Terms of Service

1. Agreement to Terms

By accessing or using Kounisou ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

Kounisou is an AI-powered fitness coaching platform operated by Kounisou Inc. ("Company", "we", "us", or "our"). The Service connects fitness coaches ("Coaches") with their clients ("Clients") and provides tools for workout programming, nutrition tracking, and client management.

2. Service Description

Kounisou provides a platform for fitness coaches to manage their coaching business, including:

• Workout program creation and assignment
• Nutrition planning and meal tracking
• Client communication and progress monitoring
• AI-powered workout and meal plan generation
• Payment processing through third-party providers
• Mobile applications for coaches and clients

Important: Kounisou is a technology platform, not a healthcare provider. We do not provide medical advice, diagnosis, or treatment. All fitness and nutrition recommendations are provided by individual Coaches and should not replace professional medical advice.

3. Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the security of your account credentials and accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach
• Be at least 16 years old in the EU (for health data processing) or 13 years old in other jurisdictions

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. User Roles and Responsibilities

4.1 Coach Responsibilities

As a Coach, you agree to:

• Hold appropriate certifications and licenses required in your jurisdiction
• Provide accurate, safe, and appropriate fitness and nutrition guidance
• Screen clients for medical conditions and refer them to healthcare professionals when appropriate
• Maintain professional liability insurance
• Respond to client inquiries in a timely and professional manner
• Comply with all applicable laws and regulations regarding fitness coaching and nutrition guidance
• Not use AI-generated content without reviewing and validating it for accuracy and safety

4.2 Client Responsibilities

As a Client, you agree to:

• Consult with a healthcare professional before starting any new fitness or nutrition program
• Provide accurate health information to your Coach, including any medical conditions or limitations
• Follow your Coach's guidance at your own risk and stop immediately if you experience pain or discomfort
• Respect your Coach's time and expertise

5. Acceptable Use Policy

You agree not to:

• Violate any laws, regulations, or third-party rights
• Transmit harmful, offensive, or inappropriate content
• Harass, threaten, or abuse other users
• Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Attempt to gain unauthorized access to the Service or other accounts
• Use automated systems (bots, scrapers) to access the Service without permission
• Interfere with or disrupt the Service or servers
• Distribute spam, malware, or phishing content
• Reverse engineer, decompile, or attempt to extract source code
• Resell or redistribute the Service without authorization

6. AI-Generated Content Disclaimer

Our Service uses AI technology to assist in generating workout plans, meal plans, and other fitness-related content. You acknowledge and agree that:

• AI-generated content is provided as suggestions and recommendations only
• Coaches must review, validate, and customize all AI-generated content before assigning it to clients
• AI-generated content may contain errors, inaccuracies, or inappropriate recommendations
• We do not guarantee the accuracy, safety, or suitability of AI-generated content
• Final responsibility for all programming and guidance rests with the Coach, not the platform

7. Intellectual Property

7.1 Coach Content

Coaches retain all intellectual property rights to their original content (workout programs, meal plans, educational materials, etc.). By using the Service, Coaches grant us a limited license to host, display, and transmit their content solely for the purpose of operating the Service.

7.2 Platform Content

The Kounisou platform, including its software, design, branding, exercise library, and documentation, is owned by Kounisou Inc. and protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property without prior written consent.

7.3 Content Protection

We implement screenshot detection and other digital rights management (DRM) technologies to protect Coach content from unauthorized distribution. Clients agree not to copy, share, or redistribute Coach content outside the platform.

8. Payment Terms

8.1 Platform Fees

Kounisou operates on a subscription model for Coaches:

• Free tier: Limited features, 3 clients maximum
• Growth tier: $149/month, 25 clients maximum
• Pro tier: $299/month, unlimited clients
• Studio tier: $699/month, multi-coach accounts

We charge 0% commission on client payments. All client payments go directly to Coaches via Stripe Connect.

8.2 Payment Processing

Payments are processed through Stripe. By using payment features, you agree to Stripe's terms of service. We do not store credit card information.

8.3 Refund Policy

Subscription fees are billed monthly and are non-refundable except where required by law. You may cancel your subscription at any time, and you will retain access until the end of your current billing period. Refunds for client coaching services are at the discretion of individual Coaches.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE ARE NOT LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES RESULTING FROM USE OF THE SERVICE OR FOLLOWING FITNESS/NUTRITION PROGRAMS
• WE ARE NOT LIABLE FOR COACH CONDUCT, QUALIFICATIONS, OR THE QUALITY OF COACHING SERVICES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

Some jurisdictions do not allow limitations on implied warranties or liability for incidental damages, so the above limitations may not apply to you.

10. Dispute Resolution

Any disputes arising from these Terms or your use of the Service will be resolved through binding arbitration, except where prohibited by law. You agree to:

• First attempt to resolve disputes informally by contacting support@kounisou.com
• If informal resolution fails, submit to binding arbitration under the rules of a recognized arbitration body
• Waive the right to participate in class action lawsuits
• Resolve disputes on an individual basis only

11. Termination

We may suspend or terminate your access to the Service immediately, without notice, for:

• Violation of these Terms
• Fraudulent, illegal, or harmful activity
• Non-payment of subscription fees
• At our discretion to protect the Service or other users

Upon termination:

• Your right to use the Service ceases immediately
• You may export your data within 30 days
• We may delete your account and data after the retention period
• Outstanding fees remain due

12. Account Deletion

You may request account deletion at any time through your settings. Upon deletion:

• Your data will be scheduled for deletion within 30 days (grace period)
• You may cancel the deletion request during the grace period
• After 30 days, all data is permanently deleted and cannot be recovered
• Some data may be retained for legal compliance (billing records, transaction logs)

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

• Email to your registered address
• In-app notification
• Notice on our website

Continued use of the Service after changes constitutes acceptance of the new Terms. If you disagree with changes, you must stop using the Service and delete your account.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction where Kounisou Inc. is registered, without regard to conflict of law principles. For users in the EU, certain consumer protection laws may apply regardless of governing law.

15. Contact Information

If you have questions about these Terms, please contact us:

• Email: support@kounisou.com
• Legal Entity: Kounisou Inc.