Kula Fitness Terms of Service

Version 2.0 · 31 October 2026. These Terms replace the Kula Fitness Terms of Service Version 1.1 (25 July 2026). They are separate from the Kula Ops + Intelligence Terms, which govern the AI layer Kula Fitness builds on.

These Terms of Service (“Terms”) govern access to and use of Kula Fitness, including the Kula Tribe app for teachers (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 a studio account, accepting an invitation to join a studio’s team, connecting a system, or installing and using the Kula Tribe app, you agree to them.

1. The service

Kula Fitness is the studio-side platform for boutique fitness businesses. It connects to the studio’s booking system (currently GymMaster, Mindbody or Wix) and reads the studio’s data through Kula Intelligence, including payments data from Stripe and ClassPass where the studio has connected them there. On that data it gives owners and managers analytics and retention insight, a front-desk view, cover and personal-training coordination, teacher pay-run calculations, and a way to ask questions in plain language.

Kula Tribe is the app for a studio’s teachers and coaches. It carries the teacher’s schedule and covers, short in-class cues about the people in the room, messages from the studio, compliance documents, and training.

There is no member interface. Members of a studio do not use Kula Fitness, and Kula Fitness does not message them today. Features that act on the studio’s behalf toward members or in its booking system are described in §7 and apply only as they are released and a studio enables them.

The service is a layer beside the systems a studio already runs. The studio’s booking system remains its system of record for members, classes and payments, and nothing in these Terms makes Kula Fitness a booking platform, a payment processor or a payroll system.

2. Who uses the service

• A studio (the fitness business that opens a Kula Fitness account) is our customer. “You” and “your” refer to the studio unless the context says otherwise. The person who opens the account warrants that they have authority to bind the studio.
• A teacher is a person the studio invites into Kula Tribe. Teachers use the service in connection with their work for the studio. The studio is responsible for the people it invites and for ending their access when it should end. A teacher’s own account information and their rights in it are set out in the Privacy Policy.

You must be at least 18 years old to open a studio account. Kula Tribe is a workplace tool: a studio may invite the people who teach for it, and is responsible for any consent the law requires where a teacher is under 18.

3. Accounts, invitations and devices

• You must provide accurate information when opening an account or joining a studio, and keep it current.
• Studio users sign in through our identity provider. Teachers join Kula Tribe with an invitation code the studio sends, or by signing up and being matched to the studio’s staff list, and sign in with Apple, Google or email. A front-desk device opens through a link the studio sends it.
• You are responsible for activity under your credentials and the devices you add. Tell us promptly at security@kula.digital if you suspect unauthorised access.
• A studio can revoke any teacher’s or device’s access from the web app.

4. Connecting data: your responsibilities

When a studio connects its booking system, or connects a payments or other system through Kula Intelligence for Kula Fitness to read, it confirms that:

• it has the right and authority to grant Kula read access to that data;
• 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 (members’ and teachers’ alike) as its processor; and
• 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.

The studio 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 studio’s behalf under the Data Processing Agreement.

5. Teachers’ records, performance analytics and workplace notice

Kula Fitness holds records about the studio’s teachers for the studio: covers requested and claimed, personal-training sessions signed in, messages, notes a teacher makes about the people in their classes, compliance documents and their expiry, and pay-run calculations. These records belong to the studio and are visible to the people who run it according to the access it configures.

Kula Fitness also produces class and teaching analytics for the studio, including comparisons between classes and teachers. The studio decides who sees them and how they are used. They are decision support (§6), not an assessment of any person, and the studio is responsible for how it acts on them under its employment obligations.

Where Kula reads a teacher’s compliance documents (for example a Working with Children Check or a first-aid certificate), it does so to record the details the studio needs to track currency, and for no other purpose.

Where the law of the studio’s state or country requires notice to employees or contractors before workplace activity is recorded or reviewed (for example the Workplace Surveillance Act 2005 (NSW)), the studio is responsible for giving that notice; a notice template is provided. Pay rates a studio enters are used to calculate pay runs for the studio to export; Kula pays nobody.

6. AI output: read this

Insights, cues, drafts and answers are produced by AI models reading the studio’s data. They may be incomplete, out of date or wrong. Kula does not guarantee the accuracy of any output. Treat it as decision support, not as professional, financial, legal, medical, employment or tax advice, and verify anything material before acting on it. For any consequential action (a message to many people, a staffing decision, money), a competent person must review it first. 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.

7. What the service does and does not do, and features that act

Today, Kula Fitness reads and coordinates. It reads from the booking system and from Kula Intelligence, and it keeps its own records inside the studio’s Kula database. It does not change bookings, classes or members in the booking system. When a cover is approved, the studio makes the change in its booking system and Kula Fitness checks that it happened.

Inside the studio, Kula may speak first. It can notify a teacher or manager on its own: a cover request, an in-class cue, a message from the studio, a sign-in confirmation. Outside the studio, it sends nothing on its own. Today the only message that reaches a member is a confirmation text when a teacher signs a member into a personal-training session, which that teacher triggers.

Money. Kula Fitness does not move money: it never charges a card, issues a refund, transfers funds or runs payroll. Billing between a studio and its members happens in the studio’s booking system, and the studio is the merchant of record there. Pay runs are calculated and exported for the studio to pay through its own payroll. Kula’s own subscription fees are billed through the Kula Intelligence console.

Features that act, as they are released. We are building features that will act on the studio’s behalf: writing cover changes back to the booking system, and sending win-back and other messages to members. Each will be released as an option a studio switches on. From the moment a studio enables such a feature:

• the studio authorises Kula Fitness to take that action on its behalf, within the limits and approval controls it configures, and remains responsible for reviewing the results;
• for messages to members, the studio is the sender for the purposes of the Spam Act 2003 (Cth): it must hold the consents required for each channel, and Kula Fitness will refuse a channel for which consent is not recorded and honour every opt-out and unsubscribe;
• for writes to the booking system, the studio is responsible for the accuracy of what it approves; and
• Kula will update these Terms and the Privacy Policy to describe each feature before it is generally available.

Nothing in this section authorises money movement, which the service does not do.

8. 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 studio’s data;
• 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 studio with its authorisation are permitted, and the studio remains responsible for their use; or
• interfere with or disrupt the integrity or performance of the service.

9. Third-party services and app stores

Connected systems. The studio’s booking system and any system it connects through Kula Intelligence are governed by the studio’s agreements with those providers, not by these Terms. Which systems a studio connects is its choice.

Kula Intelligence. Kula Fitness reads the studio’s data through, and shares teacher and member records with, Kula Intelligence, which is also provided by Kula under the Kula Ops + Intelligence Terms and Privacy Policy.

App stores. Where you install Kula Tribe from Apple’s App Store or Google Play, 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.

10. Your data and our intellectual property

Your data stays yours. As between you and us, the studio 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 Fitness and Kula Tribe software, models, tools and documentation. You receive a limited, non-exclusive, non-transferable right to use the service during your subscription, subject to these Terms.

11. Fees

Fees and billing terms are as presented when you subscribe or as set out in your order. Optional features may carry their own fees, shown before you enable them. Early-access and pilot terms may differ and will be made clear to you.

12. 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. Where practicable we will give notice of changes that affect how you work.

13. Suspension and termination

• A studio may stop using the service and close its account at any time. A teacher may leave a studio’s team from the app 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 studios or their people, or to comply with law. Where practicable we will give notice.
• On closure we will make the studio’s data available for export for a reasonable period, then delete it as set out in the Privacy Policy, subject to the limited records the law requires us to keep.

14. 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.

15. 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 studio paid for Kula Fitness 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.

16. Indemnity

The studio 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 system or invite a person, its breach of the Privacy Act or the Spam Act, or its use of AI output in breach of §6, except to the extent caused by Kula’s own breach or negligence.

17. 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.

18. 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.

19. 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 studios in advance. Continued use after a change takes effect constitutes acceptance.

20. 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. Notices to us go to legal@kula.digital.
• No partnership. Nothing in these Terms creates a partnership, agency or employment relationship.
• Survival. Sections 6, 10, 14, 15, 16 and 17, and any clause that by its nature should survive, survive termination.

21. 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.