Terms of Service

1. Acceptance of these Terms

These Terms of Service (the “Terms”) are a binding agreement between you and GENAK (“GENAK”, “we”, “our”, or “us”), the company that operates the Diabetes Action Layer service and mobile applications (collectively, “DAL” or the “Service”), available at diabeteslayer.com and through the DAL iOS and Android apps. By creating an account, connecting a device, or using any part of DAL, you agree to these Terms, our Privacy Policy, and our Medical Disclaimer. If you do not agree, do not use DAL.

2. Who can use DAL

• You must be at least 18 years old (or the age of majority where you live) to create an account.
• A parent or legal guardian may create and manage an account on behalf of a minor they care for, and remains responsible for all activity on that account, including the accuracy of any data entered.
• A caregiver who has been invited by the patient through DAL's caregiver-link feature may view a defined subset of the patient's data under the same Terms.
• You must provide accurate registration information (including any clinically relevant fields you choose to enter, such as diabetes type) and keep it current.

3. What DAL does — and what it does not do

DAL is a self-management and educational tool that helps people living with diabetes:

• Log and review glucose readings, meals, medications, vitals, mood, and activity.
• Connect compatible third-party devices and services (for example, Dexcom CGMs, LibreLinkUp follower accounts, Apple Health, or Android Health Connect) to import glucose and related data.
• Receive AI-generated daily insights, action steps, pattern explanations, and educational summaries grounded in published clinical guidelines such as the American Diabetes Association Standards of Care.
• Share time-limited, read-only summaries with a clinician or caregiver of your choosing.

DAL is not a medical device, an insulin-dosing calculator, a continuous glucose monitor, an emergency alerting system, or a substitute for professional medical care, ongoing endocrinology follow-up, or a prescribed treatment plan. DAL does not store or display data in a way intended to be the sole basis for any treatment decision.

5. Your account and security

• You are responsible for keeping your password, biometric unlock, and any connected-device credentials confidential.
• You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or a compromise of your credentials.
• You may not share a single DAL account with another person. To let a caregiver or clinician see your data, use the in-app sharing feature, which provides scoped, revocable access without sharing your password.
• We may require additional verification for sensitive actions (for example, account deletion or changing the email on file).

6. Device and third-party integrations

When you connect a third-party device, service, or follower account (for example, Dexcom, LibreLinkUp, Apple HealthKit, or Android Health Connect), you authorize GENAK to exchange tokens, refresh credentials, or sign in on your behalf solely to import your data into DAL. You are responsible for reading and complying with the terms of each third-party provider. Third-party services are operated by their respective owners and are not part of DAL; GENAK does not warrant their accuracy, availability, or continued compatibility.

You can disconnect any integration at any time from the Devices screen, and you can also revoke our access directly with the vendor. When you disconnect, DAL stops importing new data but may retain data already imported, subject to our Privacy Policy.

7. Acceptable use

You agree not to:

• Use DAL for anyone other than yourself or a person you are caring for with their informed consent.
• Use DAL as the sole basis for an insulin or medication dose, or for any clinical decision.
• Upload data you do not have the right to share, or submit content that is false, misleading, defamatory, or abusive.
• Attempt to reverse engineer, decompile, disassemble, or bypass the security controls of DAL.
• Probe, scan, or test the vulnerability of DAL, or access DAL by means other than the documented interfaces, except as part of a coordinated security disclosure approved by GENAK.
• Use DAL to develop a competing product, scrape data in bulk, train an AI model on other users' data, or resell access.
• Interfere with other users' ability to use DAL.

GENAK may suspend or terminate accounts that violate these rules, with or without notice depending on the severity.

8. Your data and the limited license you grant us

You retain ownership of the health data, free-text notes, and other content you submit to DAL. You grant GENAK a worldwide, non-exclusive, royalty-free license to store, process, transmit, and display your content solely for the purpose of operating DAL for you — for example, to persist your glucose readings, compute insights, generate action steps, and deliver responses to your requests.

GENAK does not sell your personal health information, share it with advertisers, or use your identifiable health data to train AI models. Aggregated, de-identified statistics that cannot reasonably be re-identified may be used to improve DAL.

9. AI-generated content

Some responses in DAL — including action steps, daily summaries, pattern explanations, and chat replies — are generated by a large language model running under a business-associate agreement with the model provider. AI output can be incomplete, outdated, or wrong, and may occasionally misinterpret your data. You should treat every AI suggestion as a starting point for discussion with your care team, not as a clinical instruction.

DAL labels AI-generated content where it appears and shows the clinical sources used (for example, ADA Standards of Care). You remain responsible for evaluating any suggestion before acting on it.

10. Fees and paid plans

DAL is currently offered without charge. If GENAK introduces paid plans, the applicable fees, billing cycle, taxes, automatic renewal behavior, and refund policy will be presented to you before you subscribe. We will give at least 30 days advance notice by email or in-app notice before changing pricing for an existing paid subscription.

11. Termination

• You may delete your DAL account at any time from Settings → Account. Once deletion is confirmed, your personal data is removed in accordance with our Privacy Policy.
• GENAK may suspend or terminate your account if you violate these Terms, present a security or safety risk, or to comply with applicable law.
• Sections 4 (medical advice), 8 (data license), 12 (warranties), 13 (liability), 14 (indemnification), and 15 (governing law) survive termination.

12. Warranty disclaimer

DAL is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, GENAK disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy of health data, and non-infringement. GENAK does not warrant that DAL will be uninterrupted, secure, free of errors, free of harmful components, or that it will detect, prevent, alert on, or treat any adverse health event, including hypoglycemia, hyperglycemia, or diabetic ketoacidosis.

13. Limitation of liability

To the maximum extent permitted by law, GENAK, its affiliates, officers, employees, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, use, or goodwill arising out of or relating to your access to or use of DAL, even if GENAK has been advised of the possibility of such damages.

GENAK's aggregate liability for any claim relating to DAL will not exceed the greater of fifty U.S. dollars ($50) or the amount you paid GENAK for DAL in the twelve (12) months preceding the event giving rise to the claim.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In those jurisdictions, the limitations above apply only to the maximum extent permitted by law, and nothing in these Terms limits liability that cannot be limited by law (for example, for fraud or gross negligence).

14. Indemnification

You agree to defend, indemnify, and hold harmless GENAK, its affiliates, and their respective officers, employees, and agents from any claim, demand, loss, damage, or expense (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of DAL, your violation of any third party's rights, or any clinical decision you or another person made in reliance on DAL output.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law rules. Any dispute arising from or relating to these Terms or DAL will be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts. Nothing in this section prevents you from bringing an individual claim in a small-claims court where permitted.

16. Changes to these Terms

GENAK may update these Terms from time to time. If a change is material — for example, a change to dispute resolution, fees, or how we handle your health data — we will notify you by email or through an in-app notice before it takes effect. Your continued use of DAL after the effective date of an update constitutes acceptance of the updated Terms. If you do not agree with a change, you may stop using DAL and delete your account.

17. Miscellaneous

• If any provision of these Terms is found unenforceable, the remaining provisions stay in full force and effect.
• GENAK's failure to enforce a right is not a waiver of that right.
• You may not assign these Terms without GENAK's prior written consent. GENAK may assign these Terms in connection with a merger, acquisition, or sale of assets.
• These Terms, together with the Privacy Policy and Medical Disclaimer, are the entire agreement between you and GENAK regarding DAL.