Terms and Conditions – advanced-cognitions.com

1. LEGAL INSTRUMENT & INCORPORATION BY REFERENCE

This combined Master Subscription Agreement, Terms of Use, End‑User Licence Agreement (“EULA”), and Privacy Charter (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 child 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 Charter 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 (a) ingests user‑provided or sensor‑derived data concerning foods, beverages, biometrics, behaviours, and locations; (b) maps such inputs to proprietary databases of macro‑ and micro‑nutrient profiles; and (c) surfaces estimated nutrient loads, glycaemic impact projections, dietary pattern analytics, and behaviour‑change nudges (“Indicative Content”).

NO GUARANTEE OF ACCURACY. All nutrient values, caloric estimates, health indicators, or behavioural predictions are probabilistic, model‑driven approximations that may be incomplete, outdated, or erroneous. They are intended solely as general educational references – not as clinical nutrition facts, medical advice, or regulatory food labelling.

MANDATORY PROFESSIONAL SUPERVISION. You may not utilise the Platform unless you are actively under the supervision of duly licensed physicians and registered dietitians/nutritionists (“Supervising Professionals”) appropriate to your jurisdiction and health status. DST does not confirm or monitor your compliance; you bear exclusive responsibility for ensuring qualified oversight.

3. REGULATORY & COMPLIANCE POSITION

Not a Medical Device. KarbCoach is offered as a lifestyle education tool under 21 C.F.R. § 880.6310(c)(5) (U.S.) and equivalent global exemptions. It is not cleared or approved by the U.S. FDA, EU MDR, or any health authority as a diagnostic or therapeutic device.
GDPR Representation. DST is both a “Controller” and “Processor” of personal data under Regulation (EU) 2016/679 (“GDPR”). We have appointed a Data Protection Officer (“DPO”) reachable at privacy@karbcoach.app.
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 personalised feature of the Services, you must register and maintain an active Member Account within the KarbCoach Platform.

4.1 Eligibility Declarations

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

Capacity. You are at least eighteen (18) years of age, of sound mind, and possess full legal capacity to enter into this Agreement. Minors (13‑17) require verifiable parental consent and oversight by Supervising Professionals. Children under 13 are prohibited.
Legal Compliance. You are not (a) located in a country subject to U.S. embargoes, (b) on any U.S. Government or EU sanctions list, or (c) otherwise barred from receiving the Services under applicable export‑control, privacy, or health‑care regulations.
Contractual Authority. If you act on behalf of an Organisation, you have been duly authorised to bind such entity and the term “you” herein shall include the Organisation and its end users.

4.2 Registration Data – Accuracy & Maintenance

You agree to provide true, accurate, current, and complete information about yourself (including legal name, contact details, demographics, and health profile) 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.

Verification. DST reserves the right to require email, SMS, photo‑ID, or professional‑credential verification, and may suspend or refuse accounts until such verification is complete.

4.3 Credential Security & Session Hygiene

Upon successful registration, the Platform will generate or prompt you to create a User ID, password, and/or multi‑factor authentication token (collectively, “Credentials”). You must:

Treat Credentials as strictly confidential and not share them with any third party;
Log out or terminate sessions at the end of each use;
Immediately notify DST at security@karbcoach.app of any suspected unauthorised 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 (a) suspend, (b) place in read‑only mode, or (c) permanently delete any Member Account, 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 reasonable reminders; or
Continued use poses legal, regulatory, or security risks.

Where feasible, DST will attempt to provide 24‑hours’ advance notice via your registered email before deletion. Post‑deletion, all personal data will be handled per the retention rules in Section F of the Privacy Charter.

4.5 Information Sharing Consent

By creating a Member Account you expressly consent to DST’s use and disclosure of registration data to:
(a) cloud-hosting and analytics processors,
(b) Supervising Professionals you connect,
(c) payment gateways, and
(d) affiliates or acquirers,
for purposes consistent with this Agreement. See Privacy Charter Section D for full details.

4.6 User Environment, Connectivity & Third‑Party Dependencies

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 Services. DST does not provide internet access, mobile data, or device support.
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.
Shared Devices & Accounts. If you permit another person to use your device or your Credentials, you must ensure they have read and agree to this Agreement. You remain jointly and severally liable for all actions taken under your account.
Indemnity for Misuse. You will indemnify DST against claims and damages arising from (i) unauthorised use of the Services via your environment, (ii) malware introduced by your equipment, or (iii) non‑compliance by secondary users you allowed.

4.7 Membership Privileges & Communication Consent

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

Posting of meal logs, comments, and feedback;
Receipt of feature‑change notices, policy updates, or security alerts;
Access to paid marketplaces or third‑party integrations (e.g., recipe bundles, biomarker labs); and
Eligibility for promotional offers.

By providing your email address and/or mobile number, you explicitly authorise DST to:

Send service‑related notices (including legal updates) electronically in lieu of postal mail;
Place phone calls or SMS/MMS messages for onboarding, progress check‑ins, or promotional purposes;
Use your contact details to fulfil marketplace orders or coordinate with delivery partners.

Opt‑Out Mechanism. You may withdraw marketing consent at any time via in‑app settings or by emailing unsubscribe@karbcoach.app. Operational or legal notices are transactional and cannot be fully opted out while your account remains active.

Do‑Not‑Call Registry. By providing a mobile number you certify that the number is not listed on any national or local Do‑Not‑Call registry, or, if it is, you nevertheless consent to DST communications. You agree to indemnify DST for any penalties or claims arising from breach of this certification.

4.8 Right to Refuse or Terminate Access

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.

4A. ACCESS & SERVICE MODIFICATIONS

Access to any element of the Platform—including mobile applications, APIs, dashboards, embedded widgets, content repositories, algorithms, data layers, and ancillary websites (collectively, “Services”)—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, Acceptable Use confirmations, subscription upgrades, or revisions to this Agreement.

No Availability Guarantee. DST makes no representation that the Services 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 Services inaccessible.

Partial Suspension. DST may, in its sole discretion, restrict access to certain modules (e.g., barcode scanner, AI recipe generator, or macro‑trend analytics) to registered Users, paying subscribers, or Users located in territories with requisite regulatory approvals.

4A.1 User Obligations While Accessing Services

DST permits you to access the Services 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 Services or Indicative Content in any medium whatsoever without DST’s prior written consent.
No Unauthorised 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 “Section 6 – Permitted & Prohibited Conduct” and all other stipulations of this Agreement, as updated.

Violation of this clause constitutes a material breach and may lead to immediate suspension or termination under Section 16.

5. GRANT OF LICENCE

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 licence to (a) install one copy of the KarbCoach mobile application on a single personal device, and (b) access hosted services via permitted interfaces, solely for personal, non‑commercial use.

No other rights are granted. All intellectual property rights, title, and interest in the Platform, Indicative Content, and underlying databases remain with DST and its licensors.

6. PERMITTED & PROHIBITED CONDUCT

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

6.1 Prohibited Behaviour

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

Infringe Intellectual Property – Upload, share, or transmit content that infringes or misappropriates patents, trademarks, trade secrets, copyright, publicity, or privacy rights.
Harass or Defame – Publish material that is libellous, slanderous, harassing, threatening, or defamatory toward any individual or group.
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.
Obscenity & Sexual Exploitation – Share pornography, sexual services advertisements, or content that exploits or endangers minors.
Graphic Violence – Display gratuitous gore or content that glorifies physical injury or death.
Illicit Behaviour 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.
Medical Misinformation – Disseminate advice or data that is knowingly medically inaccurate, dangerous, or conflicts with recognised clinical guidelines without clear peer‑reviewed evidence.
Malware & Interference – Introduce viruses, worms, trojans, time bombs, spyware, or any code that disrupts, damages, or limits Platform functionality or that of users’ devices.
Spam & Manipulation – Engage in bulk messaging, phishing, social‑engineering, or any scheme to manipulate rankings, reviews, analytics, or feedback mechanisms.
Impersonation & Misrepresentation – Impersonate any person or entity, falsely state affiliations, or forge headers or identifiers to disguise content origin.
Data Harvesting – Scrape, crawl, spider, or cache the Platform or Indicative Content without DST’s express written permission.
Reverse Engineering – Decompile, decode, or attempt to extract source code, trade secrets, or information underlying any algorithm or database.
Unauthorised Resale – Lease, resell, sublicense, monetise, or commercially exploit any portion of the Services beyond the personal licence granted.
Circumvent Security – Bypass or tamper with authentication, digital‑rights management, rate limits, or other protective technologies.
Disallowed Health Claims – Make or advertise unsubstantiated therapeutic or nutritional claims using Platform outputs.
Marketplace Misconduct – Post fraudulent listings, counterfeit goods, or manipulate payment flows or refund policies.

6.2 Content Standards

All User Material must be:

Accurate where factual and genuinely held where opinion;
Compliant with applicable local, state, national, and international law, regulations, and industry guidelines (e.g., FDA, FTC, GDPR);
Relevant to the nutrition, wellness, or behavioural topics under discussion.

6.3 Enforcement & Remedies

DST may, in its sole discretion, take any action deemed necessary to enforce this Section, including:

Immediate removal or filtering of offending content;
Suspension or termination of offending accounts;
IP address or device-ID blocking;
Disclosure of infringing activity to law enforcement;
Pursuit of damages and injunctive relief.

Repeated or egregious violations may result in permanent bans, referral to regulatory bodies, and civil or criminal prosecution.

6.4 Technical & Infrastructure Restrictions

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

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

Violation of any subsection of 6.4 constitutes a material breach and may trigger immediate termination under Section 16, plus civil and/or criminal liability.

6.5 RIGHTS RESERVED BY DST

DST retains, without limitation, the following rights which may be exercised at any time, at its sole discretion, and without incurring liability to you or any third party:

Disclosure of User Identity. To disclose your identity, account details, and contact information to any third party who presents prima‑facie evidence that your User Material violates their intellectual‑property or privacy rights.
Monitoring & Investigations. To monitor, audit, log, and preserve activity on the Services and to investigate suspected violations of this Agreement, cooperating with law‑enforcement or regulatory bodies where appropriate.
Content Moderation. To pre‑screen, flag, filter, edit, refuse, shadow‑ban, or permanently remove any content (including User Material, account profiles, or marketplace listings) that DST deems, in its sole judgment, to violate law, regulation, or Platform policy or that may expose DST or Users to harm.
Access Termination. To suspend or terminate access, throttle bandwidth, place accounts in read‑only mode, or revoke licences for breach, fraud, non‑payment, dormancy, or for any other reason deemed necessary to protect DST’s interests.
Price & Feature Changes. To introduce new fees, modify existing prices, discontinue discounts, or realign feature bundles upon at least thirty (30) days’ electronic notice. Continued use post‑notice constitutes acceptance.
Security Enforcement. To implement automated rules, rate‑limits, CAPTCHA challenges, device fingerprinting, or geo‑blocking to mitigate spam, scraping, or malicious traffic.
Legal Compliance. To access, read, preserve, and disclose any data that DST reasonably believes is necessary to (a) satisfy applicable law, subpoena, or court order; (b) enforce this Agreement; (c) detect, prevent, or address fraud, security, or technical issues; or (d) protect the rights, property, or safety of DST, its Users, or the public.
No Obligation to Monitor. While DST reserves the foregoing powers, it assumes no affirmative duty to monitor the Services and shall not be liable for the exercise or non‑exercise of these rights.

Consequences of Breach & Content Violations. Actions DST may take include warnings, temporary suspensions, permanent bans, deletion of content, recovery of investigative costs, pursuit of injunctive relief, and referral to competent authorities. All licences granted hereunder immediately terminate upon account suspension or closure.

6.6 CONTENT RESPONSIBILITY & EXTERNAL MATERIAL

6.6.1 User-Originated Content

The Platform enables you to upload, record, link, stream, or otherwise transmit data files, written text, recipes, photos, biometrics, videos, or any other materials (collectively “User Content”). You, not DST, are solely responsible for the origin, accuracy, legality, and consequences of all User Content you submit or distribute through the Services. DST does not pre-approve or endorse User Content.

Licensing Representation. You affirm that you own or possess the necessary licences, permissions, or consents to upload and process any User Content and that such submission will not infringe or misappropriate any third‑party rights.

6.6.2 Third‑Party & External Content

Search results, hyperlinks, in‑app articles, or marketplace listings may reference or embed content from external websites, vendors, advertisers, or user communities (“External Content”). DST does not control External Content and disclaims all responsibility for: (a) its legality, accuracy, timeliness, or completeness; (b) any offence or harm it may cause; or (c) any transaction you enter into with such third parties. Your interactions with linked sites or vendors are governed solely by their terms.

6.6.3 Marketplace Vendor Content

The Marketplace aggregates offerings from independent vendors who post product images, descriptions, pricing, and claims. DST acts only as a neutral platform provider and assumes no liability for the authenticity, quality, safety, labelling, regulatory compliance, or efficacy of vendor products or claims. All disputes regarding orders, warranties, or misrepresentation must be resolved directly with the vendor.

6.6.4 Monitoring, Removal & Reliance

DST may—but is under no obligation to—monitor, screen, or remove User Content or External Content. Your reliance on any content retrieved through the Services is at your own risk. You acknowledge that:

The Services may expose you to content that is inaccurate, offensive, indecent, or objectionable;
DST will not be liable for any loss or damage incurred as a result of such exposure; and
You are responsible for implementing safeguards (e.g., content filters, parental controls) suitable to your environment.

6.6.5 Technical Transmission

You understand that the technical processing and transmission of User Content may occur unencrypted over various networks and may involve adjustments to conform to technical requirements of connecting networks or devices. DST is not responsible for alteration, corruption, or loss of User Content during such transmissions.

7. 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 with ≥30 days’ email notice; continued use after the effective date constitutes acceptance.
Taxes. You are responsible for all applicable sales, VAT, GST, duties, and similar taxes, excluding DST income taxes.

8. THIRD‑PARTY CONTENT, LINKS & MARKETPLACE

The Platform may display third‑party meal plans, supplements, devices, or hyperlinks (“Third‑Party Offerings”). DST does not endorse or guarantee such Offerings and bears no liability for actions, omissions, quality, or content of third‑party vendors. Transactions with third parties are solely between you and the third party.

9. USER‑SUBMITTED MATERIAL

Licence. By uploading or generating any data, diary entry, photo, recipe, feedback, or other material (“User Material”), you grant DST a worldwide, perpetual, irrevocable, royalty‑free, transferable licence to host, process, analyse, distribute, create derivative works, and commercialise such User Material in any media, subject to the Privacy Charter.
Moral Rights. To the maximum extent permitted by law, you waive all moral rights in User Material.

10. DATA GOVERNANCE & PRIVACY CHARTER

The Privacy Charter (see Section 25) sets forth detailed disclosures regarding categories of personal data collected (identifiers, biometric data, nutrition logs, geolocation, in‑app behaviour, device metadata, etc.), lawful bases of processing (contract, consent, legitimate interests, legal obligation), data transfers, retention schedules, data subject rights, security measures, and supervisory authority contacts. The Privacy Charter forms an integral part of this Agreement.

11. MEDICAL & NUTRITIONAL DISCLAIMER

Informational Only. The Platform and Indicative Content are provided for informational, non‑diagnostic purposes. DST does not provide medical services, medical nutrition therapy, or professional dietetic counselling.
Professional Oversight Required. You represent that you are actively consulting Supervising Professionals who will interpret all nutrient estimates, behavioural nudges, and trend analyses produced by the Platform. You shall not act on Platform outputs without professional validation.
Emergency. In a medical emergency, call 911 (U.S.) or local emergency services. The Platform is not monitored for crisis intervention.

12. 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.

12.1 Marketplace & Advertiser Dealings

Your correspondence or business dealings with, or participation in promotions of, advertisers or Marketplace vendors—including payment, fulfilment, delivery, return logistics, refunds, warranties, or representations—occur solely between you and such advertiser or vendor. DST is not a party to these transactions and will not mediate disputes. You waive any claim against DST for losses arising from vendor misconduct, misrepresentation, product defects, delivery failures, chargebacks, or promotional discrepancies.

12.2 External Links & Embedded Resources

The Services 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. Your access to External Resources is entirely at your own risk and governed by the third party’s terms.

12.3 No Medical or Nutrition Warranty

The Platform, Indicative Content, and any text, audio, video, image, or interactive feature are provided for informational and educational purposes only and do not constitute: (a) medical advice or diagnosis, (b) medical nutrition therapy, (c) treatment recommendations, or (d) the practice of medicine, dietetics, or pharmacy. Always consult qualified physicians, registered dietitians, and other licensed professionals before initiating or modifying any diet, exercise, supplement, or medical programme. Never disregard professional advice or delay seeking it because of Platform information.

12.4 No Regulatory Endorsement

Unless expressly stated, statements about foods, supplements, devices, or biomarkers have not been evaluated by the U.S. Food & Drug Administration, European Medicines Agency, or comparable regulators. Products are not intended to diagnose, treat, cure, or prevent any disease. Nutrient data are approximations from third‑party databases and may differ from laboratory assays or nutrition-label mandates.

12.5 Platform Performance & Availability

DST does not guarantee that:

the Services will meet your specific requirements;
the Services will be uninterrupted, timely, secure, or error‑free;
results obtained from the Services will be accurate, reliable, or complete;
dietary recommendations will lead to any health or weight‑management outcome;
any errors will be corrected; or
the Services are free of viruses or other harmful components.

12.6 Age, Fitness & Health Preconditions

If you are over 35 years of age, have been physically inactive for over 12 months, are pregnant or lactating, or have any medical history that could elevate risk—including but not limited to heart disease, hypertension, hyper‑cholesterolaemia, diabetes, obesity, arthritis, bone/joint disorders, or prior exertional dizziness—you must obtain written clearance from a licensed healthcare provider before utilising the Platform. Discontinue any exercise or dietary change that causes pain, faintness, or severe discomfort, and seek medical attention immediately.

DST reserves the right to deny or terminate access if, in its sole judgment, your medical condition presents an unacceptable risk.

12.7 Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY OF ANY KIND. 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.

12.8 Limitation on Liability for Content

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

12.9 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.

13. RISK ASSUMPTION & RELEASE

You acknowledge that nutrition tracking and behaviour modification involve inherent risks (e.g., hypoglycaemia, 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.

14. INDEMNITY, LIABILITY CAPS & OFFENCE CONSEQUENCES

14.1 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, Services, or Marketplace;
Your breach of this Agreement, the Privacy Charter, or applicable law;
Your User Content (including claims of defamation, infringement, privacy invasion, or deceptive marketing);
Transactions or disputes between you and Marketplace vendors, advertisers, or other third parties;
Injury or property damage attributable to dietary, fitness, or supplement 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 defence and control of any indemnified matter, in which case you agree to cooperate in asserting available defences.

14.2 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, business interruption, or anticipated savings, even if advised of the possibility.
Aggregate Cap. The aggregate liability of the DST Parties arising out of or in connection with the Services shall not exceed the greater of (a) the total amount you paid to DST for Platform access in the twelve (12) months preceding the event giving rise to liability, or (b) US $100.
Basis of the Bargain. The price charged for the Services reflects this allocation of risk and the exclusion/cap on damages.
Jurisdictional Limits. Some jurisdictions do not allow certain exclusions or limitations; in such cases, DST’s liability will be limited to the maximum extent permitted by law.

14.3 Technology, Security & Force‑Majeure Disclaimers

Viruses and Attacks. You assume all risk of viruses, malware, denial‑of‑service attacks, supply‑chain compromises, or other technological threats. DST is not liable for damage to hardware, software, or data resulting therefrom.
No Duty to Police. DST has no affirmative obligation to monitor, police, or remove unlawful material, though it reserves rights to do so.
Force Majeure. DST shall not be liable for non‑performance caused by events beyond reasonable control, including natural disasters, war, terrorism, strikes, embargoes, governmental actions, power failures, or Internet outages.

14.4 Offences, Fraud & Network Abuse

Misuse of the Platform—such as introducing malicious code, unauthorised 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.

15. SECURITY, ENCRYPTION & USER RESPONSIBILITIES

15.1 Technical & Organisational Safeguards

DST operates an ISO 27001–aligned security programme that incorporates administrative, technical, and physical controls, including but not limited to:

Encryption in Transit & at Rest – All inbound/outbound API calls are protected by TLS 1.3; databases employ AES‑256 encryption at rest.
Zero‑Trust Architecture – Micro‑segmented VPCs, least‑privilege IAM roles, short‑lived access tokens, and hardware‑based key management (HSM/KMS).
Multi‑Factor Authentication (MFA) for internal admin consoles and privileged production operations.
Continuous Monitoring & SIEM – 24×7 centralized log collection, anomaly detection, and automated incident‑response playbooks.
Regular Penetration Tests & Bug‑Bounty Programme conducted by independent security researchers.
Secure Development Lifecycle (SDLC) – Static/dynamic code analysis, security unit tests, and peer review prior to deployment.
Data‑Residency Controls – Region‑locked storage clusters for EU/EEA users, subject to GDPR requirements and Standard Contractual Clauses for onward transfers.

15.2 No Absolute Security Guarantee

Despite these commercially reasonable safeguards, no Internet, mobile, or cloud system can be guaranteed 100 % secure. Threats such as zero‑day exploits, state‑sponsored attacks, advanced persistent threats (APTs), credential‑stuffing, spoofed domains, social‑engineering, supply‑chain compromises, side‑channel attacks, physical theft, and force‑majeure events may defeat even industry‑standard defences.

WE THEREFORE PROVIDE THE PLATFORM “AS IS” WITH RESPECT TO DATA SECURITY. DST makes no warranty—express or implied—that (a) the Platform or any hosting provider is invulnerable to intrusion, (b) data will remain intact, virus‑free, or private, or (c) encryption or other safeguards can guarantee confidentiality in all scenarios.

15.3 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 MFA where offered.
Notify DST immediately at security@karbcoach.app upon suspicion of unauthorised access, phishing, or data leakage.
Secure end‑user environments—especially in clinical or corporate settings—against shoulder‑surfing, unattended sessions, or rogue applications.
Refrain from storing plain‑text credentials or exporting sensitive data to insecure channels.

15.4 User‑Provided Integrations

If you authorise third‑party integrations (e.g., fitness trackers, smart scales, EHR systems), 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 posture.

15.5 Incident Response & Notification

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

Conduct prompt containment and forensic investigation;
Notify affected users and authorities within legally prescribed timelines; and
Provide remediation guidance.

15.6 Disclaimer of Liability

DST is not liable for losses—tangible or intangible—arising from: (a) sophisticated cyber‑attacks beyond reasonable control, (b) vulnerabilities intrinsic to third‑party libraries, hosting providers, or mobile OS platforms, (c) user negligence or failure to implement recommended controls, or (d) force‑majeure events compromising data integrity or availability.

16. LIMITATION OF LIABILITY

To the maximum extent permitted by law, DST’s aggregate liability arising out of or relating to the Platform shall not exceed the greater of (i) amounts paid by you to DST in the six (6) months preceding the claim, or (ii) US $100.

In no event shall DST be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, loss of data, or health complications, even if advised of the possibility.

17. TERM & TERMINATION

This Agreement commences upon your first use of the Platform and continues until (a) you delete your account and uninstall the app, and (b) outstanding subscriptions expire. DST may suspend or terminate access immediately for breach, non‑payment, legal requirement, or risk to security.

Upon termination, Sections 5–6, 9–15, 18–26 survive.

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.

18. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict‑of‑law principles. Any dispute shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware. Each party waives jury trial. Notwithstanding the foregoing, DST may seek injunctive relief in any jurisdiction to protect its IP or confidential information.

19. FORCE MAJEURE

DST is excused from performance for any delay or failure caused by events beyond reasonable control, including pandemic, natural disaster, war, cyber‑attack, utility outage, or governmental action.

20. ASSIGNMENT

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

21. 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.

22. ENTIRE AGREEMENT

This Agreement, including the Privacy Charter and any supplemental guidelines posted within the Platform, constitutes the entire agreement and supersedes all prior understandings.

23. CONTACT

Diamond Star Technologies, Inc.
Legal Affairs & Privacy Office
1234 Innovation Way, Suite 500, Wilmington, DE 19801 USA
Email: legal@karbcoach.app | Tel: +1‑302‑555‑0199