Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") govern your access to and use of Kinsula — including the mobile application, the website at kinsula.app, and related services (collectively, the "Service") — operated by the Company and its parent company, Suncture (suncture.io), together with their affiliates, officers, directors, employees, and agents (collectively, "Company," "we," "us," or "our").

By creating an account, downloading the app, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 13 years of age (or 16 where applicable law requires) and able to form a binding contract to use the Service.

These Terms are provided for informational purposes and do not constitute legal advice.

2. Medical Disclaimer

IMPORTANT — READ CAREFULLY

KINSULA IS NOT A MEDICAL DEVICE, EMERGENCY SERVICE, OR SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

The Service provides educational content, habit support, and structured logging tools for post-discharge diabetes recovery. It does not diagnose, treat, cure, or prevent any disease or medical condition.

Always seek the advice of your physician or qualified health provider with questions about your health, medications, insulin dosing, glucose targets, or treatment plan. Never disregard professional medical advice or delay seeking it because of something you read or log in the Service.

If you think you may have a medical emergency, call emergency services (for example, 911 in the United States) immediately. Do not use the Service for urgent or emergency communications.

Quiz content, Care Review summaries, Recovery Island materials, and how-to guides are informational and educational only. Clinical decisions must be made by you and your licensed care team.

3. Description of Service

Kinsula may include features such as:

• Quick logging for glucose, medications, meals, and notes
• Recovery Island and structured recovery program content
• Care Review analytics and summaries
• Optional Health Auth integration to share selected data with authorized hospital care teams
• Account sync through secure cloud infrastructure

We may modify, suspend, or discontinue any part of the Service at any time, with or without notice, to the extent permitted by law.

4. Account Registration and Security

You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your password and account credentials
• Promptly notify us of unauthorized access or suspected compromise
• Accept responsibility for activity under your account

We may refuse registration, suspend, or terminate accounts that violate these Terms or pose security or legal risk.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable regulations
• Misrepresent your identity, health status, or authorization to share data
• Attempt to gain unauthorized access to systems, accounts, or data
• Reverse engineer, decompile, or extract source code except as permitted by law
• Upload malware, interfere with Service operation, or scrape data without permission
• Use the Service to provide medical care to others unless you are authorized to do so under applicable law and separate agreement
• Share another person's health information without proper authorization

We may investigate violations and cooperate with law enforcement as required.

6. Health Auth and Third-Party Care Teams

Health Auth allows you to grant explicit, scope-limited consent for sharing selected data with participating care teams or hospital programs. You acknowledge that:

• Sharing occurs only when you approve applicable scopes
• Hospitals and care teams have their own policies, clinical workflows, and privacy practices
• We are not responsible for how third-party care teams use information once received according to your consent
• Revoking consent may limit future sharing but may not recall data already received by a care team under their policies

Your relationship with your healthcare providers is independent of these Terms.

7. Intellectual Property

The Service, including software, design, text, graphics, logos, and content (excluding your user-generated logs and submissions), is owned by the Company, Suncture, or licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms.

You retain ownership of content you submit (for example, logs and notes). You grant us a worldwide, royalty-free license to host, process, display, and transmit your content solely to operate and improve the Service and to share it with parties you authorize through Health Auth.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT DATA WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY CLINICAL PURPOSE.

ANY RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICE IS AT YOUR SOLE RISK.

Some jurisdictions do not allow exclusion of certain warranties; in those jurisdictions, our disclaimers apply to the fullest extent permitted.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, SUNCTURE, OR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

WITHOUT LIMITING THE FOREGOING, WE ARE NOT LIABLE FOR HEALTH OUTCOMES, TREATMENT DECISIONS, MEDICATION ERRORS, DELAYED EMERGENCY CARE, OR ACTIONS OR OMISSIONS OF YOUR CARE TEAM OR THIRD PARTIES.

Some jurisdictions do not allow limitation of liability for certain damages; in those jurisdictions, our limitation applies to the fullest extent permitted.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company, Suncture, and their respective affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms or applicable law
• Your health-related decisions or reliance on Service content
• Content you submit or share through the Service
• Your Health Auth consents or disputes with care teams
• Any claim that your use harmed a third party

We may assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access immediately, with or without notice, if we reasonably believe you violated these Terms, created risk or legal exposure, or where required by law.

Upon termination, your right to use the Service ceases. Sections that by their nature should survive (including medical disclaimer, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive termination.

To request account deletion, contact support@suncture.io.

12. Dispute Resolution and Governing Law

Informal resolution

Before filing a claim, you agree to contact support@suncture.io and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

Governing law

These Terms are governed by the laws of the applicable jurisdiction in which the Company operates, without regard to conflict-of-law rules, except where mandatory consumer protection laws in your place of residence provide otherwise.

Arbitration (where permitted)

Except where prohibited by applicable law or where you qualify for small claims court, any dispute arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved by binding individual arbitration, not class arbitration or class action. You and the Company waive any right to a jury trial or to participate in a class action to the extent permitted by law.

If arbitration is unenforceable for a particular claim, exclusive jurisdiction shall lie in the courts of the applicable jurisdiction where the Company operates, and you consent to personal jurisdiction there.

13. General Provisions

Entire agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the Service and supersede prior agreements on the same subject.

Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

No waiver

Failure to enforce any provision is not a waiver of our right to enforce it later.

Force majeure

We are not liable for delays or failures due to events beyond our reasonable control.

14. Contact

For questions about these Terms:

Email: support@suncture.io

Website: kinsula.app

Parent company: Suncture