Kahunas End User Terms & Conditions — Version 1.1
Version 1.1 · Effective Date 6 October 2026
Previous Version 17 August 2026 (v1.0) · Changes since last Section 18 (Account Suspension and Termination): added the 12-month limit for archived accounts.
Status Live · Supersedes BU Terms coverage
Governing Law United Arab Emirates · Jurisdiction Dubai Courts
Registered Office Kahunas FZE, Coworking Business Centre, Sharjah Publishing City Free Zone, Sharjah, UAE
Contact compliance@kahunas.io
1 Introduction
These End User Terms ("Terms") constitute a legally binding agreement between you ("you", "your", or "End User") and Kahunas FZE ("Kahunas", "we", "us", or "our") governing your access to and use of the Kahunas platform, websites, mobile applications, software, artificial intelligence features, integrations, content, messaging systems, and related services (collectively, the "Services"). Kahunas FZE is located at Coworking Business Centre, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates.
These Terms apply to individuals who access or use the Services as a client, member, participant, athlete, patient, customer, student, or other end user of a coach, trainer, practitioner, clinic, gym, business, organisation, or other professional service provider that uses the Services ("Coach").
By creating an Account, accessing the Services, accepting an invitation from a Coach, clicking to accept these Terms, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and the Kahunas Privacy Policy.
If you do not agree to these Terms, you must not access or use the Services.
2 Definitions
For the purposes of these Terms:
- Account A registered account used to access the Services.
- AI Features Any artificial intelligence, machine learning, predictive analytics, automated recommendation, chatbot, assistant, scoring, content generation, summarisation, or similar functionality made available through the Services.
- Coach Any coach, trainer, practitioner, consultant, clinic, gym, wellness professional, nutrition professional, healthcare professional, educator, organisation, or business that uses the Services and provides services to you.
- Content All software, functionality, text, graphics, interfaces, designs, audio, video, documents, content, and materials made available through the Services.
- Health Data Information relating to an individual's health, fitness, activity, recovery, sleep, wellbeing, nutrition, physiology, biometrics, wearable device information, or related information.
- Privacy Policy The Kahunas Privacy Policy as amended from time to time.
- Services The Kahunas platform, websites, mobile applications, software, integrations, AI Features, messaging systems, and related functionality.
- User Content Any content, information, messages, comments, forms, photographs, videos, recordings, measurements, progress images, documents, or other materials submitted, uploaded, stored, or transmitted by you through the Services.
3 Your Relationship with Your Coach
Your Coach is solely responsible for all services they provide to you. Your Coach determines, controls, and remains responsible for: coaching programmes; exercise programmes; nutrition plans; wellbeing recommendations; educational content; appointments; communications; assessments; pricing; refunds; cancellations; professional advice; and client management decisions.
Kahunas is not a party to the relationship between you and your Coach. Kahunas does not: employ Coaches; supervise Coaches; direct Coaches; monitor coaching quality; verify qualifications; provide coaching services; provide fitness services; provide nutrition services; provide therapy services; or provide healthcare services.
Any agreement between you and your Coach exists independently from Kahunas. Any dispute relating to coaching services, payments, programmes, advice, assessments, recommendations, outcomes, cancellations, refunds, or communications must be resolved directly with your Coach.
You acknowledge and agree that Kahunas shall have no responsibility or liability arising from services provided by your Coach.
To the maximum extent permitted by law, and subject to the Non-Excludable Rights provision in Section 20, you release Kahunas from any claim, demand, or damages of every kind arising out of or in connection with any dispute between you and your Coach.
4 No Professional Relationship with Kahunas
You acknowledge and agree that your use of the Services does not create any healthcare, medical, therapeutic, coaching, advisory, fiduciary, employment, partnership, agency, practitioner-client, or similar professional relationship between you and Kahunas.
Any professional relationship, including any coaching, training, nutrition, wellbeing, healthcare, educational, consulting, or other professional relationship, exists solely between you and your Coach.
Kahunas acts solely as a provider of technology services and does not assume any professional duty of care owed by your Coach. Nothing in the Services shall be interpreted as creating a professional-client relationship between you and Kahunas.
5 Eligibility
You may use the Services only if:
- you are at least sixteen (16) years old;
- you possess legal capacity to enter into binding agreements;
- your use of the Services is lawful in your jurisdiction; and
- all information you provide is accurate, complete, and current.
If you are under the age of legal majority in your jurisdiction, you represent and warrant that your parent or legal guardian has reviewed and accepted these Terms on your behalf.
You agree to maintain accurate account information and promptly update information that becomes inaccurate or incomplete. Kahunas reserves the right to suspend or terminate access where eligibility requirements are not satisfied.
6 Account Registration and Security
To access certain features of the Services, you may be required to create an Account. You agree to: provide accurate registration information; maintain accurate information; keep your login credentials confidential; maintain the security of your Account; notify Kahunas promptly of unauthorised access; and accept responsibility for all activity occurring under your Account.
You are responsible for all activity undertaken through your Account, whether authorised by you or not. You must not: share login credentials; permit another individual to use your Account; impersonate another person; or create an Account using false information.
Kahunas may suspend, restrict, or terminate Accounts that violate these Terms.
7 Use of the Services and Health Disclaimer
Subject to these Terms, Kahunas grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services solely for your personal use in connection with services provided by your Coach.
You may not: copy the Services; reproduce the Services; modify the Services; reverse engineer the Services; decompile the Services; attempt to access source code; interfere with the operation of the Services; circumvent technical protections; gain unauthorised access to systems or data; use the Services for unlawful purposes; or use the Services in a manner that infringes the rights of others.
Medical Disclaimer
Kahunas is not a healthcare provider. Neither the Services nor any AI Features are intended to provide: medical advice; medical diagnosis; medical treatment; emergency medical services; healthcare services; clinical services; or therapy services.
Any information made available through the Services is provided solely for informational purposes. You should not ignore professional medical advice, delay seeking medical advice, discontinue treatment, or make healthcare decisions based solely upon information available through the Services.
If you believe you may be experiencing a medical emergency, immediately contact emergency services or a qualified healthcare professional.
You acknowledge and agree that any health, fitness, nutrition, recovery, sleep, wellbeing, or performance information made available through the Services does not constitute medical advice and should not be relied upon as a substitute for professional healthcare advice. Kahunas disclaims all liability arising from reliance upon information provided through the Services for medical or healthcare purposes.
Neither the Services nor any AI Feature or connected device integration is a medical device, and none has been cleared, certified, or approved by the FDA, the UK MHRA, or any other medical device regulator. Health metrics displayed or processed through the Services, including heart rate, blood oxygen (SpO2), steps, sleep, and similar measurements, are estimates generated by consumer-grade sensors, devices, and software, may be inaccurate or incomplete, and are provided for general fitness and wellness purposes only. The Services are not designed or intended to detect, diagnose, monitor, or alert you to any medical condition or emergency, including abnormal heart rate or low blood oxygen, and you must not rely on the Services for any such purpose.
8 Fitness, Wellness and Nutrition Disclaimer
The Services may be used by Coaches to deliver fitness programmes, exercise recommendations, nutrition plans, wellbeing guidance, recovery protocols, lifestyle recommendations, educational content, and other health-related information.
Kahunas does not create, review, approve, endorse, supervise, verify, or monitor any programme, recommendation, instruction, assessment, communication, content, or advice provided by a Coach.
You acknowledge and agree that participation in fitness, exercise, nutrition, health, wellbeing, rehabilitation, recovery, and lifestyle activities involves inherent risks. Such risks may include: physical injury; illness; aggravation of existing medical conditions; allergic reactions; emotional distress; permanent disability; and death.
You voluntarily assume all risks associated with participation in programmes, activities, exercises, recommendations, and services delivered by your Coach through or outside the Services. To the maximum extent permitted by law, and subject to the Non-Excludable Rights provision in Section 20, you waive and release any claim against Kahunas arising from such participation.
Before beginning any exercise, nutrition, rehabilitation, wellbeing, recovery, or health-related programme, you should consult an appropriately qualified healthcare professional.
Kahunas makes no representation or warranty regarding the safety, effectiveness, suitability, legality, appropriateness, or expected outcomes of any programme, recommendation, guidance, assessment, communication, or content made available through the Services. Any decision to follow guidance provided by a Coach remains solely your responsibility.
9 Health Data
The Services may permit you to upload, synchronise, store, analyse, display, share, process, and transmit Health Data. Health Data may include: exercise information; activity information; workout information; nutrition information; body measurements; body composition information; progress records; sleep information; recovery information; heart rate information; blood pressure information; wearable device information; wellbeing information; stress information; readiness information; physiological information; and biometric information.
You acknowledge and agree that your Coach may access, review, analyse, store, and use Health Data that you choose to provide through the Services. You remain solely responsible for determining what information you upload, share, synchronise, or make available to your Coach.
Where Health Data constitutes sensitive personal data or special category personal data under applicable law, such information shall be processed in accordance with the Privacy Policy and applicable data protection laws.
Kahunas acts as a technology provider and does not determine how your Coach uses information that you choose to provide. You acknowledge that your Coach remains independently responsible for services they provide using Health Data available through the Services.
10 Artificial Intelligence Features
The Services may include AI Features. AI Features may generate: recommendations; summaries; insights; coaching suggestions; programme suggestions; educational content; automated analyses; personalised content; automated responses; predictive information; health-related insights; and wellbeing-related insights.
You acknowledge and agree that AI-generated outputs: may be inaccurate; may be incomplete; may contain errors; may be misleading; may be inappropriate for your circumstances; and may become outdated.
AI outputs are generated automatically and may not be reviewed by healthcare professionals, Coaches, qualified experts, or human reviewers. AI-generated information should not be relied upon as a substitute for professional advice, medical advice, healthcare advice, professional judgement, or qualified assessment.
You must not rely solely upon AI-generated information when making decisions relating to health, fitness, nutrition, wellbeing, medical treatment, or healthcare. AI Features are intended to support End Users and Coaches and are not intended to replace professional judgement, medical advice, healthcare services, or qualified professional assessment.
Kahunas makes no representation or warranty regarding the accuracy, reliability, suitability, legality, or effectiveness of AI-generated outputs. Where an AI Feature interacts with you directly (for example an assistant or chatbot), the Services will make clear that you are interacting with an AI system.
11 Automated Health Scores and Insights
The Services may generate automated scores, metrics, indicators, assessments, and insights based upon information available through the Services. Examples may include: Sleep Scores; Readiness Scores; Recovery Scores; Wellbeing Scores; Stress Scores; Anxiety Scores; Activity Scores; and Performance Scores.
You acknowledge and agree that such scores are generated using automated systems, are informational only, are estimates only, and are not medical advice, diagnoses, treatment recommendations, or healthcare services.
Automated scores may be generated using wearable device information, including heart rate, blood oxygen (SpO2), and step data, user inputs, integrations, third-party services, predictive models, machine learning systems, and automated processing methods. Automated scores may not accurately reflect your health status, wellbeing, readiness, recovery, performance, or physiological condition.
Such scores should be interpreted cautiously and should not be relied upon as a substitute for professional advice, healthcare assessment, or medical evaluation. Kahunas makes no representation or warranty regarding the accuracy of automated scores or insights. Any decision made using automated scores remains your sole responsibility. Kahunas shall have no liability arising from reliance upon automated scores or insights.
12 Third-Party Services, Wearables and Integrations
The Services may integrate with third-party applications, devices, platforms, and services. Examples may include: Apple Health; Health Connect; Google Fit; Garmin; Fitbit; Oura; Polar; Whoop; YouTube; Vimeo; communication providers; analytics providers; and artificial intelligence providers.
Third-party services are governed by the terms, privacy policies, and practices of the relevant third-party providers. Kahunas does not own, operate, control, endorse, or assume responsibility for third-party services.
Kahunas is not responsible for the availability, functionality, interruptions, outages, errors, data accuracy, security practices, privacy practices, modifications, or discontinuation of third-party services. You acknowledge that integrations may be modified, suspended, replaced, or discontinued at any time for technical, legal, commercial, security, operational, or regulatory reasons. Kahunas does not verify and is not responsible for the accuracy of measurements received from third-party devices or platforms, including heart rate, blood oxygen (SpO2), and step counts, which depend on the device, its placement and condition, and the provider's own sensors and algorithms.
Kahunas shall not be liable for any loss, damage, interruption, inaccuracy, or issue arising from the use of third-party services.
13 Progress Photos, Media and Measurements
The Services may permit you to upload, submit, store, transmit, and share progress photographs, body photographs, videos, audio recordings, assessments, measurements, transformation images, documents, and other media.
You retain ownership of content you upload. By uploading content through the Services, you grant Kahunas a worldwide, non-exclusive, royalty-free licence to host, store, process, display, reproduce, transmit, and back up such content solely for the purpose of providing, operating, maintaining, and securing the Services and supporting your Coach.
You acknowledge that your Coach may access, review, store, analyse, and use content that you choose to share through the Services. You represent and warrant that you own or control all rights necessary to upload such content, that the content does not infringe the rights of third parties, and that the content complies with applicable law. Kahunas reserves the right to remove content that violates these Terms or applicable law.
14 Messaging, Communities and Communications
The Services may include messaging functionality, chat systems, discussion groups, community spaces, comments, communication tools, and social features. You remain solely responsible for all communications, comments, messages, posts, and content submitted by you.
You must not harass, threaten, or abuse others; discriminate against others; upload unlawful or offensive content; impersonate another person; misrepresent your identity; or engage in unlawful conduct.
Kahunas does not routinely monitor communications between Coaches, End Users, community members, or third parties. However, Kahunas reserves the right to investigate reports of misuse, remove content, restrict access, suspend Accounts, or terminate access where these Terms are violated. Kahunas shall not be responsible for content posted, transmitted, shared, or communicated by Coaches, End Users, or third parties.
15 User Content and Acceptable Use
You retain ownership of User Content submitted through the Services. Nothing in these Terms transfers ownership of User Content to Kahunas.
By submitting User Content, you grant Kahunas a worldwide, non-exclusive, royalty-free licence to host, store, process, reproduce, display, transmit, distribute internally, and back up such content solely for the purpose of operating, maintaining, improving, securing, and providing the Services.
You agree that you will not use the Services to: violate applicable laws; infringe intellectual property rights; upload malicious code; transmit viruses; distribute malware; engage in fraudulent activity; collect information unlawfully; interfere with the operation of the Services; gain unauthorised access to systems or data; circumvent technical protections; or upload harmful or unlawful content.
Kahunas may remove content, restrict access, suspend Accounts, or terminate access where violations of these Terms occur. You remain solely responsible for User Content submitted through the Services and for any consequences arising from such content.
16 Privacy
Kahunas respects your privacy and is committed to protecting your personal information. Your use of the Services is governed by the Kahunas Privacy Policy, which forms part of these Terms and is incorporated by reference.
The Privacy Policy explains what information is collected, how it is used, stored, shared, and protected, your privacy rights, how to exercise those rights, how Health Data is processed, and how AI-related processing may occur.
By using the Services, you acknowledge and agree that you have read and understood the Privacy Policy; your personal information may be processed as described in the Privacy Policy; your Coach may access information that you choose to share through the Services; and information may be processed using integrations and service providers necessary to provide the Services.
Where applicable law provides privacy rights, you may exercise those rights in accordance with the Privacy Policy. Nothing in these Terms limits any privacy rights available under applicable law.
In the event of any conflict between these Terms and the Privacy Policy regarding the processing of personal information, the Privacy Policy shall prevail to the extent of that conflict. Privacy enquiries may be directed to: compliance@kahunas.io
17 Intellectual Property Rights
The Services and all associated intellectual property rights are owned by Kahunas or its licensors. This includes all: software; source code; object code; functionality; user interfaces; workflows; databases; designs; graphics; logos; trademarks; service marks; content; documentation; AI models; algorithms; technology; and know-how.
Except for the limited licence expressly granted under these Terms, no rights are granted to you. You must not: copy, reproduce, distribute, or modify the Services; create derivative works; reverse engineer, decompile, or disassemble the Services; remove proprietary notices; scrape data from the Services; access source code; use the Services to develop competing products; or use automated means to extract data from the Services without authorisation.
All rights not expressly granted are reserved by Kahunas and its licensors.
18 Account Suspension and Termination
Kahunas may suspend, restrict, disable, or terminate your access to the Services immediately where: these Terms are violated; unlawful or fraudulent activity is suspected; security concerns arise; misuse of the Services is identified; required by law; or necessary to protect Kahunas, Coaches, End Users, or third parties.
Your Coach may also suspend, restrict, or terminate your access to the Services, including upon termination of your coaching relationship, cancellation of coaching services, breach of your agreement with your Coach, non-payment of fees owed to your Coach, or behaviour considered inappropriate by your Coach.
Kahunas is not responsible for decisions made by a Coach regarding access to coaching services.
Your Coach may also archive your record. If your Coach archives you, your data is kept for up to 12 months from the date of archiving. Unless your Coach restores you before then, your data is deleted at the end of that period, as described in the Privacy Policy. If you were already archived when this version of these Terms took effect, your data is deleted 12 months after you were originally archived, but no earlier than 90 days after the effective date of this version. Before your data is deleted, your Coach may request an export of your data, which is sent only to you. Kahunas notifies you and your Coach 30 days before your data is deleted.
Upon suspension or termination, access to the Services, your Account, content, communications, and programmes may cease or be restricted. Kahunas may retain or delete information in accordance with applicable law, the Privacy Policy, and operational requirements.
Termination or suspension shall not affect rights, obligations, liabilities, or provisions intended to survive termination, including provisions relating to intellectual property, disclaimers, limitation of liability, dispute resolution, and governing law.
19 Disclaimers
To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis. Kahunas disclaims all warranties, representations, conditions, and guarantees, whether express, implied, statutory, or otherwise.
This includes warranties of: merchantability; fitness for a particular purpose; non-infringement; accuracy; reliability; availability; security; and performance.
Kahunas does not warrant that: the Services will be uninterrupted or error-free; defects will be corrected; data will always be available; the Services will produce specific results; AI outputs will be accurate; automated scores will be accurate; or coaching programmes will produce desired outcomes.
You acknowledge that use of the Services is at your own risk. Kahunas does not guarantee fitness, performance, weight loss, wellbeing, health, coaching, business, or personal outcomes. Any expected outcomes are dependent upon numerous factors outside the control of Kahunas.
20 Limitation of Liability
To the maximum extent permitted by law, Kahunas shall not be liable for: indirect, incidental, consequential, special, exemplary, or punitive damages; loss of profits, revenue, data, goodwill, or opportunity; personal injury claims; or emotional distress claims.
Without limiting the foregoing, Kahunas shall not be liable for claims arising from or relating to: coaching advice or programmes; exercise, nutrition, healthcare, or wellbeing recommendations; actions or omissions of a Coach; communications from a Coach; disputes between End Users and Coaches; wearable device information; third-party integrations; AI-generated outputs; automated health scores; Health Data; or decisions made using information available through the Services.
To the maximum extent permitted by law, Kahunas' total aggregate liability arising out of or relating to the Services or these Terms shall not exceed the greater of (a) the amounts paid by you to Kahunas for the Services in the twelve (12) months preceding the event giving rise to the claim, and (b) one hundred United States dollars (USD $100).
Non-Excludable Rights
Nothing in these Terms excludes or limits Kahunas' liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Nothing in these Terms excludes, restricts, or limits any rights, remedies, warranties, guarantees, or liabilities that cannot lawfully be excluded, restricted, or limited under applicable law. Where applicable law implies rights or protections that cannot be excluded, Kahunas' liability shall be limited to the maximum extent permitted by law.
21 Governing Law and Dispute Resolution
These Terms, the Services, and any dispute, controversy, or claim arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. The application of conflict of law principles that would result in the application of the laws of another jurisdiction is expressly excluded.
The parties shall first attempt to resolve disputes through good-faith discussions. A party wishing to raise a dispute shall provide written notice describing the nature of the dispute, the relevant facts, and the relief sought. The parties shall attempt to resolve the dispute through good-faith discussions for at least thirty (30) days following receipt of such notice.
If the dispute cannot be resolved during that period, the dispute shall be submitted to the exclusive jurisdiction of the Dubai Courts, excluding the Dubai International Financial Centre Courts (DIFC Courts), unless otherwise required by applicable law.
Nothing in this Section prevents Kahunas from seeking injunctive relief, equitable relief, or protective remedies where necessary to protect intellectual property rights, confidential information, platform security, or users of the Services.
22 Changes to These Terms, Contact Details and Acceptance
Kahunas may amend, modify, update, replace, or revise these Terms from time to time to reflect changes in law, changes in the Services, new functionality, security requirements, operational requirements, regulatory requirements, or to improve clarity.
Where changes are material, Kahunas may provide notice through email, in-app notifications, website notices, account notifications, or notices posted through the Services.
The most current version of these Terms shall always govern your use of the Services. Continued use of the Services after revised Terms become effective constitutes acceptance of the updated Terms. If you do not agree to revised Terms, you must discontinue use of the Services.
Contact Information
| General Support | support@kahunas.io |
| Privacy & Data Protection | compliance@kahunas.io |
| Postal Address | Kahunas FZE, Customer Support & Data Protection, Coworking Business Centre, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates |
Acceptance of Terms. By accessing or using the Services, creating an account, accepting an invitation from a Coach, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you must not access or use the Services.
23 Electronic Communications
You agree that Kahunas may provide notices, disclosures, updates, agreements, policies, amendments, and other communications electronically through the Services, email, SMS, push notifications, or other electronic means.
You acknowledge and agree that electronic communications satisfy any legal requirement that such communications be provided in writing. You are responsible for maintaining accurate contact information and for ensuring that communications from Kahunas can be received.
24 Feedback
If you provide Kahunas with suggestions, ideas, recommendations, comments, enhancement requests, or other feedback relating to the Services ("Feedback"), you grant Kahunas a perpetual, irrevocable, worldwide, royalty-free, fully transferable, sublicensable right to use, modify, implement, incorporate, reproduce, distribute, display, and otherwise exploit such Feedback without restriction and without compensation to you. Nothing in these Terms obligates Kahunas to use any Feedback.
25 Force Majeure
Kahunas shall not be liable for any delay, interruption, degradation, unavailability, or failure to perform resulting from circumstances beyond its reasonable control. Such circumstances may include: natural disasters, floods, earthquakes, or fires; acts of government, war, terrorism, or civil unrest; labour disputes; internet or telecommunications failures; utility outages; cyberattacks or denial-of-service attacks; failures of third-party service providers; epidemics, pandemics, or public health emergencies; and other events beyond Kahunas' reasonable control.
During the continuation of such events, Kahunas' obligations shall be suspended to the extent affected by the event.
26 Entire Agreement
These Terms, together with the Privacy Policy and any policies expressly incorporated by reference, constitute the entire agreement between you and Kahunas regarding the Services.
These Terms supersede all prior or contemporaneous communications, representations, understandings, proposals, negotiations, and agreements relating to the Services.
27 Severability
If any provision of these Terms is determined by a court or competent authority to be invalid, illegal, unenforceable, or contrary to law, that provision shall be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, shall be deemed severed from these Terms. The remaining provisions shall remain in full force and effect.
28 No Waiver
No failure or delay by Kahunas in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. Any waiver must be in writing and signed by an authorised representative of Kahunas. A waiver of any breach shall not constitute a waiver of any subsequent breach.
29 Assignment
You may not assign, transfer, delegate, or otherwise dispose of any rights or obligations under these Terms without Kahunas' prior written consent. Kahunas may assign, transfer, novate, subcontract, or otherwise dispose of its rights and obligations under these Terms without restriction.
30 Survival
Any provision of these Terms that by its nature should survive termination shall survive termination of your access to the Services. This includes provisions relating to: intellectual property; user content licences; disclaimers; limitation of liability; indemnities; dispute resolution; governing law; privacy obligations; and any accrued rights or remedies.
31 Indemnity
To the maximum extent permitted by law, you agree to indemnify and hold harmless Kahunas, its affiliates, officers, directors, employees, and contractors from and against claims, losses, liabilities, and reasonable costs (including reasonable legal fees) arising out of: (a) your unlawful use of the Services; (b) your breach of these Terms; or (c) your infringement of the rights of any third party, in each case except to the extent the claim arises from Kahunas' own breach of these Terms, negligence, or wilful misconduct. Nothing in this Section requires you to indemnify Kahunas in respect of any liability that cannot lawfully be transferred to a consumer in your jurisdiction.
32 Mobile Application and App Store Terms
Where you download or use the Kahunas mobile application from the Apple App Store or Google Play: (a) these Terms are concluded between you and Kahunas only, and not with Apple Inc. or Google LLC (each an "App Store Provider"), and the App Store Providers are not responsible for the Services or their content; (b) your licence to the mobile application is limited to a non-transferable licence to use it on devices that you own or control, as permitted by the usage rules of the applicable App Store Provider; (c) the App Store Providers have no obligation to furnish any maintenance or support services in respect of the mobile application; (d) in the event of any failure of the mobile application to conform to an applicable warranty, you may notify the relevant App Store Provider, which may refund any purchase price paid for the application, and, to the maximum extent permitted by law, the App Store Providers have no other warranty obligation whatsoever; (e) the App Store Providers are not responsible for addressing any claims by you or a third party relating to the mobile application, including product liability claims, claims that the application fails to conform to applicable legal or regulatory requirements, and claims under consumer protection or similar legislation; and (f) Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms in respect of the mobile application and, upon your acceptance of these Terms, are entitled to enforce them against you in that respect.
33 Sanctions and Export Controls
You represent that you are not located in a country or territory subject to comprehensive sanctions or embargoes, and that you are not named on any applicable sanctions or restricted-party list. You must not access or use the Services in violation of applicable export control or sanctions laws.
Appendix A — Version History
The table below records material changes to the Kahunas End User Terms & Conditions. Minor editorial corrections and formatting updates are not recorded. Users are notified of material changes in accordance with Section 22.
Scope of this record. This is the first standalone version of the Kahunas End User Terms & Conditions. Prior to this version, end users of the Platform were covered under the Kahunas Business User Terms rather than a separate end user agreement. Version 1.0 establishes a distinct set of terms for end users and the commencement of structured version control for this document. Future material changes will be recorded in the table below.
| Version | Effective Date | Summary of Material Changes |
|---|---|---|
| 1.0 | 17 August 2026 | First standalone publication of the Kahunas End User Terms & Conditions. Previously, end users were covered under the Kahunas Business User Terms; this version separates end user terms into a dedicated document and commences structured version control. Structured into Part 1 (Core Terms, Sections 1–22) and Additional Provisions (Sections 23–30). |
| 1.1 | 6 October 2026 | Section 18 (Account Suspension and Termination): added that where a Coach archives an End User, the End User's data is kept for up to 12 months from the date of archiving and is then deleted unless the Coach restores the End User before then, as described in the Privacy Policy. End Users already archived are deleted 12 months after their original date of archiving, but no earlier than 90 days after the effective date of this version.Kahunas notifies the End User and the Coach 30 days before deletion. |
For questions regarding changes between versions, contact compliance@kahunas.io