Diabetes Labs LLC, trading as Diabetes Kit ("Diabetes Kit" or "we"), provides Diabetes Kit software and services (defined collectively as the "Service" in this document) on the Diabetes Kit website and through Diabetes Kit's mobile device applications. By providing your email address and creating an account as a user of the Service (a "User" or "you"), or by otherwise using the Diabetes Kit website or mobile application, you agree to comply with and be bound by the following terms and conditions (this "Agreement"), which we may change at any time by posting notice on the Service. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. If you do not agree to these terms and conditions, please do not use the Service.

1. Registration.

If you download the Service or register as a User, you represent and warrant to Diabetes Kit that: (i) you are of legal age to form a binding contract; (ii) you will provide Diabetes Kit with accurate, current and complete registration information; and (iii) your registration and your use of the Service is not prohibited by law. Diabetes Kit reserves the right to suspend or terminate your registration, or your access to this Service, with or without notice to you, in the event that you breach any term of this Agreement.

2. Minors.

The Service is not directed at users under the age of 18. If you are under the age of 18, you are not permitted to register as a User or use the Service.

3. Ownership of the Service and Related Intellectual Property.

All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Service or used by Diabetes Kit to operate the Service, excluding any User Content (as defined below) is proprietary to us or to third parties. Diabetes Kit expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited..

The mark "Diabetes Kit" is a registered trademark and it may not be used in connection with any service or products other than those provided by Diabetes Kit, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Diabetes Kit. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.

4. Your Registration and User Content.

The information you submit to us as part of your registration, and any data, photographs, text, graphics, video, and other material that you submit or post to Diabetes Kit ("User Content") remain your intellectual property, and Diabetes Kit does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that Diabetes Kit may retain copies of all registration information and User Content and use such information and User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Diabetes Kit Privacy Statement, and you grant Diabetes Kit the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service. Such User Content may be used in marketing campaigns to help provide you with services based on your specific needs.

5. License to Use the Service.

Subject to the terms of this Agreement, Diabetes Kit authorizes you to use the Service for your personal, non-commercial purposes. The Service includes certain premium features and services that Diabetes Kit may offers for a fee ("Premium Services"); you are only authorized to use Premium Services if you have paid the applicable fees. You may not remove any copyright, trademark or other proprietary notices that have been placed in the Service. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Service, or any portion of the Service, is strictly prohibited without the prior written permission of Diabetes Kit. The Service is licensed, not sold, and you obtain no rights in any copy of software related to the Service other than the rights described in this paragraph.

You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any of any such laws.

You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

We retain the right to implement any changes to the Service (whether to unpaid or Premium Services) at any time, with or without notice. You acknowledge that a variety of Diabetes Kit actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Diabetes Kit has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

6.1 Fees and Payment

If you purchase any Premium Services, either on a one-time or subscription basis, you will pay Diabetes Kit the applicable fees and any related taxes (other than taxes on Diabetes Kit's income). Diabetes Kit may change its fees at any time by publishing written notice on the Service. You authorize Diabetes Kit to charge the applicable fees to the payment card that you submit to Diabetes Kit, and agree that Diabetes Kit and any Diabetes Kit Affiliate may store your payment card information. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. If your payment card issuer or bank does not honor charges you have paid using your card, you will remain directly liable to Diabetes Kit for all unpaid amounts. If you fail to pay applicable fees, Diabetes Kit reserves the right to charge interest at the rate of 1.5% per month, or the maximum amount permitted by law (if lower). You may cancel your Premium Services here. You also acknowledge that Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.

You shall pay any taxes, including sales, use, personal property, value-added, excise, customs fees, import duties or stamp duties or other taxes and duties imposed by governmental agencies of whatever kind and imposed with respect to all transactions and Order Forms under this Agreement including penalties and interest but specifically excluding any income taxes payable by FitNow, Inc. Such taxes added to the invoice, as prescribed by applicable law, shall be due and payable by Customer at the time such invoice is payable.

Nonpayment of any fees or other sums due to Diabetes Kit or any other party related to your use of the Service will result in Service termination. We may, at our discretion, also appoint an outside debt collection agency to collect amounts owing to us. You agree to reimburse us for all costs that we incur in enforcing our collection of your unpaid amounts, including debt collection agency fees, reasonable attorneys' and legal fees and court costs.

All overcharges or billing disputes must be reported within 30 days of the time that the dispute occurred. If you dispute a charge to your payment card issuer that, in our reasonable judgement, is a valid charge under the provisions of this Agreement, you agree to pay us an additional charge ("Administration Charge") to investigate the matter. We will refund any such Administrative Charge if our investigation finds that your action in disputing the charge to your card issuer was justified because the charge was not, in fact, a valid charge under the provisions of this Agreement.

6.2 Refund Policy

All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium Services and your rights to use them expire at the end of the paid period of your Premium Services account.

7. Forums, Chat Spaces and Blogs.

A number of features may be introduced into the Service in the future, such as features which allow you to share your log information with friends, and any chat areas and blogs, offer opportunities for sharing information with others (the "Interactive Features"). Diabetes Kit does not edit or control User Content that you and other users post to or distribute through the Interactive Features, and will not be in any way responsible or liable for User Content. Diabetes Kit does not vet or control the Users or other individuals that use the Service or Interactive Features. Diabetes Kit shall not be liable for any loss or damage that any person may suffer as a result of using Interactive Features. All users use the Interactive Features at their own risk. Users should exercise caution in interacting with unknown persons that they meet using the Interactive Features in the same way that they would exercise caution in the physical world.

No user of any Interactive Feature shall:

(a) use an Interactive Feature in violation of, or in connection with any violation of, any local, state, national or international laws;

(b) impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;

(c) except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;

(d) post any material more than once or "spam"; or

(e) engage in any other conduct that restricts or inhibits any other person from using or enjoying any Interactive Feature, User Content, or the Service, or which, in Diabetes Kit's sole judgment, exposes Diabetes Kit or any officer, director, employee or agent of Diabetes Kit (each a "Diabetes Kit Affiliate") to any liability or detriment of any type.

8. Service Restrictions.

No user of this Service shall submit, upload to, distribute through or otherwise post to the Diabetes Kit website (including any Interactive Feature) any material that:

(a) is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;

(b) contains any advertising, promotional, solicitation or other commercial material;

(c) contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;

(d) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;

(e) contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material's readers or others; or

(f) contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

Neither you nor any other party may, without our prior written permission, deep link to, frame, spider, harvest or scrape the Service or User Content, or otherwise access the Service or User Content for any purposes, or use any machine, electronic, web-based or similar device to read or extract the Service or User Content by machine based or automated means.

9. Diabetes Kit Rights

Diabetes Kit reserves the right (but is not obligated) to do any or all of the following:

(a) record User Content;

(b) Investigate an allegation that User Content or User registration information does not conform to the terms and conditions of this Agreement;

(c) remove User Content or User registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;

(d) monitor, edit or disclose any User Content or User registration information, and otherwise generally monitor your use of the Service; or

(e) edit or delete any User Content or User registration information, regardless of whether such content violates any terms and conditions of this Agreement.

Diabetes Kit and Diabetes Kit Affiliates have no liability or responsibility to users of the Service or any other person or entity for performance or nonperformance of the aforementioned activities.

10. Links to Third Party Website Are Not Endorsements.

The Diabetes Kit website may contain links to third party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Diabetes Kit. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

11. Ideas Submitted to Diabetes Kit

Diabetes Kit is pleased to hear from you and welcomes your comments about the Service. In the event that you submit ideas or suggestions for the Service ("Service Comments"), the Service Comments will be deemed, and will remain, the sole property of Diabetes Kit. None of the Service Comments will be subject to any obligation of confidence on the part of Diabetes Kit, and Diabetes Kit and Diabetes Kit Affiliates will not be liable for any use or disclosure of any Service Comments. Without limiting the foregoing, Diabetes Kit will be entitled to unrestricted use and other exploitation of the Service Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Service Comments.

12. Warranty Disclaimers, Limitations of Liability and Indemnity.

You acknowledge that your diet and exercise activities involve risks, which may involve risk of bodily injury or death, and that you assume those risks. You should consult a licensed physician prior to beginning or modifying any diet or exercise program that you undertake, and you acknowledge that Diabetes Kit has advised you of the necessity for obtaining such consultations. In addition, the Service should not be used by pregnant women or individuals under age 18. The Service is a source of information, but it does not provide medical advice. In no event shall Diabetes Kit be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Service or any diet, exercise or other activity you undertake in connection with your use of the Service.

Without limitation of the foregoing, Diabetes Kit and Diabetes Kit Affiliates make no representations or warranties of any kind regarding the Service or the User Content. The Service and User Content are provided in "AS IS" condition, and Diabetes Kit and Diabetes Kit Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE AND USER CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE AND USER CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE USER CONTENT. No advice or information, whether oral or written, obtained by you from Diabetes Kit, any of Diabetes Kit Affiliates or through the Service or User Content will create any warranty not expressly stated herein.





You shall defend, indemnify and hold harmless Diabetes Kit and Diabetes Kit Affiliates against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees arising in connection with your use of the Service or your breach of any provision of this Agreement. Diabetes Kit reserves the right the assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with Diabetes Kit with respect to such defense and settlement.

13. Link to the Privacy Statement.

Diabetes Kit operates the Service under the Privacy Statement published at http://www.loseit.com/privacy. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.

14. Digital Millennium Copyright Act.

Diabetes Kit complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). Any notice alleging that materials on this website infringe intellectual property rights must include the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of the material that you claim is infringing and where it is located on the website;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the use of the materials on the website of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter Notices

If material that you have posted to the website has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:

(g) a physical or electronic signature of the subscriber;

(h) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(i) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(j) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Diabetes Kit may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

15. Applicable Law and Jurisdiction; Compliance.

You and Diabetes Kit agree that all matters arising from or relating to the use and operation of the Service will be governed by the substantive laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. A party shall not seek relief from a court with respect to any dispute arising in connection with this Agreement (except for any application for urgent equitable relief) unless such dispute has first been referred to voluntary mediation, and, if such mediation is not successful, has been submitted to arbitration conducted by a panel of three arbitrators sitting in Boston, Massachusetts. Each party shall choose one arbitrator and those two shall choose the third. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association and the decision of the arbitrators shall be binding and enforceable in any court of competent jurisdiction. The arbitrators shall have no power to award punitive damages nor any damages inconsistent with this Agreement or measured other than by the actual losses suffered by the parties. The award of the arbitrators may be enforced in any court of competent jurisdiction. If you choose to gain access to the Service from locations other than Massachusetts, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Service in violation of U.S. export laws or regulations.

16. Miscellaneous Provisions.

No delay or omission by Diabetes Kit in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Diabetes Kit of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to." If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and Diabetes Kit regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes. There shall be no third party beneficiaries to this Agreement other than Diabetes Kit Affiliates. In no event shall Diabetes Kit be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Diabetes Kit's reasonable control.

Effective Date of Terms: 12/17/2014; updated 12/17/2014.

To view the Privacy Policy for all Diabetes Labs apps click here or see below: Privacy Policy - Diabetes Kit

This Privacy Statement informs users of the Diabetes Kit website (“DiabetesKitApp.com) or apps about how Diabetes Labs LLC, trading as Diabetes Kit ("Diabetes Kit" or "we") gathers and uses personal information submitted to Diabetes Kit and aggregated information collected from the Diabetes Kit website or via the Diabetes Kit apps.

Collection of personal information

If you use Diabetes Kit apps, you may enter data into the application running locally on your iPhone, in order to set, track and manage certain data including blood glucose, diet and exercise. This data, your "Personal Log and Profile Data", includes your birthdate, your height and weight, your gender, and specific details of your blood glucose values, steps taken, food logs, etc. that you consume and the exercise you do. If you do not subscribe to Diabetes Kit Connect, your Personal Log and Profile Data will remain on your iPhone and we will have no access to it.

If you subscribe to Diabetes Kit Connect, you will be asked to provide your email address and to select a password. Subscribing to Diabetes Kit Connect will automatically create an account at the Diabetes Kit server under your email address and password, and your Personal Log and Profile Data will automatically be synced to our secure servers.

In addition to the above personal information, we collect standard information about Diabetes Kit users such as IP addresses, browser type, operating system, pages visited on our site and app, referring and exit pages, and the dates and times of the visits. This site and app visitation data is used to administer the site and app and provide general statistics regarding the use of diabeteskitapp.com and app.

Sharing information with friends and in user forums

The Diabetes Kit website and Diabetes Kit Connect feature allow you to share your diet and exercise goals and information with friends that you select. If you enable the sharing of Personal Diet Data with your selected friends, Diabetes Kit will provide your friends with a summary of your Personal Diet Data. Please bear in mind that Diabetes Kit cannot control what your friends do with the Personal Diet Data you share with them, so you should only share with friends you trust.

Furthermore, if you participate in a user forum on Diabetes Kit, your comments and your Diabetes Kit username will be displayed to all Diabetes Kit users on the forum. Diabetes Kit is not responsible for what any user or third party may do with information that you choose to share.

We also provide a feature allowing you to invite a friend to join Diabetes Kit If you provide a friend's email address to us for this reason, we will use that email address only for the purpose of sending an invitation to your friend.

Use of personal information

We will treat your Personal Diet Data as confidential, and we will not share your personal information or Personal Diet Data with third parties without your permission, except in the limited circumstances described below.

We will use the personal information you give us to fulfill the services and products you request from us. This may include billing and shipping of products that you order, sending information that you have requested, or contacting you about products and services that you have purchased. In some circumstances we may use third party contractors to perform these services on our behalf. In such circumstances, we will only provide the contractor with the information needed to perform the services (for example, name and address if a contractor is delivering a product to you), and all contractors will be required to agree to confidentiality obligations with respect to your personal, non-public information.

If you do not opt-out of communications from Diabetes Kit, we may send you marketing notices including promotions of our products and services. You can opt-out of communications from Diabetes Kit at any time (see control of personal information below).

We may disclose your personal information when we reasonably believe that it is required by a law or legal process and to protect and defend the rights and interests of Diabetes Kit, its affiliates, suppliers, or users. In the event Diabetes Kit goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information and Personal Diet Data will, in most instances, be part of the assets transferred.

We may use and disclose Personal Log and Profile Data, in a form that does not identify any individual, to allow Diabetes Kit and our advertisers to present targeted advertising to you. We may disclose to third parties, including advertisers and potential business partners, aggregated statistics that we develop from Personal Diet Data. For example, we may disclose the total number of pounds lost by all Diabetes Kit users, the average weight loss of Diabetes Kit users, or generalized information about diet and exercise habits based on aggregated statistics developed from Personal Diet Data. This statistical information will not identify any individual.

Control of personal information

You can confirm, change, or update personal information you have provided to us by contacting us directly at info@diabeteskit.com with your request.

If you want to opt-out of communications from Diabetes Kit, you can do so by emailing your request to privacy@diabeteskit.com. If you change your mind, you can opt-in again, by emailing this same address. When you opt-out of promotional communications from us, you may still receive service messages (such as an order confirmation) and legally mandated notices.

Security of the information we collect

We use a range of technologies and procedures to protect your personal information. For example, we store personal information and Personal Diet Information in a secure, limited access facility, and we use industry-standard firewalls and security software design to protect the security and integrity of your Personal Diet Information.

Protection of children's privacy

DiabetesKitApp.com is a general interest website, and we do not knowingly collect any personal information from children. If you are under 18, you are not permitted to use diabeteskitapp.com.

Use of cookies and tracking technology

When you visit our site, a cookie may be saved on your computer (if your computer accepts cookies), and if you return to the site the cookie may be read. We use cookies to help us collect the site visitation data described above and in some cases to deliver specialized content. Cookies are not linked to your personal information.

We may also use web beacons, clear gif technology, or action tags as mechanisms to collect aggregate site visitation data by tracking how users navigate to and through our website. We may also use this technology to track the delivery of HTML email messages. Data collected through this mechanism is not linked to personal information.

In addition, if you are using the iPhone application only, Diabetes Kit or our partners may use analytics technology to track anonymous traffic data about use of the application. This data does not include your Personal Diet Data.

Some of the analytics technology described in this section is provided to us by Google, Inc ("Google"). Under the Google Analytics Terms of Service, Google and its subsidiaries have the right to retain and use the anonymous traffic data collected by the Google Analytics service from users of this website or the Diabetes Kit iPhone application. Google's use of such data is subject to the Google Privacy Policy located at http://www.google.com/privacy.html.

Enforcement of this statement

If you have questions about the policies described in this statement, please email us directly at info@diabeteskit.com.

Links to other websites

Our website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of these other sites, and we encourage you to review the policies of each site you use.

Changes to this statement

We may from time to time update this privacy statement. When we make these updates, we will change the "last updated" date listed below. If we make a major change to this statement, we will update users by placing a more prominent notice on our home page. Your use of Diabetes Kit after an updated privacy statement becomes effective will indicate your acceptance.

Users from outside the United States

Diabetes Kit and the Diabetes Kit servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you use Diabetes Kit, you consent to the use and disclosure of information in accordance with this privacy statement and subject to such laws.

Contact information

We welcome your input on our privacy statement. If you have any questions or suggestions regarding our privacy statement, please contact us at info@diabeteskit.com.

Last Updated: 12/17/2014