Welcome to D2Type.

These Terms of Use (the “Terms”) govern your access to and use of D2Type Health, Inc.’s website, mobile application, and related digital health services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.

These Terms form a legally binding agreement between you and D2Type Health, Inc. (“D2Type,” “we,” “us,” or “our”).

1. Related Agreements

Your use of the Services is also subject to our Privacy Policy, which explains how we collect, use, disclose, retain, and protect your information.

Together, these Terms and the Privacy Policy form the agreement between you and D2Type regarding your use of the Services.

2. Eligibility

To use the Services, you must:

• be 18 years of age or older;

• reside in Canada or the United States;

• provide accurate and complete registration information;

• meet any program-specific eligibility criteria that apply to a particular offering; and

• have the legal capacity to enter into these Terms.

By using the Services, you represent and warrant that you meet these requirements.

If you use the Services on behalf of another person, you represent and warrant that you are authorized to act on that person’s behalf and to bind that person to these Terms, to the extent permitted by law.

We may refuse access to the Services or limit eligibility at our discretion, subject to applicable law.

3. Our Services

The Services may include:

• the D2Type mobile application;

• the D2Type website;

• account creation and account management features;

• lifestyle-management tools and educational content;

• chatbot-based question-and-answer and coaching tools;

• food intake imaging and analysis features;

• in-app messaging, chat, inbox, and support features;

• push notifications, service emails, and account communications;

• food/nutrition lookup, nutrition information, and recipe-related functionality where enabled;

• clinician-related workflows, including physician notes, clinical notes, provider-authored observations, lab-result review, and related records where available;

• integration with approved third-party data sources such as Apple Health and Google Health Connect; and

• paid or unpaid programs, features, or offerings that we make available from time to time.

Some features may only be available to registered users or to users enrolled in a specific D2Type program.

We may modify, suspend, discontinue, or replace any part of the Services at any time. We may also add or remove features, impose eligibility conditions, or change technical requirements.

4. No Emergency Services

The Services are for non-emergency use only.

D2Type does not provide emergency response services and does not monitor for emergencies. You must not rely on the Services for urgent or emergency needs.

If you think you may have a medical emergency, call 911 or go to the nearest emergency department immediately.

5. No General Medical Advice; Role of D2Type

D2Type operates primarily as a digital health app and service provider.

Unless expressly stated otherwise in writing for a specific service, D2Type does not provide medical diagnosis, emergency care, or treatment through the general use of the Services. The Services are intended to support lifestyle management, education, communication, care coordination, and related service functions.

The Services, including chatbot outputs, educational materials, summaries, coaching content, food intake analysis, and other informational content, are not a substitute for professional medical advice, diagnosis, or treatment.

You should always seek the advice of a qualified physician or other licensed healthcare professional regarding any medical condition, symptoms, diagnosis, treatment decision, diet change, medication issue, or other health concern.

You agree not to delay seeking medical advice, ignore medical advice, or stop treatment based on information provided through the Services.

6. OpenAI-Powered Features

D2Type currently uses OpenAI to support:

• chatbot-based question-and-answer interactions;

• lifestyle-management coaching; and

• food intake imaging and analysis.

At this time, OpenAI-powered features are not intended for diagnosis, clinical decision-making, medication review, lab-result interpretation, emergency triage, escalation, or clinician replacement.

OpenAI-powered outputs may be incomplete, inaccurate, or inappropriate for your circumstances. You are responsible for using judgment and seeking professional advice where needed.

You agree not to use OpenAI-powered features as a substitute for medical care or to submit content that you do not have the right to provide.

7. Registration and Account Security

To access certain features, you must create an account.

You agree to:

• provide complete, current, and accurate information;

• keep your account information updated;

• maintain the confidentiality of your login credentials;

• use only your own account, unless you are expressly authorized to act for another person; and

• notify us promptly if you suspect unauthorized access or use of your account.

Authentication and account-access controls are operated internally by D2Type on Google Cloud Provider (GCP), but you remain responsible for activity that occurs under your account unless caused by our own failure to use reasonable safeguards.

We may suspend or terminate your account if information you provide is inaccurate, misleading, incomplete, fraudulent, or no longer current.

8. Electronic Communications

By creating an account or using the Services, you consent to receive electronic communications from us related to the Services, including:

• account-setup emails;

• account-related emails;

• service-related emails;

• SMS confirmation codes;

• push notifications;

• in-app messages; and

• other service communications required to operate your account or provide the Services.

You understand that:

• some communications may be sent through third-party communications providers described in our Privacy Policy;

• standard message or data rates from your mobile carrier may apply;

• some communications, such as ordinary email, may not be encrypted in transit outside our systems; and

• you may not be able to opt out of essential service, security, legal, or account communications while continuing to use the Services.

D2Type does not currently send promotional marketing communications through the Services unless and until we expressly notify you otherwise.

9. Systems and Connectivity

You are responsible for obtaining and maintaining the devices, software, operating systems, internet access, mobile service, and other systems necessary to access and use the Services.

You are also responsible for the security of the devices and connections you use to access the Services.

We are not responsible for losses, delays, corruption, interruptions, or failures caused by your device, operating system, connectivity provider, or other third-party systems outside our reasonable control.

10. User Content and Submissions

You may submit content through the Services, including personal information, health-related information, messages, chat attachments, lab-result files, food images, feedback, survey responses, and other materials (collectively, “User Submissions”).

You retain ownership of your User Submissions, subject to any rights granted in these Terms.

You represent and warrant that:

• you own or have the necessary rights and permissions to submit the User Submissions;

• your User Submissions do not violate any law or the rights of any person;

• your User Submissions are not fraudulent, misleading, defamatory, obscene, or unlawful; and

• any health, identity, or account information you submit is accurate to the best of your knowledge.

You are solely responsible for your User Submissions and for the consequences of submitting them.

11. License You Grant to D2Type

To operate the Services, you grant D2Type a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, transmit, display, process, analyze, adapt, and otherwise use your User Submissions as necessary to:

• provide the Services;

• support account administration and customer service;

• enable clinician-related workflows and authorized reviews;

• operate messaging, notification, and support functions;

• perform food image analysis and chatbot interactions you request;

• support food/nutrition lookup, nutrition information, and recipe-related functionality where enabled;

• secure, troubleshoot, maintain, and improve the Services;

• comply with legal, audit, retention, and regulatory obligations; and

• act as otherwise described in the Privacy Policy.

This license is limited by these Terms and the Privacy Policy.

We may also create and use aggregated or de-identified information derived from User Submissions to the extent permitted by applicable law and as described in the Privacy Policy.

12. Lab Results, Chat Attachments, and Other Uploaded Content

The Services may allow you to upload lab results and attachments through in-app features.

You acknowledge and agree that:

• uploaded files may contain sensitive information;

• you should upload only the information reasonably necessary for the intended purpose;

• attachments sent through in-app chat may be reviewed by authorized D2Type personnel, coaches, clinicians, support staff, or other authorized users within the relevant workflow, based on role and need-to-know; and

• uploaded materials may be retained in accordance with our Privacy Policy and internal retention obligations.

You must not upload malicious code, harmful files, unlawful content, or files that you do not have the right to provide.

13. Third-Party Data Sources and Integrations

The Services may allow you to connect third-party services, devices, or data sources, including Apple Health and Google Health Connect.

If you enable a third-party integration:

• you authorize us to receive the data you choose to share through that integration;

• that data will be treated as information you provided through the integration;

• your use of the third-party integration remains subject to the third party’s own terms and privacy practices; and

• we are not responsible for the availability, accuracy, legality, security, or performance of the third-party service itself.

You may disable an integration, but disabling it may reduce or prevent certain features from working.

Some food/nutrition lookup, nutrition information, or recipe-related features may rely on third-party food database services such as FatSecret, where enabled, as described in our Privacy Policy.

14. App Stores and Platform Providers

If you download our app from the Apple App Store, Google Play, or another platform provider, your use of the app may also be subject to that provider’s terms.

These Terms are between you and D2Type, not the platform provider. To the maximum extent permitted by law, the platform provider is not responsible for the app, its content, maintenance, support, warranty claims, or claims arising from your use of the app.

15. Acceptable Use and Prohibited Conduct

You agree not to use the Services in a way that:

• violates any law, regulation, court order, or third-party right;

• is fraudulent, deceptive, threatening, harassing, abusive, defamatory, hateful, or otherwise objectionable;

• infringes intellectual property, privacy, publicity, confidentiality, or other rights;

• attempts to gain unauthorized access to accounts, systems, or data;

• interferes with the operation, integrity, or security of the Services;

• introduces malware, viruses, malicious code, or harmful files;

• scrapes, crawls, spiders, copies, or extracts data from the Services without authorization;

• reverse engineers, decompiles, or attempts to derive source code from the Services, except where prohibited by law from restricting that activity;

• impersonates another person or misrepresents your affiliation;

• uses the Services to send spam or unauthorized commercial communications;

• uses OpenAI-powered features for medical diagnosis, emergency decision-making, or unlawful purposes;

• uploads content that you do not have the right to upload; or

• uses the Services in a way that could harm D2Type, other users, clinicians, staff, or the public.

We may monitor, review, suspend, remove, restrict, or disable content or access where reasonably necessary to protect the Services, comply with law, respond to support needs, investigate misconduct, or protect users and third parties.

16. Fees and Billing

Some Services or features may require payment.

If you purchase a paid service, you agree to pay all fees, taxes, and charges applicable to that service. You authorize D2Type to process and record billing and transaction information necessary to administer the paid service.

Unless otherwise stated in writing:

• fees are charged in the manner described at the time of purchase;

• paid fees are non-refundable except as required by law; and

• we may change fees prospectively by providing notice through the Services or by email.

If you continue using a paid service after a fee change becomes effective, you agree to the new fee.

17. Intellectual Property and Ownership

The Services, including the app, website, software, interface design, text, graphics, trademarks, logos, compilations, and other content provided by D2Type (excluding User Submissions), are owned by D2Type or its licensors and are protected by intellectual property and other applicable laws.

Subject to your compliance with these Terms, D2Type grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your own lawful, internal, non-commercial use.

You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, sell, license, or exploit the Services or D2Type content except as expressly permitted in writing.

18. Suspension and Termination

We may suspend, restrict, or terminate your access to all or part of the Services at any time if:

• you violate these Terms;

• you create risk for D2Type, users, or third parties;

• your account information is inaccurate or fraudulent;

• continued access would be unlawful; or

• we discontinue the relevant Services or features.

You may stop using the Services at any time. You may request account closure through the in-app support feature or by contacting support at support@d2type.com.

Termination will not affect any rights or obligations that, by their nature, should survive termination, including provisions relating to ownership, licenses, payment obligations, disclaimers, limitations of liability, indemnity, retention, and dispute-related matters.

19. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided on an “as is” and “as available” basis.

D2Type disclaims all warranties and representations, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising out of course of dealing or usage of trade.

Without limiting the foregoing, D2Type does not warrant that:

• the Services will be uninterrupted, secure, or error-free;

• defects will be corrected;

• the Services will always be available or compatible with your systems;

• content or outputs will be accurate, complete, or appropriate for your needs; or

• the Services will achieve any particular outcome.

Your use of the Services is at your own risk.

20. Limitation of Liability

To the maximum extent permitted by law, D2Type and its directors, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or opportunity, arising out of or related to the Services or these Terms.

To the maximum extent permitted by law, the total aggregate liability of D2Type and its related parties for any claim arising out of or relating to the Services or these Terms will not exceed:

• the total amount you paid to D2Type for the relevant paid Services during the 12 months before the event giving rise to the claim; or

• CAD $100, if you have not paid D2Type for the relevant Services during that period.

Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.

21. Indemnity

You agree to defend, indemnify, and hold harmless D2Type and its directors, officers, employees, contractors, affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable legal fees, arising out of or related to:

• your use or misuse of the Services;

• your User Submissions;

• your violation of these Terms;

• your violation of applicable law; or

• your infringement of any third-party right.

D2Type may assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with that defense.

22. Service Availability

D2Type currently makes the Services available only to individuals residing in Canada and the United States.

We do not represent that the Services are lawful or appropriate for use in any other jurisdiction. If you access the Services from outside Canada or the United States, you do so at your own risk and are responsible for complying with local law.

23. Changes to the Services or These Terms

We may update the Services and these Terms from time to time.

If we make material changes to these Terms, we will post the revised version and update the “Last Updated” date. If required by law or appropriate in the circumstances, we will provide additional notice.

By continuing to use the Services after revised Terms become effective, you agree to the updated Terms.

24. Privacy and Data Handling

Your use of the Services is subject to our Privacy Policy.

By using the Services, you acknowledge that D2Type may collect, use, retain, disclose, store, and process your information as described in the Privacy Policy, including the handling of health-related information, lab results, food images, support messages, chat attachments, integration data, billing information, and service records.

25. Governing Law and Forum

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict of law rules.

Unless applicable law requires otherwise, you and D2Type agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the courts located in British Columbia, Canada, and each party attorns to the jurisdiction of those courts.

26. General Terms

These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and D2Type regarding the Services and supersede prior or contemporaneous understandings relating to the same subject matter.

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

Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, as part of a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, or agency relationship between you and D2Type.

27. Contact Information

For support questions, account issues, or general inquiries, contact:

D2Type Health, Inc.
Privacy Officer: mehdi@d2type.com
Mailing address: 522-3563 Ross Drive, Vancouver, BC, Canada, V6S 0L3