THE DIFFERENCE APP LLC

TERMS AND CONDITIONS

Last Revised: 06/22/2026

These Terms and Conditions (“Terms”) govern your access to and use of the The Difference mobile application and related services (the “Service”) provided by The Difference App LLC, a New York limited liability company (“The Difference,” “we,” “us,” or “our”). Please read these Terms carefully. Section 16 contains a binding arbitration agreement and a class-action waiver that affect your legal rights.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

2. Eligibility and Age Requirements

You must be at least 18 years old to enter into these Terms and to maintain an account. Individuals aged 13 to 17 may use the Service only with the verifiable consent and supervision of a parent or legal guardian who agrees to these Terms on their behalf and accepts responsibility for their use. The Service is not available to children under 13, and we do not knowingly permit them to register. The Service is intended for general wellness and is not appropriate for individuals for whom weight management or dietary change is medically contraindicated.

3. License to Use the Service

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use. We reserve all rights not expressly granted.

4. Not Medical Advice

The Service provides general wellness, dietary, and activity information and predictive features. It does not provide medical advice, diagnosis, or treatment, and it is not a substitute for the advice of a qualified healthcare provider. We recommend that you consult a physician before beginning any weight-management, dietary, or exercise program, particularly if you have any medical condition. By using the Service, you represent that you are doing so voluntarily and assume the risks associated with any lifestyle changes you choose to make.

5. Accounts and Registration

You agree to provide accurate information, to keep your credentials confidential, and to be responsible for activity under your account. Notify us promptly of any unauthorised use.

6. Subscriptions, Fees, Billing, and Cancellation

Certain features may require a paid subscription. Applicable prices and billing intervals will be disclosed to you before purchase. Subscriptions renew automatically at the end of each billing period unless cancelled. You may cancel at any time through the same method you used to subscribe (for example, your app-store account settings) or as otherwise described in the Service, and cancellation will take effect at the end of the then-current billing period. Except where required by law, fees already paid are non-refundable.

7. User Content

You may submit content through the Service (“User Content”). You retain ownership of your User Content. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display your User Content solely as necessary to operate and provide the Service. You represent that you have the rights necessary to grant this license and that your User Content does not violate any law or third-party right.

8. Acceptable Use

You agree not to misuse the Service, including by violating any law; infringing others’ rights; uploading malicious code; attempting to gain unauthorised access; scraping or harvesting data; reverse engineering except as permitted by law; or interfering with the integrity or performance of the Service.

9. Intellectual Property

The Service and its content, features, and functionality are owned by The Difference or its licensors and are protected by intellectual property laws. These Terms do not transfer any ownership to you.

10. Copyright Policy (DMCA)

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Notices must include the information required by 17 U.S.C. § 512(c)(3) and should be sent to our designated agent: Peter Conroy, The Difference App LLC, 131 Elm Street, Unit B, New Rochelle, NY 10805; peter@thedifferenceapp.com.

11. Third-Party Services

The Service may link to or integrate third-party products and services that we do not control. Your use of them is governed by their terms and privacy policies, and we are not responsible for them.

12. Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DIFFERENCE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA. OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

15. Indemnification

You agree to indemnify and hold harmless The Difference and its members, officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Service or your violation of these Terms or applicable law, except to the extent caused by our own gross negligence or willful misconduct.

16. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Please read this Section carefully. Except for disputes that qualify for small-claims court and except for claims seeking injunctive relief for intellectual-property infringement, 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. The arbitration will take place in Westchester County, NY or, at your election, by telephone, video or in your county of residence. The arbitrator’s decision is binding. YOU AND THE DIFFERENCE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. You may opt out of this arbitration agreement by sending written notice to the contact address below within 30 days of first accepting these Terms; if you opt out, the governing-law and venue provisions in Section 17 apply.

17. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Subject to Section 16, the state and federal courts located in New York will have exclusive jurisdiction over any dispute not subject to arbitration.

18. Changes to These Terms

We may modify these Terms from time to time. We will post the updated Terms and revise the “Last Revised” date, and, where required, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance.

19. Termination

We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms. You may stop using the Service at any time. Provisions that by their nature should survive termination will survive.

20. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and The Difference regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

21. Contact

The Difference App LLC, 131 Elm Street, Unit B, New Rochelle, NY 10805; thedifferenceapp@gmail.com; 914-740-8549.

22. Apple App Store Additional Terms

The following additional terms apply when you download, install, or use the The Difference application (the “App”) obtained from the Apple App Store, or use the App on an Apple-branded device. To the extent these additional terms conflict with any other provision of these Terms with respect to your use of the App on or obtained from Apple, these additional terms govern.

22.1 Acknowledgement. These Terms are concluded between you and The Difference only, and not with Apple Inc. (“Apple”). The Difference, not Apple, is solely responsible for the App and its content. These Terms do not provide usage rules for the App that conflict with the Apple Media Services Terms and Conditions in effect as of the date you accept these Terms, which you acknowledge you have had the opportunity to review.

22.2 Scope of License. The license granted to you for the App under Section 3 is further limited to a non-transferable license to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.

22.3 Maintenance and Support. The Difference is solely responsible for providing any maintenance and support services with respect to the App, as required under these Terms or applicable law. You and The Difference acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

22.4 Warranty. The Difference is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed under Section 13. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price, if any, paid by you for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be The Difference’s sole responsibility.

22.5 Product Claims. The Difference, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including but not limited to: (a) product-liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation. Such responsibility is subject to the disclaimers and limitations set forth in Sections 13 through 15.

22.6 Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, The Difference, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual-property infringement claim.

22.7 Legal Compliance. You represent and warrant that (a) you are not located in any country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

22.8 Developer Name and Contact. The App is provided by The Difference App LLC. Any questions, complaints, or claims with respect to the App should be directed to The Difference at the address, email, and telephone number set forth in Section 21.

22.9 Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).

22.10 Third-Party Beneficiary. You and The Difference acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.