1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Lively Graphics, LLC ("Company," "we," "us," or "our") governing your access to and use of the Calimento mobile application, including all related features, content, and services (collectively, the "App").

These Terms incorporate by reference our Privacy Policy, which is available within the App and on our website. Your continued use of the App following any modification to these Terms constitutes acceptance of those modifications.

The App is distributed through Apple's App Store. You acknowledge that these Terms are entered into solely between you and Lively Graphics, LLC, and not with Apple, Inc. Apple is not a party to these Terms and bears no responsibility for the App or its content.

2. Eligibility

The App is intended for users who are at least thirteen (13) years of age. By using the App, you represent and warrant that you meet this age requirement. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

The App is not directed to children under 13. We do not knowingly collect personal information from children under 13 in violation of the Children's Online Privacy Protection Act (COPPA). If we discover that a child under 13 has provided us with personal information, we will delete that information promptly.

3. Account Registration and Security

To access certain features of the App, you may be required to create a user account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to protect your account information.

4. Auto-Renewing Subscription Terms

4.1 Subscription Plans and Pricing

After your initial 30-day no-cost access period (described in Section 4.5), continued access to Calimento's premium features requires an active paid subscription. The current subscription pricing is $3.99 per month, billed monthly through Apple In-App Purchase. Specific subscription tiers, features, and any future pricing changes are described within the App and are subject to change in accordance with Section 4.6.

4.2 Billing and Payment

Payment Authorization: Payment will be charged to your Apple ID account at the time of purchase confirmation. By initiating a purchase, you authorize Apple to charge the applicable subscription fee to the payment method associated with your Apple ID.

4.3 Automatic Renewal

IMPORTANT: Your subscription automatically renews at the end of each subscription period on a monthly basis at the then-current subscription price, unless you cancel at least 24 hours before the end of the current subscription period. Renewal charges will be applied to your Apple ID account within 24 hours prior to the end of the current period.

4.4 Managing and Canceling Your Subscription

You may manage and cancel your subscription at any time through your Apple Account Settings:

1. On your iPhone or iPad, open the Settings app.
2. Tap your name at the top, then tap Subscriptions.
3. Select Calimento and tap Cancel Subscription.

You may also manage your subscriptions by visiting your Apple ID account page at appleid.apple.com. Cancellation takes effect at the end of the current billing period; you will retain access to premium features until that date. We do not issue refunds for partial subscription periods.

4.5 30-Day No-Cost Access Period

New Calimento users receive 30 days of full App access at no charge (the "No-Cost Period"), beginning on the date of account creation. This allows you to explore all premium features before a subscription charge is applied.

Important — Apple Terminology: The No-Cost Period is a developer-managed access period tracked in Calimento's backend systems. It is not an Apple-managed Introductory Offer administered through Apple's StoreKit framework. Accordingly, the No-Cost Period will be described in the App and in App Store marketing materials as "30 days free, then $3.99/month" rather than as a "free trial," which Apple reserves for its own Introductory Offer mechanism.

Conversion to paid subscription: At the end of the No-Cost Period, if you have not canceled your account, you will be prompted within the App to subscribe at $3.99/month via Apple In-App Purchase. Subscription charges will not be applied automatically at the end of the No-Cost Period without your affirmative subscription action — you must actively initiate the paid subscription to continue access after the No-Cost Period ends.

Cancellation during the No-Cost Period: You may close your Calimento account at any time during the No-Cost Period at no cost. No subscription is active and no charge will be applied. To close your account, navigate to Settings > Account > Delete Account within the App, or contact us at admin@livelygraphics.com.

4.6 Price Changes

We reserve the right to adjust subscription pricing. You will be notified of any price changes in advance and in accordance with applicable law. Continued use of the App after a price change takes effect constitutes your acceptance of the new pricing.

4.7 Refunds

All subscription payments are processed by Apple. Refund requests are governed by Apple's refund policies and must be directed to Apple. Lively Graphics, LLC has no authority to issue refunds for App Store purchases.

5. User-Generated Content Policy

5.1 Definition of User-Generated Content

"User-Generated Content" or "UGC" refers to any content that you create, upload, submit, store, send, receive, or share through the App, including but not limited to: recipe text, ingredients, instructions, photographs, images of recipe cards, personal notes, comments, and profile information.

5.2 Your License to Us

By submitting UGC through the App, you grant Lively Graphics, LLC a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for the purposes of operating, maintaining, and improving the App. You retain all ownership rights in your UGC.

5.3 Your Representations and Warranties

By submitting UGC, you represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions to submit the UGC and to grant the license set forth in Section 5.2.
• Your UGC does not infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
• Your UGC does not violate these Terms, our content standards set forth below, or any applicable law or regulation.

5.4 Prohibited Content — Zero Tolerance Policy

Zero Tolerance: Calimento maintains a zero-tolerance policy for objectionable content and abusive user behavior. You agree that you will NOT submit, post, upload, share, or otherwise make available any UGC that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, or tortious;
• Is obscene, pornographic, or sexually explicit;
• Promotes violence, hatred, discrimination, or bigotry based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic;
• Is designed to harass, bully, stalk, or intimidate any individual;
• Constitutes spam, unsolicited advertising, or promotional materials;
• Contains viruses, malware, or other harmful code;
• Impersonates any person or entity or misrepresents your affiliation with any person or entity;
• Violates the privacy of others, including unauthorized disclosure of personally identifiable information;
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any third party; or
• Violates any applicable law, regulation, or these Terms.

5.5 Content Moderation and Enforcement

We reserve the right, but are not obligated, to review, monitor, and moderate UGC at any time. In our sole discretion, we reserve the right to:

• Remove or refuse to display any UGC that we determine violates these Terms or that we find objectionable for any reason;
• Restrict, suspend, or permanently terminate a User's account for any violation of these Terms, including submission of objectionable content, abusive behavior toward other users or staff, or repeated violations;
• Report any UGC or user behavior to law enforcement authorities where we believe it may constitute a criminal offense or pose a risk of harm to any person; and
• Cooperate with law enforcement agencies in any investigation of illegal activity involving the App.

Account termination may be immediate and without prior notice in cases of severe violations, including but not limited to illegal content, threats of violence, or child exploitation material. We are not liable for any loss or damage arising from enforcement actions taken pursuant to these Terms.

5.6 Reporting Objectionable Content

If you encounter content within the App that you believe is objectionable, abusive, or in violation of these Terms, please report it immediately using the in-app reporting feature or by contacting us at admin@livelygraphics.com. We are committed to reviewing all reports and taking appropriate action in a timely manner.

6. AI Features and Data Processing Disclosure

6.1 AI Vision Recipe Scanner

Calimento includes an artificial intelligence feature called "AI Vision" (the "AI Scanner"), which allows users to photograph or upload images of physical recipe cards, handwritten notes, cookbook pages, or other recipe-containing documents. The AI Scanner uses machine learning optical character recognition (OCR) technology to extract, transcribe, and structure the textual content from those images into digital recipe format within the App.

6.2 Third-Party AI Processing — Anthropic

BY USING THE AI SCANNER FEATURE, YOU EXPRESSLY ACKNOWLEDGE, CONSENT TO, AND AGREE THAT:

• Images you submit through the AI Scanner are transmitted over the internet and processed by Anthropic, PBC ("Anthropic"), an artificial intelligence company, pursuant to their applicable terms of service and privacy policy;
• Anthropic's AI models (including Claude) analyze the content of your submitted images to perform text extraction and recipe parsing;
• Lively Graphics, LLC does not control Anthropic's data handling, processing, retention, or security practices, and we expressly disclaim any liability arising from Anthropic's processing of your data;
• You should not submit images containing sensitive personal information, financial data, government identification, medical records, or other confidential information that you do not wish to be processed by third-party AI services;
• The AI Scanner feature is provided for convenience only and may not achieve perfect accuracy. You are solely responsible for reviewing and verifying all extracted content before saving it to your recipe collection; and
• Your use of the AI Scanner constitutes your acknowledgment that you have read and agreed to Anthropic's Terms of Service, available at https://www.anthropic.com/legal/consumer-terms.

6.3 Intellectual Property of Scanned Content

You represent and warrant that you have the legal right to scan and digitize any recipe card, book page, or document submitted through the AI Scanner feature. You acknowledge that recipes may be protected by copyright law, and you are solely responsible for ensuring your use of any digitized content complies with all applicable intellectual property laws.

6.4 Other AI-Powered Features

The App may include additional AI-powered features such as personalized recipe recommendations, nutritional analysis, or ingredient substitution suggestions. These features may similarly rely on third-party AI service providers. Where such features are offered, we will provide appropriate disclosure within the App's feature description or settings menu.

6.5 Data Security

We implement commercially reasonable administrative, technical, and physical security measures designed to protect the information you provide. However, no internet transmission or electronic storage method is 100% secure. We cannot guarantee the absolute security of data transmitted to or from the App, and we disclaim liability for unauthorized access that occurs despite our reasonable security measures.

7. Intellectual Property Rights

7.1 Our Proprietary Rights

The App and all of its content, features, and functionality — including but not limited to the software code, user interface design, graphics, icons, logos, text, and the Calimento name and mark — are the exclusive property of Lively Graphics, LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

7.2 Limited License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable, personal license to download and install the App on Apple-branded devices that you own or control, and to use the App solely for your own personal, non-commercial purposes. This license does not include any right to: (a) modify, adapt, translate, or create derivative works of the App; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the App; (c) sublicense, sell, rent, lease, transfer, or otherwise exploit the App; or (d) remove, alter, or obscure any proprietary notices on the App.

7.3 Apple Platform Rules

Your license to use the App is further limited to use on Apple-branded products, and is conditioned on your compliance with the Apple Media Services Terms and Conditions. Apple has no obligation to provide any maintenance or support services for the App.

8. Prohibited Uses

You agree that you will not use the App to:

• Access, tamper with, or use non-public areas of the App, our computer systems, or the technical delivery systems of our providers;
• Probe, scan, or test the vulnerability of the App or any related system or network, or breach any security or authentication measures;
• Access or search the App by any means other than through our officially supported interfaces;
• Send any unsolicited commercial communications;
• Attempt to interfere with or compromise the system integrity or security of the App;
• Collect or harvest any personally identifiable information from the App;
• Violate any applicable law or regulation; or
• Assist, encourage, or enable any other party in doing any of the foregoing.

9. Disclaimer of Warranties

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OBTAINED THROUGH THE APP, INCLUDING AI-GENERATED OR AI-EXTRACTED CONTENT; AND
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE APP, INCLUDING NUTRITIONAL INFORMATION OR RECIPE RECOMMENDATIONS.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

10. Limitation of Liability

• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APP;
• THE CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP, INCLUDING OTHER USERS;
• ANY CONTENT OBTAINED FROM THE APP, INCLUDING UGC OR AI-PROCESSED CONTENT;
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR
• ANY SUBSCRIPTION FEES CHARGED OR BILLING ERRORS, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LIVELY GRAPHICS, LLC. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless Lively Graphics, LLC and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your access to or use of the App;
• Your violation of any provision of these Terms;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any UGC you submit, post, or transmit through the App; or
• Your use of the AI Scanner feature with content you did not have the right to scan or process.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

12. Third-Party Services and Links

The App may integrate with, link to, or utilize third-party services, including but not limited to Anthropic's AI services. Your use of such third-party services is governed by the applicable third-party terms and privacy policies. Lively Graphics, LLC is not responsible for the content, practices, or policies of any third-party service.

Apple, Inc. is a third-party beneficiary of these Terms with respect to the license granted herein, and Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the App shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles, except to the extent that such laws are preempted by applicable federal law.

13.2 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute by contacting us at admin@livelygraphics.com and providing a written description of the dispute. We agree to attempt to resolve the dispute through good-faith negotiation within 30 days of receiving your written notice.

13.3 Binding Arbitration

If informal resolution fails, all disputes, controversies, or claims arising out of or relating to these Terms or the App shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action. You and Lively Graphics, LLC expressly waive any right to a jury trial.

13.4 Class Action Waiver

13.5 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

13.6 Venue

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in King County, Washington.

14. Termination

We reserve the right to suspend or terminate your account and access to the App at any time, with or without cause, and with or without notice, in our sole discretion. Grounds for termination include, without limitation, violation of these Terms, submission of objectionable content, abusive behavior, or any conduct we determine to be harmful to other users or the App.

Upon termination: (a) your license to use the App immediately ceases; (b) we may delete your account and UGC; (c) all provisions of these Terms that by their nature should survive termination shall survive, including Sections 5.2, 7, 9, 10, 11, 13, and this Section 14.

15. Modifications to These Terms

We reserve the right to modify these Terms at any time. When we do, we will update the Effective Date at the top of this document and, for material changes, we will provide notice through the App or by other means. Your continued use of the App after any modifications to these Terms constitutes your acceptance of the updated Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lively Graphics, LLC with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

16.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

No waiver by Lively Graphics, LLC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction. These Terms shall be binding on and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.

16.5 Export Compliance

You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable export control laws and regulations.

16.6 Electronic Communications

By using the App, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. Contact Information

If you have any questions, concerns, or complaints about these Terms or the App, please contact us at: