Kava

Terms of Service

1. Acceptance of Terms

By accessing and using this website and its services, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Kava is a software-as-a-service (SaaS) platform that enables life coaches to manage their client relationships and coaching practice. The Service provides tools for coaches to:

  • Invite and manage clients
  • Create custom onboarding questionnaires and intake forms
  • Set availability and accept session bookings
  • Maintain client notes and session records
  • Create professional coach profiles
  • Send automated email notifications and reminders

Important: Sysper Inc. is a technology platform provider only. Coaching services are provided directly by independent coaches who use the platform. Sysper Inc. does not provide coaching services, does not employ coaches, and is not party to any coaching relationship between coaches and their clients.

You understand and agree that the Service is provided "AS-IS" and that Sysper Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

3. Your Registration Obligations

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

You must be at least 18 years old to use this Service. By registering, you represent that you are of legal age to form a binding contract.

4. Coach Approval and Status

Users who wish to operate as coaches on the platform must apply for coach status. All coach applications are subject to manual review and approval by Sysper Inc. We reserve the right to:

  • Approve or deny any coach application at our sole discretion
  • Revoke coach status at any time for violation of these terms or for any other reason
  • Require verification of professional credentials or qualifications

Coaches are independent professionals responsible for their own credentials, qualifications, licensing, and compliance with applicable laws and regulations governing coaching services in their jurisdiction. Coaches represent and warrant that they possess all necessary qualifications to provide coaching services and will maintain appropriate professional liability insurance.

5. Subscription Plans and Billing

The Service offers two subscription tiers:

  • Free Plan: Up to 10 clients, unlimited sessions, basic scheduling, and email notifications
  • Pro Plan ($19/month): Unlimited clients, priority support, and advanced features as they become available

Payment Processing: All payments are processed securely through Stripe. By subscribing to the Pro Plan, you authorize Sysper Inc. to charge your payment method on a recurring monthly basis until you cancel.

Auto-Renewal: Pro subscriptions automatically renew each month on the anniversary of your initial subscription date. You will be charged the then-current monthly rate unless you cancel before the renewal date.

Cancellation: You may cancel your Pro subscription at any time from your billing settings. Cancellation takes effect at the end of your current billing period. You will retain Pro access until that date. No refunds are provided for partial months.

Failed Payments: If a payment fails, we will attempt to process it again. Repeated payment failures may result in downgrade to the Free Plan and loss of access to Pro features. If you exceed the Free Plan client limit, you may be required to upgrade or remove clients to continue using the Service.

Price Changes: We reserve the right to change subscription prices with 30 days' notice. Price changes will apply to subsequent billing cycles after the notice period.

6. Data Ownership and Privacy

Your Data: Coaches retain ownership of all client data, notes, questionnaires, and other content they create or collect through the Service ("Coach Data"). Clients retain ownership of their personal information and responses.

Data Export: Coaches may export their data at any time. Upon account closure or termination, you will have 30 days to export your data before it is permanently deleted.

Sensitive Information: Coaches may collect sensitive personal information from clients. Coaches are solely responsible for:

  • Obtaining appropriate consent from clients before collecting personal information
  • Complying with applicable privacy laws and regulations (such as GDPR, CCPA, or HIPAA if the coach is also a licensed healthcare provider)
  • Handling and storing client information securely and confidentially
  • Providing clients with their own privacy policies if required by law
  • Understanding that life coaching is not a healthcare service and maintaining appropriate boundaries

Platform Privacy: Our collection and use of your personal information is governed by our Privacy Policy at /privacy.

7. Platform Relationship and Liability

Independent Relationship: Coaches use Kava as independent professionals. Nothing in these Terms creates an employment, partnership, agency, or joint venture relationship between Sysper Inc. and any coach.

Coach Responsibility: Coaches are solely responsible for:

  • The quality, legality, and appropriateness of their coaching services
  • Their interactions with clients
  • Any agreements, contracts, or arrangements with clients
  • Compliance with professional standards and ethics
  • Tax obligations related to their coaching income

Platform Liability: Sysper Inc. is not liable for any coaching services provided through the platform, any disputes between coaches and clients, or any outcomes (positive or negative) resulting from coaching relationships. Users agree that their sole remedy for dissatisfaction with coaching services is to terminate the coaching relationship, not to pursue claims against Sysper Inc.

8. Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at /privacy.

9. User Conduct and Prohibited Activities

You understand that all information, data, text, photographs, graphics, messages, questionnaire responses, client notes, session records, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.

You agree not to use the Service to:

  • Violate any local, state, national, or international law
  • Impersonate any person or entity or misrepresent your credentials or qualifications
  • Upload or transmit viruses, malware, or any harmful code
  • Harass, abuse, threaten, or discriminate against others
  • Collect or store personal information about other users without consent
  • Interfere with or disrupt the Service or servers
  • Use automated tools to access the Service without permission
  • Share your account credentials with others

10. Indemnity

You agree to indemnify and hold Sysper Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

  • Content you submit, post, transmit or make available through the Service
  • Your use of the Service
  • Your violation of these Terms of Service
  • Your violation of any rights of another person or entity
  • Any coaching services you provide (if you are a coach)
  • Any disputes between you and your clients (if you are a coach)

11. No Resale or Unauthorized Use

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Each subscription is for a single user account only. Coaches may not:

  • Share, sublicense, or resell their account access to others
  • Use multiple accounts to circumvent plan limits
  • Create derivative services based on the platform

12. Account Termination

Termination by You: You may terminate your account at any time from your account settings. Upon termination, you will have 30 days to export your data before it is permanently deleted.

Termination by Us: We reserve the right to suspend or terminate your account at any time for:

  • Violation of these Terms of Service
  • Fraudulent or illegal activity
  • Repeated payment failures
  • Abusive behavior toward other users or our staff
  • Any reason at our sole discretion with or without notice

Upon termination for cause, no refunds will be provided and you may be prohibited from creating new accounts.

13. Modifications to Service

Sysper Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

14. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
  • SYSPER INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • SYSPER INC. MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, OR EFFECTIVENESS OF ANY COACHING SERVICES PROVIDED THROUGH THE PLATFORM.
  • SYSPER INC. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

15. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SYSPER INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SYSPER INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE SERVICE
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
  • ANY COACHING SERVICES PROVIDED OR RECEIVED THROUGH THE PLATFORM
  • ANY DISPUTES BETWEEN COACHES AND CLIENTS
  • ANY OTHER MATTER RELATING TO THE SERVICE

IN NO EVENT SHALL SYSPER INC.'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO SYSPER INC. IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

16. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

17. General Information

Entire Agreement: These Terms of Service constitute the entire agreement between you and Sysper Inc. and govern your use of the Service, superseding any prior agreements between you and Sysper Inc.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Dispute Resolution: Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property infringement.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Changes to Terms: We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Continued use after changes constitutes acceptance of the modified Terms.

18. Contact and Violations

For questions about these Terms of Service, to report violations, or for customer support, please contact us at:

Email: support@kava.app
Attention: Legal Department, Sysper Inc.

We will investigate reported violations and take appropriate action, which may include account suspension or termination.