Gym Terms of Use

1. Acceptance of Terms

Welcome to Kmura Inc. ("Kmura," "we," "us," or "our"). By accessing or using our academy management platform, website, or AI-powered services (collectively, the "Services"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree, you may not use the Services. All visitors to the Kmura website and all users of the Kmura SaaS platform are also subject to our Privacy Policy, available at https://kmura.com/privacy. Together, these Terms of Use and the Privacy Policy constitute the complete agreement governing your access to and use of the website and Services.

These Gym Terms of Use govern academy owners and authorized staff who use Kmura to operate an academy. If you are a student, member, or participant of an academy, your use of Kmura is governed by the Student Terms of Use, available at /student-terms.

2. Description of Services

Kmura provides a SaaS (Software as a Service) platform for Brazilian Jiu Jitsu academy management, including student tracking, billing, electronic waiver creation and e-signature management (via Documenso), email and SMS communications, payment processing (via Finix), and Artificial Intelligence ("AI") business insights.

3. Accounts and Security

3.1. Account Registration: You must provide accurate, current, and complete information during the registration process.

3.2. Security: You are responsible for safeguarding your password. You agree to notify us immediately of any unauthorized use of your account. Kmura is not liable for any loss or damage arising from your failure to protect your credentials.

4. Payment Processing and Finix

4.1. Fees: You agree to pay the subscription fees for the Kmura platform as described on our pricing page. Payments are processed via Finix.

4.2. Finix Connect (Collecting Student Payments): Kmura integrates with Finix Connect to allow you to bill your students. By using this feature, you agree to the Finix Connected Account Agreement.

4.3. Platform Role: You acknowledge that Kmura is a technology provider, not a bank or payment processor. You are solely responsible for any disputes or chargebacks initiated by your students.

4.4. Payment Losses and Disputes: You acknowledge and agree that Kmura is a technology platform and not a payment processor, bank, money transmitter, or financial institution. All payment processing within the Kmura platform is performed by Finix Payments, Inc. ("Finix") and its banking partners. You acknowledge and agree that:

(a) Any and all losses, costs, fees, or liabilities arising from payment disputes, chargebacks, refund requests, fraud claims, expired or declined payment methods, insufficient funds, or any other payment-related issue are solely your responsibility as the Academy Owner and are not the responsibility of Kmura.

(b) Kmura does not guarantee the success, timeliness, or accuracy of any payment transaction processed through Finix. Finix's services are subject to Finix's own terms, including the Finix Connected Account Agreement, Finix's Privacy Policy (https://finix.com/terms-and-policies), and the rules and policies of applicable payment card networks (Visa, Mastercard, American Express, Discover, and others).

(c) You are solely responsible for managing your payment relationships with your students, including updating expired payment methods, resolving billing disputes, handling refund requests, and responding to chargebacks in accordance with the applicable card network rules and Finix's policies.

(d) Kmura shall not be liable for any revenue loss, financial damages, or business interruption resulting from payment processing failures, delays, holds, or errors attributable to Finix, its banking partners, card networks, or any other third party involved in the payment processing chain.

(e) You agree to indemnify, defend, and hold harmless Kmura Inc. from and against any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to your payment processing activities through the platform, including disputes with students, chargebacks, regulatory actions related to your billing practices, or any violation of Finix's terms.

4.5. Payment Data Handling. You acknowledge that card and bank account numbers are transmitted directly to and stored by Finix, a PCI-compliant payment processor, and are not stored on Kmura's servers.

4.6. Pricing and Fee Decisions. You are solely responsible for setting all prices, plan terms, and billing amounts charged to your students, including any decision to pass payment processing fees to students, to offer different pricing based on payment method (dual pricing), or to apply any surcharge, convenience fee, or discount. You are solely responsible for compliance with all applicable laws governing such pricing, including credit card surcharge and dual-pricing rules, consumer protection and price-disclosure laws, and automatic renewal laws, in every U.S. state and Canadian province where you operate or where your students reside, including the Province of Quebec. You agree to indemnify, defend, and hold harmless Kmura Inc. from and against any claims, losses, damages, liabilities, fines, penalties, and expenses (including reasonable attorneys' fees) arising from or related to your pricing, fee, surcharge, dual-pricing, or billing decisions.

5. Artificial Intelligence and Data Rights

5.1. AI Nature: The Services utilize AI to provide insights (e.g., retention predictions, revenue forecasting). You acknowledge that AI systems are probabilistic and may produce inaccurate or "hallucinated" results.

5.2. No Professional Advice: AI insights are for informational purposes only and do not constitute legal, financial, or professional business advice. You are solely responsible for any decisions made based on AI outputs.

5.3. Data License: You grant Kmura a license to use anonymized and aggregated data derived from your use of the platform to improve our AI models and services. Kmura applies commercially reasonable measures to de-identify and aggregate this data consistent with applicable privacy law.

6. User Responsibilities and Conduct

6.1. Compliance with Laws: You represent and warrant that you have obtained all necessary consents, including parental consents for minors (under COPPA), to collect and input student data into Kmura.

6.2. Electronic Waivers (Documenso): Kmura integrates with Documenso, a third-party electronic signature platform, to enable you to create, send, collect e-signatures on, and store digital waivers. You acknowledge and agree that:

(a) Kmura is a technology provider and does not provide legal advice regarding the content, form, enforceability, or legal validity of any waivers you create, send, or collect through the platform.

(b) You are solely responsible for ensuring that your waivers comply with all applicable federal, state, and local laws and regulations in your jurisdiction, including but not limited to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), the Uniform Electronic Transactions Act (UETA), and any state-specific requirements governing the enforceability of electronic signatures, liability waivers, or releases of claims.

(c) Kmura makes no representation or warranty that any waiver created, sent, signed, or stored through the Documenso integration will be legally valid, binding, or enforceable in any particular jurisdiction. The legal enforceability of electronic waivers varies by jurisdiction and may depend on factors outside of Kmura's control, including the specific content of the waiver, the manner in which consent was obtained, the age and legal capacity of the signatory, and applicable local law.

(d) Your use of the electronic waiver functionality is subject to Documenso's own Terms of Service (https://documenso.com/terms) and Privacy Policy (https://documenso.com/privacy). Any technical failure, data loss, service interruption, or other issue arising from Documenso's platform is not the responsibility of Kmura.

(e) Kmura bears no responsibility for any legal consequences, claims, disputes, or liabilities arising from the content of waivers you create, the manner in which you distribute them, or the legal sufficiency of electronic signatures collected through the platform.

6.3. Prohibited Uses: You may not reverse engineer the Services, use the platform for illegal activities, or attempt to access other users' accounts or data.

6.4. Electronic Records and Signatures: You consent to transact electronically and to receive these Terms, agreements, authorizations, disclosures, and notices in electronic form. Your electronic acceptance has the same legal effect as a handwritten signature under the E-SIGN Act and UETA.

7. Email and SMS Communications

7.1. Compliance Responsibility. Kmura provides email and SMS messaging tools as part of the Services, powered by third-party providers including Twilio and SendGrid. You acknowledge and agree that you are solely responsible for ensuring that your use of these communication features complies with all applicable federal, state, and local laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and any state-specific consent or disclosure requirements. Kmura is a technology provider and does not monitor, approve, or assume responsibility for the content or legality of messages you send.

7.2. Required Consents. Before sending any email or SMS/text message through the Services, you represent and warrant that you have obtained all necessary consents from each recipient, including express written consent where required by law for marketing or promotional messages. You shall maintain records of all such consents and make them available to Kmura upon request.

7.3. Prohibited Messaging Conduct. You shall not use the communication features to: send unsolicited messages to individuals who have not consented to receive them; send messages to recipients who have opted out or unsubscribed; transmit deceptive, fraudulent, or misleading content; or violate any applicable anti-spam or telecommunications law.

7.4. Indemnification for Messaging. In addition to the general indemnification obligations in Section 12, you specifically agree to indemnify, defend, and hold harmless Kmura Inc., its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the email or SMS communication features; (ii) your failure to obtain proper consents from message recipients; (iii) any violation of the TCPA, CAN-SPAM Act, or other applicable messaging laws resulting from your communications; or (iv) any complaint, regulatory action, or lawsuit brought by a message recipient or governmental authority in connection with messages you sent through the platform.

7.5. Third-Party Communication Providers. The email and SMS communication features within the Kmura platform are powered by Twilio (for SMS/text messaging) and SendGrid (for email), both operated by Twilio Inc. You acknowledge and agree that:

(a) Your use of these communication features is subject to Twilio's Terms of Service (https://www.twilio.com/en-us/legal/tos), Twilio's Acceptable Use Policy (https://www.twilio.com/en-us/legal/aup), Twilio's Messaging Policy (https://www.twilio.com/en-us/legal/messaging-policy), and the Twilio SendGrid Email Policy (https://www.twilio.com/en-us/legal/service-country-specific-terms/email), as applicable.

(b) Kmura is a technology provider and does not monitor, review, approve, or assume any responsibility for the content, timing, recipients, frequency, or legality of any messages you send through the platform. You are the sole author and sender of all communications transmitted through the Kmura platform's messaging features.

(c) Kmura bears no responsibility for any consequences arising from messages you elect to send to your students, leads, instructors, or other contacts, including but not limited to claims of harassment, defamation, invasion of privacy, violation of consent requirements, or any other legal action brought by a message recipient or regulatory authority.

(d) Any service disruption, delivery failure, message delay, or data loss caused by Twilio, SendGrid, or their subprocessors is not the responsibility of Kmura. Kmura makes no guarantee regarding message deliverability, delivery speed, or delivery confirmation.

(e) You are solely responsible for maintaining compliance with all applicable messaging laws and regulations, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state-level privacy and consumer protection laws, and any rules or requirements imposed by Twilio and SendGrid. Failure to comply with these laws and third-party terms may result in suspension or termination of your messaging capabilities and/or your Kmura account.

7.6. Kmura-Initiated SMS to Account Holders. In addition to messages you send through the Services, Kmura Inc. may send SMS text messages directly to you, the Kmura account holder (for example, an academy owner, instructor, or authorized staff member), when you opt in to SMS notifications inside the Kmura web application at Account Settings > Notifications. Kmura's SMS program to account holders is for operational and product communications, including billing receipts, payment reminders, account and security alerts, login verification codes, product and feature announcements, customer support replies, and occasional informational messages about new Kmura offerings. Kmura does not send unsolicited marketing SMS to the general public and does not rent or share its SMS channel with other businesses. Message frequency varies based on your account activity and the notification types you enable, typically 0 to 15 messages per month. Message and data rates may apply. To opt out, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any Kmura SMS, or disable SMS in Account Settings > Notifications. Reply HELP for assistance. Full SMS program terms are available at kmura.com/sms-terms.

8. Third-Party Services

The Services integrate with and depend upon third-party services, including but not limited to Finix (payment processing), Twilio (SMS communications), SendGrid (email communications), Documenso (electronic waivers and e-signatures), and cloud hosting providers. Your use of these third-party services is subject to their respective terms of service and privacy policies.

8.1. No Warranty for Third-Party Services. Kmura does not control, endorse, or assume responsibility for third-party services and makes no representations or warranties regarding their availability, accuracy, reliability, or security. Any outage, error, data loss, or disruption caused by a third-party service is not the responsibility of Kmura.

8.2. Third-Party Terms. By using features of the Services that rely on third-party providers, you agree to comply with the applicable terms and policies of those providers. Kmura is not liable for any consequences arising from your violation of third-party terms.

8.3. Third-Party Indemnification. You acknowledge that the Kmura platform depends on third-party services that are outside of Kmura's control. You agree to indemnify, defend, and hold harmless Kmura Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

(a) Any act, omission, failure, outage, error, data breach, or service disruption by any third-party service integrated with the platform, including but not limited to Finix, Twilio, SendGrid, and Documenso;

(b) Your misuse of any third-party service accessed through the Kmura platform, including any violation of that third party's terms of service, acceptable use policy, or privacy policy;

(c) Any claim brought by your students, instructors, employees, or other third parties arising from the operation or failure of a third-party service integrated with the platform;

(d) Any regulatory action, fine, penalty, or investigation arising from your use of third-party communication, payment, or waiver services through the platform.

8.4. No Agency or Partnership with Third-Party Providers. Kmura's integration of third-party services does not create any agency, partnership, joint venture, or employment relationship between Kmura and any third-party provider. Kmura does not act as an agent of Finix, Twilio, SendGrid, Documenso, or any other third-party service provider. Each third-party provider is an independent entity, and Kmura has no authority to make commitments, representations, or warranties on behalf of any third-party provider.

9. Intellectual Property

The Kmura platform, including its code, documentation, interface, and AI algorithms, is the proprietary property of Kmura Inc. and its licensors.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, KMURA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE AI INSIGHTS WILL BE ERROR-FREE OR ACCURATE. KMURA DOES NOT WARRANT THE AVAILABILITY, RELIABILITY, OR ACCURACY OF ANY THIRD-PARTY SERVICES INTEGRATED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO PAYMENT PROCESSORS, COMMUNICATION PROVIDERS, AND HOSTING SERVICES. YOUR USE OF THIRD-PARTY SERVICES THROUGH THE PLATFORM IS AT YOUR OWN RISK.

KMURA DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY SPECIFIC LEGAL, REGULATORY, OR COMPLIANCE REQUIREMENTS APPLICABLE TO YOUR BUSINESS OR JURISDICTION. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SERVICES ARE SUITABLE FOR YOUR INTENDED USE AND FOR ENSURING YOUR USE OF THE SERVICES COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS. KMURA DOES NOT PROVIDE LEGAL, TAX, FINANCIAL, OR COMPLIANCE ADVICE AND NOTHING IN THE SERVICES OR DOCUMENTATION SHOULD BE CONSTRUED AS SUCH.

11. 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 REVENUES. IN NO EVENT SHALL KMURA'S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO KMURA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

WITHOUT LIMITING THE FOREGOING, KMURA SHALL NOT BE LIABLE FOR: (A) ANY DAMAGES ARISING FROM YOUR RELIANCE ON AI-GENERATED INSIGHTS, ANALYTICS, RECOMMENDATIONS, OR PREDICTIONS PROVIDED THROUGH THE SERVICES; (B) ANY DAMAGES ARISING FROM THE ACTS OR OMISSIONS OF THIRD-PARTY SERVICE PROVIDERS INTEGRATED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO FINIX, TWILIO, SENDGRID, AND DOCUMENSO; (C) ANY DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH APPLICABLE LAWS, REGULATIONS, OR THE TERMS OF THIRD-PARTY SERVICES; (D) ANY DAMAGES ARISING FROM DISPUTES BETWEEN YOU AND YOUR STUDENTS, INSTRUCTORS, EMPLOYEES, OR OTHER THIRD PARTIES; (E) ANY LOSS OF REVENUE, STUDENTS, OR BUSINESS OPPORTUNITIES; OR (F) ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT RESULTING FROM YOUR FAILURE TO MAINTAIN ADEQUATE SECURITY CREDENTIALS. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF FLORIDA AND APPLICABLE FEDERAL LAW, AND SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.

12. Indemnification

12.1. Your Indemnification Obligations. You agree to indemnify, defend, and hold harmless Kmura Inc., its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, successors, and assigns (collectively, the "Kmura Indemnified Parties") from and against any and all claims, actions, suits, proceedings, investigations, demands, judgments, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and court costs) (collectively, "Losses") arising out of or related to:

(i) your access to or use of the Services, including any data or content transmitted or received by you;

(ii) your violation of these Terms, including any breach of your representations and warranties;

(iii) any dispute between you and your students, instructors, employees, or any other third party;

(iv) your failure to obtain any necessary consents for the collection, processing, or storage of personal data, including parental consents required under COPPA;

(v) your use of the email and SMS communication features, including any claims arising from your failure to comply with the TCPA, CAN-SPAM Act, or other applicable messaging laws, or any claim by a message recipient or regulatory authority (see also Section 7.4);

(vi) your use of the payment processing features, including any disputes, chargebacks, refund claims, or regulatory actions related to your billing practices;

(vii) your use of the electronic waiver features, including any claims that a waiver you created, sent, or collected is unenforceable, invalid, or fails to comply with applicable law;

(viii) your violation of any applicable federal, state, local, or foreign law, regulation, or rule, or any rights of any third party;

(ix) any allegation that your content, data, or your use of the Services infringes, misappropriates, or otherwise violates the intellectual property rights, privacy rights, publicity rights, or other rights of any third party;

(x) your misuse of any third-party service accessed through the platform, including any violation of the terms of Finix, Twilio, SendGrid, Documenso, or any other integrated service; or

(xi) any negligent, reckless, or willful misconduct by you or your authorized users in connection with the Services.

12.2. Indemnification Procedures. Kmura will promptly notify you of any claim for which indemnification is sought (provided that failure to provide prompt notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby). You shall have sole control of the defense and settlement of any such claim, provided that you shall not settle any claim in a manner that imposes any obligation on, or admits any fault or liability on the part of, any Kmura Indemnified Party without Kmura's prior written consent. Kmura reserves the right, at its own expense, to participate in the defense of any claim with counsel of its choosing.

12.3. Survival of Indemnification. The indemnification obligations in this Section 12 shall survive the termination or expiration of these Terms and your use of the Services.

13. Termination and Suspension

13.1. Termination by You. You may cancel your subscription and terminate your account at any time through the platform dashboard or by contacting us at support@kmura.com. Cancellation takes effect at the end of your current billing cycle.

13.2. Termination or Suspension by Kmura. Kmura reserves the right to suspend or terminate your access to the Services, in whole or in part, at any time and without prior notice, if: (a) you breach any provision of these Terms; (b) your account is overdue for payment by more than 30 days; (c) you engage in fraudulent, illegal, or abusive activity; (d) continued provision of the Services to you would violate applicable law; or (e) Kmura ceases to offer the Services generally.

13.3. Effect of Termination. Upon termination: (a) your right to access the Services ceases immediately (or at the end of your billing cycle for voluntary cancellations); (b) Kmura will retain your data for a period of 90 days following termination, during which you may request an export of your data (see Section 14); (c) after the 90-day retention period, Kmura may delete your data in accordance with our Privacy Policy; (d) any provisions of these Terms that by their nature should survive termination will survive, including Sections 5.3 (Data License), 8 (Third-Party Services), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 15 (Dispute Resolution), 17 (Force Majeure), and 18 (General Provisions).

14. Data Portability and Export

You may request an export of your academy data (including student records, attendance logs, and membership information) at any time while your account is active, and for a period of 90 days following account termination. Export requests can be submitted to support@kmura.com. Kmura will provide the data in a commonly used, machine-readable format (such as CSV) within a reasonable timeframe. After the 90-day post-termination retention period, Kmura is under no obligation to maintain or provide your data.

15. Dispute Resolution (Binding Arbitration and Class Action Waiver)

15.1. Governing Law. These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. The parties agree that the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of the arbitration provisions in this section.

15.2. Arbitration. Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Miami, Florida. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

15.3. Class Action Waiver. YOU AND KMURA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.4. Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KMURA EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.

15.5. Limitation on Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED.

15.6. Prevailing Party Attorneys' Fees. In any arbitration or legal proceeding arising out of or related to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, and costs from the non-prevailing party, in addition to any other relief to which the prevailing party may be entitled.

16. Modification of Terms

Kmura reserves the right to modify these Terms at any time. If we make material changes, we will provide at least 30 days' advance notice by emailing the address associated with your account or by posting a prominent notice on the platform. The updated Terms will indicate the new "Last Updated" date at the top of the page. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services and may cancel your account.

17. Force Majeure

Kmura shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond Kmura's reasonable control, including but not limited to: natural disasters, acts of war or terrorism, epidemics or pandemics, government actions or orders, power outages, internet or telecommunications failures, failures of third-party hosting or infrastructure providers, cyberattacks, or labor disputes. During such events, Kmura's obligations under these Terms are suspended for the duration of the force majeure event.

18. General Provisions

18.1. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

18.2. Entire Agreement. These Terms of Use, together with the Privacy Policy available at https://kmura.com/privacy and any other agreements expressly referenced herein, constitute the entire agreement between you and Kmura regarding the website and the Services. All visitors to the Kmura website and all users of the Kmura SaaS platform are bound by both these Terms of Use and the Privacy Policy. These Terms supersede all prior and contemporaneous agreements, communications, representations, and understandings, whether oral or written, relating to the subject matter hereof. These Gym Terms of Use govern academy owners; students are governed by the Student Terms of Use at /student-terms.

18.3. Waiver. The failure of Kmura to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Kmura.

18.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without Kmura's prior written consent. Kmura may assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.