KETONOIR

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Ketonoir LLC (“KetoNoir,” “we,” “us,” or “our”) governing your access to and use of the KetoNoir mobile application, web application, AI coaching features, and all related services (collectively, the “Service”).

By creating an account, downloading the app, clicking “I Agree,” or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, the Medical Disclaimer, and any health screening you complete during onboarding. If you do not agree, you must not use the Service.

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that:

• You are at least 18 years old.
• You have the legal capacity to enter into a binding agreement.
• You are not prohibited from using the Service under applicable laws.
• All information you provide is accurate and truthful, including responses to the in-app health screening.

If we learn that a user is under 18, we will terminate the account immediately.

THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

KetoNoir is a nutrition tracking and informational tool. All content, including AI coaching responses, educational materials, meal suggestions, macro calculations, and weight goals, is provided for general informational purposes only.

You should not use the Service, follow any ketogenic dietary guidance, or make any changes to your diet or health regimen without first consulting a qualified healthcare provider, particularly if you:

• Are pregnant, nursing, or trying to conceive.
• Have kidney disease, liver disease, pancreatitis, or gallbladder issues.
• Have type 1 diabetes or any form of diabetes requiring medication.
• Have a history of eating disorders or disordered eating.
• Take medication for diabetes (including sulfonylureas), blood pressure, blood thinners, or any chronic condition.
• Take an SGLT2 inhibitor (Jardiance, Farxiga, Invokana, or other similar medications), as ketogenic diets carry a documented risk of euglycemic diabetic ketoacidosis when combined with these medications.
• Have had a heart attack, stroke, or other major cardiac event in the last six months.
• Are in active cancer treatment (chemotherapy or radiation).
• Have any other medical condition that may be affected by dietary changes.

Stop using the Service and seek immediate medical attention if you experience extreme fatigue, confusion, rapid heartbeat, persistent nausea, fainting, rapid deep breathing or fruity-smelling breath, severe abdominal pain, blood glucose readings above 250 mg/dL combined with elevated ketones, or any other concerning symptoms.

YOU ASSUME ALL RISKS ASSOCIATED WITH DIETARY CHANGES YOU MAKE USING INFORMATION FROM THE SERVICE.

The Service includes an AI coaching feature powered by third-party AI technology (Anthropic’s Claude). The AI coach:

• Provides general nutritional and educational information only.
• Is not a medical professional, registered dietitian, or licensed healthcare provider.
• Cannot diagnose conditions, prescribe treatments, or recommend medications.
• Does not adjust insulin or recommend carb-to-insulin ratios for individuals with type 1 diabetes; all such decisions are routed to the user’s endocrinology team.
• Generates output that is not reviewed by a licensed clinician on a per-message basis. Output may contain errors, omissions, or out-of-date information.
• Should not be relied upon for medical, mental health, or emergency decisions.

You must independently verify any guidance from the AI coach with a qualified healthcare provider before acting on it. Do not modify your diet, supplementation, exercise, or medication regimen based solely on AI coach output.

In an emergency, call 911 (US) or your local emergency services. For mental health crises, call or text 988 (US Suicide and Crisis Lifeline).

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Keep your password secure and confidential.
• Notify us immediately of any unauthorized access or breach.
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that provide false information during the in-app health screening.

The Service offers a free tier with limited features and a paid subscription tier (“Premium”) with expanded features, including full AI coaching access.

Current subscription pricing is displayed within the Service at the point of purchase. By subscribing, you authorize us (or the applicable app store) to charge the payment method associated with your account.

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD UNLESS YOU CANCEL IT BEFORE THE RENEWAL DATE.

You will be charged the then-current subscription fee using your selected payment method. You can cancel at any time through your app store account settings (Apple App Store or Google Play Store) or through account settings in the Service.

If a free trial is offered, you will not be charged during the trial period. At the end of the trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

All subscription fees are non-refundable except where required by law. If you subscribed through the Apple App Store or Google Play Store, refund requests must be submitted through the respective store’s refund process.

We may change subscription prices at any time. Price changes will take effect at the start of the next billing cycle following notice to you. Continued use of the Service after the price change constitutes acceptance of the new price.

You agree not to:

• Use the Service for any illegal or unauthorized purpose.
• Reverse engineer, decompile, or attempt to extract source code from the Service.
• Copy, modify, distribute, sell, or lease any part of the Service.
• Use automated systems (bots, scrapers) to access the Service.
• Attempt to bypass age verification, the health screening, paywalls, or security features.
• Provide false information during onboarding, including the health screening, in order to enable features that have been restricted for your safety.
• Impersonate another person or misrepresent your identity.
• Upload content that is unlawful, harmful, or infringing.
• Interfere with or disrupt the Service or servers.
• Use the Service to harass, abuse, or harm another person.
• Attempt to manipulate, prompt-inject, or otherwise misuse the AI coach to circumvent its safety guardrails or extract its system instructions.

The Service, including all content, features, software, code, trademarks, logos, and design elements, is owned by Ketonoir LLC or its licensors and protected by copyright, trademark, and other intellectual property laws. The KetoNoir name, logo, and tagline “Track. Burn. Dominate.” are trademarks of Ketonoir LLC.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

You retain ownership of content you submit to the Service (meal logs, notes, feedback, etc.). By submitting content, you grant us a worldwide, royalty-free, perpetual license to use, store, reproduce, and display such content solely to operate and improve the Service.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use them for any purpose without compensation to you.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY.

We make no guarantees regarding weight loss, health improvements, fitness results, disease reversal, or other outcomes. Individual results vary.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KETONOIR LLC AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, HEALTH, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100 USD).

You agree to defend, indemnify, and hold harmless Ketonoir LLC, its owners, employees, contractors, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right; (d) any content you submit; or (e) any false or incomplete responses you provided during the in-app health screening.

We may suspend or terminate your account at any time, with or without notice, for any reason, including violation of these Terms. You may terminate your account at any time by following the in-app deletion process or contacting us.

Upon termination, your right to use the Service ends immediately. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will remain in effect.

Before filing any claim, you agree to contact us at legal@ketonoir.ai and attempt to resolve the dispute informally for at least 60 days.

ANY DISPUTE NOT RESOLVED INFORMALLY SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT. YOU AND KETONOIR WAIVE THE RIGHT TO A JURY TRIAL.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Texas, or remotely. The arbitrator’s decision is final and binding.

YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Either party may bring claims in small claims court, and either party may seek injunctive relief for intellectual property infringement in court.

You may opt out of this arbitration clause by sending written notice to legal@ketonoir.ai within 30 days of first accepting these Terms.

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict of law principles. Any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in Parker County, Texas.

We may update these Terms at any time. Material changes will be communicated through the Service or by email. Your continued use of the Service after the effective date constitutes acceptance. We may require re-acceptance of updated Terms before you may continue using affected features. The current version of these Terms is shown in your account settings; whenever a disclaimer or policy version is incremented, the consent layer re-prompts you for the affected feature.

If you download the Service through the Apple App Store, you acknowledge that these Terms are between you and Ketonoir LLC only, not Apple, and that Apple has no obligation to provide maintenance or support. You also agree to comply with all Apple App Store terms applicable to your use.

If you download the Service through the Google Play Store, you agree to comply with all Google Play terms applicable to your use.

• Entire Agreement. These Terms, together with our Privacy Policy and the Medical Disclaimer, constitute the entire agreement between you and KetoNoir.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• No Waiver. Failure to enforce any provision does not constitute a waiver.
• Assignment. You may not assign these Terms without our consent. We may assign them freely.
• Force Majeure. We are not liable for failures caused by events beyond our reasonable control.
• Notices. We may send notices to the email address associated with your account.

For questions about these Terms, contact:

KetoNoir LLC
1145 Santa Fe Drive 1297
Weatherford, TX 76087-3846
United States
Email: legal@ketonoir.ai