARTICLE REPOSITORY, THE RECIPE BOOK, AND THE PREDICTIVE ALGORITHMS, IS AT YOUR OWN, VOLUNTARY, INFORMED, AND EXCLUSIVE PERSONAL RISK. THE CALORITRACK SERVICES AND PLATFORM ARE PROVIDED STRICTLY AND ABSOLUTELY “AS IS”, “WHERE IS”, “WITH ALL FAULTS” EVIDENT OR LATENT, AND “AS AVAILABLE” SUBJECT TO SERVER TECHNICAL AVAILABILITY.
KAI STUDIOS, S.A.S. EXPLICITLY DISCLAIMS AND DISAVOWS ANY AND ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY NATURE, WHETHER MANIFEST AND EXPRESS, IMPLIED, LEGAL, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FULL FITNESS FOR A PARTICULAR AND SPECIFIC USER PURPOSE, QUIET AND PEACEFUL ENJOYMENT OF THE SOFTWARE, ACCURACY OF INGESTED OR CALCULATED DATA (INCLUDING METABOLIC AND ANTINUTRIENT CALCULATIONS), AND THE WARRANTY OF NON-INFRINGEMENT OF FUNDAMENTAL RIGHTS AND THIRD-PARTY RIGHTS.
KAI STUDIOS, S.A.S., ITS PARENT ENTITIES, SUBSIDIARIES, AFFILIATED COMPANIES, INVESTOR SHAREHOLDERS, FOUNDERS, EXECUTIVE MANAGEMENT, PRODUCT MANAGERS, SOFTWARE ENGINEERS, COMMUNITY MODERATORS, STAFF EMPLOYEES, INDEPENDENT CONTRACTORS, AND STRATEGIC PARTNERS ABSOLUTELY DO NOT GUARANTEE THAT (I) THE SERVICES, METHODOLOGIES, OR RESPONSES OF THE AI COACH WILL MEET YOUR PERSONAL, CLINICAL, OR EMOTIONAL EXPECTATIONS; (II) THE SERVICE WILL BE COMPLETELY UNINTERRUPTED, TIMELY, RELIABLE, SECURE, OR TOTALLY FREE FROM COMPUTER ERRORS; (III) ANY CODE ERROR OR DEFECT IN THE SOFTWARE WILL BE OBLIGATORILY CORRECTED; OR (IV) THAT THE SERVERS HOSTING OUR PLATFORM WILL BE PERMANENTLY FREE OF VIRUSES, TROJAN HORSES, RANSOMWARE, OR OTHER MALICIOUS COMPONENTS DESPITE THE RIGOROUS SECURITY MEASURES IMPLEMENTED.
UNDER NO THEORETICAL CIRCUMSTANCE OR LEGAL DOCTRINE — WHETHER BASED ON CONTRACTUAL LIABILITY, EXTRA-CONTRACTUAL LIABILITY, PROFESSIONAL NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHER EQUITABLE CAUSE OF ACTION — SHALL KAI STUDIOS, S.A.S., OR ANY OF ITS ASSOCIATED PARTIES AND EMPLOYEES, BE LIABLE TO YOU OR TO ANY THIRD PARTY OR RELATIVE FOR THOSE DAMAGES, PREJUDICES, OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT AND INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. THIS INCLUDES, BY WAY OF ENUNCIATION BUT BY NO MEANS LIMITATION, AND DESPITE HAVING RECEIVED NOTIFICATION OF THE POSSIBILITY OF SUCH EVENTS, DAMAGES OR PREJUDICES CAUSED BY, OR DUE TO: (A) PHYSICAL OR PERSONAL INJURIES, DISABILITY, SUDDEN AGGRAVATION OF UNDERLYING PATHOLOGIES, OR UNEXPECTED DEATH; (B) CATASTROPHIC LOSS OF ECONOMIC PROFITS, EXPECTED REVENUES, LOSS OF GOODWILL, UTILITY, ENJOYMENT OF LIFE; (C) DESTRUCTION, PARTIAL OR TOTAL CORRUPTION, AND LOSS OF THE USER’S PERSONAL DATA HOSTED IN THE CLOUD; (D) ACUTE MENTAL ANGUISH, EMOTIONAL STRESS, OR PSYCHOLOGICAL HARM; ALL OF THIS RESULTING FROM THE CONTINUED USE OR THE TEMPORARY OR PERMANENT INABILITY TO USE THE APPLICATION, ITS ESTIMATIVE DIAGNOSTIC ALGORITHMS, OR THE RESPONSES, ASSERTIONS, OR OMISSIONS MADE BY THE AI COACH AND THE COMMUNITY. IN JURISDICTIONS WHERE THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED (SUCH AS THE STATE OF NEW JERSEY IN THE U.S. OR EU COUNTRIES), THE TOTAL AND CUMULATIVE LIABILITY OF THE COMPANY SHALL BE STRICTLY AND AGGRESSIVELY LIMITED AND CAPPED AT THE GREATER AMOUNT BETWEEN (1) THE EXACT MONETARY SUM THAT THE USER HAS PAID DIRECTLY TO KAI STUDIOS, S.A.S. (VIA APPLE) FOR THE USE OF THE APPLICATION DURING THE LAST THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT, ACT, OR OMISSION GIVING RISE TO THE LIABILITY CLAIM, OR (2) THE AMOUNT EQUIVALENT TO TWENTY US DOLLARS ($20.00 USD) AS SOLE COMPENSATION.
The user understands the immense personal responsibility involved in managing their own health. Therefore, by using the application, you irrevocably agree to aggressively defend, indemnify, and hold completely and absolutely harmless KAI STUDIOS, S.A.S., its original founders, its shareholders, boards of directors, authorized legal representatives, code engineers, operational employees, outsourced contractors, advertising agents, legal assignees, and affiliated technological providers, from and against any and all out-of-court claims, denunciations, authority summonses, civil litigation, lawsuits, legal proceedings of any kind or in any forum, and the derived obligations, provable damages, property losses, costs, legal liabilities, administrative fines, documented debts, and financial expenses (including, primarily and without limitation, exorbitant fees and reasonable and customary costs of attorneys, law firms, and expert witness fees) that result, arise directly or indirectly, or are in any way connected and linked to the following fatal or culpable scenarios: (i) inappropriate, negligent, bad faith use, and abusive access to the App by you or a third party under your authorized session; (ii) intentional, accidental, or systematic transgression and violation of any of the provisions, clauses, restrictions, or guarantees documented within the extent of these Terms and Conditions or the linked Privacy Policy; (iii) the atrocious and direct violation of any right of a community user or unregistered third party, including without limitation, the violation of inalienable rights to bodily privacy, secrecy of communications, personal public image, defamation, honor, third-party patents, international commercial trademarks, or the publication of material protected by intellectual property rights, copyright, and authorship rights in any of our forums and community boards; or (iv) in a notably reiterated manner, any collateral dispute over physical health damages or metabolic state directly derived from the negligent and blind interpretation of the platform’s information, reckless metric tracking, imposition of severe food consumption restrictions, fasting through dehydration and voluntary starvation, ignoring and subverting the numerous medical warnings and disclaimers emphatically laid out herein.
Given the critical nature of maintaining a safe community and safeguarding the proprietary assets of KAI STUDIOS, S.A.S., the company reserves the contractual, sovereign, and unreserved right to exercise severe disciplinary powers should it deem it appropriate or imperative. We may suspend access preventively, deactivate logins, or outright rescind, definitively terminate, and delete your user account (including the unbacked purge of data in that same account and related database) at any instant, without formal prior notice, without a corrective grace period, and without assuming any liability for the loss of information towards you, toward Apple, or toward any third party, if our automated systems, human forum moderators, or compliance executives detect, logically infer, or suspect—foundedly or unfoundedly—that you have incurred a substantial material breach of any article of these Terms (emphasizing and paying special attention to violations typified in the strict Community behavioral rules, publication of harmful UGC, or repetitive violations of DMCA prohibitions).
Immediately after such cancellation or prolonged suspension is made effective and technically executed by our administration portal, your conditional right to interact with, enjoy the benefits of, and use the client platforms and cloud architecture of the App will cease immediately and permanently with no guaranteed right of appeal.
Legal Survival of Key Obligations: Upon the extinction of this contract, whether by unilateral termination by the company, voluntary deactivation on your part and request for ARCO deletion, or automatic deletion of an account due to long-term inactivity (36 months), and despite the physical or logical dismantling of the software on your electronic device, the core legal sections that constitute the security barrier of this pact will endure in their own nature and will retain full validity indefinitely through time. Specifically, the comprehensive provisions and extensive clauses related to the Technological Limitations of Artificial Intelligence (and the hallucinations of the AI Coach Kai), the Company’s Intellectual Property Rights over the Databases, the Exhaustive Disclaimers of Medical Liability and the exculpatory limitations for Death or Injuries, the clause on Quantified Limitation of General Liability, the Universal Obligation of Defensive Indemnification toward KAI STUDIOS S.A.S., and the final statutory provisions relating to Geographical Jurisdiction of Compliance, the Class Action Waiver, and the Staggered Binding Arbitration Dispute Resolution Clause (Section 20), shall remain fully in force, shall enjoy full vigor, and shall be binding and enforceable against you or against the heirs of your posthumous estate without any expiration date following the factual termination of this agreement.
PLEASE READ THIS SECTION WITH THE UTMOST ATTENTION AND DETAIL, AS IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN A COURT OF LAW AND TO HAVE YOUR CLAIMS HEARD BY A JUDGE OR JURY. BY USING CALORITRACK, ITS ASSOCIATED SERVICES, CONNECTED DEVICES, THE WEBSITE, OR BY INTERACTING WITH THE “KAI COACH”, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED EACH AND EVERY ONE OF THE TERMS STIPULATED IN THIS DISPUTE RESOLUTION SECTION WITHOUT ANY RESERVATION.
Recognizing that KAI STUDIOS, S.A.S. is a corporate entity legally incorporated under the laws of the United Mexican States, but simultaneously offers its software services to a global and international user base, the applicability of laws and jurisdiction for resolving any dispute will be determined strictly, exclusively, and in a staggered manner according to the legal, physical, and demonstrable residence of the user at the time of acceptance of these Terms, under the following two exclusive pathways:
A) FOR USERS RESIDING OUTSIDE THE UNITED MEXICAN STATES (E.g., United States, Canada, European Union, Rest of the World): Regardless of your place of residence, physical domicile, IP address from which you access the application, or the location of the servers where your data is processed, the entirety of these Terms and Conditions, as well as any extra-contractual relationship, dispute, claim, controversy, or cause of action arising from or related to your use of CaloriTrack, its design, architecture, bioanalysis functions, blog content, nutritional interpretations, or wellness practices, shall be governed solely, exclusively, and exhaustively by the laws of the State of Delaware, United States of America, expressly excluding the application of any principle or rule of conflict of laws (whether of the State of Delaware or any other jurisdiction) that could lead to the application of the laws of a different jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
B) FOR USERS RESIDING IN THE UNITED MEXICAN STATES: For the strict purpose of fully complying with the Federal Consumer Protection Law (LFPC) and the regulations imposed by the Federal Consumer Prosecutor’s Office (PROFECO), if you are a user whose legal and habitual residence is within the territory of the United Mexican States, the entirety of these Terms and any legal or technical dispute arising from the use of Caloritrack shall be interpreted, governed, and executed in accordance with the substantive and procedural laws currently in force at the federal level in the United Mexican States. For these users residing in Mexico, the parties submit irrevocably to the exclusive competence and jurisdiction of the competent courts and administrative authorities located in Mexico City (CDMX) or alternatively in the incorporating jurisdiction of KAI STUDIOS, S.A.S. (State of Quintana Roo), expressly and irrevocably waiving any other jurisdiction or venue that might correspond to them by reason of their present or future domiciles, or the geographical location of their mobile devices.
For those users classified under paragraph “A” of Section 20.2 (Residents outside Mexico), the parties (you as the “User” and we as “CaloriTrack” or the “Company”) irrevocably and mutually agree that any dispute, claim, controversy, lawsuit, or cause of action arising, directly or indirectly, from these Terms and Conditions, the Privacy Policy, the use of the CaloriTrack application, the health and wellness recommendations provided by the platform, the integration with third-party platforms (such as Apple HealthKit or Garmin Connect), or any aspect of the relationship between you and the Company (hereinafter, collectively, the “Dispute”), shall be resolved exclusively and finally through binding and confidential arbitration, rather than in courts of general jurisdiction. You and CaloriTrack expressly waive the constitutional and statutory right to go to court and to have a trial before a judge or jury. All arbitration will be conducted strictly on an individual basis; class arbitrations and class actions are not permitted under any circumstances.
Before initiating any formal arbitration proceeding (via Delaware) or jurisdictional litigation (via Mexico), the party intending to bring a claim must notify the other party in writing of the Dispute with a minimum of sixty (60) days’ notice. Said notification (the “Notice of Dispute”) must be sent to CaloriTrack by certified mail with return receipt requested to our corporate headquarters in Mexico and, obligatorily and simultaneously, a digital copy to the Legal Department via email ([email protected]). The Notice of Dispute must contain in a detailed and mandatory manner: (a) the full name, physical address, email address linked to the CaloriTrack account, and telephone number of the claimant; (b) a factual, exhaustive, and detailed description of the nature and the legal and material bases of the claim; (c) the documentary evidence supporting said claim; and (d) the specific economic compensation or equitable remedy sought. During the sixty (60) day period following the receipt of the Notice of Dispute, the parties commit to negotiating in good faith in an effort to resolve the dispute informally. If the parties fail to reach a binding agreement within this timeframe, either party may formally initiate the appropriate legal proceeding according to their staggered jurisdiction.
Any arbitration originating under this section (for non-resident users of Mexico) will be administered solely and exclusively by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes in effect at the time the arbitration request is filed, except to the extent that such rules directly conflict with these Terms and Conditions, in which case the provisions stipulated in this document shall absolutely prevail. The arbitrator will be a professional licensed to practice law in the State of Delaware with a demonstrable minimum experience of ten (10) years in technology law, data privacy, or health software regulations. The entire procedure will unavoidably be conducted in the English language.
The arbitration will be conducted virtually or documentarily for claims under $10,000 USD (Ten thousand United States dollars). For claims exceeding that amount, the physical seat of the arbitration, should an in-person hearing be required, will be New Castle County, Delaware, United States of America, unless both parties expressly agree in writing to a different location. The arbitrator shall have exclusive, absolute, and overriding authority to resolve any controversy relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any assertion that all or any part of this Agreement is void, voidable, or unenforceable. The award issued by the arbitrator will be written, reasoned, and final, of an international nature under the New York Convention, and may be entered as a final judgment in any court of competent jurisdiction for its subsequent global execution.
YOU AND CALORITRACK EXPRESSLY AND IRREVOCABLY AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN THEIR INDIVIDUAL CAPACITY. UNDER NO CIRCUMSTANCES MAY ONE BRING OR PARTICIPATE IN A CLAIM AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS, CONSOLIDATED, REPRESENTATIVE, OR CLASS ACTION PROCEEDING. THE ARBITRATOR OR JUDGE (DEPENDING ON THE JURISDICTION) LACKS ALL AUTHORITY TO CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON, AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF A COMPETENT COURT WERE TO DETERMINE THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE WITH RESPECT TO A SPECIFIC CLAIM, THEN SUCH CLAIM MUST BE SEVERED FROM THE ARBITRATION AND PROCEED IN A JUDICIAL COURT, WHILE ALL OTHER CLAIMS SHALL REMAIN SUBJECT TO BINDING ARBITRATION OR INDIVIDUAL LITIGATION.
The payment of all filing, administration, and arbitrator or court fees will be governed strictly by AAA rules or applicable procedural laws. However, if the arbitrator or judge determines, in their sole technical and legal discretion, that the claim you have filed is frivolous, lacks substantive legal merit, was brought for the purpose of commercial harassment, or was filed without rigorously adhering to the mandatory pre-arbitration informal resolution procedure detailed in Section 20.4, CaloriTrack reserves the absolute, aggressive, and inalienable right to seek full reimbursement for all costs, administrative fees, arbitrator fees, and the reasonable fees of our external attorneys, to the maximum extent permitted by applicable law.
As the sole and exclusive exception to the preceding jurisdictional and arbitration mandates, CaloriTrack retains the inalienable, perpetual, and non-negotiable right to seek relief in any competent state or federal court located in the State of Delaware, in Mexico City, or in any other global jurisdiction where factually necessary, for the sole and urgent purpose of seeking injunctive relief, court orders, Cease and Desist orders, or other temporary or permanent equitable remedies, to prevent, halt, or punish the misuse, infringement, misappropriation, or real or imminent violation of intellectual property rights, copyrights, trademarks, trade secrets (including, prominently and without limitation, the communication and adaptation methodology of our AI Coach “Kai” and the circadian rhythm correlation algorithm), or malicious attacks on the Company’s technological infrastructure, without the need to post any bond, without demonstrating prior monetary damages, or exhausting the lengthy informal dispute resolution procedure detailed in this document.
If any court, arbitrator, or administrative authority with competent jurisdiction (whether in Mexico, the United States, or internationally) determines that any provision, clause, sentence, or word of this extensive Dispute Resolution Section is illegal, void, invalid, or unenforceable for any reason under applicable imperative law, that specific provision will be deemed severable and surgically excised from this document. The excision of such eradicated provision shall not affect in any way the validity, legality, evidentiary weight, and enforceability of the remaining provisions of this Section or of the Terms and Conditions in their entirety, which will continue in full force and coercive legal effect. This massive Dispute Resolution section shall irremediably survive the termination of your account, the material uninstallation of the CaloriTrack application from your device, data deletion requests, and the conclusion of any service or subscription temporarily provided by the Company.
Although our mobile App does not allow the deployment of invasive advertising pixels, the robust and modern infrastructure of our main website (the portal for desktop computers and mobile browsers at caloritrack.com), the EULA financial management portals, the core of the Scientific Authority Blog, and the internal administration and scaling portals do employ and constantly apply cutting-edge, strictly functional technical tracking cryptographic technologies and general network analysis tools (globally known as modern HTTP “Cookies”, web beacons, or “Web Beacons”). The purpose of these technologies embedded in our domain, unlike other networks, is to secure essential and innocuous metrics regarding load times and stability.
Additionally, and as a safeguard against aggressive botnets on the internet, we necessarily employ the essential services and infrastructures provided by global Content Delivery Networks (CDN) and network firewalls (Web Application Firewalls or WAF), operated primarily by companies like Cloudflare, Fastly, or similar (external providers subject to their strict but independent policies). The widespread use of this parallel network across our public web pages is unavoidable and indispensable to successfully repel cybercriminal attacks, such as massive Distributed Denial of Service (DDoS) attacks against our bandwidth, mitigate threats via traffic header inspection crossing the globe attempting to access internal database engines, route navigation traffic and download requests exceptionally efficiently to the nearest regional data centers, minimize undesired latency of the global internet protocol, and ultimately, proactively guarantee the full online availability of the technological platform for the service of international subscribers across all global latitudes and markets.
The simple technical act of use, superficial browsing, or continued incognito browsing throughout our public domain, and any HTTP query to or from our servers or resources hosted by these Delivery Networks, automatically implies de facto your absolute and tacit consent, without the right to subsequent formal objection, for the active placement of these routing cookies and the constant defensive work of these blind security and network performance inspection beacons. We declare under the gravity of fiduciary and corporate oath that all technical cookies referred to herein never snoop, stealthily collect, associate, or gather complex internal stored medical histories, diagnoses, and ailments, nor do they link them to the information base of the native mobile App itself, which is hermetically installed on the user’s Apple devices, or to any sensitive data strongly safeguarded by our internal database provider.
This dense electronic agreement peremptorily and de facto constitutes the final, indivisible understanding and the maximum consolidation of any and all understandings or total documented agreements or good faith pacts between you (the natural person) and us (the Mexican commercial corporation), superseding and immediately replacing any ephemeral oral representation, any minor written exchange, previous advertising brochure, or sales offer. Furthermore, apart from the stipulated forum questions, in the highly remote event that any injunction magistrate or civil judge in the course of a local jurisdiction court or a final and independent commercial arbitration panel determines, in light of a local or federal law, that any particular clause, a long paragraph of the contract, or even a single simple subsection within these copious Terms—regardless of its original length or the subject of the ruled exemption—is totally unenforceable in practice, or more gravely, is sentenced and classified civilly or criminally as a term declared “null and void as a matter of law”, abusive, legally unenforceable, in conflict with welfare laws, and therefore flagrantly unconstitutional under the prevailing protective regime, said proscribed stipulation shall be judicially or conventionally isolated and immediately modified with the sole demanding condition that such transformation, purge, or amputation be carried out surgically and strictly to the minimum and most imperceptible extent theoretically necessary to render it legally valid and capable of being applicable to the original spirit and ultimate goal of liability limitation of KAI STUDIOS, S.A.S., offering legal protection against the general scenario.
Under the ironclad commercial and technical doctrine of the “Severability of stipulations” (also sometimes referred to as the Severance Doctrine or Severability clause of high-technology online contracts), the judicial amputation or selective rescission of that null contractual piece shall under no circumstance, under no conception, and without exception in the legal market, cause the collapse, nor remotely infect or affect the enforceability and overriding evidentiary value of the entire remaining main body of the downloaded document. All other massive provisions, accessory forecasts, peremptory clauses, and sections in lowercase or uppercase of this master contract shall remain unblemished, fully protected, and shall subsist in full, constant, and total coercive vigor, substantial validity, and imperative contractual effect for the residual life of this legal treaty in perpetuity against the original offending subscriber thereof.
To culminate the fundamental rights disquisitions regarding generalities of licensed software use and the constant maintenance of peaceful commercial and social equilibrium within a contract of adhesion like this binding instrument, both parties accept and explicitly agree, without mediating future objection of consent defects, that the simple systematic fact that the legal directors or general proxies of KAI STUDIOS, S.A.S. are operationally tolerant or do not exercise relentless imposition, nor interpose their prerogative, nor imperatively demand, nor request through the court the strict, continuous, and unrestricted compliance in a timely manner by the client of all or any particular right of supervision, economic prerogative, or severe provision of expulsion or software restriction rigorously contained, typified, enumerated, implicitly outlined, or described in detail throughout the encrypted articles in these massive Terms; shall in no way constitute, tacitly nor expressly, nor before the Mexican commercial arbitration chambers or North American courts, in any way, nor under consumer law or others, a permanent factual ceding of such power, nor shall it temporarily prescribe the inalienable corporate right, nor serve as reliable evidence under the procedural figure of “Estoppel” of the systematic waiver or deliberate corporate forgetting to demand said legal right due to future contrary acts, or of a prolonged yielding of a specific demand to a written provision or prohibition to act or sanction at a future time for faults committed and not reported opportunely, hereafter known in the formal corporate lexicon as the “Strict Clause of Non-Waiver due to inaction by the Software Development Owner of its own legal prerogative” (generalized non-waiver clause of rights due to non-application or passive leniency regarding the grievance of the other party).
Given that the unexplored, dynamic, and disruptive biotechnological landscape, the incessant framework of medical-legal regulatory demands in expanding international areas in biohacking and, notably, the computing ecosystems and jurisprudence intimately related to the massive and unprecedented deployment of interactive use of modern software engines due to the global general accelerated growth and inevitable use of advanced algorithmic tools with unpredictable probabilistic behavior—or as we have previously described here, the daily interactive human social interaction with complex and vast Natural Neural Networks and Large Language Models, popularly called Artificial General Intelligence in tech journals, and its interconnective derivatives of deep databases like those we use or iterate weekly with our users—advance rapidly upon bases not definitively regulated nor totally consensually agreed upon constantly, dizzily, and with a relentless rate of transformation month by month, and facing the potential for uninterrupted corporate expansion; the corporate governance of the Mexican top management or the general corporate assembly owning the constitutive totality of the commercial company named in the tax registries of the SAT of the United Mexican States as KAI STUDIOS, S.A.S. de C.V. or Simplified Joint Stock Company or other fiscal regime of incorporation; as sole final administrator, original owner, and absolute indisputable creator of the compiled computing software, repeatedly described herein throughout this present online contract; on its own behalf and by exclusive absolute right assisting its private entity owning the immaterial asset and licensee of its intellectual right in the applicable territory, formally arrogates with the present online publication the perennial legal prerogative and proactive reservation of the inalienable, immovable, non-transferable, and irreducible right at its exclusive, free, and sovereign corporate discretion to review fundamentally, carry out purges of previous content, incorporate new paragraphs of extra regulation, or to modify, fully amend without hesitation in depth the legal language with counsel from the pertinent external and international legal profession to rewrite and even drastically replace and entirely substitute the total form of the present text of this large foundational volume of the aforementioned operational Terms enshrined herein and the adjoining Policy in all its points at the administrators’ discretion without being subject to civil or judicial censure, and with the absolute freedom to carry out and schedule such unilateral renewals or severe protective redrafting at any instant, business or holiday date, without obligation to mediate and yield direct cause to the public, and based on internal macro and micro-political business changes without being obliged to provide motives or assembly consultations before regular users, members, minor developers, or casual or long-term direct holders of the subscription model payment.
If, under the conservative risk premise by corporate dictate concerning us directly regarding usage liability on public open-network screens for downloads, a comprehensive internal review of the wording throughout the pages results or represents that it is legally “material”, of utmost importance, and inherently contains a possible change, depletion, reduction of guarantees, or theoretically results in direct detriment to your general privacy requirements in favor of commercial changes regarding the application (in other words, if the modifications plainly represent a deprivation to your detriment of the navigation prerogatives you enjoyed in monthly use prior to the systemic readjustment and operational patches in the store managed by international third parties), in those severe scenarios of a material nature regarding the reduction of general and functional privacy scope for your individual profile as a client or visitor of our global commercial ecosystem, then the Mexican Corporation and the human team in the geographical liability framework under privacy law applicable to Latin America, to fulfill a minimum transparent requirement, we will diligently provide as a strict corporate deference, an alert email via the internal base, or where applicable with identical binding legal impact but more securely within the code, a deployment of an obligatory, pop-up static warning screen or an obligatory or summary visible banner notification that overrides other utilities within the very same main front interface or primary Dashboard of the source code running natively on the initial integrated screens of the digital App, at least and unalterably requiring in the internal procedure that it occurs in advance of the actual event with a minimum of at least fifteen (15) consecutive full natural days counted retrospectively and of total explicit anticipation just prior to materializing and becoming formally operational or making definitive legal way to the unrestricted entry into general official force of the renewed, revised, reformed, or restructured new formal version and of the new and restrictive terms of the digital contracts to move forward. To protect the companies and with no margin for evidentiary misunderstandings regarding future interpretations in cyberspace forums concerning your will after being duly provided and notified digitally or personally of the imminent or actual technical adjustment by valid means in the interconnected online universe or telematically on the local intranet, your conscious, deliberate, and informed decision or omission of the refusal button, the presumptive silence, and the inaction, and in no lesser way the direct, consequent, free, and positive express act on your part and doing through daily uninterrupted and persistent interaction and the regular, sporadic, or scheduled tactile opening of the front-end system of the installed App after or once the specific fixed date of implementation, release of the official version to the real international production environment, and unquestionable technical legally imposed entry into force of the contractual agreement has firmly and indubitably passed, regardless of the client version or your operating system for said announced final day subsequent to your notice, tacitly and legally ratifies at once and for full retroactive and ex-nunc effects the iuris tantum presumption of conformity before the Judge, solidifying as a consummated fact of irrevocably continued use, which unquestionably validates the document as a ratified contract or adhered to with legal force in cybernetic matters, the free consent by conduct for your irrevocable affirmative personal acceptance in conjunction of your entire electronic or physical equivalent signature of total unconditional compliance or acceptance in all its explicit words before us, the distributors of the App Store making up the primary channel, or any conciliation court, without further proof of the total ratification and solemn confirmation of the user to all underlying paragraphs and indications, and of unshakeable integral compliance of the entire body of reciprocal obligations in writing of that new, imposed, and final stricter version of the grand operational contract of the software uploaded to the remote server.
For purposes of legal validity in its entire procedural amplitude demanded by modern procedural law concerning interjurisdictional computer litigation across the length and breadth of the American continent, with the strict purpose of unifying binding informative channels within the corporation by mandate of senior management government, or for the indubitable receipt under acknowledgment of any and all formal notifications of legal origin with evidentiary weight of validity (forced subpoenas, court petitions, and cross-border notifications from foreign service dependencies), as well as the exhaustive personal or tutelary exercise of the claim and formal diligence referring to the rigorous interposition of the inalienable and non-transferable personal requirement related to complex statutory rights such as Access, Rectification, Cancellation, or Opposition procedures (commonly grouped as formal procedural written requests with copy of identity ARCO) in safeguarding and compliance with the broad European Regulation (GDPR of Brussels) or in the central country of incorporation via the strict Mexican secondary legislation and the corresponding agencies of the official institute INAI under the LFPDPPP, which cannot be derived, the exhaustive presentation of intricate, rigorously structured, and detailed particular interpretive doubts coming from lay users or extensive required guidance of a theoretical nature derived about the reading and systematic interrelation or apparent formal ambiguities that you in your inner forum might misinterpret in relation to the hermeneutic glossary or restrictive and coercive application of these massive and elaborate clauses in general or annexes, the mandatory early extra-judicial resolution facing clashes over blocked refunds, and preponderantly fundamental the receipt of those serious notifications related to presumed facts and materially signed and incontestable detailed notices on infringements of the copyright regime and Intellectual Property or peremptory notifications called procedural Cease and Desist notice types and Takedown Notices minutes unavoidably grounded under the Law and technical safe harbor provisions provided globally in the commands of the statutory subsections that configure in American law the extensive Digital Millennium Copyright Act (DMCA doctrine) or its corresponding equals of the public formal registry in the geography and continental Latin American and Spanish-speaking territory, without exceptions; it is clearly and ostensibly declared and informed to clients and the global public network cybernaut and interested third entities that the only (there being no other applicable secondary annex), exclusive, ideal, and totally excluding primary communicational channel and server email permanently enabled by strict mandate for documented reception and validated acknowledgment recognized with the rank and status of immovable legal validity before an authorized public notary, proactively validated under civil procedural evidentiary technical faith, maintained and internally monitored as an exclusive official channel by the specialized and certified directives and the external firm in charge of the centralized general department of Privacy, Corporate Criminal Affairs, and Regulatory Compliance, is the sole official general telematic inbox of the following network domain (central electronic legal inbox) with no tolerance for typographical errors, the sending to which the client fully assumes, namely in the specification below: