Terms ofService

These Terms of Service ("Terms") govern your access to and use of the Kudos website, applications, and related services (the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Services.

You must be at least the age of majority in your jurisdiction to use the Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

• You must provide accurate and complete registration information
• You are responsible for safeguarding your password
• You must notify us immediately of any unauthorized access
• You may not transfer your account to anyone else

Some features require a paid subscription. By starting a subscription, you authorize us and our payment processor to charge the applicable fees and any taxes. Unless otherwise stated, subscriptions renew automatically until canceled.

You may cancel at any time to end future charges. Cancellation will be effective at the end of your current billing period.

When using our Services, you agree not to:

• Misuse the Services or attempt to access them by unauthorized means
• Infringe the intellectual property or privacy rights of others
• Upload malicious code or interfere with service integrity
• Engage in abusive, harassing, or illegal behavior
• Use the Services for any unlawful purpose
• Attempt to reverse engineer or decompile any part of the Services

You retain ownership of content you submit. By submitting content, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit the content in any manner, including for operating, improving, and promoting the Services, developing new features and products, training machine learning models and algorithms, creating aggregated analytics and benchmarks, and any other lawful business purpose.

You represent and warrant that you own or have the necessary rights to submit content, that your content does not violate any third-party rights, and that you have the authority to grant the license above. This license survives termination of your account.

We may retain anonymized or aggregated versions of your content indefinitely, even after account deletion, for analytics, research, and service improvement purposes.

The Services and their original content, features, and functionality are owned by us or our licensors and are protected by intellectual property laws. Except as expressly permitted, you may not copy, modify, distribute, or create derivative works of the Services.

The Services may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of third parties. Your use of third-party services is at your own risk.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TRAINING GUIDANCE AND RECOMMENDATIONS ARE INFORMATIONAL ONLY AND NOT MEDICAL OR PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR PHYSICAL HEALTH AND SAFETY. CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE STARTING ANY FITNESS PROGRAM. WE ARE NOT LIABLE FOR ANY INJURIES, HEALTH ISSUES, OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES OR RELIANCE ON ANY INFORMATION PROVIDED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ONE HUNDRED DOLLARS ($100).

You agree to defend, indemnify, and hold harmless Kudos, its affiliates, and their respective directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of and access to the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property, privacy, or publicity rights; (d) any content you submit to the Services; or (e) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive termination of these Terms and your use of the Services.

We may suspend or terminate your access to the Services at any time for any reason, including if you violate these Terms. Upon termination, your right to use the Services will cease immediately.

You may also terminate your account at any time by contacting us or through your account settings.

We may update these Terms from time to time. If changes are material, we will provide reasonable notice. Your continued use of the Services constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the jurisdiction where Kudos is established, without regard to conflict of law principles.

Questions about these Terms? Contact us at [email protected] or via our contact form.