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Master Terms of Service

Effective Date: February 23, 2026

Kubyk is a product of KeborMed, Inc.

1. Introduction and Definitions

1.1 Introduction

These Master Terms of Service ("Master Terms") govern your access to and use of the Kubyk Platform (as defined below), including any associated software, mobile applications, and services, provided by KeborMed Inc., a Delaware corporation ("KeborMed," "we," "us," or "our"). Kubyk is a product of KeborMed. The Master Terms incorporate by reference other Kubyk agreements or policies referenced in these Master Terms or Terms applicable to a specific Tier, such as the Kubyk Acceptable Use Policy, Privacy Policy and Business Associate Agreement.

These Master Terms apply to all users of the Kubyk Platform. Your use of the Kubyk Platform is also governed by the Tier-specific Terms applicable to your subscription level, which are incorporated into these Master Terms by reference:

  • Schedule A: Kubyk Lab Terms
  • Schedule B: Kubyk Lab+ Terms
  • Schedule C: Kubyk Scale Terms

In the event of any conflict between these Master Terms and the applicable Tier-specific Terms, the Tier-specific Terms shall control.

The Kubyk Lab and Kubyk Lab+ Tiers are designed for prototyping, development and evaluation purposes using synthetic or test data only. The Kubyk Scale Tier permits the use of PHI in connection with a Permitted Activity, subject to the restrictions in the Kubyk Scale Terms.

The Lab, Lab+ and Scale tiers of the Kubyk Platform may not be used to support a Regulated Device, except to the extent permitted under Schedule C. To otherwise support a Regulated Device, you must obtain an enterprise license from KeborMed.

1.2 Acceptance

As a condition to creating an Account, you ("Customer" or "you") must agree to be bound by these Master Terms and the applicable Tier-specific Terms. If you are using the Kubyk Platform on behalf of an organization, you represent that you have the authority to bind that organization to these terms, and "Customer" and "you" refer to that organization.

1.3 Geographic Availability

The Kubyk Platform is currently available only to users located in the United States. By accessing or using the Kubyk Platform, you represent and warrant that: (a) you are located in the United States; (b) you are not located in, under the control of, or a national or resident of any country subject to United States trade sanctions; and (c) your use of the Kubyk Platform will comply with all applicable United States federal, state, and local laws and regulations. For clarity, nothing in this Section prohibits you from engaging personnel, contractors, or service providers located outside the United States to support your internal development, engineering, or operational activities, provided that you may not engage personnel, contractors, or service providers located in any country subject to United States trade sanctions and you remain responsible for their compliance with this Agreement.

1.4 Definitions

  • "Customer Account" (or "Account") means your registered account on the Kubyk Platform.
  • "Kubyk Account Admin User" means a User with full access to manage all functions offered by the Kubyk Platform.
  • "Account Management Portal" means the interface through which you manage your Customer Account, including your subscription Tier, billing and payment information, organizational profile, and usage against the limits applicable to your Tier.
  • "Authentication Plane" means the portion of the Kubyk Platform where account credentials, User identities, and User management are held, segregated from the Data Plane.
  • "Beta Features" means a module or service Tiers of the Kubyk Platform available to you on a beta, pilot, early-access, or evaluation basis.
  • "Business Associate Agreement" or "BAA" means an agreement required under HIPAA before processing Protected Health Information.
  • "Custom Local Datasource" means a Datasource whose data processing is defined by you and runs within your instance of the Kubyk Platform, asynchronously.
  • "Custom Remote Datasource" means a Datasource whose data processing is defined by you and runs on a server you control and host, to which the Kubyk Platform sends raw data and from which it receives processed data synchronously.
  • "Customer Data" means all data you upload, transmit, or process through the Kubyk Platform.
  • "Data Plane" means the portion of the Kubyk Platform where data received from Devices is stored.
  • "Datasource" means a configuration within the Kubyk Platform that defines a type of data source, including the parameters it reports, how it connects, and how its raw data is processed into processed data.
  • "Device" means an individual instance of a Datasource registered in the Kubyk Platform, identified by attributes such as serial number and firmware version.
  • "Environment" means a discrete deployed instance of the Kubyk Platform provisioned for your Customer Account.
  • "Kubyk Platform" means the features and functionality of the KeborMed Platform which are available to customers of the Kubyk Lab, Kubyk Lab+ and Kubyk Scale Tiers. KeborMed has built a complete software platform for the development, validation, deployment, and maintenance of cloud connected medical and wellness devices (the "KeborMed Platform").
  • "Liability Cap" means the cap on liability for each Kubyk Tier set forth in the Terms for that Tier.
  • "Protected Health Information" or "PHI" has the meaning given to it under HIPAA.
  • "Regulated Device" means any device (including software only devices) which would meet the definition of a medical device under Section 201(h) of the US Food, Drug, and Cosmetic Act.
  • "Terms" means these Master Terms or the Terms applicable to each Tier.
  • "Tier" means your subscription level (Lab, Lab+, or Scale).
  • "User" means and includes any user type available in each Tier.

2. Account and Eligibility

2.1 Account Creation

To use the Kubyk Platform, you must create an Account. You agree to provide accurate, current, and complete information during registration and to keep such information updated.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account. You agree to immediately notify us at security@kebormed.com of any unauthorized use of your Account.

2.3 Eligibility

You must be at least 18 years old to use the Kubyk Platform. By using the Kubyk Platform, you represent that you meet these eligibility requirements.

2.4 Invitation-Only Access

Portal access for any users other than the Kubyk Account Admin User is by invitation only. The Kubyk Account Admin User is responsible for inviting users and managing access within their organization.

3. License Grant

3.1 License

Subject to these Master Terms and the applicable Tier-specific Terms, KeborMed grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Kubyk Platform during the term of your subscription solely in accordance with these Master Terms, the applicable Tier-specific Terms and the Kubyk Acceptable Use Policy set out in Exhibit A to these Master Terms.

3.2 Scope

Your license is limited to the features and functionality available within your Tier. Access to additional features or tiers requires a separate agreement or upgrade.

4. Restrictions on Use

You agree that you will not:

  • 4.1 Copy, modify, or distribute the Kubyk Platform or any part thereof without the prior written consent of KeborMed, except to the extent that copying or modification of the code is permitted by the Terms of the Tier of the Kubyk Platform then in effect;
  • 4.2 Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Kubyk Platform;
  • 4.3 Remove, modify or obscure any copyright, trademark, or other proprietary notices contained in the Kubyk Platform, except to the extent permitted by the Terms of the Tier of the Kubyk Platform then in effect;
  • 4.4 Rent, lease, lend, sell, sublicense, or transfer the Kubyk Platform or any rights therein to any third party;
  • 4.5 Use the Kubyk Platform for any unlawful purpose or in violation of any applicable laws;
  • 4.6 Interfere with or disrupt the integrity or performance of the Kubyk Platform;
  • 4.7 Attempt to gain unauthorized access to the Kubyk Platform or its related systems;
  • 4.8 Export, re-export, or transfer the Kubyk Platform in violation of U.S. export control laws;
  • 4.9 Use the Lab, Lab+ and Scale tiers of the Kubyk Platform to support any Regulated Device, except to the extent permitted under the Kubyk Scale Terms, it being understood that in order to otherwise support a Regulated Device you must obtain an enterprise license from KeborMed. Any violation of this provision may result in immediate termination of access and other remedies available to KeborMed under applicable law.

5. Intellectual Property

5.1 Kubyk Platform Ownership

The Kubyk Platform, and the KeborMed Platform, including all intellectual property rights therein, are and shall remain the exclusive property of KeborMed and its licensors. KeborMed reserves all rights not expressly granted.

5.2 Customer Data Ownership

You retain all rights to your Customer Data. You grant KeborMed a limited license to use, process, and store Customer Data solely for providing the Kubyk Platform.

5.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Kubyk Platform may be used by KeborMed without restriction or compensation.

6. Privacy and Data

6.1 Privacy Policy

Your use of the Kubyk Platform is governed by our Privacy Policy, which is incorporated in these Master Terms by reference.

6.2 Data Security

KeborMed implements reasonable technical and organizational measures to protect Customer Data. However, no method of transmission or storage is completely secure.

6.3 Data Processing

The types of data you may process through the Kubyk Platform depend on your Tier. See your Tier-specific terms for data restrictions and requirements.

7. Confidentiality

7.1 Definition

"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or reasonably should be understood to be confidential.

7.2 Protection

Each of us agrees to protect the other's Confidential Information using reasonable care and to use it only for purposes of this Agreement.

7.3 Exclusions

Confidential Information excludes information that: (a) is publicly available; (b) was known prior to disclosure; (c) is received from a third party without breach; or (d) was independently developed.

8. Warranty Disclaimer

EXCEPT FOR THE WARRANTIES MADE IN THE KUBYK SCALE TERMS, THE KUBYK PLATFORM IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEBORMED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KEBORMED DOES NOT WARRANT THAT THE KUBYK PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Indemnification

You agree to indemnify, defend, and hold harmless KeborMed and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Kubyk Platform in violation of these terms; (b) your violation of any laws or third-party rights; (c) any Customer Data you upload or process; or (d) any third-party claims arising from your use of the Kubyk Platform.

10. Limitation of Liability

10.1 Exclusion of Damages

IN NO EVENT SHALL KEBORMED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10.2 Liability Cap

KEBORMED'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE LIABILITY CAP SPECIFIED IN THE APPLICABLE TIER-SPECIFIC TERMS.

10.3 Carveouts

The limitations in Sections 10.1 and 10.2 shall not apply in the event of KeborMed's gross negligence or willful misconduct.

11. Term and Termination

11.1 Term

These Master Terms commence when you accept them and continue until terminated.

11.2 Termination for Convenience

Except as provided in the Kubyk Scale Terms, either party may terminate with thirty (30) days prior written notice.

11.3 Termination for Cause

Either of us may terminate immediately upon written notice if the other materially breaches these Master Terms and fails to cure within fifteen (15) days after notice. A "material breach" includes: (a) unauthorized data processing; (b) breach of confidentiality; (c) unlawful use; or (d) failure to pay fees (for paid tiers).

11.4 Effect of Termination

Upon termination: (a) your license terminates; (b) you must cease using the Kubyk Platform; (c) each party returns or destroys Confidential Information; (d) provisions intended to survive termination shall remain in effect.

11.5 Data Retrieval

Data retrieval following termination shall be governed by the applicable tier schedule.

12. Beta Program

12.1 Beta Opt-In

You will only receive access to a Beta Feature if you affirmatively opt in.

12.2 Beta Terms

Beta Features are provided solely for evaluation, free of charge, and on an "AS IS" and "AS AVAILABLE" basis, without warranties or commitments of any kind. Beta Features may contain bugs, errors, or other issues and may be modified, suspended, or discontinued at any time. We have no obligation to provide support, maintenance, updates, or security commitments for Beta Features. TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE WILL HAVE NO LIABILITY ARISING FROM OR RELATED TO YOUR USE OF ANY BETA FEATURE.

12.3 Data and Feedback

You acknowledge that Beta Features may not have completed security or compliance reviews. You are responsible for determining whether Beta Features are appropriate for your intended use, including any applicable regulatory requirements. You hereby grant us a non-exclusive, royalty-free license to use any feedback related to Beta Features for product improvement.

12.4 Beta End Notification

We may, but are not obligated to, provide you with advance notice that a Beta Feature is scheduled to transition to general availability or be discontinued ("Beta End Notice"). Unless otherwise stated in the Beta End Notice, your access to the applicable Beta Feature will terminate on the effective date specified in the notice. Continued use of the feature after that date may require you to purchase the applicable service Tier or feature set.

13. Dispute Resolution

13.1 Governing Law

These Master Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles, and excluding the Uniform Computer Information Transaction Act (UCITA) as it may be enacted, amended, or modified by the various states.

13.2 Arbitration

Any dispute shall be resolved by binding arbitration in accordance with AAA rules, in Wilmington, Delaware.

13.3 Class Action Waiver

WE BOTH AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION.

13.4 Jury Waiver

WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF THESE TERMS.

14. Audit and Compliance Verification

14.1 Regulated Use and PHI Restrictions

You are responsible for ensuring that your use of the Kubyk Platform complies with all applicable laws and regulations, including those governing medical devices, quality systems, and data protection. Unless expressly permitted by Schedule C, you must not upload, process, transmit, or store any PHI using the Kubyk Platform.

14.2 Audit and Certification Rights

To verify your compliance with these Master Terms, we may review Kubyk Platform logs, metadata, and other information generated through your use of the Kubyk Platform. We may also request that you provide a written certification, signed by an authorized representative, confirming your compliance with (i) PHI restrictions, and (ii) applicable regulatory requirements related to your use of the Kubyk Platform.

14.3 No Access to Customer Content

Nothing in this section permits us to access your underlying content or device data except as expressly authorized in the Agreement or required by law. Our review is limited to logs, metadata, and other operational information necessary to verify compliance.

15. Miscellaneous

15.1 Entire Agreement

These Master Terms, together with the applicable Tier-specific terms, constitute the entire agreement between the parties.

15.2 Taxes

Fees are exclusive of applicable taxes. You are responsible for all taxes, except taxes on KeborMed's income.

15.3 Modifications

We may modify these terms by posting a revised version, which modifications will be binding upon you if you continue to use the Kubyk Platform following posting. For material changes to these Master Terms or the Terms for the Kubyk Lab+ Tier or the Kubyk Scale Tier, we will provide written notice.

15.4 Severability

If any provision is held invalid, the remaining provisions remain in effect.

15.5 Assignment

You may not assign these terms without our consent. We may assign without restriction.

15.6 Notices

Notices shall be in writing, sent to the Kubyk Account Admin User's registered email or to legal@kebormed.com, and deemed received within 24 hours.

15.7 Force Majeure

Neither party is liable for failures due to causes beyond reasonable control.

15.8 Independent Contractors

The parties are independent contractors. Nothing creates a partnership, joint venture, or employment relationship.

15.9 Contact

For questions: legal@kebormed.com

Schedules

The following tier-specific terms are incorporated by reference and available at the URLs indicated:

ScheduleTierURL
Schedule AKubyk Labkubyk.health/terms/lab
Schedule BKubyk Lab+kubyk.health/terms/lab-plus
Schedule CKubyk Scalekubyk.health/terms/scale

Exhibit A: Acceptable Use Policy

Last updated February 23, 2026

This Kubyk Acceptable Use Policy (this "Policy") describes prohibited uses of the "Kubyk Platform" (as defined above in the Kubyk Master Terms of Service (the "Master Terms"). Capitalized terms used but not defined in this Policy shall have the meanings assigned thereto in the Master Terms. Kubyk is a product of KeborMed Inc., a Delaware corporation. We may modify this Policy at any time by posting a revised version. You agree to the latest version of this Policy. If you violate the Policy or authorize or help others to do so, we may suspend or terminate your use of the Kubyk Platform.

No Illegal, Harmful, or Offensive Use or Content

You may not use, or encourage, promote, facilitate or instruct others to use, the Kubyk Platform for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:

  • Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming.
  • Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  • Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
  • Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

No Security Violations

You may not use the Kubyk Platform to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a "System"). Prohibited activities include:

  • Unauthorized Access. Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.
  • Interception. Monitoring of data or traffic on a System without permission.
  • Falsification of Origin. Forging TCP-IP packet headers, email headers, or any part of a message describing its origin or route. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

No Network Abuse

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:

  • Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.
  • Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
  • Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques.
  • Operation of Certain Network Services. Operating network services like open proxies, open mail relays, or open recursive domain name servers.
  • Avoiding System Restrictions. Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions.

No Email or Other Message Abuse

You will not distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (like "spam"), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender's identity without the sender's explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.

Our Monitoring and Enforcement

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Kubyk Platform. We may:

  • Investigate violations of this Policy or misuse of the Kubyk Platform; or
  • Remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you for use of the Kubyk Platform.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

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