Terms of Service

Welcome to TotalCarb ("TotalCarb", "we", "us", "our"). By creating an account and selecting "I Agree," you confirm you have read and accept these Terms and enter into a binding agreement with us.

What TotalCarb is. TotalCarb is a software application that uses artificial intelligence to estimate approximate total carbohydrate values from user-submitted photos and/or voice input. TotalCarb is provided for informational and wellness purposes only. It is not a medical device, medical service, or diagnostic tool, and it has not been reviewed or approved by Health Canada or any other regulatory authority. All outputs are AI-generated estimates that may be significantly inaccurate. You acknowledge that TotalCarb does not provide medical advice, diagnosis, or treatment, and must not be used as the sole basis for insulin dosing or any other medical decision. Always confirm carbohydrate counts and any medication decisions with your qualified healthcare provider. If you are experiencing a medical emergency, contact your local emergency services immediately.

Eligibility and child profiles. You must be at least 18 years of age to create a TotalCarb account. By creating an account you confirm you are 18 or older. If you create child profiles within the App for minors in your care, you confirm that you are the parent or legal guardian of those minors, that you accept these Terms on their behalf, and that you take full responsibility for all use of the App in connection with those child profiles. TotalCarb is not responsible for any use of child profiles by minors without proper parental or guardian supervision.

Acceptable use. You agree to use TotalCarb at your sole risk. You must not misuse the service, including by: using it for any unlawful purpose; engaging in fraud, spam, or abuse; infringing the intellectual property rights of others; attempting to interfere with the security or integrity of the service (including malware, probing, or scraping); or reverse engineering, reselling, or redistributing the service. You are responsible for the accuracy of the information you provide and for maintaining the confidentiality of your account credentials.

Intellectual property. All software, content, branding, and documentation associated with TotalCarb remain our exclusive property. You are granted a limited, non-exclusive, non-transferable right to use TotalCarb in accordance with your selected plan. We do not guarantee that the service will be uninterrupted or error-free, and we disclaim all implied warranties to the fullest extent permitted by law.

Payments. Subscription payments are processed and sold by Paddle.com Market Ltd ("Paddle"), our authorized reseller and Merchant of Record. Paddle handles checkout, billing, invoicing, tax collection and remittance, and refunds on our behalf. By subscribing, you authorize Paddle to charge your payment method on a recurring basis according to your selected plan (monthly or yearly) until you cancel. Subscriptions renew automatically at the end of each billing period at the then-current rate. You can cancel anytime from your account; cancellation takes effect at the end of the current paid period. Applicable taxes are calculated and added at checkout by Paddle. Your purchase is also subject to Paddle's Buyer Terms at paddle.com/legal/checkout-buyer-terms. See our Refund Policy for refund terms.

Suspension and termination. We may suspend or terminate your access at any time for material breach of these Terms, non-payment, suspected fraud or security risk, or repeated or serious policy violations.

Limitation of liability. To the maximum extent permitted by law, our aggregate liability arising out of or relating to these Terms is limited to the fees you paid in the twelve months preceding the claim. We are not liable for any indirect, consequential, special, or incidental damages. This limitation applies to all claims whether based in contract, tort, statute, or any other legal theory, including any claim arising from inaccurate carbohydrate estimates or reliance on App outputs for medical decisions.

Indemnification. You agree to indemnify, defend, and hold harmless us, our officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to your use of TotalCarb, your violation of these Terms, or your violation of any applicable law or the rights of any third party.

Dispute resolution. Before initiating any legal proceedings, you agree to first contact us at support@totalcarb.ca and attempt to resolve any dispute informally for a period of at least 30 days. If the dispute cannot be resolved informally, it shall be resolved by binding arbitration in Ontario, Canada, under the rules of ADR Chambers, rather than in court, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction where necessary to protect intellectual property or confidential information.

Force majeure. We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including failures of third-party services such as Supabase, Google, Paddle, or any AI inference provider.

Governing law. These Terms are governed by the laws of Ontario, Canada. For material changes to these Terms, we will notify you within the App and require your acknowledgment before continued use. For non-material changes, continued use constitutes acceptance.

TotalCarb is a service operated by Retro Signs & Design, the legal entity behind this App. References to "we", "us", and "our" in these Terms refer to Retro Signs & Design, trading as TotalCarb.