KarbCoach – Master Subscription Agreement, Terms of Use, End-User License Agreement

1. LEGAL INSTRUMENT & INCORPORATION BY REFERENCE

This combined Master Subscription Agreement, Terms of Use, End-User License Agreement, and Privacy Policy (collectively, “Agreement”) governs all access to and use of the KarbCoach™ mobile software application, web dashboards, programmatic interfaces, content, data feeds, algorithms, and any ancillary services or products (collectively, “Platform”) made available by Diamond Star Technologies, Inc. (a Delaware corporation, “DST”, “we”, “our”, or “us”).

This Agreement constitutes a binding contract between DST and you – an individual consumer (“User”), the business entity you represent (“Organization”), and any person or ward on whose behalf you act. Your download, installation, registration, subscription purchase, sign-in, or continued use of any portion of the Platform constitutes your irrevocable acceptance of every term herein. If you do not agree, immediately uninstall the KarbCoach application and cease all access.

Notice of Hierarchy. In the event of conflict: (i) a separately executed written agreement signed by DST takes precedence; (ii) this Agreement controls over any marketing material, FAQ, or oral statement; (iii) the Privacy Policy is incorporated by reference and shall be construed harmoniously with the Terms, but the Terms shall prevail where legally permissible.

2. PURPOSE OF THE PLATFORM

KarbCoach is a nutrition-insight platform that (i) ingests user-provided or sensor-derived data concerning foods, beverages, biometrics, behaviors, and locations; (ii) utilizes those inputs to optimize proprietary algorithms; and (iii) surfaces estimated nutrient loads, carbohydrate impact projections, dietary pattern analytics, and behavior-change nudges (“Indicative Content”).

The Platform does not provide medical advice, diagnosis, treatment, or nutrition therapy and does not constitute the practice of medicine, dietetics, pharmacy, or medical nutrition therapy. It is provided for general informational purposes only and is not a substitute for professional medical judgment or advice. Full medical and nutritional disclaimers are set forth elsewhere in this Agreement and remain binding at all times.

NO GUARANTEE OF ACCURACY. All nutrient values, caloric estimates, health indicators, or behavioral predictions are probabilistic, AI- and model-driven approximations (including outputs from machine-learning models, large language models, and related systems) that may be incomplete, outdated, or erroneous. They are intended solely as general informational references – not as clinical nutrition facts, or regulatory food labelling.

PROFESSIONAL SUPERVISION RECOMMENDED. You should not rely on the Platform without guidance from duly licensed physicians, registered dietitians/nutritionists, or other health professionals (“Supervising Professionals”) appropriate to your jurisdiction and health status. DST does not confirm or monitor your compliance; you bear exclusive responsibility for seeking and following qualified professional advice.

3. REGULATORY & COMPLIANCE POSITION

3.1 Not a Medical Device.

KarbCoach is offered as a nutrition-insight platform. Pursuant to FD&C Act § 520(o) (21 U.S.C. § 360j(o)), as amended by the 21st Century Cures Act, certain software functions (including those intended only for storage, transfer, conversion, or display of medical data) are not considered medical devices by the U.S. FDA. Equivalent global exemptions apply. This application is not cleared or approved by the U.S. FDA or any health authority as a diagnostic or therapeutic device.

3.2 HIPAA Disclaimer.

DST is not a “Covered Entity” nor a “Business Associate” under HIPAA. If you upload protected health information (“PHI”), you acknowledge DST provides only a consumer application and no Business Associate Agreement will be executed.

4. ELIGIBILITY, REGISTRATION & ACCOUNT ADMINISTRATION

To gain persistent access to any subscriber-level module or personalized feature of the Platform, you must register and maintain an active Member Account within the Platform.

4.1 Eligibility Declarations

By initiating registration, downloading the app, or otherwise creating login credentials you represent and warrant that:

4.1.1 Capacity.

You are at least eighteen (18) years of age, of sound mind, and possess full legal capacity to enter into this Agreement.

4.1.2 Legal Compliance.

You are not (i) located in a country outside of the U.S. or (ii) otherwise barred from utilizing the Platform under applicable export-control, privacy, health-care regulations, or other relevant laws and regulations.

4.1.3 Contractual Authority.

If you act on behalf of an Organization, you have been duly authorized to bind such entity and the term “you” herein shall include the Organization and user of the Platform.

4.2 Registration Data – Accuracy & Maintenance

You agree to provide true, accurate, current, and complete information about yourself (including contact details, registration information, demographics and preferences) and to maintain the accuracy of such data through prompt updates within the account settings. DST disclaims all liability for injuries, losses, or damages that arise from any inaccuracy, omission, or outdated information supplied by you, or any other information source.

Verification. DST reserves the right to require email, password, SMS and/or personal phone number, and may limit, suspend or refuse accounts until such verification is complete.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. DST shall not be liable for any loss or damage arising from your failure to safeguard your account information.

4.3 Credential Security & Session Hygiene

Upon successful registration, the Platform will generate a randomly created User ID associated with your email, password and personal phone number (collectively, “Credentials”). You must:

Treat Credentials as strictly confidential and not share them with any third party;
Immediately notify DST at security@diamondstartech.com of any suspected unauthorized use, breach, or credential compromise; and
Accept full responsibility for all activities conducted under your Credentials until DST has been notified and has disabled the Credentials in question.

DST may, at its sole discretion, revoke, reset, or require rotation of Credentials where security risks are detected or upon breach of this Agreement.

4.4 Account Suspension, Deletion & Dormancy

DST reserves the right to (i) suspend, (ii) place in read-only mode, or (iii) permanently delete any Member Account and data associated with the Platform, with or without notice, where:

You have breached the terms, provided false information, or failed to update required data;
Your account shows 12 consecutive months of inactivity;
Required subscription fees or taxes remain unpaid after the payment due date; or
Continued use poses legal, regulatory, or security risks;
Your account is used to engage in fraud, abusive practices, or unlawful activity.

DST also reserves the right to revoke or limit any license granted under this Agreement where such action is necessary to protect the Platform, its users, or DST’s rights.

Post-deletion from the Platform, personal data will be retained only for as long as necessary to comply with legal obligations, resolve disputes, or enforce agreements, after which it will be securely deleted or anonymized. Specific retention periods by data category are detailed in Section G of the Privacy Policy.

4.5 Information Sharing Consent

By creating a Member Account you expressly consent to DST’s use and disclosure of registration data as described in Privacy Policy Section E (Data Sharing), including limited sharing with:

Cloud-hosting, analytics, and performance-measurement processors;
Payment gateways; and
Affiliates or lawful successors;

and, where permitted by applicable law, with carefully selected service providers as reasonably necessary to (i) provide and improve the Platform; (ii) optimize outreach and tailor in-app or email marketing; (iii) conduct aggregated performance analysis; and (iv) detect, prevent, or remediate security threats or abuse.

4.6 User Environment, Connectivity & Third-Party Dependencies

4.6.1 Equipment & Internet.

You bear sole responsibility for procuring and maintaining compatible hardware, operating systems, device storage, stable internet connectivity, data plans, browsers, and security software necessary to access the Platform. DST does not provide internet access, mobile data, or device support.

4.6.2 Network Interruptions.

Your ability to log in, sync data, or complete in-app purchases depends on external factors (e.g., ISP uptime, mobile-carrier coverage, Wi-Fi quality, firewalls, VPNs, corporate proxies). DST shall not be liable for any delay, loss, corruption, or inability to access the Platform that arises from such third-party dependencies.

4.6.3 Shared Devices & Accounts.

You are not permitted to allow another person to use your Credentials or Member Account to access the Platform. Additionally, you may not allow someone else to utilize the Platform by sharing your device(s).

4.6.4 Indemnity for Misuse.

You will indemnify DST against claims and damages arising from (i) unauthorized use of the Platform via your environment, (ii) malware introduced by any equipment or service utilized to access the Platform, and (iii) any other unauthorized access of your Member Account, Credentials or the Platform.

4.7 Membership Privileges & Communication Consent

Upon successful registration, your Member Account enables, subject to subscription level:

Analysis and capture of food item nutritional information;
Posting of meal logs, comments, and feedback;
Access to community forum and content;
Access to paid marketplaces or third-party integrations (e.g., recipe bundles, biomarker labs);
Receipt of feature-change notices, policy updates, or security alerts; and
Eligibility for promotional offers.

Some of the features may be available at future dates and the characteristics, quantity, methodology and price of these features may change at any time.

Required Service Communications. By providing your email and mobile number, you acknowledge and agree that DST may use them to send service-related notices (including account confirmations, password resets, billing notices, feature updates, and legally required notices) electronically in lieu of postal mail.

Ordinary service communications, critical security or operational alerts (such as verification issues, system outages, or data breaches) may be delivered to either your registered email and/or mobile number. DST may also use your contact details to fulfill marketplace orders or coordinate with delivery partners. These communications are transactional and are required while your account is active; you cannot opt out of them except by closing your account.

Promotional Communications. DST may send you marketing emails, texts, SMS messages or promotional calls only where legally permitted. You may withdraw consent at any time via in-app settings or by emailing unsubscribe@diamondstartech.com.

Mobile Numbers. By providing a mobile number, you confirm it is yours and authorize DST to contact you for the purposes described above. Standard carrier charges may apply.

4.8 Right to Refuse or Terminate Access

DST retains, without limitation, the right to take such actions at any time, in its sole discretion, and without incurring liability to you or any third party, except as otherwise required by law. DST retains the absolute discretionary right to:

Decline new registrations;
Suspend or terminate existing accounts (with or without cause); or
Block IP ranges or device identifiers, without obligation to provide justification, refund, or prior notice, except as otherwise required by law.

Reasons may include security threats, policy violations, chargebacks, regulatory orders, or business decisions, or activity that is fraudulent, abusive, or unlawful. DST further reserves the right to revoke or limit any license granted under this Agreement where such action is necessary to protect the Platform, its users, or DST’s rights and interests.

If termination occurs for cause (including but not limited to violations of this Agreement, fraud, non-payment, or legal/regulatory orders), all fees paid are non-refundable. If termination occurs without cause, a prorated refund of prepaid, unused subscription fees will be issued upon user request to support@diamondstartech.com.

5. ACCESS & SERVICE MODIFICATIONS

Access to any element of the Platform, including applications, APIs, dashboards, application features, embedded widgets, content repositories, algorithms, data layers, security layers, rules engine, Generative AI, and ancillary websites is granted strictly on a revocable, discretionary, and temporary basis. DST may, at any time and for any reason or no reason, with or without advance notice, and without incurring liability to you or any third party:

Withdraw, suspend, disable, geo-block, or throttle the Services (or any feature, database, or portion thereof);
Amend, replace, re-design, re-brand, or re-price any aspect of the Services;
Impose quotas, rate limits, concurrency caps, or other technical restrictions on bandwidth, storage, API calls, or feature access;
Require migration to technically or commercially equivalent successor offerings; or
Condition continued access on additional identity verification, security updates, subscription upgrades, or revisions to this Agreement or any other agreement associated with the Platform.

No Availability Guarantee. DST makes no representation that the Platform will be available at any given time, for any minimum uptime percentage, or from any particular geographic location. Maintenance windows, scheduled or unscheduled, may render the Platform inaccessible.

Partial Suspension. DST may, in its sole discretion, restrict access to certain modules or features contained within the Platform to registered Users, paying subscribers, or Users located in territories with requisite regulatory approvals.

Feature Changes & Innovation. DST continually develops new technologies and features (including AI/ML) and may introduce or retire features, adjust service limits, or launch new services while discontinuing others. Where practicable, DST will attempt to provide reasonable advance notice for major changes unless immediate action is required to prevent misuse or address legal, security, usability, accuracy, performance, or functionality concerns.

Updates. Updates may install automatically, or may require you to install a new version. Certain update settings may be controlled on your device. You are responsible for keeping the Platform updated to ensure optimal operation.

Content Export. Where feasible, DST may offer an opportunity to export your content in connection with significant changes; however, content may be modified, deleted, or made unavailable as features are added or removed. DST will attempt to follow applicable laws and its policies regarding advance notifications, subject to unforeseen circumstances, technical difficulties, user actions, or security incidents.

5.1 User Obligations While Accessing Platform

DST permits you to access the Platform only on condition that you irrevocably covenant:

No Copying or Redistribution. You will not copy, scrape, harvest, screen-record, bulk-export, publish, mirror, or distribute any portion of the Platform, or Indicative Content in any medium whatsoever without DST’s prior written consent.

No Unauthorized Modification. You will not alter, patch, translate, or create derivative works of any software, database schema, UI component, or output, except to the limited extent necessary for ordinary personal use through the provided interfaces.

Compliance. You will at all times comply with the rules of this Agreement (including acceptable-use and content standards).

Violation of this clause constitutes a material breach and may lead to immediate suspension or termination under Section 17.

6. GRANT OF LICENSE

Subject to timely payment of applicable fees and strict adherence to this Agreement, DST grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable License to (i) install one copy of the KarbCoach mobile application on your personal devices, as long as the same registered login is utilized across the personal devices and they share similar operating systems compatible to the app, and (ii) access hosted services via permitted interfaces, solely for personal, non-commercial use. Extra charges associated with required network access may be incurred by you in connection with your WiFi network, mobile carrier, or other internet or mobile connectivity services required to access and/or utilize the Platform.

No other rights are granted. All intellectual property rights, title, and interest in the Platform, Indicative Content, algorithms, reference information, governance rules, system processes and underlying databases remain with DST and its licensors.

7. PERMITTED & PROHIBITED CONDUCT

The Platform is provided exclusively to facilitate lawful, respectful, and wellness-oriented engagement. Any use outside these boundaries is strictly forbidden.

7.1 Prohibited behavior

You shall not, and shall not enable, assist, or encourage any third party to:

7.1.1 Infringe Intellectual Property – Upload, share, or transmit content that infringes or misappropriates patents, trademarks, trade secrets, copyright, publicity, or privacy rights.
7.1.2 Harass or Defame – Publish material that is libellous, slanderous, harassing, threatening, or defamatory toward any individual or group.
7.1.3 Hate Speech & Discrimination – Post or disseminate content that incites violence or advocates hatred against individuals or groups based on race, ethnicity, religion, disability, gender, age, sexual orientation, or any protected class.
7.1.4 Obscenity & Sexual Exploitation – Share pornography, sexual services content, or any content that exploits or endangers minors.
7.1.5 Graphic Violence – Display gratuitous gore or content that glorifies physical injury or death.
7.1.6 Illicit Behavior Facilitation – Promote or facilitate the planning or execution of violent or non-violent wrongdoing, including the sale or distribution of controlled substances, weapons, or contraband.
7.1.7 Medical Misinformation – Disseminate advice or data that is knowingly medically inaccurate, dangerous, or conflicts with recognized clinical guidelines without clear peer-reviewed evidence.
7.1.8 Malware & Interference – Introduce viruses, worms, trojans, time bombs, spyware, or any code that disrupts, damages, or limits Platform functionality or that of users’ devices.
7.1.9 Spam & Manipulation – Engage in bulk messaging, phishing, social-engineering, or any mechanism to manipulate rankings, reviews, analytics, or feedback mechanisms.
7.1.10 Impersonation & Misrepresentation – Impersonate any person or entity, falsely state affiliations, or forge headers or identifiers to disguise content origin.
7.1.11 Data Harvesting – Scrape, crawl, spider, or cache the Platform or Indicative Content without DST’s express written permission.
7.1.12 Reverse Engineering – Decompile, decode, or attempt to extract source code, trade secrets, or information underlying any algorithm or database.
7.1.13 Unauthorized Resale – Lease, resell, sublicense, monetize, or commercially exploit any portion of the Platform beyond the personal License granted.
7.1.14 Circumvent Security – Bypass or tamper with authentication, digital-rights management, rate limits, or other protective technologies.
7.1.15 Disallowed Health Claims – Make any therapeutic or nutritional claims using Platform outputs.
7.1.16 Marketplace Misconduct – Post fraudulent listings, counterfeit goods, or manipulate payment flows or refund policies.

7.2 Content Standards

All User Content must be:

Accurate where factual, genuinely held where opinion, and not otherwise deceptive or misleading;
Compliant with applicable local, state, national, and international law, regulations, and industry guidelines (e.g., FDA, FTC, and comparable regulatory bodies);
Relevant to the nutrition, lifestyle, or behavioral topics under discussion.

User Content is further governed by the rules of this Agreement, and violations of this Section 7.2 may result in suspension, termination, or other remedies available to DST under this Agreement or applicable law.

7.3 Enforcement & Remedies

DST may, in its sole discretion, take any action deemed necessary without limitation to enforce this Agreement, including:

Issuing warnings;
Immediate removal or filtering of offending content;
Suspension or termination of offending accounts;
Blocking of IP addresses or device identifiers;
Recovery of investigative costs; or
Pursuit of damages and injunctive relief.

Repeated or egregious violations may result in permanent bans, referral to regulatory bodies, and civil or criminal prosecution. All Licenses granted hereunder immediately terminate upon account suspension or closure. These enforcement rights are in addition to, and not in limitation of, DST’s other rights and remedies under this Agreement or applicable law.

7.4 Technical & Infrastructure Restrictions

In addition to the behavioral prohibitions above, you must not:

7.4.1 Distribute, sell, sublicense, lease, modify, adapt, or merge any part of the Platform or underlying content, software, or databases.
7.4.2 Decompile, reverse-engineer, disassemble, decrypt, or otherwise attempt to derive source code or non-public interfaces of any Platform and/or Services component.
7.4.3 Copy, reproduce, or archive the Platform and/or Services or any software provided, including but not limited to server-side code, client libraries, SDKs, or machine-learning models.
7.4.4 Create derivative works that are based on or incorporate any portion of the Platform’s software, schema, or Indicative Content.
7.4.5 Remove or obfuscate DST trademarks, copyright notices, digital watermarks, or other proprietary legends.
7.4.6 Forge headers, spoof DNS, or mask IP origin to disguise the source of requests or create a false identity.
7.4.7 Use any DST domain name or sub-domain as a pseudonymous “reply-to” or return email address.
7.4.8 Overload, burden, or impair Platform servers or associated networks through high-volume queries, denial-of-service attacks, or resource-intensive scripts.
7.4.9 Attempt to access endpoints, APIs, data fields, or systems for which you lack explicit authorization.
7.4.10 Circumvent the official client interface (e.g., using unapproved scraping tools, headless browsers, or unofficial SDKs) to interact with the Platform and/or Services.
7.4.11 Alter, disable, or tamper with security, encryption, authentication, or logging mechanisms.
7.4.12 Gain unauthorized access to other user accounts, administrative panels, or private keys, or probe, scan, or test for vulnerabilities.

Violation of any subsection of 7.4 constitutes a material breach and may trigger immediate termination under Section 17, plus civil and/or criminal liability.

8. FEES, BILLING, & TAXES

Subscriptions. Certain modules require a prepaid subscription. Fees, billing cycles, renewal terms, and cancellation windows are disclosed in-app or at purchase. All fees are non-refundable except where mandated by law.

Price Changes. DST may amend pricing at any time; continued use after the effective date constitutes acceptance.

Taxes. You are responsible for all applicable sales, VAT, GST, duties, and similar taxes, excluding DST sales and income taxes.

9. THIRD-PARTY CONTENT, LINKS & MARKETPLACE

The Platform may display or provide access to third-party meal plans, supplements, devices, services, or hyperlinks (“Third-Party Offerings”). DST does not endorse, guarantee, or assume responsibility for such Third-Party Offerings, and bears no liability for the actions, omissions, quality, or representations of third-party vendors. Any transactions, purchases, or arrangements with third parties are solely between you and the applicable third party, and governed by their terms.

10. USER-SUBMITTED CONTENT

License. By uploading or generating any data, diary entry, photo, recipe, feedback, or other content (“User Content”), you grant DST a worldwide, perpetual, irrevocable, royalty-free, transferable license to host, process, analyze, distribute, create derivative works, and commercialize such User Content in any media, subject to the Privacy Policy. Commercialization of User Content will be limited to aggregated and anonymized forms that do not identify you personally. Sensitive biometric and health data will not be used for advertising or model-training purposes unless anonymized, and only with your express opt-in consent.

Responsibility. You are solely responsible for the User Content you submit, including its legality, reliability, and appropriateness. User Content must comply with the rules of this Agreement, including all applicable restrictions on use and content standards.

Licensing & Rights Representation. You represent and warrant that you own or have obtained all licenses, permissions, and consents necessary to submit the User Content, and that your submission and DST’s use of it as permitted by this Agreement will not infringe, misappropriate, or otherwise violate the intellectual property, privacy, or other rights of any third party.

Technical Transmission. You acknowledge that the technical processing and transmission of User Content may occur unencrypted across various networks and may require adjustments to meet the technical requirements of those networks or devices. DST is not responsible for alteration, corruption, or loss of User Content during such transmissions.

Disclaimer. DST does not control and is not responsible for the accuracy, completeness, reliability, or legality of User Content, and shall have no liability for any loss or damage arising from such content. DST reserves the right, in its sole discretion, to monitor, remove, or disable access to User Content that violates this Agreement or applicable law.

Moral Rights. To the maximum extent permitted by law, you waive all moral rights in User Content.

11. DATA GOVERNANCE & PRIVACY POLICY

Privacy Rights

Subject to applicable law, you have the right to:

Access and receive a copy of your personal data;
Request correction or deletion;
Restrict or object to certain processing;
Request portability of your data; and
Opt out of targeted advertising or sale/sharing of personal information.

Requests may be submitted via privacy@diamondstartech.com. These rights will be honored in accordance with applicable laws (including CPRA §§1798.100–1798.120).

Full details on our data practices, retention, and disclosures are provided in the Privacy Policy, which forms an integral part of this Agreement.

12. MEDICAL & NUTRITIONAL DISCLAIMER

12.1 Informational Use Only

The Platform, including Indicative Content, User Content, External Content, and any text, audio, video, image, or interactive feature, does not provide medical advice, diagnosis, treatment, or nutrition therapy and does not constitute the practice of medicine, dietetics, pharmacy, or medical nutrition therapy. All such materials are provided for general informational purposes only and are not a substitute for professional medical judgment or advice.

12.2 Professional Supervision Recommended

You should not rely on the Platform without the guidance of duly licensed physicians, registered dietitians/nutritionists, or other health professionals (“Supervising Professionals”) appropriate to your jurisdiction and health status. You remain solely responsible for consulting Supervising Professionals and for any decisions you make based on Platform information.

12.3 Emergency Disclaimer

The Platform is not monitored for emergencies. In the event of a medical emergency, dial 911 (U.S.) or your local emergency services immediately.

12.4 Regulatory Status

The Platform is not a medical device as defined by the U.S. Food and Drug Administration (FDA) or equivalent international regulators. It has not been cleared or approved for diagnostic or therapeutic purposes and should not be used in substitution for laboratory testing, clinical nutrition facts, or regulated food labeling.

12.5 No Warranty of Accuracy

Nutritional, biometric, or behavioral outputs generated by the Platform are probabilistic, model-driven approximations that may be incomplete, outdated, or erroneous. They should not be regarded as clinical nutrition facts or laboratory results.

12.6 AI-Generated Estimates and Limitations

The Platform uses machine-learning models, including large language models and computer-vision models, to interpret user-provided text and images of foods and meals and to generate estimated food items, portion sizes, nutrient values, educational summaries, and other Indicative Content. These outputs are algorithmic best-effort approximations only and may be incomplete, inaccurate, or misleading.

You are solely responsible for reviewing, editing, correcting, or deleting any AI-generated items, portion sizes, or estimates before relying on them for any purpose.

12.7 KarbScore Index

The Platform may display a “KarbScore” or similar index intended solely as a non-clinical, educational indicator of the relative carbohydrate-impact pattern of a meal. The KarbScore is generated using proprietary algorithms influenced by general nutrition science and AI-assisted interpretation of meals.

The KarbScore does not represent actual grams of carbohydrate, blood glucose levels, insulin response, glycemic load, calorie intake, or any other biological or medical value, and must not be treated as such.

12.8 Serving-Size Assumptions

When you do not provide specific quantities or serving sizes for foods or meals, the Platform may apply default reference portions derived from publicly available nutrition data (for example, typical single-serve portions described in standard databases). These defaults are generalized assumptions and may not reflect your actual intake.

When you provide a quantity (for example, “2 cups,” “12 crackers,” or “half a cookie”), the Platform may use that quantity in its estimates. You are solely responsible for ensuring that any serving-size assumptions or quantities reflected in the Platform match what you actually consumed.

12.9 Photo-Based Food Detection and Image Limitations

When you submit meal photos or other images, the Platform may attempt to identify foods and estimate portion sizes using computer-vision and AI models. These estimates are inherently uncertain and may be significantly incorrect due to, without limitation, camera angle, lighting, plate size, image quality, food overlap, visually similar items, hidden ingredients, or other factors.

The Platform cannot determine exact grams, ounces, calories, or nutritional composition from images and cannot know how much of a meal you actually consumed. You are solely responsible for verifying and correcting any AI-detected foods and portion sizes, and for deleting any items that are inaccurate.

Additional information about scientific sources, AI limitations, serving-size assumptions, and KarbScore methodology is provided in our public “Sources, Citations & Safety Information” materials, which are accessible via links within the Platform and on the KarbCoach website.

13. REPRESENTATIONS, WARRANTIES, & EXTENDED DISCLAIMERS

The disclaimers below form an essential basis of the bargain between you and DST; the Platform would not be provided without them.

13.1 External Links & Embedded Resources

The Platform may reference or embed hyperlinks, APIs, SDKs, widgets, or frames that connect you to third-party websites, cloud resources, or mobile apps (collectively “External Resources”). DST exercises no control over External Resources and disclaims all liability for their availability, accuracy, legality, decency, advertising, products, or other materials. DST further disclaims responsibility for the timeliness, completeness, or potential offence or harm of any External Resources, and you assume all risks associated with their use. Your use of External Resources is entirely at your own risk and is subject to the terms and policies of those third parties. All rights not expressly granted to you under this Agreement are reserved by DST and its licensors.

13.2 No Medical or Nutrition Warranty

Always consult qualified physicians, registered dietitians/nutritionists, and other licensed professionals before initiating or modifying any diet, exercise, supplement, or medical program. Never disregard professional advice or delay seeking it because of Platform information.

13.3 No Regulatory Endorsement

Unless expressly stated, statements about foods, supplements, devices, or biomarkers have not been evaluated by the U.S. Food & Drug Administration or comparable regulators. Products, Platform, content, and any other material accessed via the Platform or associated to the Platform are not intended to diagnose, treat, cure, or prevent any disease. Nutrient data are approximations whether from third-party databases, internal or external algorithms, generative AI or any other source and may differ from scientific studies, laboratory results or nutrition-label mandates. The information provided is approximate and sometimes inaccurate due to algorithm hallucinations, misinterpretation of source information, misunderstanding of requests, suboptimal programmatic calculations, mismatches between perceived and actual user context, or inherent limitations of AI systems (including large language models and computer-vision models). None of the data provided is intended to approximate or predict any actual blood panel biomarker levels.

13.4 Platform Performance & Availability

DST does not guarantee that:

The Platform will meet your specific requirements;
The Platform will be uninterrupted, timely, secure, or error-free;
Any errors will be corrected; or
The Platform is free of viruses or other harmful components.

13.5 User and Third-Party Content.

DST does not pre-approve, monitor, or endorse any User Content or third-party content accessible through the Platform. You acknowledge that such content may be inaccurate, incomplete, unreliable, unlawful, offensive, indecent, or otherwise objectionable, and that your reliance on it is at your own risk. DST may, but is under no obligation to, monitor, screen, or remove such content. DST disclaims all liability for any loss or damage incurred as a result of exposure to such content, and you are solely responsible for implementing safeguards (including content filters or parental controls) appropriate to your environment.

13.6 Disclaimer of Warranties

DST continually works to improve the Platform and provide reliable functionality; however, the law requires us to clearly state the following disclaimers:

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DO NOT GUARANTEE THAT THE CONTENT OR FEATURES OF THE PLATFORM WILL BE ACCURATE, RELIABLE, AVAILABLE, OR SUITABLE FOR YOUR NEEDS.

DO NOT RELY ON THE PLATFORM FOR MEDICAL, NUTRITION, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ANY CONTENT COVERING SUCH TOPICS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED EXPERT.

DST, ITS LICENSORS, AND SUPPLIERS DISCLAIM ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY OF DATA, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

13.8 Limitation on Liability for Content

User Content, External Resources, and Marketplace listings are displayed without endorsement. DST is not liable for: (i) offensive, defamatory, or illegal content; (ii) errors or omissions; or (iii) any loss or damage incurred as a result of reliance on content posted, emailed, transmitted, or otherwise made available via the Platform.

13.9 Technical & Transmission Risks

Data transmitted via the internet or mobile networks may be subject to interception, corruption, loss, or alteration. You acknowledge these risks and agree that DST is not responsible for damages resulting from such occurrences.

14. RISK ASSUMPTION & RELEASE

You acknowledge that nutrition tracking and behavior modification involve inherent risks (e.g., hypoglycemia, allergies, disordered eating). You voluntarily assume all such risks and release DST, its officers, directors, employees, contractors, licensors, and affiliates from any liability arising from injury, loss, or damages related to your use of the Platform.

15. INDEMNITY, LIABILITY CAPS & OFFENCE CONSEQUENCES

15.1 Your Broad Indemnity

You shall defend, indemnify, and hold harmless DST, its parent, subsidiaries, officers, directors, shareholders, employees, contractors, licensors, and agents (collectively “DST Parties”) from and against any and all claims, actions, demands, investigations, losses, liabilities, judgments, settlements, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and expert costs) arising out of or relating to:

Your use or misuse of the Platform;
Your breach of this Agreement, the Privacy Policy, or applicable law;
Your User Content (including claims of defamation, infringement, privacy invasion, or deceptive marketing);
Transactions or disputes between you and other third parties;
Injury or property damage attributable to dietary, fitness, or any other actions you undertook based on Indicative Content;
Malware or harmful code introduced by your systems or networks; and
Any use of the Services by a secondary user who accesses the Platform via your Credentials or device.

DST reserves the right to assume the exclusive defense and control of any indemnified matter, in which case you agree to cooperate in asserting available defenses.

15.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

NO INDIRECT DAMAGES. THE DST PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, GOODWILL, DATA, HEALTH COMPLICATIONS, BUSINESS INTERRUPTION, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE CAP. THE AGGREGATE LIABILITY OF THE DST PARTIES ARISING OUT OF OR RELATING TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU PAID TO DST FOR PLATFORM ACCESS IN THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (II) TEN U.S. DOLLARS (US $10).

BASIS OF THE BARGAIN. THE PRICE CHARGED FOR THE PLATFORM REFLECTS THIS ALLOCATION OF RISK AND THE EXCLUSION/CAP ON DAMAGES.

JURISDICTIONAL LIMITS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITY. IN SUCH CASES, THE LIABILITY OF THE DST PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15.3 Technology, Security & Force-Majeure Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW:

Network & Transmission Risks. The DST Parties disclaim all liability for interruptions, delays, failures, or errors in network connectivity, hosting, or data transmission; and for any alteration, corruption, loss, or unauthorized access to data during transmission or storage, including where such issues occur on or through third-party networks or providers.

Viruses, Malware & Attacks. You assume all risk of viruses, malware, denial-of-service or distributed-denial-of-service attacks, supply-chain compromises, zero-day exploits, credential-stuffing, spoofed domains, social-engineering, advanced persistent threats, side-channel attacks, physical theft, or other technological threats. The DST Parties disclaim all liability for damage to hardware, software, or data resulting therefrom.

Third-Party Infrastructure & Dependencies. The DST Parties disclaim all liability for vulnerabilities or failures intrinsic to third-party libraries, mobile operating systems, hosting providers, cloud platforms, or other external services or components on which the Platform relies.

No Duty to Police Security. The DST Parties have no affirmative obligation to monitor, police, or remove unlawful or harmful activity on networks or systems, though they reserve the right to do so at their discretion.

Force Majeure. The DST Parties shall not be liable for any delay or failure of performance caused by events beyond their reasonable control, including natural disasters, acts of God, war, terrorism, civil unrest, strikes or labor disputes, embargoes, governmental orders or actions, pandemics or epidemics and public-health measures, power failures, ISP or hosting outages, or failures of suppliers or service providers.

15.4 Offences, Fraud & Network Abuse

Misuse of the Platform, such as introducing malicious code, unauthorized penetration testing, spoofing traffic, or orchestrating distributed-denial-of-service (DDoS) attacks, constitutes a material breach. DST may immediately terminate access, report offenders to law-enforcement, and seek civil or criminal remedies. You will indemnify DST for all remediation costs, downtime losses, forensic expenses, and regulatory penalties arising from your misconduct.

16. SECURITY, ENCRYPTION & USER RESPONSIBILITIES

16.1 Technical & Organizational Safeguards

DST implements commercially reasonable administrative, technical, and organizational safeguards (including those provided by its hosting vendors, such as Google Cloud Platform) to help protect the Platform and User Data.

16.2 No Absolute Security Guarantee

You acknowledge that no internet, mobile, or cloud system can be guaranteed 100% secure. Threats such as zero-day exploits, state-sponsored attacks, credential-stuffing, social-engineering, or supply-chain compromises may still defeat even industry-standard defenses.

16.3 Shared Responsibility Model

Security is a shared responsibility between DST and you. You agree to:

Maintain up-to-date operating systems, antivirus/anti-malware tools, and firewall configurations on your devices;
Use strong, unique passwords and enable multi-factor authentication where available;
Notify DST immediately at security@diamondstartech.com upon suspicion of unauthorized access, phishing, or data leakage;
Refrain from storing plain-text credentials or exporting sensitive data to insecure channels.

16.4 User-Provided Integrations

If you authorize third-party integrations (e.g., fitness trackers, smart scales, CGM), you acknowledge that security of those external providers is outside DST’s control. Any data imported or exported via such integrations is governed by the third party’s security measures and practices.

16.5 Incident Response & Notification

In the event of a confirmed data breach involving your personal data (as defined by applicable law,) DST will:

Promptly contain and investigate the incident;
Provide notice as required by jurisdictional law;
Offer remediation guidance as appropriate.

17. TERM & TERMINATION

This Agreement commences upon your first use of the Platform and continues until (i) you delete your account and uninstall the app, and (ii) outstanding subscriptions expire. DST may, in its sole discretion, suspend or terminate access at any time, with or without cause, including for breach, non-payment, legal requirement, or risk to security. Refunds, if any, will be determined solely under the refund policies set forth in this Agreement.

Survival. Upon termination or expiration of this Agreement, all provisions that by their nature should survive shall survive, including without limitation:

Payment obligations, including fees, taxes, and refund rights;
User Content provisions, including licenses, rights representations, responsibilities, disclaimers, and moral rights waivers;
Intellectual property ownership and restrictions;
Confidentiality obligations;
Medical and nutritional disclaimers;
Warranties and disclaimers of liability;
Indemnification obligations;
Limitations of liability and liability caps;
Security responsibilities and disclaimers of technological risks; and
General provisions, including governing law, dispute resolution, notices, and force majeure.

18. UPDATES & AVAILABILITY

DST may push automatic updates, patches, or replacements. You consent to receive such updates which may change functionality. DST reserves the right to modify, discontinue, or impose limits on any feature with or without notice.

19. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of California, USA, without regard to conflict-of-law principles. Each party waives the right to a jury trial. You agree that any dispute, claim, or controversy arising out of or relating to your use of the Platform, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved exclusively through binding arbitration, to be conducted in Orange County, California, before a mutually agreed-upon arbitration provider in accordance with that provider’s rules. Judgment on the arbitration award may be entered in any court having jurisdiction. The parties agree to waive any right to bring or participate in a class action or representative proceeding. If arbitration is deemed unenforceable for a particular claim, the parties agree that the claim shall be resolved exclusively and cost-effectively in small claims court, provided it qualifies to be heard there. Notwithstanding the foregoing, DST may seek injunctive relief in any jurisdiction to protect its intellectual property or confidential information.

20. FORCE MAJEURE

DST shall be excused from performance of its obligations under this Agreement to the extent that any delay or failure is caused by events beyond its reasonable control, including pandemics, natural disasters, war, terrorism, cyber-attacks, utility outages, or governmental actions. Such events also limit DST’s liability as set forth in the disclaimers of liability contained in this Agreement.

21. ASSIGNMENT

DST may assign or transfer its rights without restriction. You may not assign this Agreement without DST’s prior written consent.

22. SEVERABILITY & WAIVER

If any provision is held unenforceable, it shall be modified to reflect the parties’ intent, and the remaining provisions shall remain in full force. DST’s failure to enforce any right is not a waiver.

23. ENTIRE AGREEMENT

This Agreement, including the Privacy Policy and any supplemental guidelines posted within the Platform, constitutes the entire agreement and supersedes all prior understandings. Nothing in this Agreement excludes, restricts, or modifies rights that you may have under applicable consumer-protection, privacy, or data-protection laws that cannot be excluded or waived by contract.

24. CONTACT

Diamond Star Technologies, Inc.
Legal Affairs
Email: legal@diamondstartech.com

End of Document