Privacy Policy.

1. Who this covers

Kairos is a service of Whale Spout Water LLC, an Arizona limited liability company ("we," "us," or "our"). Kairos provides SMS based health and fitness coaching to members of gyms and studios that subscribe to our service. This policy covers two groups:

• Members. People who receive coaching text messages from Kairos through their gym.
• Gym operators. Businesses that subscribe to Kairos and whose staff can view member activity.

If you are a member, your gym is the party that enrolled you and that can see your coaching data. If you have questions about why you were enrolled, contact your gym directly.

2. Information we collect

Information members give us in conversation

• Name and mobile phone number
• Fitness goals, target weight, and training schedule
• Dietary preferences and restrictions
• Health information you volunteer, including injuries, conditions, and allergies
• Whether you work with a trainer, and how often
• Photos of meals you send, and the nutrition estimates produced from them
• Workouts, step counts, body weight, sleep notes, and similar activity you report
• The full content and timestamps of messages exchanged with Kairos
• Opt in records and timestamps

Information gym operators give us

• Business name, contact name, work email, and phone number
• Member lists provided for enrollment

Information collected automatically on our website

• IP address, browser type, and device information
• Pages viewed and general usage patterns

3. Health related information

Coaching necessarily involves information about your body and your health. Kairos stores what you tell it so the coach can reference it later, and so it does not ask you the same question twice or recommend something you have said you cannot do.

Kairos is not a healthcare provider, and in most arrangements it is not a covered entity or business associate under HIPAA. That means HIPAA protections generally do not apply to this data. We nonetheless treat health information as sensitive, restrict access to it, and do not sell it or use it for advertising.

Share only what you are comfortable sharing. You can ask us to delete specific health details at any time using the contact information below.

4. How we use information

• To deliver daily coaching messages personalized to your stated goals
• To estimate nutrition from meal photos you send
• To maintain a running memory of your history so coaching stays consistent over time
• To generate weekly summaries of workouts, steps, and macros
• To show your gym engagement signals, so staff can reach out to members who have gone quiet
• To improve the accuracy of our nutrition estimates
• To operate, secure, and support the service

We do not sell personal information, and we do not use member coaching data to serve advertising.

5. Automated processing and AI

Kairos uses artificial intelligence to read and respond to messages. This is central to how the service works, so it is worth stating plainly:

• The content of your messages, including meal photos, is transmitted to our AI provider, Anthropic, to generate coaching replies and nutrition estimates.
• Your profile information and a summary of your history are included in those requests so replies are relevant to you.
• Replies are generated automatically. A human does not review each message before it is sent.
• When you correct a nutrition estimate, we store the original photo, the original estimate, and your correction, and we use those pairs to improve estimate accuracy.

Kairos does not make decisions that produce legal or similarly significant effects about you. It provides coaching suggestions, which you are free to disregard.

6. Who we share information with

We do not sell, rent, or trade personal information. We share it in these limited cases:

Your gym

The gym that enrolled you can see your coaching activity, including logged workouts, weekly summaries, and engagement signals. This is a core purpose of the service. If you do not want your gym to see this information, do not opt in.

Service providers

• Twilio delivers SMS and MMS messages
• Anthropic provides the AI that generates coaching replies and reads meal photos
• Supabase hosts the database where member data is stored
• Railway hosts the application

These providers process data on our behalf and are bound by their agreements with us.

Legal compliance and business transfers

• Where required by law, legal process, or to protect our rights or the safety of others
• In connection with a merger, acquisition, or sale of assets, in which case this policy continues to apply to the transferred data

All of the above categories exclude text messaging originator opt in data and consent. That information is not shared with any third party other than the aggregators and providers that deliver the text messages themselves.

7. SMS messaging and compliance

Opt in and consent

• You receive messages only after you reply YES to an explicit consent request
• We keep timestamped records of every opt in
• We comply with the Telephone Consumer Protection Act and applicable CTIA guidelines

Opting out

• Reply STOP at any time to end all messages. Opt outs are processed immediately.
• Reply HELP for assistance
• To rejoin later, opt in again through your gym

Frequency, rates, and carriers

• Message frequency varies with your engagement. Members typically receive one check in per day plus replies to messages they send.
• Message and data rates may apply
• Carriers are not liable for delayed or undelivered messages

No mobile information is shared with third parties or affiliates for marketing or promotional purposes. Sharing with subcontractors that support the service, such as message delivery, is permitted. All other use case categories exclude text messaging originator opt in data and consent.

8. Data retention

We keep member coaching data for as long as the member is enrolled and the gym remains a customer, because the value of the service depends on remembering history. When a member opts out, we stop sending messages immediately and retain the record of the opt out so we do not message them again.

You can request deletion of your data at any time. Some records, such as opt out records and information we must keep for legal or accounting purposes, are retained after deletion of the rest.

9. Data security

• Data is encrypted in transit and at rest
• Database access is restricted to the application through server side credentials, with row level security enabled
• Access to production systems is limited to personnel who need it
• Secrets are stored in managed environment configuration, not in source code

No method of transmission or storage is completely secure. We use commercially reasonable measures but cannot guarantee absolute security.

10. Your rights and choices

You may:

• Request access to the information we hold about you
• Request correction or deletion of your information
• Stop all messages at any time by replying STOP
• Withdraw consent for future communications
• Ask how your information is processed

Depending on where you live, you may have additional rights under state privacy laws, including the right to know what personal information is collected and the right to opt out of certain processing. Contact us to exercise any of these rights.

11. Children

Kairos is not directed to anyone under 18. We do not knowingly collect information from minors. If you believe a minor has been enrolled, contact us and we will remove the data.

12. Changes to this policy

We may update this policy. The current version is always posted here with its effective date. For material changes affecting how member data is used, we will provide notice.

13. Contact

Questions about this policy or about your data:

Whale Spout Water LLC
Kairos is a service of Whale Spout Water LLC
17212 N Scottsdale Rd, Scottsdale, AZ 85255
Phone: (602) 688-9055
Email: hello@whalespoutwater.com
Website: coachkairos.com