Kula Fitness Terms of Service

Version 1.1 · 25 July 2026

Kula Fitness is the execution platform. The read-only AI layer (Kula Intelligence) is governed by its own Terms and Privacy Policy; where Kula Fitness reads studio data it applies the same data-handling baseline, and adds the execute-side controls below.

These Terms of Service ("Terms") govern access to and use of Kula Fitness, the operating and execution platform provided by Kula Holdings Pty Ltd (ABN 53 676 723 452) of Sydney, New South Wales, Australia ("Kula", "we", "us", "our"). "You", "your" and "the studio" mean the boutique studio or other business that opens a Kula Fitness account, and any person it authorises to use the service on its behalf.

§1 Overview

Kula Fitness is the execution platform for boutique studios. It builds on the read-only Kula Intelligence layer, which provides scoped, audited, read-only access to a studio's data to answer plain-English questions. Kula Fitness extends that read layer into action: it can manage bookings and cover, send messages to members and teams, run automated actions, write back to connected tools, and carry out billing operations on the studio's behalf.

Because Kula Fitness executes (that is, it acts on the business rather than merely reading it), these Terms impose additional controls and obligations beyond those that apply to the read-only layer. Where Kula Fitness only reads studio data, the Kula Intelligence data-handling baseline applies. Where Kula Fitness takes action, the execute-side provisions in §5 to §7 also apply.

§2 Account & eligibility

You must provide accurate, current and complete information when opening and maintaining your account, and keep it up to date.
You are responsible for keeping account credentials secure and for all activity that occurs under your account. Notify us promptly at security@kula.digital of any suspected unauthorised access.
The individual who accepts these Terms warrants that they have authority to bind the studio. The studio is responsible for the acts and omissions of its users, staff and authorised consultants.
You must be at least 18 years old and able to form a binding contract under the laws of New South Wales, Australia.

§3 Connected systems & authority

Kula Fitness connects to third-party systems you nominate, including booking, payment, messaging and accounting systems. By connecting a system you represent and warrant that:

you have authority to connect that system and to grant Kula Fitness the access required to read from and, where applicable, write to it;
you have all consents, notices and lawful bases required under the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) for Kula Fitness to handle personal information processed through the service; and
where the data includes sensitive information (including health information about members) you have obtained the consents and met the additional handling requirements that the Privacy Act requires for sensitive information.

You may revoke a connection at any time. Revoking a connection may limit or disable features that depend on it.

§4 Acceptable use

You must not, and must not permit any person to:

use Kula Fitness for any unlawful purpose or in breach of any applicable law;
probe, scan or test the vulnerability of the service, or breach or circumvent any security or authentication measure, except under a written authorisation from us;
access the service or data without authorisation, or use another studio's data;
resell, sublicense or commercially exploit the service except as expressly permitted; or
interfere with or disrupt the integrity or performance of the service.

You may permit authorised consultants and advisers to use Kula Fitness on your behalf, provided they comply with these Terms. You remain responsible for their use.

§5 Execute-side actions & authorisation

This section is central to Kula Fitness and distinguishes it from the read-only Kula Intelligence layer. Kula Fitness can take actions on the studio's behalf, including:

Schedule and cover changes: creating, amending or cancelling bookings, classes, sessions and cover arrangements;
Member and team messaging: sending communications to members and team members through connected messaging, email and SMS providers;
Write-backs: writing updates to connected tools (for example, your booking system or accounting system); and
Billing operations: initiating charges, refunds and related payment operations through your nominated payment processor.

By using these features, the studio authorises Kula Fitness to take these actions on its behalf. The studio is responsible for reviewing automated actions and their outcomes. You can, and we encourage you to, configure approval controls, limits and thresholds so that defined actions require human review or sign-off before they execute. Where you leave an action set to run automatically, it will run without further prompting, and you accept responsibility for the result.

For clarity: the read-only Kula Intelligence layer never takes any of these actions; it only reads and answers. The execute-side capabilities in this section apply only to Kula Fitness, and only to the extent you have enabled and authorised them.

§6 Payments & money movement

Where Kula Fitness processes payments, charges or refunds, it does so through Stripe or another payment processor you nominate. The studio remains the merchant of record for transactions with its members and customers. You are responsible for:

your relationship with, and the terms and fees of, your payment processor;
the accuracy of amounts, refunds and credits initiated through Kula Fitness; and
chargebacks, disputes and reversals arising from your transactions.

Kula does not hold member or customer funds and is not a party to the payment contract between the studio and its members. Our fees for Kula Fitness are separate from, and additional to, any fees charged by your payment processor.

§7 Messaging & communications

Where Kula Fitness sends messages to your members or team, the studio is the sender and the controller of those communications. You must:

hold the consents required to send the messages, and honour opt-outs and unsubscribe requests;
comply with the Spam Act 2003 (Cth), including its consent, identification and unsubscribe requirements for commercial electronic messages; and
ensure message content is accurate, lawful and appropriate.

Kula provides the means to send messages; it does not author or endorse their content and is not the sender for the purposes of the Spam Act.

§8 AI output disclaimer

Kula Fitness insights, suggestions and automations are decision support. They may be incomplete, out of date or wrong. They are not professional advice (including legal, financial, accounting, medical or employment advice). For any consequential action (for example, money movement, member communications at scale, or staffing changes), a competent human must review the action before it takes effect. You are responsible for decisions made and actions taken using Kula Fitness output.

§9 Data & intellectual property

Studio data remains the studio's. As between you and us, you retain all right, title and interest in the data you connect or input. You grant Kula a limited, non-exclusive licence to host, process and use that data solely to operate, secure, support and improve the service for you, and as otherwise set out in the Kula Fitness Privacy Policy.

Kula retains all right, title and interest in the Kula Fitness platform, software, models, and related intellectual property. Nothing in these Terms transfers platform IP to you. We grant you a limited, non-exclusive, non-transferable right to access and use the service during your subscription, subject to these Terms.

§10 Third-party services & sub-processors

Kula Fitness relies on third-party services and sub-processors to operate. Those services operate under their own terms, and your use of a connected service is also governed by that provider's terms. In handling studio data, Kula acts as a processor on the studio's behalf and engages sub-processors under written terms consistent with the Kula Fitness Privacy Policy.

Sub-processors include, without limitation:

Sub-processor	Purpose
Neon	Database hosting
Google Cloud	Cloud infrastructure
Kinde	Authentication
Vercel	Application hosting
Resend	Transactional email
Twilio	Messaging / SMS
Stripe	Payment processing
Your booking system	Execute-side write-backs to scheduling
Your payment processor	Execute-side payments and refunds
Your messaging / email / SMS providers	Execute-side member and team communications

Australian studios' data is stored in-region (in Australia). The current sub-processor list and storage regions are maintained in the Kula Fitness Privacy Policy.

§11 Availability, changes & suspension

We aim to keep Kula Fitness available but do not guarantee uninterrupted or error-free operation. We may modify, add or remove features, and may schedule maintenance. We may suspend or limit access where we reasonably believe it is necessary to protect the service, other studios, members, or to comply with law, or where you materially breach these Terms. Where practicable we will give you notice.

§12 Warranties disclaimer

To the maximum extent permitted by law, Kula Fitness is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law or other law that cannot lawfully be excluded.

§13 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 paid by the studio for Kula Fitness in the three (3) months immediately preceding the event giving rise to the liability.

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.

§14 Indemnity, term & termination

You will indemnify Kula against claims, losses and costs arising from your breach of these Terms, your unlawful use of the service, your content or messages, or your breach of your obligations under the Privacy Act or Spam Act, except to the extent caused by Kula.

These Terms apply for as long as you have a Kula Fitness account. Either party may terminate as set out in your order or subscription. We may terminate or suspend for material breach that is not remedied after notice. On termination you must stop using the service. We will make your studio data available for export for a reasonable period after closure, after which it will be deleted in accordance with the Kula Fitness Privacy Policy and our retention obligations.

§15 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.

§16 Changes to these Terms

We may update these Terms from time to time. Where changes are material we will take reasonable steps to notify you. Your continued use of Kula Fitness after a change takes effect constitutes acceptance of the updated Terms.

Contact

For questions about these Terms, contact us:

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

Version 1.1 · 25 July 2026.