Terms of Use

These Terms of Use are an agreement between you and 42pixels FZ-LLC, a company registered in Abu Dhabi, United Arab Emirates, which develops and operates the Biteday app. In these terms, "Biteday", "we" and "us" mean that company. By downloading, installing or using Biteday, you accept these terms. If you do not accept them, do not use Biteday. These terms take effect on 7 November 2026 and replace the terms previously published on the xrlab.ai website.

Our Privacy Policy explains what data Biteday collects and how it is handled.

The service

Biteday is an app for iPhone, listed on the App Store as "Biteday: AI Calorie Counter" (App Store ID 1644637948), formerly called Cal Counter. It estimates the calories, protein, carbs and fats of your meals from a photo or a few words, keeps a log of your meals and weight, and builds daily targets from your answers about yourself and your goals.

To estimate a meal, the app sends the photo or the words to Biteday's backend, where they are processed by the providers named in the Privacy Policy. From version 1.17 the app asks for your permission before the first meal is sent, and it works out your daily targets on your iPhone. Earlier versions also sent your answers to the backend to build your targets. Features vary by device and iOS version, and we may add, change or remove features over time.

Your account

You can start without an account: Biteday creates an anonymous account for your device. Link Apple or Google in Settings to keep your log, weights and plan if you change or reset your phone, and keep access to that account. You can delete your account at any time in Settings. Biteday is not for children under 13, or under 16 where the law sets that age. By using Biteday you confirm that you are old enough.

Acceptable use

Use Biteday only for lawful purposes and in line with these terms. In particular:

• Send only photos and words that are about food and that you have the right to use.
• Do not upload content that is sexual, hateful, harassing or violent, or that shows other people without their permission.
• Do not reverse engineer, decompile or attempt to extract the source code of Biteday, except where the law allows this despite this term.
• Do not access the service with automated tools, go around its limits or interfere with the service, its security or its infrastructure.

We may remove content or stop access for anyone who breaks these rules.

Your content

You own the photos, words and details you bring to Biteday. We do not claim ownership of your content.

So that we can run the service, you grant us a limited, non-exclusive, worldwide, royalty-free license to store, process and transmit your content only as needed to provide Biteday to you. This includes sending your meal photos and words to the providers named in the Privacy Policy so that they can return nutrition estimates, and in versions before 1.17 your setup answers so that they could return your targets. The license ends when you delete the content or your account, subject to the retention periods described in the Privacy Policy.

We do not use your content to train AI models.

Nutrition estimates and health

Biteday's calories, macronutrients and health scores are estimates made automatically by AI models. Your daily targets are estimates from a standard formula (versions before 1.17 used AI models). They can be wrong, for example when a photo hides ingredients, oil or portion sizes, and they can differ each time. Check them and edit any meal before you rely on it.

Biteday is for general wellness. It is not a medical device and does not give medical, nutritional or dietary advice, diagnosis or treatment. Talk to a doctor or a registered dietitian before you change your diet or exercise, especially if you are pregnant or breastfeeding, have or have had an eating disorder, have diabetes or another medical condition, take medication, or are under 18. Do not ignore or delay professional advice because of something you saw in Biteday. If you think you have a medical emergency, call your local emergency number.

Biteday Pro subscription

Biteday Pro unlocks Biteday. What is included, and anything you can use without it, is shown in the app before you buy. Fair-use limits protect the service from abuse.

Biteday Pro is an auto-renewing subscription billed to your Apple Account through the App Store. Apple handles the payment, and we do not receive your payment details.

• Plans and prices. Biteday Pro is offered as weekly, monthly and yearly plans, sometimes with a discount. The plans available to you, their prices in your local currency and the length of any free trial are shown in the app before you buy.
• Payment. Payment is charged to your Apple Account at confirmation of purchase.
• Renewal. The subscription renews automatically unless you cancel it at least 24 hours before the end of the current period. Your account is charged for the renewal within 24 hours before the end of the current period, at the price shown in the app.
• Managing and cancelling. You can manage or cancel the subscription in your App Store subscription settings at https://apps.apple.com/account/subscriptions. Deleting the app or your Biteday account does not cancel the subscription. Cancellation takes effect at the end of the current period, and you keep Biteday Pro until then.
• Free trial. Where a free trial is offered, it converts to a paid subscription at the price shown unless you cancel at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Restore Purchases. If you reinstall Biteday or move to a new device, use Restore Purchases in the app.
• Refunds. Refunds are handled by Apple under the App Store terms. We cannot issue refunds for App Store purchases ourselves.

Apple

Biteday is distributed through the App Store, and Apple requires the following terms.

• These terms are between you and Biteday only, not Apple. Apple is not responsible for Biteday or its content.
• The license we grant you is limited to a non-transferable license to use Biteday on Apple-branded devices that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that Biteday may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where available.
• Biteday, not Apple, is responsible for maintenance and support. Apple has no obligation to provide any maintenance or support for Biteday.
• Biteday is responsible for any product warranties, express or implied, to the extent not disclaimed in these terms. If Biteday fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of Biteday to you. To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are Biteday's responsibility.
• Biteday, not Apple, is responsible for addressing any claims by you or a third party relating to Biteday or your possession or use of it, including product liability claims, claims that Biteday fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar legislation.
• If a third party claims that Biteday or your use of it infringes their intellectual property rights, Biteday, not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.
• You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Our contact details are in the Contact section below.
• You must comply with any third-party terms that apply when you use Biteday, and third-party services used through Biteday are governed by their own terms.
• Apple and Apple's subsidiaries are third-party beneficiaries of these terms. When you accept these terms, Apple has the right, and is deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

Intellectual property

Biteday, including its name, icon, design, text and software, belongs to 42pixels FZ-LLC and is protected by copyright, trade mark and other laws. Subject to these terms, we grant you a personal, limited, non-transferable, revocable license to install and use Biteday on devices you own or control. No other rights are granted.

If you send us ideas, suggestions or other feedback about Biteday, we may use them freely and without any obligation to you.

Termination

You can stop using Biteday at any time. To have your data deleted, see the Privacy Policy. Deleting the app does not cancel your subscription.

We may suspend or end your access to Biteday, or to parts of it, if you break these terms, if the law requires it or if we stop offering the service. Where it is reasonable to do so, we will tell you first so that you can save what matters to you.

Sections that by their nature should survive termination, including Your content, Nutrition estimates and health, Intellectual property, Disclaimers, Limitation of liability and Governing law, survive.

Disclaimers

Biteday is provided "as is" and "as available". To the extent the law allows, we make no warranties of any kind, express or implied, including about merchantability, fitness for a particular purpose, non-infringement, availability or accuracy. We do not guarantee that Biteday will be uninterrupted, error-free or secure, that the AI tools will always be available, or that nutrition estimates will be accurate or suitable for your purpose.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

Limitation of liability

To the extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profits, revenue, data, goodwill or business, arising out of or in connection with Biteday or these terms, whatever the legal basis of the claim, even if we were told that such loss was possible.

To the extent the law allows, our total liability for all claims relating to Biteday or these terms is limited to the amount you paid to Biteday in the 12 months before the event that gave rise to the claim.

Nothing in these terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud, or under mandatory consumer protection rules.

Governing law

These terms are governed by the laws of the United Arab Emirates. Disputes will be brought before the courts of the United Arab Emirates. If you are a consumer, you keep the mandatory protections of the law of the country where you live, and nothing in this section takes away your right to bring a claim in your local courts where that law gives you that right.

Changes to these terms

We may change these terms when Biteday changes or when the law requires it. The date at the top of this page shows when the current version took effect. If a change is significant, we will tell you in the app before it takes effect. If you continue to use Biteday after a change takes effect, you accept the updated terms. If not, stop using Biteday.

Contact

Biteday is developed and operated by 42pixels FZ-LLC, Abu Dhabi, United Arab Emirates. For questions about these terms, email support@42pixels.co. Our Privacy Policy is at /p/biteday/privacy.