KarbCoach & FoodQualityGuide – Terms of Use, End-User License Agreement, and Subscription Terms

Last updated: August 10, 2026

1. LEGAL INSTRUMENT & INCORPORATION BY REFERENCE

These Terms of Use, End-User License Agreement, and Subscription Terms (collectively, “Terms”) govern access to and use of services made available by Diamond Star Technologies, Inc. (a Delaware corporation, “DST”, “we”, “our”, or “us”), including the KarbCoach™ mobile application, KarbCoach.com, FoodQualityGuide.com, DiamondStarTech.com, web dashboards, account and onboarding flows, programmatic interfaces, content, data feeds, algorithms, and related products and services (collectively, the “Platform” or “Services”).

These Terms constitute 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 lawfully act. Your download, installation, registration, subscription purchase, affirmative acceptance, sign-in, or continued use of any portion of the Services constitutes acceptance of these Terms to the extent permitted by applicable law. If you do not agree, do not create an account, purchase a subscription, or use account-based Services, and uninstall the KarbCoach application if applicable.

Separate Privacy Policy. DST’s Privacy Policy is a separate notice that describes how DST collects, uses, discloses, retains, and safeguards personal information. It does not form part of these Terms merely because it is referenced here. Where applicable law requires separate consent for health-related or other sensitive information, acceptance of these Terms alone does not substitute for that consent.

Notice of Hierarchy. In the event of conflict: (i) a separately executed written agreement signed by DST takes precedence; (ii) these Terms control over marketing material, FAQs, or oral statements to the extent permitted by law; (iii) purchase-specific disclosures presented at checkout govern the applicable purchase where they conflict with general billing language; and (iv) the Privacy Policy governs DST’s privacy practices.

2. PURPOSE OF THE PLATFORM

KarbCoach is a nutrition-insight platform that (i) processes information users choose to provide concerning foods, beverages, meals, nutrition, preferences, goals, and related information; (ii) utilizes those inputs to operate proprietary rules, algorithms, and analytical systems; and (iii) surfaces estimated nutrient information, food-quality and longevity-oriented analyses, carbohydrate-impact information, dietary-pattern insights, and other educational content (“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 GUIDANCE WHEN APPROPRIATE. If you have a medical condition, take medications, have food allergies or significant dietary restrictions, have a history of disordered eating, or otherwise have circumstances for which individualized health or nutrition guidance is appropriate, consult a qualified physician, registered dietitian/nutritionist, or other licensed professional before materially changing your diet, exercise, supplement, or health-management practices based on Platform information.

2.1 FoodQualityGuide Public Information

FoodQualityGuide.com may publish publicly accessible product pages containing product identity information, nutrition facts, ingredients, product images, Food Integrity and Longevity analyses, explanatory summaries, comparisons, alternatives, methodology information, and related educational content. Public pages may rely on manufacturer, retailer, governmental, licensed, third-party, and DST-generated data. Product formulations, serving sizes, labels, availability, and underlying data may change without notice, and public pages may therefore become incomplete or outdated.

2.2 Proprietary Scores and Verdicts

Food Integrity Score, Longevity Score, KarbScore, composite verdicts, goal signals, rankings, and similar outputs are proprietary informational tools created by DST. They are not government ratings, medical tests, medical-device outputs, certifications, laboratory results, guarantees of healthfulness, or guarantees that a food is appropriate for any particular person. Scores may change when DST changes methodology, models, source data, weighting, or product information.

3. REGULATORY & COMPLIANCE POSITION

3.1 Not a Medical Device.

KarbCoach is offered in the United States as a consumer nutrition-insight platform. It is not represented as cleared or approved by the U.S. Food and Drug Administration (FDA) as a diagnostic or therapeutic medical device. The Services are not intended to diagnose, treat, cure, mitigate, or prevent disease and should not be used as a substitute for professional medical judgment, laboratory testing, regulated food labeling, or emergency care.

3.2 HIPAA Disclaimer.

KarbCoach and the other consumer Services covered by these Terms are not currently offered by DST on behalf of a HIPAA-covered health care provider, health plan, or health care clearinghouse, and DST does not represent that information submitted directly by consumers to these Services is protected by HIPAA merely because it relates to health or nutrition.

Whether HIPAA applies depends on the particular parties, relationships, services, and data involved. If DST in the future provides a feature or service in a capacity that causes DST to become subject to HIPAA as a covered entity or business associate, that feature or service may be governed by additional agreements, notices, safeguards, or terms required by applicable law.

4. ELIGIBILITY, REGISTRATION & ACCOUNT ADMINISTRATION

Public informational pages may be browsed without a Member Account. To gain persistent access to subscriber-level, saved, personalized, or account-based features of the Services, you must register and maintain an active Member Account. An account created through FoodQualityGuide.com, KarbCoach.com, or another DST registration flow may be the same account used to access the KarbCoach mobile application.

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.

The account-based Services and KarbCoach mobile application are offered only to eligible users in the United States and its territories unless DST expressly states otherwise. Public informational webpages may be technically accessible from other locations, but DST does not offer account registration, subscriptions, promotional credits, or personalized consumer Services outside the United States unless expressly stated. You must also not be barred from using the Services under applicable export-control or other law.

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.

Pre-Registration Questionnaire Data. Some onboarding flows may allow you to provide dietary preferences, goals, eating patterns, activity information, food restrictions, glucose-related goals, weight-related goals, or other health-related information before creating an account. Such information may be associated temporarily with a session, browser, device, or temporary identifier and may be linked to your account if you choose to register. Where applicable law requires separate consent before collecting or sharing consumer health data or other sensitive information, DST will request that consent separately and before the relevant collection or sharing.

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:

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:

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 Privacy Policy, Health-Data Consent & Service Providers

By creating a Member Account, you acknowledge that DST’s privacy practices are described in the separate Privacy Policy. DST processes account and service data as described in that notice and as otherwise permitted by applicable law. Acceptance of these Terms is not intended to serve as consent for any collection, use, or sharing for which applicable law requires a separate affirmative consent.

Where a questionnaire or personalization flow requests separate consent for health- or nutrition-related information, the applicable disclosure is provided in DST’s Health & Personalization Data Notice.

DST may use service providers such as cloud-hosting, database, analytics, security, authentication, communications, payment, app-store, and AI/model providers as reasonably necessary to provide, secure, support, maintain, and improve the Services, as described in the Privacy Policy.

DST does not sell identifiable consumer health data and does not knowingly disclose identifiable health or nutrition logs to third parties for their own independent targeted advertising. Additional details, including state-specific rights and consumer-health-data disclosures, are provided in the Privacy Policy.

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 share your Credentials or Member Account with another person or knowingly allow another person to access the Platform through your Member Account. Multiple people may use the same physical device through their own accounts where the Platform and applicable app-store rules permit that use.

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 may enable, subject to subscription level and feature availability:

Some features may be added, removed, renamed, limited, or changed, and the characteristics, quantity, methodology, eligibility, and price of features may change at any time subject to applicable law.

Required Service Communications. By providing your email and/or mobile number, you acknowledge that DST may use them to send transactional service-related notices, including account confirmations, password resets, verification codes, billing notices, legally required notices, and critical security or operational alerts. A mobile number supplied for verification or account security does not, by itself, constitute consent to receive promotional text messages.

Promotional Communications. DST may send marketing emails, texts, SMS messages, or promotional calls only where legally permitted and subject to any consent required by law. You may withdraw marketing consent through available settings, unsubscribe mechanisms, or by contacting DST.

Mobile Numbers. By providing a mobile number, you confirm that you are authorized to use it. Standard carrier charges may apply. DST may use the number for verification, security, fraud prevention, and other transactional purposes described in the Privacy Policy.

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:

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:

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 Unauthorized Copying or Redistribution. Except for ordinary personal use and automated indexing of publicly accessible pages as expressly permitted by DST’s published robots.txt, robots meta tags, HTTP headers, or other crawler directives, you will not copy, scrape, harvest, bulk-export, publish, mirror, or distribute any substantial or non-public portion of the Services or Indicative Content without DST’s prior written consent. Permission for search or discovery indexing does not authorize circumvention of technical controls, access to authenticated content, creation or resale of a competing bulk commercial database, or uses disallowed by DST’s published crawler directives.

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 your compliance with these Terms and payment of any fees applicable to the features you choose to use, DST grants you a limited, revocable, non-exclusive, non-sublicensable license to install and use the KarbCoach mobile application on devices that you own or control and to access hosted Services through interfaces authorized by DST, solely for your personal, non-commercial use. Extra charges associated with required network access may be incurred by you through your WiFi network, mobile carrier, or other connectivity provider.

For KarbCoach obtained through Apple’s App Store, this license is also subject to Section 24.1 and the applicable Apple Usage Rules, including access or use through Family Sharing, volume purchasing, or other Apple-authorized arrangements to the extent required by those Usage Rules.

Except as expressly permitted by applicable platform rules, you may not transfer, sublicense, redistribute, sell, lease, or commercially exploit the application or your rights under this license. Account credentials remain personal to the registered account holder and may not be shared with another person. This account-security restriction does not prohibit another person from obtaining or using KarbCoach through their own account where permitted by applicable app-store rules.

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:

7.2 Content Standards

All User Content must be:

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:

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:

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

Taxes. You are responsible for applicable sales, use, VAT, GST, duties, and similar transaction taxes to the extent lawfully imposed on you, excluding taxes imposed on DST’s net income.

Promotional Credits and Trials. DST may provide complimentary credits, trials, introductory pricing, or promotional access subject to disclosed eligibility, duration, usage, and anti-abuse rules. DST may limit or discontinue promotions prospectively, subject to applicable law.

Price Changes. DST may change pricing prospectively. For automatically renewing subscriptions, any notice, consent, or renewal treatment required by applicable law or the applicable app-store rules will apply.

App-Store Billing. Purchases made through Apple App Store or Google Play are processed by the applicable store. Their billing, refund, renewal, and cancellation rules also apply. DST may receive transaction identifiers and entitlement information but generally does not receive your full payment-card number from the app store.

Subscriptions and Refunds. Certain KarbCoach modules or features may require a prepaid or automatically renewing subscription. Fees, billing cycles, renewal terms, trial terms, and cancellation windows are disclosed in-app or at purchase. Unless otherwise expressly disclosed at purchase, subscription fees are non-refundable except (i) as expressly provided in Section 4.8, (ii) where required by applicable law, or (iii) where a refund is available under the rules of the Apple App Store, Google Play, or other applicable payment provider.

Future Direct Billing. If DST later offers subscriptions that DST bills directly through a website or other direct payment channel, DST will provide the renewal disclosures, affirmative-consent process, post-purchase acknowledgment, cancellation method, renewal or price-change notices, and other measures required by applicable law.

9. THIRD-PARTY CONTENT, LINKS & MARKETPLACE

Product names, brand names, trademarks, logos, packaging, and product images are owned by their respective owners. Their appearance in FoodQualityGuide, KarbCoach, or other DST Services is for identification, commentary, comparison, or informational purposes and does not imply sponsorship, endorsement, affiliation, or approval by the manufacturer or retailer unless expressly stated.

The Services may display, reference, integrate with, or provide access to third-party data sources, websites, manufacturers, retailers, app stores, authentication providers, cloud services, devices, services, or hyperlinks (“Third-Party Offerings”). DST does not control and, except as required by law, does not endorse, guarantee, or assume responsibility for Third-Party Offerings. Your use of Third-Party Offerings may be governed by separate terms and privacy policies.

10. USER-SUBMITTED CONTENT

Moral Rights. To the maximum extent permitted by law, you waive moral rights in User Content to the extent necessary for DST to exercise the license granted above.

Disclaimer. DST does not control and is not responsible for the accuracy, completeness, reliability, or legality of User Content and, to the fullest extent permitted by law, disclaims liability for loss or damage arising from User Content. DST reserves the right to monitor, remove, or disable access to User Content that violates these Terms or applicable law.

Technical Transmission. DST intends to use commercially reasonable safeguards, including encrypted transport such as HTTPS/TLS where technically applicable, for supported communications between the Services and DST systems. You acknowledge, however, that no internet, mobile, device, or cloud transmission or storage system can be guaranteed completely secure or error-free.

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 DST’s use of it as permitted by these Terms will not infringe, misappropriate, or otherwise violate the intellectual-property, privacy, or other rights of any third party.

Responsibility. You are solely responsible for the User Content you submit, including its legality, reliability, and appropriateness. User Content must comply with these Terms and applicable law.

DST does not acquire the right to publicly sell or publish identifiable health-related User Content merely because you submitted it. Any materially different use requiring consent will be handled in accordance with the Privacy Policy and applicable law.

License. By uploading or generating data, diary entries, photos, recipes, questionnaire responses, feedback, or other material (“User Content”), you retain ownership of your User Content and grant DST a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, analyze, transform, transmit, and otherwise use that User Content as reasonably necessary to provide, secure, maintain, support, and improve the Services; comply with law; enforce these Terms; and exercise the rights described in the Privacy Policy. This license continues for as long as reasonably necessary for those purposes, subject to lawful retention requirements and de-identified information that can no longer reasonably be linked to you.

11. DATA GOVERNANCE & PRIVACY POLICY

Privacy Rights

Subject to applicable law, you have the right to:

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 regarding DST’s data practices, retention, disclosures, and consumer privacy rights are provided in the separate Privacy Policy. The Privacy Policy governs DST’s privacy practices but does not form part of these Terms merely because it is referenced here.

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, scores, explanations, and other Indicative Content. These outputs are probabilistic, best-effort approximations and may be incomplete, inaccurate, outdated, or inappropriate for a particular individual.

DST does not guarantee that an AI-generated food identification, nutrition estimate, score, explanation, or other output will be accurate or complete. You should review information that is important to your decisions and, where appropriate, compare it with product labels, manufacturer information, reliable source data, or qualified professional advice before materially relying on it. You may edit or correct user-editable information when the Services provide that capability.

12.7 Food Integrity, Longevity, KarbScore & Similar Indices

No score or index represents an actual blood glucose level, insulin response, laboratory result, medical diagnosis, regulated nutrient claim, certification, or guarantee of healthfulness or suitability for any person. Scores may change when DST changes methodology, weighting, models, source data, or product information.

Food Integrity may consider processing, ingredient composition, additives, ingredient transparency, and related food-quality factors. Longevity may consider nutrition composition, dietary-pattern characteristics, ingredients, processing, and other factors selected by DST. KarbScore may estimate the relative carbohydrate-impact pattern of a meal. These outputs answer different questions and may reasonably differ for the same product or meal.

The Services may display Food Integrity Scores, Longevity Scores, KarbScore, composite verdicts, goal signals, rankings, or similar indices intended solely as non-clinical, educational indicators. These outputs are generated through proprietary rules, algorithms, source data, and/or AI-assisted interpretation.

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, scoring methodology, and safety is provided in public methodology or safety materials accessible through KarbCoach, FoodQualityGuide, KarbCoach.com, or other DST Services.

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

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.

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:

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.

13.7 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.

13.8 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. PERSONAL RESPONSIBILITY & RELIANCE

Nutrition, food, wellness, fitness, and lifestyle decisions are personal and may have different effects depending on an individual’s health, medications, allergies, dietary restrictions, activity, medical history, and other circumstances. You are responsible for deciding whether and how to act on informational content provided through the Services and for seeking qualified professional advice when appropriate.

The Services are not a substitute for professional medical diagnosis, treatment, monitoring, or emergency care. You should not disregard professional medical advice or delay seeking such advice because of information provided through the Services.

Nothing in these Terms waives, releases, excludes, or limits any responsibility or liability that cannot lawfully be waived, released, excluded, or limited.

15. INDEMNITY, LIABILITY CAPS & OFFENCE CONSEQUENCES

15.1 Your Broad Indemnity

To the fullest extent permitted by law, 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 third-party claims, actions, demands, investigations, losses, liabilities, judgments, settlements, damages, fines, penalties, costs, and reasonable attorneys’ fees arising out of or relating to:

DST reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to reasonably cooperate in the defense. You will not settle an indemnified claim in a manner that admits fault by or imposes non-monetary obligations on a DST Party without DST’s prior written consent.

15.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

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

AGGREGATE CAP. EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, THE AGGREGATE LIABILITY OF THE DST PARTIES ARISING OUT OF OR RELATING TO THE PLATFORM, SERVICES, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU PAID TO DST FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS (US $100).

BASIS OF THE BARGAIN. THE FEES CHARGED FOR THE SERVICES, INCLUDING THE AVAILABILITY OF FREE OR PROMOTIONAL ACCESS, REFLECT THIS ALLOCATION OF RISK AND THESE LIMITATIONS OF LIABILITY.

NON-WAIVABLE RIGHTS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, VIOLATIONS OF LAW, OR OTHER LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

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 ONLY 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:

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:

17. TERM & TERMINATION

These Terms commence upon your first use or affirmative acceptance of the Services and continue while you use the Services, maintain an account, or have an active subscription, as applicable. You may cease use at any time. DST may suspend or terminate access as provided in these Terms, including for breach, non-payment, fraud, legal requirement, abuse, or risk to security. Subscription cancellation and account deletion may be separate actions and must be completed through the applicable channel. Refunds, if any, will be determined under these Terms, applicable purchase disclosures, app-store rules, and applicable law.

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

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, except that non-waivable rights and consumer protections applicable to you remain in effect.

Except for disputes that qualify for small-claims court and claims for public injunctive relief or other remedies that applicable law does not permit to be waived or required to be resolved through individual arbitration, any dispute, claim, or controversy arising out of or relating to the Services, these Terms, or their breach, termination, enforcement, interpretation, or validity will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and Mediation Procedures then in effect.

Arbitration will ordinarily be conducted remotely unless an in-person hearing is required or appropriate under the AAA Rules or applicable law. The location of any required in-person proceeding will be determined in accordance with the AAA Rules and applicable law. Judgment on an arbitration award may be entered in any court having jurisdiction.

To the fullest extent permitted by law, arbitration will proceed only on an individual basis and not as a class, collective, consolidated, or representative proceeding. To the extent permitted by law, each party waives the right to a jury trial for claims subject to arbitration.

Either party may seek temporary or injunctive relief in a court of competent jurisdiction where necessary to protect intellectual property, confidential information, security, or prevent unauthorized access. Nothing in this Section limits any right to seek public injunctive relief or another remedy that applicable law does not permit to be waived.

Arbitration Opt-Out. You may opt out of this arbitration agreement by sending written notice to legal@diamondstartech.com within thirty (30) days after first accepting these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you elect to opt out of arbitration.

If any portion of this Section is found unenforceable, it will be enforced to the maximum extent permitted by law and the remainder will remain effective.

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

These Terms, together with any purchase-specific terms or supplemental guidelines expressly incorporated into them, constitute the entire contractual agreement concerning use of the Services and supersede prior understandings on that subject. DST’s Privacy Policy is a separate notice governing DST’s privacy practices and does not form part of these Terms merely because it is referenced here. Nothing in these Terms excludes, restricts, or modifies rights you may have under applicable consumer-protection, privacy, data-protection, health-data, or other laws that cannot lawfully be excluded or waived by contract.

24. APP-STORE DISTRIBUTION & ADDITIONAL MOBILE TERMS

24.1 Apple App Store – Custom EULA Minimum Terms

If KarbCoach is distributed through Apple’s App Store and these Terms are designated as the applicable custom end-user license agreement, you and DST acknowledge that these Terms are concluded between you and DST only, and not with Apple. DST, not Apple, is solely responsible for KarbCoach and its content.

The license granted to you for the iOS application is a non-transferable license to use KarbCoach on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including Apple-authorized Family Sharing or volume-purchasing access where applicable.

DST is solely responsible for maintenance and support services for KarbCoach to the extent required by these Terms or applicable law. Apple has no obligation to provide maintenance or support.

To the extent any warranty cannot lawfully be disclaimed and KarbCoach fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any, for the Licensed Application as provided by Apple’s rules. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to KarbCoach. DST is responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to an applicable warranty.

DST, not Apple, is responsible for addressing claims relating to KarbCoach or your possession or use of it, including product-liability claims, claims that KarbCoach fails to conform to an applicable legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar law, in each case subject to these Terms and applicable law.

If a third party claims that KarbCoach or your possession and use of KarbCoach infringes that party’s intellectual-property rights, DST, not Apple, is responsible for investigation, defense, settlement, and discharge of the claim to the extent required by applicable law.

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or 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.

You must comply with applicable third-party terms when using KarbCoach, including applicable wireless-data-service and app-store terms.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS application. Upon your acceptance of these Terms, Apple will have the right to enforce those applicable terms against you as a third-party beneficiary.

24.2 Google Play

If KarbCoach is distributed through Google Play, Google provides the distribution and billing platform but does not become the provider of KarbCoach. DST remains responsible for the application and its content, subject to these Terms and applicable law. Your use of Google Play and purchases made through it are also subject to Google’s applicable terms, billing rules, refund rules, and policies.

25. CONTACT

Diamond Star Technologies, Inc.
Phone: 1-949-229-5908
Legal: legal@diamondstartech.com
Support: support@diamondstartech.com
Privacy: privacy@diamondstartech.com
Security: security@diamondstartech.com

End of Document

© Diamond Star Technologies, Inc.