KETONOIR

Terms of Service

Version 1.4 · Effective 2026-07-22

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING KETONOIR. THEY CONTAIN IMPORTANT INFORMATION INCLUDING A MEDICAL DISCLAIMER, LIMITATIONS OF LIABILITY, A BINDING ARBITRATION CLAUSE, AND A CLASS ACTION WAIVER.

1. Acceptance of Terms

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.

2. Eligibility

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

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

3. Medical Disclaimer

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:

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.

KetoNoir is not a medical device and does not diagnose, treat, cure, or prevent any disease. Any biomarker you track in the Service, including body weight, blood glucose, ketones, blood pressure, and blood lipids (total cholesterol, LDL, HDL, and triglycerides), is stored for your own personal, informational tracking only, and is not a clinical measurement or a diagnosis. Discuss any abnormal, unexpected, or concerning reading, for example elevated blood pressure or an out-of-range lipid result, with a qualified healthcare provider. Do not start, stop, or change any medication based on values tracked in the Service.

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

4. AI Coaching Feature

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

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.

The AI coach can create log entries in your account, including food-log entries and biomarker entries (weight, blood glucose, ketones, blood pressure, and lipid values), but only when you ask it to and confirm the entry. These entries are a record-keeping convenience. You are responsible for the accuracy of the values you provide. They are not a medical record, a laboratory report, or a substitute for measurements taken and interpreted by a qualified healthcare provider, and the coach does not diagnose or clinically interpret blood pressure or lipid results.

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

5. Account Registration

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

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

6. Subscriptions and Billing

6.1 Freemium Model

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

6.2 Subscription Fees

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.

6.3 Automatic Renewal

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.

6.4 Free Trials

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.

6.5 Refunds

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.

6.6 Price Changes

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.

7. Subscription Terms (KetoNoir Premium)

This Section 7 supplements Section 6 and applies specifically to the KetoNoir Premium auto-renewable subscriptions offered through the Apple App Store and the Google Play Store. Where this Section conflicts with Section 6, this Section controls for Premium subscriptions purchased through a mobile app store.

7.1 Subscription Offerings

KetoNoir Premium is offered as three auto-renewable subscription options:

Current pricing for each option is displayed within the Service at the point of purchase and may vary by country, currency, and tax jurisdiction. The platform operator (Apple or Google) is the merchant of record for all in-app purchases.

7.2 Seven-Day Free Trial

Each subscription option includes a seven (7) day free trial for users who have not previously redeemed a free trial within the same subscription group on the same platform account. During the free trial:

7.3 Billing Cycles and Auto-Renewal

KetoNoir Premium subscriptions auto-renew at the end of each billing cycle until cancelled. Your payment method will be charged the then-current renewal price within 24 hours before the end of the current billing cycle, as required by Apple and Google. You will continue to be billed at the renewal price for each subsequent billing cycle until you cancel.

The duration of each billing cycle is determined by the subscription option you selected (one month for Monthly, one year for Annual and Family Annual). The subscription renews on a rolling basis from the original purchase date or the end of the free trial, whichever is later.

7.4 Cancellation

You may cancel your KetoNoir Premium subscription at any time. Cancellation is handled through the platform operator that processed your original purchase, not by KetoNoir:

Cancellation takes effect at the end of the current billing cycle. You will retain access to KetoNoir Premium features for the remainder of the cycle you have already paid for, and your account will move to the free tier when the cycle ends. KetoNoir cannot cancel your subscription on your behalf for Apple or Google purchases; the platform operator is the merchant of record and controls the cancellation flow.

7.5 Refunds

KetoNoir does not directly process refunds for subscriptions purchased through the Apple App Store or the Google Play Store. All refund requests for such subscriptions must be submitted to the platform operator that processed the original transaction:

Where you have a non-waivable statutory right to a refund (for example, the European Union “right of withdrawal” within 14 days of purchase), nothing in this Section limits that right.

7.6 Family Plan Eligibility

The Premium Family Annual subscription is available only through the Apple App Store at launch and is intended to be shared with up to five (5) members of your Apple Family Sharing group, in addition to the purchasing account. To share Premium Family Annual:

Family plan availability through the Google Play Store and through the web (Stripe) channel is not offered in v1.1. We may offer additional family or multi-user subscription options in future releases of the Service.

7.7 Price Changes

We may change subscription prices at any time. Where required by applicable law and platform operator policy, we will provide notice of any price increase at least thirty (30) days in advance of the renewal that the new price will apply to. Notice will be sent to the email address associated with your KetoNoir account.

Where the platform operator requires affirmative consent to the new price before charging the renewal (as is the case for material price increases under Apple App Store and Google Play Store policies), you will be prompted to accept the new price through the platform operator’s interface. If you do not affirmatively consent, your subscription will not renew at the new price and will terminate at the end of the current billing cycle.

For non-material price changes that do not require affirmative consent under platform operator policy, continued use of the Service after the price change constitutes acceptance of the new price.

7.8 Platform Operator Terms

In addition to these Terms, your KetoNoir Premium subscription is subject to the terms of the platform operator through which you purchased it:

Where the platform operator’s terms conflict with these Terms with respect to billing, renewal, cancellation, or refund handling for an in-app subscription, the platform operator’s terms control for that subscription.

8. Acceptable Use

You agree not to:

9. Intellectual Property

9.1 Our Rights

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.

9.2 Limited License

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.

9.3 User Content

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.

9.4 Feedback

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.

10. Disclaimers and Limitation of Liability

10.1 “As Is”

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.

10.2 No Guaranteed Outcomes

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

10.3 Limitation of Liability

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).

11. Indemnification

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.

12. Termination

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.

12.1 What Happens to Your Data on Subscription Cancellation

Cancelling a KetoNoir Premium subscription is not the same as deleting your account. When your Premium subscription ends (whether by cancellation, expiration of the billing cycle following cancellation, expiration of the free trial without conversion, or non-renewal following a billing failure), the following applies:

12.2 Termination by Us for Cause

If we terminate or suspend your account for material violation of these Terms (including but not limited to providing false information during the in-app health screening, attempting to defraud the payment system, or violating the Acceptable Use clause), you may forfeit access to any unused portion of a paid billing cycle, and you will not be entitled to a refund of fees paid for the current cycle except where required by applicable law.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

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.

13.2 Binding Arbitration

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.

13.3 Class Action Waiver

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.

13.4 Exceptions

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

13.5 Opt-Out

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

14. Governing Law

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.

15. Changes to These Terms

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.

16. App Store Terms

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, including the Apple Media Services Terms and Conditions and the Standard End User License Agreement for Licensed Applications.

If you download the Service through the Google Play Store, you agree to comply with all Google Play terms applicable to your use, including the Google Play Terms of Service and the Google Play subscription policy.

The platform operator’s terms apply in addition to these Terms. Where Section 7 (Subscription Terms) of these Terms conflicts with the platform operator’s terms with respect to billing, renewal, cancellation, refunds, or family plan eligibility for an auto-renewable subscription purchased through that platform, the platform operator’s terms control for that subscription.

17. Miscellaneous

18. Contact Us

For questions about these Terms, contact:

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