Burn Balance — Terms of Use

Last Updated: 26 November 2025

Effective Date: 26 November 2025

These Terms of Use (“Terms”) govern your access to and use of the Burn Balance mobile application, website, and related services (collectively, the “Service”). The Service is provided by XanDune Advisory Pty Ltd (ABN 19 688 949 920) (“Burn Balance”, “we”, “our”, “us”).

These Terms apply to individuals located in Australia and the United States, as well as any user lawfully accessing the Service in these regions.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Eligibility

• You must be at least 13 years old to use the Service.
• If you are under 18, you may use the Service only with the involvement and consent of a parent or legal guardian, who is responsible for your use of the Service.

2. Nature of the Service (Important Health Disclaimer)

Burn Balance is a nutrition, calorie tracking, and wellness application. The Service provides:

• calorie and macronutrient summaries
• food and meal logging
• weight and habit tracking
• energy expenditure estimations
• AI-powered insights and explanations

• Burn Balance is not a medical device and does not provide medical, nutritional, or therapeutic advice.
• Burn Balance does not diagnose, treat, cure, or prevent any disease or medical condition.
• All insights—including AI outputs—are general information only and may be inaccurate or incomplete.
• You must always seek advice from a qualified healthcare professional before making any changes to diet, exercise, or health routines.

3. Apple Health Integration (Read and Write Data)

The Burn Balance app may integrate with Apple Health / HealthKit.

If you choose to grant permission, Burn Balance may:

3.1 Read data from Apple Health (if authorised):

• Dietary energy consumed
• Macronutrients
• Weight
• Active or resting energy burn

3.2 Write data to Apple Health (if authorised):

• Weight entries
• Dietary energy consumed (calorie intake)

You control what categories of Apple Health data Burn Balance can access.

You may revoke permissions at any time via iOS device settings.

3.3 HealthKit Compliance

We comply with all Apple HealthKit and Health data policies. Specifically:

• We do not use Health Data for advertising or marketing.
• We do not sell Health Data to third parties.
• We do not share Health Data with analytics or data brokers.
• Health Data is used only to provide or improve health-related features within Burn Balance.
• Writing data to Apple Health occurs only with your explicit permission.
• You are responsible for ensuring the accuracy of any data you enter or allow the app to write to Apple Health.

3.4 Apple's Role

Apple is not responsible for the operation of Burn Balance, nor the handling, accuracy, or use of any Health Data shared through the Service.

4. AI Features

Burn Balance includes optional AI-powered features, including:

• calorie estimation
• nutrition explanations
• habit analysis
• conversational guidance

By using these features, you acknowledge:

• AI outputs may be incorrect, incomplete, or unsuitable for your needs
• AI does not provide medical or dietary advice
• You remain responsible for decisions you make based on AI-generated content
• AI may process anonymised or pseudonymised user inputs to deliver responses

You must not rely on AI features for safety-critical or health-critical decisions.

5. Your Account

You agree to:

• provide accurate and complete information
• keep your login credentials confidential
• notify us immediately if you suspect unauthorised access

We may suspend or terminate accounts that:

• violate these Terms
• misuse the Service
• provide false information
• pose a security risk
• engage in harmful or illegal activity

6. Subscriptions and Billing

Burn Balance may offer the following subscription plans:

• Monthly
• Quarterly / 3-Month
• Annual

6.1 Payment & Billing Provider

Payments are processed through third-party app stores (Apple App Store / Google Play).

Their billing terms, tax handling, refund policies, and dispute processes apply.

6.2 Auto-Renewal

Subscriptions renew automatically unless cancelled at least 24 hours before the renewal date.

6.3 Cancellations

You may cancel at any time through your device's app store account settings.

We cannot cancel subscriptions on your behalf.

6.4 Refunds

Refunds are handled solely by the applicable app store under their policies.

6.5 Price Changes

We may change subscription prices.

If so, you will be notified through the app store prior to renewal.

7. Acceptable Use

You agree not to:

• disrupt or interfere with the Service
• attempt to reverse-engineer or extract source code
• use automated systems to access or scrape the Service
• use the Service for illegal, harmful, or abusive purposes
• submit false nutritional or health data with intent to deceive
• upload malicious code or attempt to circumvent security
• use the Service in a way that risks harm to yourself or others

We may immediately suspend or terminate accounts involved in prohibited behaviour.

8. Intellectual Property

Burn Balance and all associated content—including software, branding, design, algorithms, AI models, text, images, and features—are the intellectual property of XanDune Advisory Pty Ltd or its licensors.

8.1 Your Data

You retain ownership of:

• your logged meals
• weight entries
• macronutrient data
• TDEE and activity inputs
• any personal information you provide

You grant us a limited, revocable licence to process this data solely for:

• providing and operating the Service
• generating insights
• backups and security
• analytics to improve the Service
• complying with legal obligations

We do not claim ownership of your health or nutrition data.

9. Regional Disclosures

9.1 United States Users

• Where applicable state laws grant rights (e.g., access, deletion, portability), we will honour them to the extent they apply.
• Burn Balance does not sell personal data.
• The app is a wellness tool and not a regulated or medical service.

9.2 Australian Users

These Terms incorporate the consumer guarantees under the Australian Consumer Law (ACL), except where lawful exclusions apply.

10. Limitation of Liability

To the maximum extent permitted by law, Burn Balance is not liable for:

• indirect, incidental, or consequential damages
• loss of profits, data, reputation, or opportunity
• inaccuracies in calorie or nutrition calculations
• errors arising from AI-generated content
• reliance on data from Apple Health or third-party sources
• harm arising from misuse of the Service

Where liability cannot be excluded, it is limited to the lesser of:

• the total amount paid by you for the Service during the previous 12 months; or
• AUD $150

Nothing in these Terms excludes liability that cannot be excluded under the ACL.

11. No Warranties

The Service is provided “as is” and “as available” without warranties of any kind.

We do not guarantee that:

• the Service will be uninterrupted or error-free
• nutrition data or AI outputs will always be accurate
• data will always sync correctly with Apple Health
• the Service will meet all user expectations or goals

12. Governing Law

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-law principles.

You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes relating to these Terms or the Service.

This applies to users in both Australia and the United States.

13. Termination

We may suspend or terminate your access at any time if:

• you violate these Terms
• your conduct poses a security or safety risk
• we discontinue the Service (with reasonable notice)

Upon termination, your right to use the Service ends immediately.

Certain clauses (IP, liability, governing law) continue after termination.

14. Changes to These Terms

We may update these Terms from time to time.

If changes are material, we will notify you via:

• in-app notification
• email
• website notice

Continued use after updated Terms take effect constitutes acceptance.

15. Contact Us

If you have questions about these Terms, contact us: