Kula Ops + Intelligence Terms of Service

Version 2.0 · 31 October 2026. These Terms replace the Kula Intelligence Terms of Service (Version 1.0, 19 June 2026). Kula Ops is part of Kula Intelligence, so one document now covers both. They are separate from the terms of Kula Fitness, the execution platform.

These Terms of Service (“Terms”) govern access to and use of Kula Ops and Kula Intelligence (together, “the service”), provided by Kula Holdings Pty Ltd (ABN 53 676 723 452) of Sydney, New South Wales, Australia (“Kula”, “we”, “us”, “our”). By opening an account, accepting an invitation to a business, connecting a data source, connecting an AI client, or installing and using the Kula app, you agree to them.

1. The service

Kula Intelligence connects the systems a business already runs (booking, payments, accounting, rostering, marketing and the documents the team works from), builds a model of the business from them, and answers questions in plain language from the business’s own numbers. It is reachable in two ways: through the Kula Ops app, and as a Model Context Protocol (MCP) server from an AI client the business chooses, such as Claude or ChatGPT.

Kula Ops is the app a team opens every day, published in the App Store as “Kula” and also available in a browser. It gives each person the shift brief, the situations and work that need them, their team’s messages, the Apps the business has switched on (for example checks, time entries, deliveries, equipment, meetings), and a way to ask Kula about the business by typing or speaking. It runs on iPhone, iPad and Mac, on Android and Windows, and in a browser.

The service is a layer beside the systems a business already runs. It is not a booking platform, a payment processor, a payroll system or a system of record, and nothing in these Terms makes it one.

2. Who uses the service

Two kinds of people use the service, and both are bound by these Terms:

• A business (the studio, gym or other organisation that opens a Kula account) is our customer. “You” and “your” in these Terms refer to the business unless the context says otherwise. The person who opens the account warrants that they have authority to bind the business.
• A staff member is a person the business invites into Kula Ops with a code, link or QR code. Staff members use the service on the business’s behalf and under its direction. The business is responsible for the acts and omissions of the people it invites, and for removing their access when it should end.

You must be at least 18 years old to open a business account. Kula Ops is a workplace tool: a business may invite the people who work for it, and is responsible for any consent the law requires where a staff member is under 18.

3. Accounts, invitations and devices

• You must provide accurate information when opening an account or joining a business, and keep it current.
• Nobody is asked for a password in the Kula app. Each way in is a short single-use code that the app trades for its own device credential; on Apple devices, genuine builds also register with Apple App Attest. You are responsible for activity under your credentials, the devices you add and the invitations you issue. Tell us promptly at security@kula.digital if you suspect unauthorised access.
• A business can see and revoke any person’s or device’s access from the console or the Team app. A staff member can remove their own devices from Profile.
• The demo business on the welcome screen is look-only and holds no real person’s data. Nothing you do there reaches anyone.

4. Connecting data: your responsibilities

When a business connects a data source, it confirms that:

• it has the right and authority to grant Kula access to that data, including any write access it enables;
• it has the consents, notices and lawful basis required under the Privacy Act 1988 (Cth) and the Australian Privacy Principles for Kula to handle the personal information involved (including members’ and staff’s personal information) as its processor;
• where the data includes sensitive information, such as health information about members, it has met the additional requirements the Privacy Act places on sensitive information; and
• it will set an appropriate permission level on each connection and AI client, so that each sees only what it needs.

The business remains the controller of its data. A connection can be revoked at any time; revoking it may disable features that depend on it. Kula processes that data on the business’s behalf under the Data Processing Agreement.

5. Staff records and workplace notice

Kula Ops records what a person does in the app for the business they work for: a decision on a situation, a task captured or completed, a hand-over, a notice acknowledged, a time entry corrected, a message sent, a question asked of Kula and the answer given. These records belong to the business, carry the person’s name, and are visible to the people who run the business according to the access it configures.

Kula reads the team’s messages and captures in order to do its work: to file a task a person asks for in a message, to brief the right person, to answer a question that refers to a thread, and, where the business instructs it, to review communications for workplace concerns such as bullying or harassment, or confidential information leaving the business, and report to the people the business nominates. The business decides whether to switch those reviews on. Where the law of the business’s state or country requires notice to employees before workplace communications or activity are recorded or reviewed (for example the Workplace Surveillance Act 2005 (NSW)), the business is responsible for giving that notice; a notice template is provided.

Where a business switches on an App that connects a third-party rostering or time product, and uses it to review, correct or approve working time, the business is responsible for the accuracy of the hours it approves and for everything downstream of them, including payroll. Pay rates never enter Kula.

6. Recording meetings and voice

Kula Ops can turn speech into text for a question, a message, a voice note or a meeting. A meeting is recorded only when a person starts it, and the app shows that it is recording. The person who starts a recording is responsible for telling everyone in the room and for obtaining any consent that the law of their state or country requires before recording a conversation. A meeting’s words are written on the device; the sound is kept on the device and never sent to Kula.

7. AI output: read this

Answers, briefs, situations and suggestions are produced by AI models reading the business’s data. They may be incomplete, out of date or wrong. Kula does not guarantee the accuracy of any answer. Treat output as decision support, not as professional, financial, legal, medical, employment or tax advice, and verify anything material before acting on it.

Kula Ops decides nothing on its own. It raises a situation with the picture it assembled and the move it would make; the decision, including “leave it”, is a person’s, and is recorded with their reasons. Where a business switches on an agent that carries out a routine, the business sets what it may do and the business is responsible for the result. You are responsible for the decisions made and actions taken using the service.

Where the service calls a third-party AI model, it does so under terms that do not allow that provider to train on your data. The providers used, where they run, and how Kula itself learns from use of the service are set out in the Privacy Policy.

8. What the service does and does not do

The service reads from the systems a business connects and keeps its own records inside that business’s Kula database. It changes a third-party system only through an App the business has switched on, within the access the business has granted to that App, and to carry out something a person has asked for. Not every business uses every App. For example, a business that switches on the time entries App connects its own rostering product, and a timesheet correction a person confirms is written back there. Where the business also uses Kula Fitness, the messages, files and cover decisions a person makes in Kula Ops are passed to Kula Fitness to carry out.

Inside the business, Kula may speak first. It can message a staff member on its own: the shift brief, a situation that needs a decision, a reminder, a reply in a thread. Outside the business, it sends nothing on its own. A message to a member, a supplier or any other outside party, or a change to an outside system, happens only when a person explicitly asks Kula to do it. A text message to a member then goes through the business’s own messaging account, and an email is handed to the person’s own mail app to send.

The service does not move money: it never charges a card, issues a refund, transfers funds or runs payroll. It does not post to social media. It does not generate images, audio or video.

The service never reads another business’s data to answer yours. There is no cross-business read path.

9. Acceptable use

You must not, and must not permit anyone to:

• use the service for any unlawful purpose, or to harass, surveil or harm any person;
• access data you are not authorised to access, or attempt to reach another business’s data;
• record a person without the notice or consent the law requires (see §6);
• probe, scan or test the security of the service except under our responsible disclosure process;
• resell, sublicense or commercially exploit the service except as expressly permitted. Consultants acting for a business with its authorisation are permitted, and the business remains responsible for their use; or
• interfere with or disrupt the integrity or performance of the service.

10. Apps and third-party services

Apps. Kula Ops includes Apps built by Kula, Apps a business builds for itself, and Apps from external providers Kula has reviewed. A business controls which Apps are switched on and who can use each. An App from an external provider is governed by that provider’s terms as well as these, and we do not warrant third-party Apps.

Connected systems. The third-party systems a business connects, directly or through an App (for example Mindbody, GymMaster, Wix, Stripe, Xero, Deputy, ClassPass, Meta or Google Analytics), are governed by the business’s agreements with those providers, not by these Terms. Which systems a business connects is its choice, and not every business connects every one.

AI clients. Where a business connects its own AI client to Kula Intelligence, the results of a question are sent to that provider under the business’s agreement with it. Where the service is listed in a third-party AI connector directory, use through that directory is also subject to the directory’s terms.

App stores. Where you install the Kula app from Apple’s App Store, Google Play or the Microsoft Store, that store’s terms also apply to that copy of the app. For the App Store copy, Apple’s standard Licensed Application End User License Agreement also applies. These Terms are between you and Kula, not Apple. Apple has no obligation to furnish maintenance or support for the app, is not responsible for addressing any claim relating to it, and is a third-party beneficiary of these Terms with the right to enforce them against you. To the extent Apple’s terms conflict with these, Apple’s terms govern your use of the App Store copy of the app.

11. Your data and our intellectual property

Your data stays yours. As between you and us, the business retains all right, title and interest in the data it connects, captures or generates through the service. You grant Kula a limited, non-exclusive licence to host, process and use that data to operate, secure, support and improve the service for you, and to use de-identified, aggregated information derived from it to improve the service for everyone, as set out in the Privacy Policy. Output about your data is yours.

Our software stays ours. Kula retains all right, title and interest in the Kula Ops and Kula Intelligence software, models, tools, documentation and the skill content it curates. The skill library is licensed under the Kula Skills Licence. You receive a limited, non-exclusive, non-transferable right to use the service during your subscription, subject to these Terms.

12. Fees

Where the service is offered on a paid basis, fees and billing terms are as presented when you subscribe or as set out in your order. Kula Ask, the metered AI path inside Kula Ops, is off unless a business switches it on, and runs within the daily and monthly allowance the business sets. Early-access and pilot terms may differ and will be made clear to you.

13. Availability and changes

We aim to keep the service available but do not commit to a specific uptime level unless agreed separately in writing. We may change, add or remove features, and may schedule maintenance. Material changes to the MCP tool surface are noted in the changelog.

14. Suspension and termination

• A business may stop using the service and close its account at any time. A staff member may leave a business from Profile at any time.
• We may suspend or terminate access for breach of these Terms, for non-payment, or where reasonably necessary to protect the service, other businesses or their people, or to comply with law. Where practicable we will give notice.
• On closure we handle data as set out in the Privacy Policy: the business may ask us to transfer its database to it, and the copies we hold are purged within 30 days, subject to the limited records the law requires us to keep.

15. Warranties and disclaimers

To the maximum extent permitted by law, the service is provided “as is” and “as available”, without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy of AI output, or uninterrupted availability. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or other law that cannot lawfully be excluded.

16. Limitation of liability

To the maximum extent permitted by law, and subject to any non-excludable rights:

• neither party is liable for indirect, incidental, special, consequential or punitive loss, or for loss of profits, revenue, goodwill or data; and
• Kula’s total aggregate liability arising out of or in connection with these Terms or the service is limited to the fees the business paid for the service in the three (3) months before the event giving rise to the claim, or, where the service was provided free of charge, AUD 100.

These limits do not apply to liability that cannot be limited at law, or to a party’s liability for fraud, wilful misconduct, or breach of confidentiality obligations.

17. Indemnity

The business will indemnify Kula against claims, losses and costs arising from its breach of these Terms, its lack of authority or lawful basis to connect a data source or invite a person, recordings made without the notice or consent the law requires, or its use of AI output in breach of §7, except to the extent caused by Kula’s own breach or negligence.

18. Governing law

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

19. Complaints and disputes

If you have a concern, contact us first at legal@kula.digital so we can try to resolve it. Privacy complaints are handled as set out in the Privacy Policy.

20. Changes to these Terms

We may update these Terms from time to time and will revise the version and date at the top. Where changes are material we will take reasonable steps to notify businesses in advance. Continued use after a change takes effect constitutes acceptance.

21. General

• Severability. If any provision is unenforceable, it is severed and the rest remains in force.
• Entire agreement. These Terms, with the documents they reference, are the entire agreement between us about the service and supersede prior discussions.
• Waiver. A failure to enforce a term is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, sale or reorganisation.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Notices. We may give notice by email to the account address or by posting in the app or console. Notices to us go to legal@kula.digital.
• No partnership. Nothing in these Terms creates a partnership, agency or employment relationship.
• Survival. Sections 7, 11, 15, 16, 17 and 18, and any clause that by its nature should survive, survive termination.

22. Contact

• General and legal: legal@kula.digital
• Privacy: privacy@kula.digital
• Security: security@kula.digital
• Support: support@kula.digital

Kula Holdings Pty Ltd, ABN 53 676 723 452, Sydney, New South Wales, Australia.

Version 2.0 · 31 October 2026.