Terms of Service

Effective date: 25 September 2026 Last updated: 24 September 2026 Version: 2.0

1. Agreement to These Terms

By creating an account, accessing, or using the Kounisou platform at kounisou.com or through any Kounisou mobile application (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms constitute a legally binding agreement between you and Kounisou LLC, a Colorado limited liability company ("Kounisou," "Company," "we," "us," or "our"), with its principal place of business in Denver, Colorado.

2. Eligibility — You Must Be 18 or Older

You must be at least 18 years of age to create an account or use the Service. By creating an account, you represent and warrant that you are at least 18 years old. Kounisou does not knowingly collect or process personal information from individuals under 18. If we learn that an account belongs to a person under 18, we will terminate the account and delete the data promptly.

Clients must also be 18 or older. Coaches must not invite, or enter data about, anyone under 18.

3. The Service

Kounisou is a software-as-a-service (SaaS) platform that provides personal trainers, fitness coaches, and wellness professionals ("Coaches") with tools to manage their coaching businesses and clients, including:

• Workout program creation, scheduling, and assignment
• Nutrition planning, meal tracking, and food-photo AI analysis
• Client progress monitoring, check-ins, and messaging
• Wearable device and health-platform data integration (Fitbit, Oura, WHOOP, Strava, Garmin, Apple Health, Health Connect)
• AI-assisted content generation (workout plans, meal plans, check-in reply drafts, progress reports)
• Video coaching sessions (powered by Daily.co)
• Client payment processing via Stripe Connect
• Mobile applications for coaches and clients

Kounisou is a technology platform, not a healthcare provider, medical practice, or licensed health service. We do not provide medical advice, diagnosis, treatment, or clinical services of any kind.

4. User Roles

The Service has two primary user roles:

• Coach: A fitness or wellness professional who subscribes to a paid or free plan and uses the platform to manage clients and run their coaching business.
• Client: An individual invited by a Coach to use the platform as the Coach's client.

All users must be at least 18 years old (Section 2). By accepting a Coach invitation, Clients agree to these Terms in addition to any separate service agreement with their Coach.

5. Coach Responsibilities

Coaches are independent professionals, not employees or agents of Kounisou. By using the Service as a Coach, you represent, warrant, and agree to the following:

5.1 Qualifications

You hold all certifications, licenses, and credentials required by applicable federal, state, and local law to provide fitness coaching, personal training, and nutritional guidance in your jurisdiction. You will maintain those credentials and notify us immediately if any are revoked or suspended.

5.2 Client Screening and Informed Consent

• You will conduct appropriate pre-exercise health screening of each client before beginning programming, including administering or reviewing a PAR-Q (Physical Activity Readiness Questionnaire) or equivalent screening tool.
• You will obtain written informed consent from each client before beginning coaching services, which must include disclosure that coaching services are not a substitute for medical advice.
• You understand and agree that Kounisou provides no standardised consent forms and bears no responsibility for the adequacy of consents you obtain from your clients.

5.3 Lawful Basis for Uploading Client Data

You warrant that, before uploading or entering any personal data about a client into the Service, you have a lawful basis to do so under applicable privacy law, and that you have obtained any consent or authorisation required to share that data with Kounisou and its subprocessors. You are the data controller for your clients' personal data; Kounisou is your data processor for that data.

5.4 Not Practising Medicine

You will not use the Service to provide medical advice, diagnose conditions, prescribe medications, interpret clinical test results, or practise medicine or any other licensed healthcare profession. You will refer clients to qualified healthcare professionals whenever a client presents with symptoms, injuries, or conditions outside your scope of practice.

5.5 Professional Liability Insurance

You are strongly encouraged to maintain professional liability (errors and omissions) insurance adequate for your coaching practice. Kounisou does not provide or arrange such insurance.

5.6 AI Content Review

You must review, validate, and take professional responsibility for all AI-generated content (workout plans, meal plans, check-in replies, progress reports) before delivering it to clients. Delivering unreviewed AI-generated content to clients is a violation of these Terms. See Section 11 (AI Output Disclaimer).

5.7 Compliance with Laws

You will comply with all applicable federal, state, and local laws governing personal training, fitness coaching, nutritional guidance, personal data, and client health information in every jurisdiction where you practice.

6. Assumption of Risk and Release

6.1 Exercise and Diet Carry Inherent Risk

Exercise, physical training, dietary changes, and nutritional programming involve inherent risks of physical injury, illness, or death, including but not limited to muscle strains, joint injuries, cardiovascular events, nutritional deficiencies, allergic reactions, and exacerbation of pre-existing conditions. These risks exist regardless of the guidance provided and cannot be fully eliminated.

6.2 Voluntary Participation

By using the Service — whether as a Coach or as a Client — you voluntarily assume all risks associated with physical activity and dietary changes undertaken in connection with the Service. You acknowledge that no coaching guidance, AI-generated plan, or platform feature eliminates these inherent risks.

6.3 Medical Clearance

Before beginning any new fitness programme or making material changes to diet, you should obtain clearance from a licensed physician or qualified healthcare provider, particularly if you have any pre-existing medical condition, are pregnant, have a history of cardiovascular disease, or have been sedentary.

6.4 Release

To the fullest extent permitted by applicable law, you release Kounisou LLC, its sole member, officers, employees, and agents from any and all claims, demands, damages, and liability arising from or related to physical injury, illness, or other harm resulting from exercise, training, or dietary changes made in connection with the Service, including AI-generated recommendations. This release does not apply to Kounisou's gross negligence or wilful misconduct.

7. Medical Disclaimer

The Service, all content available through the Service, and all communications from Coaches facilitated through the Service do not constitute medical advice, medical diagnosis, or treatment. The Service does not create a doctor-patient relationship.

Consult a physician or qualified healthcare provider before beginning any new fitness or nutrition programme, particularly if you have a pre-existing medical condition, are pregnant, or are over age 65. Do not disregard professional medical advice or delay seeking it because of anything you read or experience through this Service.

Kounisou is not a HIPAA covered entity or business associate. Health information entered on the platform is voluntarily shared for fitness coaching purposes and is not subject to HIPAA protections.

8. AI Output Disclaimer

8.1 AI Features

The Service uses AI models accessed through OpenRouter (a routing provider) to Anthropic Claude models to generate workout plans, meal plans, food-photo nutritional estimates, check-in reply drafts, weekly progress reports, and conversational coaching assistance.

8.2 AI Is a Tool, Not a Professional

AI-generated content is produced by automated systems and:

• May contain errors, inaccuracies, or unsafe recommendations
• Does not account for all individual health, medical, or physiological factors
• Is not reviewed or supervised by a licensed healthcare or fitness professional prior to generation
• Does not constitute medical advice, nutritional counselling, or clinical guidance of any kind
• Must be reviewed and validated by the Coach before being delivered to any client

8.3 No Guarantee of Accuracy

Kounisou makes no representation or warranty that AI-generated content is accurate, safe, appropriate, or suitable for any particular individual. Final professional responsibility for all programming and guidance rests with the Coach.

8.4 AI Training

We do not use your content or your clients' data to train AI models. AI requests are processed by Anthropic's Claude models, routed through OpenRouter; under Anthropic's commercial terms, API inputs and outputs are not used to train its models by default.

9. Indemnification by Coaches

You agree to defend, indemnify, and hold harmless Kounisou LLC, its sole member, officers, employees, and agents from and against any and all claims, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) your use of the Service or any content you submit, post, or transmit through the Service;

(b) your coaching services, including injury, harm, or dissatisfaction experienced by any of your clients;

(c) your violation of these Terms, including any representation or warranty you have made;

(d) your violation of any applicable law or third-party right, including any intellectual property right or privacy right;

(e) any claim by one of your clients arising from your upload of their personal data without lawful basis or adequate consent;

(f) any claim arising from AI-generated content you delivered to a client without adequate review and customisation; or

(g) any tax obligations arising from your client payment transactions processed through Stripe Connect.

10. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right
• Transmit or post content that is unlawful, defamatory, obscene, threatening, or harassing
• Impersonate any person or entity, or misrepresent your affiliations
• Attempt to gain unauthorised access to the Service, other accounts, or Kounisou's systems
• Use automated tools (bots, scrapers, scripts) to access the Service without Kounisou's prior written permission
• Interfere with or disrupt the Service, servers, or networks
• Distribute spam, malware, phishing content, or other harmful code
• Reverse engineer, decompile, disassemble, or attempt to derive source code from the Service
• Resell, sublicense, or redistribute access to the Service
• Collect personal information about other users without their consent
• Upload content that infringes any third-party copyright, trademark, or other intellectual property right
• Use the Service in a manner that competes with Kounisou's business (building a competing platform by scraping or extracting data)

11. Fair-Use Limits on AI Features

Subscription plans include AI-feature access subject to the following constraints:

• Free: Limited AI generations per month (as posted on the pricing page)
• Growth, Pro, Studio: Reasonable use consistent with a professional coaching practice; AI generations are metered against per-plan quotas documented in your account dashboard
• All plans: No automated or scripted bulk generation; AI features are for use in your actual coaching practice, not for resale of AI-generated content or for research purposes

Kounisou reserves the right to throttle, suspend, or terminate accounts that materially exceed reasonable use limits. We will give advance notice before suspension for overuse except in cases of fraud or automated abuse.

12. Subscription, Trials, Cancellation, and Refunds

12.1 Plans and Pricing

Kounisou offers the following subscription tiers for Coaches (pricing subject to change with 30 days' notice):

12.2 Billing

Subscriptions are billed monthly in advance through Stripe. Your subscription auto-renews at the end of each billing period unless cancelled. By providing payment information, you authorise Kounisou to charge the subscription fee to your payment method on a recurring basis.

12.3 Free Trials

Paid plans include a 14-day free trial the first time you subscribe. A payment method is required to start it. Unless you cancel before the trial ends, you will be charged the plan's price when it ends. One trial per Coach.

12.4 Cancellation

You may cancel your subscription at any time through your account settings (Billing → Manage subscription, in your dashboard). Cancellation takes effect at the end of the current billing period. You retain access to paid features until that date. No partial-period refunds are issued except where required by law.

12.5 Refunds

Subscription fees are non-refundable except: (a) where required by applicable consumer protection law; (b) in cases of billing error attributable to Kounisou; (c) at Kounisou's sole discretion in exceptional circumstances.

12.6 Price Changes

Kounisou may change subscription prices at any time with at least 30 days' notice. Continued use of the Service after a price change takes effect constitutes acceptance of the new price.

13. Stripe Connect — Coach Payment Processing

13.1 Direct Charges Model

Kounisou provides Coaches with access to Stripe Connect to enable Coaches to collect payments from their clients. Kounisou uses the direct charges model, in which:

• The Coach's own Stripe Standard account is the merchant of record
• Client payments are charged directly to the client's payment method and deposited into the Coach's Stripe account
• Kounisou charges 0% commission on client payments (Kounisou does not receive or retain any portion of coach-client transaction proceeds)
• Standard Stripe processing fees apply to the Coach's account per Stripe's published rates

13.2 Coach Obligations

By connecting a Stripe account and using payment features, you agree that:

• You are solely responsible for all client refunds, chargebacks, disputes, and fraud losses on your Stripe account
• You will comply with Stripe's terms of service and acceptable use policy at all times
• You are solely responsible for determining, collecting, reporting, and remitting all applicable taxes on your client transactions, including but not limited to sales tax, VAT, and income tax
• You will provide your clients with receipts, refund policies, and any disclosures required by applicable law
• Kounisou has no liability for failed payments, Stripe account holds, or disputes between you and your clients

13.3 Stripe Terms

Payment processing services are provided by Stripe and are subject to the Stripe Services Agreement and Stripe Connect Account Agreement. By using payment features, you agree to those agreements.

14. Data Ownership and Licence

14.1 Your Content

You retain all intellectual property rights in content you create and upload to the Service, including workout programmes, meal plans, coaching materials, and other original content ("Coach Content").

14.2 Client Data

Personal data belonging to clients (health data, check-in responses, measurements, messages, etc.) belongs to the coach-client relationship. Coaches are responsible for ensuring clients have been informed about how their data is processed on the platform.

14.3 Licence to Kounisou

By uploading or submitting content to the Service, you grant Kounisou a non-exclusive, worldwide, royalty-free licence to host, store, transmit, display, and process that content solely as necessary to operate and provide the Service. This licence terminates when you delete the content or close your account, subject to Section 17 (Data Export and Termination).

14.4 AI Training

Your content and client data are not used to train AI models. See Section 8.4.

14.5 Exercise Library

The exercise library combines content created by Kounisou with openly licensed exercise descriptions and images. It is provided for use within the Service.

15. Intellectual Property

The Kounisou name, logo, platform software, design systems, documentation, and other platform-level materials (excluding Coach Content) are owned by Kounisou LLC and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from Kounisou's intellectual property without prior written consent.

16. Beta Features

Kounisou may make beta, preview, or experimental features available to you ("Beta Features"). Beta Features are provided "as is" without warranty of any kind and may be discontinued at any time. Do not rely on Beta Features for mission-critical operations. Feedback you provide on Beta Features is granted to Kounisou without restriction or compensation.

17. Termination and Data Export

17.1 Termination by You

You may close your account at any time from Settings → Privacy & Data (or by emailing admin@kounisou.com). Upon account deletion, your data is scheduled for permanent deletion after a 30-day grace period, during which you may cancel the deletion request.

17.2 Termination by Kounisou

Kounisou may suspend or terminate your account immediately, with or without notice, for:

• Material violation of these Terms
• Non-payment of subscription fees
• Fraudulent, illegal, or harmful activity
• Activity that poses a risk to other users or Kounisou's systems
• At Kounisou's discretion to protect the integrity of the Service

17.3 Data Export

Before termination or deletion, you may export your data and your clients' data using the export function in your account settings (Settings → Privacy & Data), which produces a JSON file. Coaches are responsible for notifying their clients and facilitating any data exports clients request before account termination.

17.4 Post-Termination

Upon termination: (a) all licences granted to you terminate immediately; (b) you must cease all use of the Service; (c) all accrued obligations (including outstanding fees) survive termination; (d) Sections 6, 7, 8, 9, 14, 18, 19, 20, 21, and 22 survive termination.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED, ERROR-FREE OPERATION.

(b) KOUNISOU IS NOT LIABLE FOR ANY PHYSICAL INJURY, ILLNESS, DEATH, OR OTHER HARM RESULTING FROM EXERCISE, TRAINING, OR DIETARY CHANGES UNDERTAKEN IN CONNECTION WITH THE SERVICE, WHETHER OR NOT BASED ON AI-GENERATED RECOMMENDATIONS.

(c) KOUNISOU IS NOT LIABLE FOR THE CONDUCT, QUALIFICATIONS, OR ACTIONS OF ANY COACH USING THE PLATFORM.

(d) KOUNISOU IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(e) KOUNISOU'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES YOU PAID TO KOUNISOU IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (ii) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow limitation or exclusion of certain warranties or liability; in those jurisdictions, the above limitations apply to the fullest extent permitted by law.

19. Dispute Resolution and Arbitration

19.1 Informal Resolution First

Before initiating any formal dispute, the party raising a claim must send a written notice to the other party describing the claim and the relief sought. Parties will attempt to resolve the dispute informally for 30 days after notice. Notices to Kounisou must be sent to admin@kounisou.com with the subject line "Dispute Notice."

19.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including questions of arbitrability — shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (for individuals) or Commercial Arbitration Rules (for business entities), as applicable.

The arbitration will be conducted in English, seated in Denver, Colorado. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

19.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. If this class-action waiver is found unenforceable as applied to a particular claim, that claim may proceed in court while all other claims proceed in arbitration.

19.4 Exceptions

Either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Small claims court actions that otherwise qualify are also excluded from arbitration.

20. Governing Law and Venue

These Terms and any dispute arising from them are governed by the laws of the State of Colorado, United States, without regard to conflict-of-law principles. For any claim not subject to arbitration, the exclusive venue is the state and federal courts located in Denver County, Colorado, and each party consents to personal jurisdiction there.

21. Changes to These Terms

Kounisou may modify these Terms at any time. For material changes, we will provide at least 30 days' notice by email to your registered address, in-app notification, and a notice on the website. Your continued use of the Service after the effective date of changes constitutes acceptance. If you disagree with material changes, your sole remedy is to cancel your subscription and stop using the Service before the changes take effect.

22. General

• Entire Agreement. These Terms, together with the Privacy Policy and any applicable Stripe Connect terms, constitute the entire agreement between you and Kounisou regarding the Service.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
• No Waiver. Kounisou's failure to enforce any provision does not constitute a waiver of that provision.
• Assignment. You may not assign your rights under these Terms without Kounisou's prior written consent. Kounisou may assign its rights in connection with a merger, acquisition, or sale of all or substantially all assets.
• Force Majeure. Kounisou is not liable for failure or delay in performance due to causes beyond its reasonable control.
• Relationship. You and Kounisou are independent parties. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship.

23. Contact

Kounisou LLC Denver, Colorado Email: admin@kounisou.com Website: kounisou.com

By creating an account or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.