Terms of Use

These Terms of Use (the "Terms") are a binding agreement between you and DNK PROJECT LLC, 2495 S Mason Rd, 1228, Katy, TX 77450, United States ("DNK PROJECT", "we", "us", "our"). They govern your use of the Kotchi mobile app, the kotchi.app website and related services (together, the "Service").

By creating an account or using the Service, you agree to these Terms, our Privacy Policy and our Consumer Health Data Privacy Policy. If you do not agree, do not use the Service.

IMPORTANT: Section 15 contains a binding individual arbitration agreement and a class action waiver, which affect how disputes are resolved. You can opt out within 30 days as described there.

Kotchi helps you manage your nutrition and weight. It includes:

• •a personal nutrition plan and calorie targets based on your questionnaire;
• •a food diary with food recognition from photos, voice and barcodes, and meal planning;
• •tracking of weight, body measurements, steps and, if you choose, your menstrual cycle;
• •workouts and educational content;
• •the goal photo — an AI-generated illustration of how you might look at your target weight;
• •chat with a real coach from our team.

Coaches may use AI tools that summarize your chat, translate messages and draft replies; a coach reviews a suggested reply before sending it. We may change, add or remove features over time.

Kotchi is a wellness service. It is not medical advice and not a medical device, and it does not diagnose, treat, cure or prevent any disease. Our coaches are not acting as doctors or licensed healthcare providers and do not provide medical advice.

Talk to a doctor before you start or change a diet or exercise program, especially if you are pregnant or breastfeeding, have or suspect an eating disorder, have a medical condition or take medication. Do not ignore or delay professional medical advice because of something you saw in Kotchi. If you think you have a medical emergency, call 911 or your local emergency number — the chat is not an emergency service and is not monitored around the clock.

You must be at least 16 years old to use Kotchi. If you are under the age of majority where you live, you may use the Service only with the consent of a parent or legal guardian.

You agree to give accurate information, including your health and nutrition data, and to keep it up to date — your plan depends on it. Your account is for you only. You are responsible for activity in your account and for keeping access to your email, Apple or Google account secure.

Paid features of Kotchi, including the chat with your coach, require a Kotchi Premium subscription.

• •Plans: $70 per month or $599 per year (US prices). The price for your country, including any taxes, is shown in the App Store or Google Play before you buy.
• •Free trial: new subscribers get a 7-day free trial. Apple or Google decides whether you are eligible; usually a trial is available once per account. If you do not cancel at least 24 hours before the trial ends, your subscription starts and you are charged the price of the plan you chose.
• •Payment: subscriptions are sold through the App Store or Google Play. Payment is charged to your Apple ID or Google Play account when you confirm the purchase or, if you start with a free trial, when the trial ends.
• •Auto-renewal: your subscription renews automatically for the same period at the then-current price unless you turn off auto-renewal at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
• •Cancelling: manage or cancel your subscription in the store, not in the App. App Store: Settings → your name → Subscriptions. Google Play: Play Store → profile icon → Payments & subscriptions → Subscriptions. Deleting the App or your account does not cancel your subscription. After you cancel, you keep access until the end of the period you have paid for.
• •Refunds: refunds are handled by Apple or Google under their refund policies. We do not process payments and cannot issue refunds for store purchases ourselves.
• •Price changes: if we change the price, Apple or Google will notify you as their rules require, and the new price applies from your next renewal.

Food recognition, calorie and nutrient estimates, transcriptions, translations, the goal photo and other AI features can be inaccurate or incomplete. Check the results and correct your diary when needed. The goal photo is an illustration for motivation, not a prediction of how your body will change.

Be respectful in the chat. You agree not to:

• •harass, threaten, insult or discriminate against your coach or anyone else;
• •send sexually explicit content or nudity;
• •send spam, advertising or malicious links or files;
• •share other people's personal data without their permission;
• •use the chat for anything illegal.

You can report a message in the chat. We may review reported messages and messages that may break these Terms, remove content, and limit or suspend access to the chat or the Service for violations. Your coach can make mistakes too — use your judgment and see section 3.

You agree not to misuse the Service, including by: using it for an unlawful purpose; interfering with its operation or security; trying to gain unauthorized access to our systems or other users' data; uploading malicious code; scraping or harvesting data; reselling the Service; or infringing the intellectual property, privacy or other rights of anyone.

You keep the rights to the content you add to Kotchi — diary entries, photos, voice recordings and messages. You give us a limited license to store, process and display that content only to provide the Service to you, including through the service providers and AI features described in our Privacy Policy. This license ends when you delete the content or your account, except for copies kept as described in the Privacy Policy.

The Service, including the app, its software, design, texts, plans, workouts and other content, and the Kotchi name and logo, belongs to DNK PROJECT LLC or its licensors. We give you a limited, personal, non-exclusive, non-transferable and revocable license to use the App on devices you own or control, for your personal, non-commercial use, under these Terms. You may not copy, modify, distribute, sell, reverse-engineer or decompile the Service, except where the law allows it.

If you downloaded Kotchi from the Apple App Store:

• •These Terms are between you and DNK PROJECT LLC only, not Apple. We, not Apple, are responsible for the App and its content.
• •Apple has no obligation to provide maintenance or support for the App.
• •If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• •We, not Apple, are responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, consumer protection, privacy or similar claims, and claims that the App infringes a third party's intellectual property rights.
• •You confirm that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• •Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you downloaded Kotchi from Google Play, the Google Play Terms of Service also apply to your download and purchases.

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that the Service will be uninterrupted or error-free, or that you will reach any particular weight or health result.

To the maximum extent permitted by law, DNK PROJECT LLC and its members, employees, coaches and suppliers are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or goodwill, or any health outcome, arising from your use of or inability to use the Service. Our total liability for any claim related to the Service is limited to the amount you paid for the Service in the 12 months before the event giving rise to the claim. Some jurisdictions do not allow these limitations, so some of them may not apply to you.

You can stop using Kotchi and delete your account at any time (see kotchi.app/en/legal/delete-account/). We may suspend or terminate your access if you break these Terms, if the law requires it, or to protect the Service or other users. Termination does not cancel a store subscription and does not by itself entitle you to a refund. Sections that by their nature should survive termination — including 3, 6 and 9 through 16 — continue to apply.

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act.

Informal resolution first

Before starting any claim, you agree to email us at [email protected] with a description of the dispute and what you are asking for. We will try to resolve it within 60 days.

Binding individual arbitration

If we cannot resolve the dispute informally, you and DNK PROJECT LLC agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration may be held by video or phone or, if in person, in the county where you live. Fees are paid as provided by the AAA Consumer Arbitration Rules. The arbitrator may award the same individual relief a court could.

Class action waiver

You and we may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective or representative proceeding. The arbitrator may not consolidate claims of more than one person.

Exceptions

Either party may bring an individual claim in small claims court if it qualifies. Either party may seek an injunction in court to stop infringement of intellectual property rights.

Your right to opt out

You can opt out of this arbitration agreement within 30 days after you first accept these Terms by emailing [email protected] from the email address of your account with the subject "Arbitration opt-out". If you opt out, or if this arbitration section is found unenforceable, disputes will be resolved in the state or federal courts located in Texas, and you and we consent to their jurisdiction. The class action waiver still applies to the extent permitted by law.

Nothing in these Terms limits any rights you have under the consumer protection laws of the place where you live that cannot be waived by contract.

We may update these Terms. We will change the "Last updated" date, and if the changes are material we will tell you in the App or by email before they take effect. If you keep using the Service after the changes take effect, you accept the updated Terms; if you do not agree, stop using the Service and cancel your subscription.

DNK PROJECT LLC, 2495 S Mason Rd, 1228, Katy, TX 77450, United States.

Support: [email protected]. Privacy: [email protected].