Terms of Service

1. Agreement

Kairos is a service of Whale Spout Water LLC, an Arizona limited liability company ("Company," "we," or "us"). These Terms of Service govern your use of the Kairos website at coachkairos.com and the Kairos SMS coaching service. By using the site or the service, you agree to these terms and to our Privacy Policy.

We may change these terms. The current version is always posted here with its effective date. Continuing to use the service after a change means you accept the revised terms.

2. What Kairos is

Kairos is an automated health and fitness coaching service delivered over text message. Gyms and studios subscribe on behalf of their members. Members who opt in receive daily check ins, can log workouts and meals by text, and receive weekly summaries.

Replies are generated by artificial intelligence. A human does not review each message before it is sent.

Not medical advice

Whale Spout Water LLC is not a healthcare provider, and nothing Kairos sends is medical advice, diagnosis, or treatment. Nutrition estimates from photos are approximations and should not be relied on for medical or clinical purposes. Consult a qualified professional before starting or changing any exercise, nutrition, or health program, and particularly if you have an injury, a medical condition, or are pregnant. If you think you may have a medical emergency, call emergency services. Do not use Kairos to report an emergency.

3. Roles and responsibilities

If you are a gym operator

You are responsible for obtaining and documenting permission before providing member contact information to us
You are responsible for how your staff uses member information visible through the service
You may not use the service to send marketing or promotional messages
You will not enroll anyone under 18

If you are a member

You choose what to share, and you may stop at any time by replying STOP
Information you share is visible to the gym that enrolled you
You are responsible for the accuracy of what you report

4. Acceptable use

You may not:

Use the service for any unlawful purpose
Attempt to access accounts, data, or systems you are not authorized to access
Interfere with or disrupt the service or its infrastructure
Reverse engineer, scrape, or resell the service
Submit content that is unlawful, abusive, or infringes the rights of others

5. Intellectual property

The site and its contents, including text, design, graphics, and software, are the property of Whale Spout Water LLC or its licensors and are protected by copyright, trademark, and other laws. You may view and print pages for your own non commercial use. You may not otherwise copy, modify, distribute, sell, or create derivative works from the site without permission.

Content you submit remains yours. By submitting it, you grant us the rights necessary to operate the service, including storing it, processing it through our AI provider, and using de identified information to improve accuracy.

6. Free trials

Where a free trial is offered, its length and scope are stated at the time it is offered. We may modify or end a trial at any time. Eligibility is at our discretion.

7. Disclaimers

The service is provided as is and as available, without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non infringement.

We do not warrant that the service will be uninterrupted, error free, or that messages will be delivered on time. Message delivery depends on carriers and other providers outside our control.

8. Limitation of liability

To the fullest extent permitted by law, Whale Spout Water LLC and its officers, employees, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising out of or related to your use of the service. Our total liability for any claim relating to the service will not exceed the amount you paid us for the service in the twelve months before the claim.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

9. Indemnification

You agree to indemnify and hold harmless Whale Spout Water LLC and its officers, employees, and agents from claims, damages, liabilities, costs, and expenses arising out of your breach of these terms, your misuse of the service, or, if you are a gym operator, your enrollment of members without proper consent.

10. Termination

We may suspend or terminate access to the service at any time if these terms are violated or if we believe use of the service is unlawful or harmful. Members may end their participation at any time by replying STOP.

11. Governing law

These terms are governed by the laws of the State of Arizona, without regard to conflict of law principles. Any dispute will be resolved in the state or federal courts located in Maricopa County, Arizona, and you consent to that jurisdiction.

12. Contact

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

Terms of Service.