Student Terms of Use

1. Acceptance of Terms

Welcome to Kmura Inc. ("Kmura," "we," "us," or "our"). These Student Terms of Use ("Terms") govern your use of the Kmura platform as a student, member, or participant ("you," "your") of a Brazilian Jiu Jitsu or martial arts academy that uses Kmura ("your Gym" or the "Academy"). By creating an account, adding a payment method, or otherwise using the Services, you agree to these Terms and to our Privacy Policy, available at https://kmura.com/privacy. If you do not agree, you may not use the Services. These Terms are between you and Kmura and govern your use of the Kmura platform only. Your membership, classes, pricing, and any agreement for services are between you and your Gym. If you are under the age of majority in your jurisdiction, you may not create an account or authorize payments, and a parent or legal guardian must do so on your behalf (see Section 3).

2. Relationship of the Parties

2.1. Kmura Is a Technology Platform. Kmura provides software that your Gym uses to manage memberships, scheduling, communications, waivers, and billing. Kmura is not your Gym, is not a party to your membership agreement, and is not a bank, money transmitter, payment processor, or financial institution.

2.2. Your Gym Is the Merchant. Your Gym is solely responsible for the membership, classes, and services you purchase, for setting your prices and plan terms, for any decision about payment-method-based pricing, and for refunds.

2.3. Finix Processes and Stores Payments. All payment processing and the storage of your card and bank account information are performed by Finix Payments, Inc. ("Finix"), a third-party PCI-compliant payment processor, and its banking partners. Kmura does not store your full card number or bank account number on its servers. That information is transmitted directly to and stored by Finix.

3. Eligibility; Minors; Parent and Guardian Authorization

3.1. You must be at least the age of majority in your jurisdiction to create an account, add a payment method, or authorize charges.

3.2. If the student is a minor, a parent or legal guardian must create and hold the account, accept these Terms, and provide all payment authorizations. By doing so, the parent or guardian represents that they are the authorized account holder and the authorized cardholder or accountholder, and that they are legally responsible for all charges.

3.3. References to "you" include a parent or guardian acting on behalf of a minor student.

4. Accounts and Security

4.1. Account Registration. You must provide accurate, current, and complete information.

4.2. Security. You are responsible for safeguarding your password and for all activity under your account. You agree to notify us immediately of any unauthorized use. Kmura is not liable for any loss arising from your failure to protect your credentials.

5. Payments, Billing Authorization, and Recurring Charges

5.1. Authorization to Charge. You authorize your Gym to initiate charges to your selected payment method (credit or debit card, or bank account via ACH) for the amounts agreed upon between you and your Gym, including (a) recurring membership amounts for your plan, on the schedule set by your Gym; (b) one-time charges you approve, such as private lessons, seminars, events, testing or grading fees, or merchandise; and (c) amounts that may vary, until you cancel or revoke this authorization as described in Section 6. You acknowledge that your Gym sets your plan and pricing on a case-by-case basis and that the amounts charged are the amounts agreed upon between you and your Gym.

5.2. Recurring and Automatically Renewing Charges. If your plan is recurring, charges will continue on the stated frequency until you cancel. You may cancel at any time as described in Section 6, and you will be notified in advance of any material change to the amount or frequency as required by applicable law.

5.3. Stored Payment Credentials (Finix). You authorize your payment information to be securely stored by Finix and used for current, future, and recurring charges initiated by your Gym. You understand that Kmura does not store your full card or bank account number, and that this information is held by Finix as your Gym's payment processor.

5.4. Payment-Method Pricing. The amount you pay may depend on the payment method you choose. Where your Gym offers different pricing by payment method, the price applicable to each method (for example, credit card versus bank transfer) will be disclosed to you before you confirm, the price shown will be the total amount you will pay, and you may switch to a lower-cost method at any time in your account. This subsection is qualified by Section 15 for certain jurisdictions, including Quebec, where payment-method pricing differentials do not apply.

5.5. ACH Authorization. If you select a bank account (ACH) as your payment method, you authorize your Gym to electronically debit your account for the amounts agreed upon between you and your Gym, on a recurring or one-time basis as applicable, and to correct any erroneous debit, until you revoke this authorization. You represent that you are an authorized signer on the account. This authorization is processed and the account information is stored by Finix.

5.6. Updating Payment Methods. You authorize Finix to use account-updater services to update your stored card details (such as a new expiration date or a replacement card) so that recurring charges can continue without interruption, where supported.

5.7. Failed Payments. If a charge fails, your Gym, through the platform, may retry the charge and may notify you. You are responsible for keeping a valid payment method on file as required by your Gym.

5.8. Refunds and Disputes. Your Gym, not Kmura, is responsible for your membership and services and for any refunds. Direct all billing questions, refund requests, and disputes to your Gym. You agree to contact your Gym to resolve a billing issue before initiating a chargeback, and to cooperate in resolving billing issues.

6. Cancellation and Revoking Authorization

6.1. You may cancel recurring billing or revoke your payment authorization at any time through your Kmura student account or by contacting your Gym. Where you enrolled or authorized online, you may cancel online through your account.

6.2. Cancelling billing through Kmura stops future platform-initiated charges to your payment method. It does not, by itself, terminate or modify any separate agreement, contract term, or obligation you have with your Gym, which remains between you and your Gym.

7. Data and Privacy

Your use of the platform is subject to the Kmura Privacy Policy at https://kmura.com/privacy. Payment data is handled by Finix as described in Sections 2.3 and 5. Finix's handling of your payment data is governed by Finix's terms and privacy policy at https://finix.com/terms-and-policies.

8. Electronic Communications and Consent

8.1. Electronic Records and Signatures. You consent to transact electronically and to receive these Terms, payment authorizations, disclosures, receipts, and notices in electronic form. Your electronic acceptance, including checking a box or clicking "I agree," has the same legal effect as a handwritten signature under the E-SIGN Act and UETA.

8.2. Communications From Your Gym. Your Gym may send you email and SMS messages through the platform. Your consent to those messages is governed by the disclosures presented to you when you opt in, and you may opt out as described in those messages.

9. Acceptable Use

You may not reverse engineer the Services, use the platform for any illegal activity, attempt to access other users' accounts or data, or submit false or misleading information.

10. Third-Party Services

The Services rely on third-party providers, including Finix (payment processing and storage of your payment data), Documenso (electronic waivers and e-signatures), and Twilio and SendGrid (SMS and email). Your use of features that rely on these providers is subject to their respective terms and privacy policies. Kmura does not control and is not responsible for third-party services, and any outage, error, delay, or data issue caused by a third-party provider is not the responsibility of Kmura.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, KMURA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KMURA DOES NOT WARRANT THE AVAILABILITY, RELIABILITY, OR ACCURACY OF ANY THIRD-PARTY SERVICES, INCLUDING FINIX. KMURA IS NOT RESPONSIBLE FOR YOUR GYM'S MEMBERSHIPS, CLASSES, SERVICES, PRICING, REFUNDS, OR CONDUCT. KMURA DOES NOT PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE. YOUR USE OF THE SERVICES AND OF ANY THIRD-PARTY SERVICE IS AT YOUR OWN RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KMURA INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA. IN NO EVENT SHALL KMURA'S AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS, IF ANY, YOU PAID TO KMURA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). WITHOUT LIMITING THE FOREGOING, KMURA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM (A) THE ACTS OR OMISSIONS OF YOUR GYM; (B) THE ACTS OR OMISSIONS OF THIRD-PARTY PROVIDERS, INCLUDING FINIX; (C) ANY DISPUTE BETWEEN YOU AND YOUR GYM, INCLUDING ANY DISPUTE ABOUT PRICING, BILLING, OR REFUNDS; OR (D) UNAUTHORIZED ACCESS TO YOUR ACCOUNT RESULTING FROM YOUR FAILURE TO MAINTAIN ADEQUATE CREDENTIALS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVES TERMINATION. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE CONSUMER PROTECTION LAW.

13. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Kmura Inc. and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your breach of these Terms; (ii) your violation of any law or the rights of any third party; (iii) your misuse of the Services or of any third-party service; or (iv) content or information you submit through the Services.

14. Dispute Resolution

14.1. Governing Law (United States). For users residing in the United States, these Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles, except that the mandatory consumer protections of your home state continue to apply where they cannot be waived.

14.2. Arbitration (United States). For users residing in the United States, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration may take place in your home county or by videoconference, at your election. Either party may instead bring an individual claim in small claims court.

14.3. Class Action Waiver (United States). To the fullest extent permitted by law, claims may be brought only in an individual capacity and not as a plaintiff or class member in any class or representative proceeding.

14.4. Right to Opt Out. You may opt out of the arbitration agreement and class action waiver in Sections 14.2 and 14.3 within 30 days of first accepting these Terms by emailing support@kmura.com with your name and account email. Opting out will not affect any other part of these Terms.

14.5. Jury Trial Waiver (United States). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USERS RESIDING IN THE UNITED STATES WAIVE THE RIGHT TO A JURY TRIAL.

14.6. Canada. If you reside in Canada, Sections 14.1 through 14.5 do not apply to you to the extent they are prohibited or unenforceable under applicable consumer protection law. Your statutory consumer rights are preserved, you may bring or participate in court proceedings (including class actions) and appear before the courts of your province as permitted by law, and you may be required to arbitrate a dispute only if you agree to arbitration after the dispute arises. Quebec-specific provisions appear in Section 15.

15. Jurisdiction-Specific Provisions

15.1. California. The price displayed to you includes all mandatory charges you are required to pay for your plan. For any automatically renewing plan, the renewal terms are disclosed before you are charged, you may cancel online, and you will receive advance notice of changes as required by California law.

15.2. Quebec. If you reside in Quebec: (a) these Terms and your billing disclosures are provided in French; (b) the price you are charged does not vary based on your payment method, and the payment-method pricing differential described in Section 5.4 does not apply to you; (c) the arbitration, class action waiver, jury trial waiver, choice-of-law, and forum provisions in Section 14 do not apply to you, you may bring your dispute before the courts of Quebec, and you may agree to arbitration only after a dispute arises; (d) your Gym may not unilaterally modify your contract except as permitted by the Consumer Protection Act, including advance written notice and your right to refuse the change and cancel without penalty; and (e) you may contact the Office de la protection du consommateur regarding your rights.

15.3. Other Canadian Provinces. Where your Gym offers payment-method pricing, the applicable price will be disclosed before you confirm, and your provincial consumer protections continue to apply.

16. Modification of Terms

Kmura may modify these Terms. If we make material changes, we will provide at least 30 days' advance notice by email or by a prominent notice on the platform, and the "Last Updated" date will change. For users residing in the United States, your continued use after the effective date constitutes acceptance. For consumers residing in Quebec, changes are subject to Section 15.2(d).

17. Termination

Kmura may suspend or terminate your access to the Services for breach of these Terms, fraudulent or illegal activity, or where required by law. Your membership relationship with your Gym is separate and is governed by your agreement with your Gym. Data is handled in accordance with the Privacy Policy.

18. General Provisions

18.1. Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

18.2. Entire Agreement. These Student Terms of Use and the Privacy Policy constitute the entire agreement between you and Kmura regarding your use of the platform as a student, and supersede prior agreements on that subject. Academy owners are governed by the Gym Terms of Use at /terms.

18.3. Waiver. Kmura's failure to enforce any provision is not a waiver.

18.4. Assignment. You may not assign your rights or obligations without Kmura's consent. Kmura may assign without restriction.