Dalia Terms of Service

Table of contents

1. Acceptance, eligibility, and legal capacity
2. Description of the Service
3. Critical medical notice
4. User account and authentication
5. Subscriptions, payments, and in-app purchases
6. Use license
7. Your content
8. Generative artificial intelligence
9. Third-party integrations
10. Limitation of liability
11. Indemnification
12. Termination
13. Modifications to the Terms
14. Governing law and dispute resolution
15. Final provisions and Apple clauses
16. Contact

1. Acceptance, eligibility, and legal capacity

1.1 Acceptance

You accept these Terms when installing the app and confirming them during the onboarding flow through an active mechanism (checkbox or equivalent). Acceptance is recorded with your anonymous identifier, the version accepted, and the server timestamp.

1.2 Minimum age

• You must be at least 18 years old to use Dalia autonomously
• Adolescents between 13 and 17 years may use Dalia with documented consent from their parent or legal guardian (see Privacy Policy section 11)
• Minors under 13 may not use Dalia under any circumstances

Some jurisdictions define different digital majority ages (for example, 14 in Spain and Italy, 16 in Germany). We apply the most protective applicable age for your location.

1.3 Legal capacity

You represent that you have the legal capacity to enter this agreement in your jurisdiction and that you are not prevented by law, court order, or sanction from using the Service.

1.4 If you act on behalf of another person

If you accept these Terms on behalf of another person (for example, as guardian of a minor), you represent that you have legal authority to do so and accept that the person will be bound by these Terms as if they had signed them directly.

2. Description of the Service

Dalia is an iOS mobile application that combines manual logging, integration with Apple HealthKit and compatible continuous glucose monitoring (CGM) devices, and AI-assisted analysis to offer:

• Meal logging with nutritional analysis and estimated glycemic load
• Tracking of glucose, insulin, and exercise
• Daily narrated insights about metabolic patterns
• Time-in-range (TIR), variability, and aggregation metrics
• Adherence challenges and progress tracking
• Visualization of the metabolic impact of intake throughout the day

Dalia is an educational and self-tracking tool. AI features invoke Google Cloud Vertex AI (Gemini model) and xAI (Grok model) under the consent model described in the Privacy Policy.

2.1 What Dalia is NOT

• Not a medical device as defined by FDA, CE Mark, COFEPRIS, ANMAT, ANVISA, TGA, or equivalents
• Not a telemedicine platform
• Does not prescribe medication, doses, or interventions
• Does not diagnose medical conditions
• Does not replace the treating medical team
• Does not send critical real-time alerts (it is not a continuous safety monitoring system)

The full detail is in the Medical Disclaimer: https://www.usedalia.com/en/medical-disclaimer.

2.2 Availability and evolution

The scope of features may evolve. Cavexo reserves the right to add, modify, or discontinue features, notifying you when changes are material. Features specifically guaranteed during the period of your Premium subscription are described in section 5.

3. Critical medical notice

⚠️ DALIA IS NOT A MEDICAL DEVICE. IT DOES NOT DIAGNOSE, TREAT, PREVENT, OR CURE ANY DISEASE. IT DOES NOT REPLACE YOUR DOCTOR'S CLINICAL JUDGMENT. DECISIONS ABOUT TREATMENT, INSULIN DOSING, MEDICATION, DIET, OR PHYSICAL ACTIVITY MUST BE MADE WITH YOUR MEDICAL TEAM AND NOT BASED EXCLUSIVELY ON THE INFORMATION IN THE APP.

3.1 Golden rules

You agree and commit to respecting these rules while using Dalia:

1. Never modify your medication, insulin doses, meal plan, or exercise regimen based solely on what Dalia shows. Consult your treating physician first.
2. In acute hypoglycemia or hyperglycemia, follow your medical plan and call emergency services. Do not wait for app confirmation.
3. If you are pregnant, breastfeeding, or your child has diabetes, you require continuous medical supervision. Dalia does not replace that supervision.
4. AI estimates may contain errors ("hallucinations"). Always verify values before making decisions.

3.2 Regulatory status

Dalia does not have regulatory authorization or certification as a medical device or clinical software (FDA SaMD, CE Mark MDR, COFEPRIS, ANMAT, ANVISA, ARTG TGA, or others). Any clinical, diagnostic, or therapeutic use is outside the authorized scope of the app.

3.3 Express acknowledgment

By accepting these Terms you confirm that you have read the full Medical Disclaimer at https://www.usedalia.com/en/medical-disclaimer and that you understand and accept the limitations of the Service.

4. User account and authentication

4.1 Anonymous model

Dalia uses anonymous authentication based on a universal unique identifier (UUID) generated on your device on first use. We do not ask for email, password, phone number, or social network linking.

4.2 Loss or change of device

Since there are no credentials to recover, if you change devices or uninstall the app without exporting your data, the local data will be permanently lost. We recommend exporting periodically from Settings → Data → Export.

Cavexo has no technical capacity to recover data lost due to uninstallation, device change, hardware failure, incomplete iCloud restore, or any other circumstance affecting local storage.

4.3 Account deletion

You can delete your anonymous account and all associated data at any time from Settings → Privacy and security → Delete data. The deletion is irreversible.

4.4 One person, one device

Dalia's anonymous account is personal and non-transferable. You cannot share credentials (there are none), but you also cannot transfer the use of your account to third parties as if it were theirs. The app is intended for individual use.

5. Subscriptions, payments, and in-app purchases

5.1 Monetization model

Dalia offers a free version with substantial functionality and an optional Premium ("Dalia Pro") subscription that unlocks advanced features. The exact description of features included at each tier is shown on the in-app paywall.

5.2 Processing through Apple

All subscriptions are processed through Apple's In-App Purchase (StoreKit) system. Apple is the registered merchant of the transaction and applies its own billing, refund, and tax policies.

• The prices shown in the app are those authorized by Apple for your region
• Cavexo does not directly receive your payment information
• Apple manages all aspects of billing

5.3 Auto-renewal

• Subscriptions automatically renew at the end of each period (monthly or annual, depending on the plan chosen)
• The charge is made within the 24 hours prior to the end of the current period
• The price for the next period may match that of the previous period or, if Apple/Cavexo notify a change with the required notice, be adjusted in accordance with Apple guideline 3.1.2

5.4 Cancellation

• You can cancel your subscription at any time from iOS Settings → [your name] → Subscriptions → Dalia Pro
• The cancellation must be made at least 24 hours before the end of the current period to avoid the next charge
• After cancelling, you keep Premium access until the end of the already-paid period
• We do not issue refunds for partial periods already started, except where local legislation requires it (for example, the 14-day right of withdrawal in the EU)

5.5 Refunds

App Store purchase refunds are managed directly by Apple via https://reportaproblem.apple.com. Cavexo cannot issue refunds on its own, but you can contact us at support@usedalia.com and we will help you navigate the process with Apple when applicable.

5.6 Price changes

• Material price changes are notified at least 30 days in advance in the app and through Apple's channels
• If you do not accept the new price, your subscription will not auto-renew
• Legacy subscribers: users with prior active subscriptions will keep their price as long as there is no service interruption, in accordance with Apple's policy

5.7 Premium features

The exact scope of features included in Dalia Pro may evolve. We guarantee that features in effect at the time of your subscription will remain available during the paid period. If we remove a key feature, we will notify you and, when materially significant, offer reasonable options (extension of the period, prorated refund managed by Apple, etc.).

5.8 Compliance with Apple guideline 3.1.2

We comply with App Store guideline 3.1.2: any substantial change in the Terms relating to subscriptions requires re-acceptance within the app and active subscribers retain access to already-acquired premium content during the applicable period.

5.9 Restore Purchases

The app includes the "Restore Purchases" functionality accessible from the paywall and from Settings. Use it if you reinstall the app or change devices (with the same Apple ID) to restore your Premium subscription.

5.10 Promotional codes and free trial

Cavexo may offer promotional codes, free trial periods, or special offers. These are subject to their own specific terms, which will be published in each case. The free trial, if applicable, will automatically convert to a paid subscription at the end unless you cancel beforehand.

6. Use license

6.1 Grant

Cavexo grants you a personal, non-transferable, non-exclusive, revocable, and limited license to install and use Dalia on Apple-branded devices owned or controlled by you, in accordance with the Apple Standard EULA and these Terms.

6.2 Restrictions

You may not:

• Sublicense, sell, rent, transfer, or redistribute the app
• Reverse engineer, decompile, disassemble, or attempt to extract the source code, except to the extent strictly permitted by mandatory law
• Modify, adapt, translate, or create derivative works of the app
• Remove copyright notices, trademarks, or credits
• Use the app to build a competing service or product
• Access Dalia's backend through unofficial channels (scraping, automation, protocol reverse engineering, quota abuse)
• Use Vertex AI or xAI APIs through Dalia for processing unrelated to your personal use of the Service
• Use the app to violate local or international laws, or third-party rights
• Use bots, crawlers, scripts, or automated tools to interact with the Service
• Upload or transmit content that is illegal, infringes third-party rights, or seeks to harm Cavexo, its users, or its providers

6.3 Intellectual property

All rights to Dalia (code, design, editorial content, brand, logos, AI prompts, local scoring models, graphic mascots, visual system) are the property of Cavexo or its licensors. The above license does not transfer any property right.

6.4 Trademarks

"Dalia" and associated logos are trademarks (registered or pending) of Cavexo LLC. The following trademarks belong to their respective owners and are mentioned only for identification purposes:

• Apple, iOS, iPhone, iPad, Apple Health, App Store, StoreKit — Apple Inc.
• Gemini, Vertex AI, Google Cloud — Google LLC
• Grok — X.AI Corp.
• LibreView, FreeStyle Libre — Abbott Diabetes Care, Inc.
• Nightscout — community open-source project
• Open Food Facts — Open Food Facts Foundation

6.5 Feedback

If you send us suggestions, comments, ideas, or improvement proposals ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use the Feedback for any purpose, without obligation of compensation, attribution, or confidentiality. You are not required to send us Feedback, but if you do, these conditions apply.

7. Your content

7.1 Ownership

The food photos you take, the records you enter, the notes, and other content you generate in Dalia are yours.

7.2 License you grant us

For the app to work, you grant us a limited, non-exclusive, worldwide, royalty-free license, for as long as you use the Service, to:

• Store your content on your device (Core Data) and, when applicable, in our backend
• Process it locally (glycemic load algorithms, smoothing, aggregations)
• Transmit it to AI providers described in the Privacy Policy when you request analysis and have granted consent
• Display it back to you

7.3 What we do NOT do with your content

• We do not claim training rights over your photos or data
• We do not sell your content to third parties
• We do not publish your content
• We do not use it to build our own public AI models
• We do not combine it with external databases to build marketing profiles

7.4 Deletion

When you delete your account or your content, we retroactively withdraw the license (as far as future use is concerned). The deletion of copies at AI providers is subject to the terms of each provider (see Privacy Policy section 5).

7.5 Backup

Your content lives mainly on your device. Cavexo does not provide automatic cloud backups of your content (it's a deliberate privacy decision). We recommend:

• Enable iCloud Backup on your iPhone (Apple encrypts the backups)
• Export periodically from Settings → Data → Export

8. Generative artificial intelligence: limitations and acceptance

8.1 Nature of the models

Dalia invokes large language and vision models:

• Google Cloud Vertex AI (Gemini) for multimodal analysis of food photos
• xAI Grok for daily narrative generation

These models:

• Produce probabilistic estimates, not exact measurements
• May make mistakes or generate inaccurate content ("hallucinations")
• May interpret images differently than a human expert
• Do not have access to your full medical history
• Do not know your medication, allergies, or contraindications

8.2 Your responsibility

You accept that AI outputs are educational estimates, not medical advice. You commit to:

• Verify values before making decisions affecting your health
• Not rely exclusively on the app to dose insulin, adjust medication, or make clinical nutritional decisions
• Consult your healthcare professional for all clinical decisions

8.3 No accuracy warranty

Cavexo does not warrant the accuracy, completeness, or adequacy of AI results. Their use is at your own responsibility. This limitation does not exclude mandatory consumer rights in jurisdictions where they apply.

8.4 Granular consent

The use of AI features is subject to your explicit consent, granted on first invocation through a clear modal that names the providers and describes what data is sent. It is revocable at any time from Settings → Privacy and security → AI Analysis, without affecting the rest of the Service.

8.5 AI provider changes

If Cavexo changes or adds AI providers, we will notify you and, if changes are material, we will request fresh consent before processing your data with the new provider.

9. Third-party integrations

9.1 Apple HealthKit

It is a local iOS API managed by Apple. Your permission is granted and revoked in iOS Settings. Dalia only reads data; it never writes to HealthKit nor transmits read data to external servers.

9.2 LibreView (Abbott)

• The integration with LibreView is optional and activated exclusively at your request
• The API used is not officially documented by Abbott Diabetes Care, so availability may cease without notice
• Your credentials (email and password) are stored only encrypted in iOS Keychain and transmitted directly from your device to Abbott's servers
• You are responsible for complying with LibreView/Abbott user terms
• Cavexo does not warrant the continuity of this integration. If Abbott blocks access, we will notify you in the app and you can keep using Dalia with other data sources
• This warning is shown explicitly in the app before asking for credentials

9.3 Nightscout

• Nightscout is an open-source project that you instance yourself on your own infrastructure
• You are responsible for the security and availability of your Nightscout instance
• Dalia connects to the URL and API_SECRET you provide; these credentials are stored encrypted in Keychain
• Cavexo does not warrant the availability of your instance, nor assumes responsibility for its configuration or security

9.4 Open Food Facts

It is a public database. Its use by Dalia is limited to anonymous lookups by barcode. Results may be inaccurate or outdated; verify the package information.

9.5 Provider changes

If a provider changes its terms, pricing policy, or discontinues the service, we may modify or remove the affected functionality, notifying you with the greatest possible notice.

10. Limitation of liability

10.1 Service "AS IS"

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DALIA IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPATIBILITY, OR UNINTERRUPTED AVAILABILITY.

10.2 Exclusion of indirect damages

IN NO EVENT WILL CAVEXO, ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF INCOME, REPUTATIONAL DAMAGE, OR MEDICAL DAMAGE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Quantitative limit

CAVEXO'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE APP WILL BE LIMITED TO THE GREATER OF:

(a) THE TOTAL AMOUNT PAID BY THE USER THROUGH SUBSCRIPTIONS IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR

(b) ONE HUNDRED U.S. DOLLARS (USD 100).

10.4 Mandatory exceptions

Nothing in these Terms limits liability where such limitation is prohibited by mandatory law, including:

• Willful misconduct or gross negligence by Cavexo
• Fraud
• Personal injuries caused by negligence
• Non-waivable consumer rights (for example, legal warranties in the European Union under Directive 2019/770 on the supply of digital content and services)
• Liability for defective products where mandatory law so requires

If your jurisdiction does not allow the exclusion or limitation of damages, the above limitations may not apply to you in their entirety.

10.5 Medical decisions

CAVEXO ASSUMES NO LIABILITY FOR THE MEDICAL, PHYSIOLOGICAL, OR ANY OTHER NATURE OF CONSEQUENCES DERIVED FROM DECISIONS MADE BY THE USER BASED TOTALLY OR PARTIALLY ON THE INFORMATION PROVIDED BY THE APP, INCLUDING AI ESTIMATES, DAILY INSIGHTS, ALERTS, REMINDERS, AND SUGGESTIONS.

10.6 Force majeure

We will not be liable for breaches arising from circumstances beyond our reasonable control, including natural disasters, armed conflicts, internet outages, cloud provider failures, cyberattacks, pandemics, government acts, or sudden regulatory changes.

11. Indemnification

You agree to indemnify and hold harmless Cavexo, its affiliates, directors, employees, and agents from any claim, demand, damage, liability, cost, and expense (including reasonable attorney fees) arising from:

• Your use of Dalia in violation of these Terms
• Your violation of applicable laws
• Your violation of third-party rights
• Medical, financial, or other decisions made based on app information
• Your use of third-party integrations (LibreView, Nightscout) in violation of those providers' terms

This indemnification obligation survives the termination of these Terms.

Cavexo will notify the User in writing of any claim regarding which it intends to invoke this clause and will allow the User to participate reasonably in the defense, without prejudice to Cavexo's authority to manage the defense with counsel of its choice.

12. Termination

12.1 By you

You may terminate this agreement at any time by uninstalling the app and deleting your data from Settings → Privacy and security → Delete data.

12.2 By us

Cavexo may suspend or terminate your access to Dalia, in whole or in part, in the following cases:

• Violation of these Terms
• Fraudulent or abusive use
• Security risks attributable to your account
• Legal requirements or orders from a competent authority
• Service discontinuation (with reasonable prior notice, minimum 30 days unless mandatory cause)

12.3 Effects of termination

Upon termination:

• Your use license is revoked
• Your data will be deleted per section 8 of the Privacy Policy
• The obligations of sections 6.3 (intellectual property), 10 (limitation of liability), 11 (indemnification), 14 (governing law and disputes), and 15 (final provisions) survive termination
• Active Premium subscribers: you will retain the right of data portability (Art. 20 GDPR) during a reasonable transition period even if the Terms change materially and you do not accept the new version

12.4 Effect on subscriptions

If Cavexo terminates your access for a cause not attributable to you (for example, service discontinuation), you will have the right to a prorated refund for the unconsumed time of your Premium subscription, managed through Apple.

13. Modifications to the Terms

13.1 Material changes

• We will notify you in the app at least 30 days in advance
• We will request re-acceptance within the app
• If you do not accept, your access to the Service may be limited or terminated at the end of the notification period, retaining your right of data portability

13.2 Minor changes

Minor changes (corrections, clarifications, contact updates) will take effect from the publication date. It is your responsibility to review periodically.

13.3 Traceability

Version history is kept at https://www.usedalia.com/terms/history.

14. Governing law and dispute resolution

14.1 Governing law

• For residents in the United States, Canada, Latin America, Asia, Africa, and Oceania: these Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules
• For residents in the European Economic Area, United Kingdom, or Switzerland: these Terms are governed by the laws of the State of Delaware, without prejudice to mandatory consumer rights in your country of residence, which will continue to apply

14.2 Forum and dispute resolution

14.2.1 For United States residents

Any dispute, claim, or controversy will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in the State of Delaware, in English. You waive participation in class actions to the extent permitted by law.

Exceptions to arbitration:

• Small-value claims that qualify for small claims court in your locality
• Requests for injunctive relief to protect intellectual property rights or confidential information
• Administrative proceedings before data protection authorities

14.2.2 For European Union, United Kingdom, or Switzerland residents

Any dispute may be brought before the courts of your country of residence or before the Delaware courts, at your election. You have the right to use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/

14.2.3 For residents of other jurisdictions

The mandatory forums and procedures of your jurisdiction apply when your local legislation requires them.

14.3 Time to claim

Any claim you intend to bring against Cavexo must be initiated within one year following the date you became aware or should have become aware of the event giving rise to the claim, unless the mandatory law of your jurisdiction establishes a different period.

14.4 No waiver of mandatory rights

Nothing in this section affects your mandatory consumer rights that cannot be modified by contract.

15. Final provisions and Apple clauses

15.1 Apple as third-party beneficiary

You acknowledge and accept that Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms. Apple, by your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15.2 Acknowledgment regarding Apple

You acknowledge that these Terms are entered into solely between Cavexo and you, and not with Apple. Cavexo, not Apple, is solely responsible for Dalia and its content. Apple has no obligation to provide maintenance or support services for Dalia.

15.3 Warranty claims

In the event of a Dalia failure to comply with any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any). To the maximum extent permitted by law, Apple will have no other warranty obligation regarding Dalia, and any other claim, loss, liability, damage, cost, or expense attributable to the breach of any warranty will be Cavexo's sole responsibility.

15.4 Product claims

Cavexo, not Apple, is responsible for addressing any claim related to Dalia or the User's possession or use of Dalia, including product liability claims, claims that Dalia does not comply with any applicable legal or regulatory requirement, and claims arising from consumer protection laws or similar legislation.

15.5 Intellectual property claims

In the event of third-party claims alleging that Dalia or the User's use infringes intellectual property rights, Cavexo (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of such claims.

15.6 Export compliance

The User represents and warrants that (i) they are not located in a country subject to U.S. government embargo or designated by the U.S. government as a terrorism-supporting country, and (ii) they do not appear on any U.S. government list of prohibited or restricted parties.

15.7 Entire agreement

These Terms, together with the Privacy Policy and the Medical Disclaimer, constitute the complete agreement between you and Cavexo regarding Dalia, and replace any prior verbal or written agreement.

15.8 Severability

If any provision of these Terms is declared invalid or unenforceable, the remaining provisions will remain in full effect.

15.9 No waiver

The fact that Cavexo does not require strict compliance with any right does not constitute a waiver of it.

15.10 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate, successor, or acquirer of the business, notifying you in the app with reasonable prior notice.

15.11 Notifications

Legal notifications to Cavexo must be sent to legal@usedalia.com and to the postal address in section 16. Notifications to you will be made through the app, through the website https://www.usedalia.com, or through any other reasonable means.

15.12 Controlling language

These Terms may be available in several languages. In case of conflict between versions, the Spanish version published at https://www.usedalia.com/es/terms will prevail, except where the imperative law of your jurisdiction requires otherwise.

15.13 Headings

Section headings are included for convenience only and do not affect the interpretation of the provisions.

16. Contact

Cavexo LLC

Website: https://www.usedalia.com Mailing address: [Cavexo LLC address to be completed]

Related documents:

• Privacy Policy: https://www.usedalia.com/en/privacy
• Medical Disclaimer: https://www.usedalia.com/en/medical-disclaimer

These Terms are in effect since May 8, 2026. Version 1.0.0 — Cavexo LLC