Effective Date: July 15, 2025
Last Updated: July 15, 2025
These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and KayaStudio OÜ, registration number 16620779, registered under the laws of the Republic of Estonia, with registered address at Pärnu mnt 388b, Tallinn, 11612, Estonia ("Kaya," "Company," "we," "us," or "our") governing your access to and use of our website at https://www.kaya.studio ("Website") and our mobile applications ("App") (collectively, the "Services").
BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.
1. Acceptance of Terms
1.1 Agreement to Terms
By creating an account, accessing, browsing, or using our Services in any manner, you acknowledge that you have read these Terms, understand them, and agree to be legally bound by them.
1.2 Privacy Policy
Your privacy is important to us. Our Privacy Policy, which is incorporated by reference into these Terms, explains how we collect, use, and protect your information when you use our Services.
1.3 Additional Terms
Certain features of our Services may be subject to additional terms and conditions, which will be presented to you at the time of use and are incorporated by reference into these Terms.
2. Eligibility and Account Registration
2.1 Age Requirements
You must be at least 16 years old to use our Services. If you are between 16 and 18 years old, you represent that you have your parent's or guardian's permission to use our Services and that they have reviewed and agreed to these Terms.
2.2 Account Registration
To access certain features of our Services, you must create an account by providing accurate, current, and complete information. You agree to:
Provide truthful and accurate registration information
Maintain and update your account information promptly
Keep your login credentials secure and confidential
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activities that occur under your account
2.3 Account Termination
We reserve the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms or for any other reason at our sole discretion.
3. Description of Services
3.1 Movement and Wellness Services
Kaya provides digital wellness services including but not limited to:
Online yoga classes and movement sessions
Fitness and wellness educational content
Personalized wellness recommendations
Community features and user interaction tools
Progress tracking and analytics
3.2 Service Availability
We strive to maintain consistent service availability but do not guarantee uninterrupted access. Services may be temporarily unavailable due to maintenance, updates, or technical difficulties.
3.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and without liability to you or any third party.
4. Health and Safety Disclaimers
4.1 Not Medical Advice
IMPORTANT: Our Services provide general fitness, movement, and wellness information for educational and informational purposes only. WE DO NOT PROVIDE MEDICAL, THERAPEUTIC, OR MENTAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT.
4.2 Consultation with Healthcare Professionals
You acknowledge and agree that:
You must consult qualified healthcare professionals before beginning any exercise program
You should seek professional medical advice for any health concerns or conditions
You must inform your healthcare provider about your participation in movement and wellness activities
Individual results may vary, and we make no guarantees about health outcomes
4.3 Assumption of Risk
BY USING OUR SERVICES, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH PHYSICAL ACTIVITY, INCLUDING BUT NOT LIMITED TO:
Physical injury, strain, or disability
Aggravation of pre-existing conditions
Mental health or emotional impacts
Property damage
Any other harm that may result from physical activity
4.4 Physical and Mental Health Considerations
You represent and warrant that:
You are in good physical and mental health or have medical clearance to participate
You will not participate beyond your physical or mental limitations
You will stop any activity that causes pain, discomfort, or distress
You understand that physical activity may trigger emotional responses or memories
5. Limitation of Liability and Indemnification
5.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KAYASTUDIO OÜ, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DISABILITY, DEATH, PROPERTY DAMAGE, MENTAL HEALTH CONDITIONS, PSYCHOLOGICAL DISTRESS, EMOTIONAL HARM, EXACERBATION OF PRE-EXISTING MENTAL HEALTH CONDITIONS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES OR PARTICIPATION IN ANY MOVEMENT, EXERCISE, OR WELLNESS ACTIVITIES.
5.2 No Maximum Liability Cap
Our liability for any damages shall not be subject to any monetary cap or limitation, except as expressly provided elsewhere in these Terms.
5.3 Indemnification
You agree to indemnify, defend, and hold harmless KayaStudio OÜ and its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
Your use of our Services
Your violation of these Terms
Your violation of any third-party rights
Any content you submit or transmit through our Services
6. Subscription and Payment Terms
6.1 Subscription Plans
We offer various subscription plans with different features and pricing. Current pricing and plan details are available on our Website and App.
6.2 Payment Terms
All fees are charged in advance and are non-refundable except as expressly stated
You authorize us to charge your chosen payment method for all applicable fees
You are responsible for providing accurate and current payment information
Subscription fees will automatically renew unless cancelled before the renewal date
6.3 Price Changes
We reserve the right to change our pricing at any time. Price changes will be communicated to you at least 30 days in advance and will take effect at your next billing cycle.
6.4 Refund Policy
NO REFUNDS: All fees are final and non-refundable under any circumstances once the free trial period has ended. This includes but is not limited to:
Unused portions of subscriptions
Dissatisfaction with Services
Technical difficulties or service interruptions
Changes in personal circumstances
You may cancel your subscription at any time to prevent future charges, but no refunds will be provided for fees already paid.
6.5 Cancellation
You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will take effect at the end of your current billing period.
7. Intellectual Property Rights
7.1 Our Content
All content on our Services, including but not limited to text, graphics, logos, images, videos, audio recordings, software, and other materials ("Content"), is owned by or licensed to KayaStudio OÜ and is protected by intellectual property laws.
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services and Content solely for your personal, non-commercial use in accordance with these Terms.
7.3 Restrictions
You may not:
Copy, modify, distribute, sell, or lease any part of our Services or Content
Reverse engineer, decompile, or attempt to extract source code
Remove or alter any proprietary notices or labels
Use our Content for commercial purposes without written permission
Create derivative works based on our Content
7.4 User-Generated Content
You retain ownership of content you submit to our Services ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, publish, and distribute such content in connection with our Services.
8. Prohibited Uses and User Conduct
8.1 Prohibited Activities
You agree not to:
Use our Services for any illegal or unauthorized purpose
Violate any applicable laws, regulations, or third-party rights
Impersonate any person or entity or misrepresent your affiliation
Transmit viruses, malware, or other harmful code
Attempt to gain unauthorized access to our systems or other users' accounts
Interfere with or disrupt our Services or servers
Collect or harvest information about other users without consent
Use automated systems to access our Services without permission
8.2 Content Guidelines
When submitting User Content, you must not:
Post content that is illegal, harmful, threatening, abusive, or offensive
Share content that infringes on intellectual property rights
Upload content containing personal information of others without consent
Submit false, misleading, or deceptive information
Post spam, advertisements, or promotional content without authorization
8.3 Community Standards
We strive to maintain a positive, supportive community. Users must:
Treat other users with respect and kindness
Provide constructive feedback and support
Respect diverse backgrounds, abilities, and perspectives
Report inappropriate behavior or content to our support team
9. Third-Party Services and Links
9.1 Third-Party Integrations
Our Services may integrate with or provide access to third-party services, websites, or applications. We are not responsible for the availability, content, or practices of third-party services.
9.2 Third-Party Links
Our Services may contain links to third-party websites or resources. These links are provided for convenience only and do not constitute endorsement. You access third-party sites at your own risk.
9.3 Social Media
If you connect your social media accounts to our Services, you authorize us to access certain information from those accounts in accordance with their terms of service and privacy policies.
10. Data Protection and Privacy
10.1 Data Processing
Your use of our Services involves the processing of personal data as described in our Privacy Policy, which is incorporated by reference into these Terms.
10.2 GDPR Compliance
We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws. You have specific rights regarding your personal data as outlined in our Privacy Policy.
10.3 International Transfers
Your data may be processed and stored outside your country of residence. We ensure appropriate safeguards are in place for international data transfers.
11. Termination
11.1 Termination by You
You may terminate your account and stop using our Services at any time by following the cancellation procedures in your account settings or contacting customer support.
11.2 Termination by Us
We may terminate or suspend your access to our Services immediately, without prior notice, for any reason, including but not limited to:
Breach of these Terms
Fraudulent or illegal activity
Extended periods of inactivity
Risk to other users or our Services
11.3 Effect of Termination
Upon termination:
Your right to access and use our Services will cease immediately
We may delete your account and associated data in accordance with our Privacy Policy
Provisions of these Terms that by their nature should survive will remain in effect
12. Disclaimers
12.1 Service Disclaimers
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
12.2 Accuracy Disclaimer
We do not warrant that:
Our Services will meet your specific requirements
Our Services will be uninterrupted, timely, secure, or error-free
The information obtained through our Services will be accurate or reliable
Defects in our Services will be corrected
12.3 Health and Fitness Disclaimer
We make no representations or warranties about the suitability of our Services for your individual health or fitness needs. Results may vary, and we do not guarantee any specific health outcomes.
13. Force Majeure
We shall not be liable for any failure or delay in performance under these Terms which is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Estonia, without regard to conflict of law principles.
14.2 Jurisdiction
Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of Estonia. You hereby consent to the personal jurisdiction and venue of such courts.
14.3 European Union Rights
For users in the European Union, nothing in this section affects your rights under applicable consumer protection laws or your right to bring proceedings in the courts of your country of residence.
14.4 Alternative Dispute Resolution
Before initiating formal legal proceedings, we encourage you to contact us directly to resolve any disputes. We are committed to working with you to reach a fair resolution.
15. Modifications to Terms
15.1 Right to Modify
We reserve the right to modify these Terms at any time. When we make material changes, we will:
Post the updated Terms on our Website and App
Update the "Last Updated" date
Notify you via email or in-app notification
Obtain your consent if required by applicable law
15.2 Acceptance of Changes
Your continued use of our Services after the effective date of modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using our Services.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and KayaStudio OÜ regarding your use of our Services.
16.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
16.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
16.4 Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
16.5 Language
These Terms are written in English. Any translations are provided for convenience only, and the English version shall prevail in case of conflicts.
17. Contact Information
For questions about these Terms or our Services, please contact us:
KayaStudio OÜ
Email: Please contact us here
Address: Pärnu mnt 388b, Tallinn, 11612, Estonia
Customer Support: Available through our App
We are committed to addressing your concerns promptly and transparently.
ACKNOWLEDGMENT: BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THE INHERENT RISKS ASSOCIATED WITH PHYSICAL ACTIVITY AND AGREE TO PARTICIPATE AT YOUR OWN RISK.