1. INTRODUCTION

Welcome to Kudo Coach, a platform that delivers personalized, data-driven feedback to athletes. These Terms of Use ("Terms") govern your access to and use of the Kudo Coach website, mobile application, and services (collectively, the "Platform").

Please read these Terms carefully. By accessing or using our Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform.

2. DEFINITIONS

"Content" means any text, graphics, images, music, software, audio, video, information, or other materials that appear on the Platform.
"User Content" means any content that users provide to be made available through the Platform, including activity data imported from third-party platforms.
"We," "us," and "our" refer to Kudo Coach.
"You" and "your" refer to any individual or entity using our Platform.
"Coach" refers to users registered as coaches on the Platform.
"Athlete" refers to users registered as athletes on the Platform.

3. ACCOUNT REGISTRATION AND ELIGIBILITY

3.1 Account Creation

To use certain features of the Platform, you must register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.

3.2 Account Security

You are responsible for maintaining the confidentiality of your password and account information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3.3 Eligibility

You must be at least 16 years old to use the Platform. By using the Platform, you represent and warrant that you meet this requirement and that your use of the Platform does not violate any applicable laws or regulations.

4. PLATFORM USAGE AND CONDUCT

4.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Platform in any way that violates any applicable law or regulation
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Engage in any conduct that restricts or inhibits anyone's use of the Platform
• Attempt to gain unauthorized access to any portion of the Platform or any systems or networks connected to the Platform
• Use the Platform to transmit any viruses, malware, or other malicious code
• Harvest or collect email addresses or other contact information of other users
• Use automated scripts to collect information from or interact with the Platform without our prior consent
• Use the Platform in a manner that could disable, overburden, damage, or impair the Platform

4.2 Content Guidelines

You are solely responsible for any User Content you post, upload, or otherwise make available through the Platform. You agree that all User Content you provide will comply with these Terms and will not:

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property right
• Violate any law or regulation
• Be defamatory, obscene, pornographic, vulgar, offensive, or threatening
• Contain any material that could give rise to civil or criminal liability
• Contain any viruses, malware, or other malicious code

4.3 Digital Validation Experiment Feature

When using the Digital Validation Experiment feature (which generates activity names), you acknowledge that the names may be humorous, sarcastic, or contain mild language. By enabling this feature, you consent to receiving such content through your selected communication channels.

5. SUBSCRIPTION TIERS AND PAYMENT

5.1 Subscription Options

We offer different subscription tiers with varying features and capabilities:

Free Tier: Basic workout analysis with limited features
Athlete Pro: Advanced physiological analysis and unlimited platform connections
Coach Tier: Professional coaching tools and athlete management features

5.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We may change subscription prices with 30 days' notice
• Failed payments may result in account suspension

5.3 Cancellation

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period, and you will retain access to paid features until that time.

6. INTELLECTUAL PROPERTY RIGHTS

The Platform and its original content, features, and functionality are and will remain the exclusive property of Kudo Coach and its licensors. The Platform is protected by copyright, trademark, and other laws.

You retain ownership of any User Content you provide, but you grant us a license to use, modify, and display such content in connection with the Platform.

7. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your information as described in our Privacy Policy.

8. DISCLAIMER OF WARRANTIES

THE PLATFORM AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

The information and analysis provided by the Platform is not intended to replace professional medical or coaching advice. Always consult with a qualified healthcare provider or fitness professional before beginning or modifying any exercise program.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KUDO COACH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Our total liability to you for all claims arising from your use of the Platform shall not exceed the amount you paid us in the twelve months preceding the claim.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kudo Coach from any claims, damages, losses, and expenses arising from your use of the Platform or violation of these Terms.

11. TERMINATION

We may terminate or suspend your account and access to the Platform immediately, without prior notice, if you breach these Terms.

You may terminate your account at any time by contacting us or using the account deletion features in the Platform.

12. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to conflict of law principles. Any disputes shall be resolved in the courts of South Africa.

13. SEVERABILITY AND ENTIRE AGREEMENT

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kudo Coach regarding the Platform.

14. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the new Terms on this page and updating the "Last Updated" date. Continued use of the Platform after changes constitutes acceptance of the new Terms.

15. CONTACT US

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

legal@kudocoach.com

KUDO COACH TERMS OF USE