Last Updated: [5/27/25]
Welcome to KosaLa (the "Platform"), an all-in-one wellness, fitness, and sports platform. These Terms and Conditions ("Terms") govern your access to and use of our website, mobile applications, content, products, and services (collectively, the "Services") offered by [Biagomba Technology LLC] ("KosaLa," "we," "us," or "our").
IMPORTANT: Please read these Terms carefully before using our Services. By creating an account, accessing, or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the arbitration clause and class action waiver described in Section 14, and our Privacy Policy, which is incorporated herein by reference. If you do not agree to all of these Terms, you are not authorized to access or use our Services.
KosaLa provides a platform for wellness, fitness, and sports information and e-commerce. We are not a healthcare provider or medical device provider, nor should our Services be considered medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen.
By creating an Account, accessing, or using the Platform, you affirm that you are of legal age to enter into these Terms, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms, and that you agree to be legally bound by these Terms and all terms incorporated by reference. If you do not agree with any part of these Terms, you must not use the Platform.
KosaLa reserves the right, in its sole discretion, to modify, amend, or update these Terms at any time ("Modifications"). We will notify you of Modifications by posting the revised Terms on the Platform and updating the "Last Updated" date at the top of these Terms, or through other communication channels. Your continued use of the Platform after such Modifications have been posted or communicated will constitute your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any changes.
To use the Services, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is older, or have the permission of a parent or legal guardian if you are between the ages of 16 and the age of legal majority. The Services are not intended for children under 16, and we do not knowingly collect personal information from children under 16.
You must register for an Account to access certain features of the Platform. When you register, you agree to provide accurate, current, and complete information as prompted by the registration form and to maintain and promptly update such information to keep it accurate, current, and complete. You are responsible for safeguarding your Account password and for any activities or actions under your Account, whether or not you have authorized such activities or actions. You agree to notify KosaLa immediately of any unauthorized use of your Account or any other breach of security.
You agree not to engage in any of the following prohibited activities in connection with your use of the Services:
You are solely responsible for all User-Generated Content you make available through the Services. You represent and warrant that you own all your UGC or you have all rights that are necessary to grant us the license rights in your UGC under these Terms. You also represent and warrant that neither your UGC, nor your use and provision of your UGC to be made available through the Services, nor any use of your UGC by KosaLa on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
KosaLa is not obligated to monitor access to or use of the Services or to review or edit any Content, but we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms.
The Services and KosaLa Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, KosaLa and its licensors exclusively own all right, title, and interest in and to the Services and KosaLa Content, including all associated intellectual property rights. This includes KosaLa's unique features (such as Lisanga and Muvema), AI algorithms, platform design, and overall look and feel. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or KosaLa Content. Unauthorized copying, reproduction, modification, creation of derivative works, distribution, or mimicking of platform-specific features or any KosaLa Content is strictly forbidden.
You retain ownership of your original User-Generated Content. However, by creating, posting, uploading, inputting, providing, or submitting your UGC on or through the Services, you grant KosaLa a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual, irrevocable license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and otherwise exploit your UGC in connection with operating, providing, marketing, and improving the Services and KosaLa's business. This license includes, without limitation, the right for KosaLa to:
You understand and agree that KosaLa may use your UGC and data related to your use of the Platform (e.g., exercise routines, meal preferences, interactions with features) to train, develop, and improve its AI Features. This data will be used in a manner consistent with our Privacy Policy. By using the AI Features, you consent to such use of your data.
Content generated by KosaLa's AI Features for you (e.g., personalized workout plans, meal suggestions based on your input) is provided for your personal use in connection with the Services. While you may use this output, KosaLa retains all intellectual property rights in the underlying AI models, algorithms, and the structure of the generated output. You agree not to use AI-generated output for any commercial purpose outside the Platform without express written permission from KosaLa, nor to reverse-engineer or attempt to replicate the AI Features.
AI Features are evolving and may produce information that is inaccurate, incomplete, or outdated. You acknowledge that any output or recommendations from AI Features are for informational purposes only and should not be considered as professional advice (e.g., medical, dietary, or certified fitness instruction). You should independently verify any information generated by AI Features before relying on it, especially concerning health and wellness. KosaLa disclaims all liability for any reliance on AI-generated content.
You agree not to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. You may not use other companies' intellectual properties without proper authorization. Selling items or offering services that infringe on third-party intellectual property rights is strictly prohibited.
KosaLa respects the intellectual property rights of others and expects its Users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the Accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information in accordance with the Digital Millennium Copyright Act (DMCA):
Our Copyright Agent for notice of claims of copyright infringement on the Services can be reached as follows:
Copyright Agent
[Your Company Address]
Email: [Designated Copyright Agent Email, e.g., copyright@kosala.io]
Please note that this procedure is exclusively for notifying KosaLa that your copyrighted material has been infringed.
If you use the Platform to offer or sell products, services, exercise plans, meal plans, subscriptions, or passes ("Offerings"), you are a Seller. Sellers are solely responsible for their Offerings and compliance with all applicable laws and regulations. This includes, but is not limited to:
If you purchase an Offering from a Seller on the Platform, you are a Buyer. Buyers are responsible for:
Sellers may offer subscriptions or passes for access to content or services. The terms of such subscriptions or passes (e.g., duration, renewal, cancellation policy, content access) must be clearly disclosed by the Seller at the time of purchase. Unless otherwise stated:
KosaLa may facilitate payments between Buyers and Sellers through third-party payment processors. By using these payment services, you agree to the terms and conditions of the respective payment processor.
Malicious financial activities are strictly prohibited, including but not limited to:
KosaLa may charge fees for certain Services, including transaction fees for sales made through the Platform or fees for premium features. Any applicable fees will be disclosed to you prior to you incurring them.
Sellers are responsible for determining and remitting all applicable taxes (e.g., sales tax, VAT) arising from their sales on the Platform. KosaLa is not responsible for collecting, reporting, or remitting taxes on behalf of Sellers, unless required by law in specific jurisdictions.
Refund policies for Offerings are determined by the individual Sellers, subject to applicable law. KosaLa encourages Sellers to establish clear and fair refund policies. KosaLa is not responsible for issuing refunds for Offerings sold by Sellers unless KosaLa explicitly states otherwise. Disputes between Buyers and Sellers regarding Offerings should be resolved directly between them. KosaLa may, at its discretion, provide dispute resolution assistance but is under no obligation to do so.
THE KOSALA PLATFORM AND ITS SERVICES, INCLUDING ANY CONTENT, EXERCISE PLANS, MEAL PREPARATION INFORMATION, OR AI-GENERATED RECOMMENDATIONS, ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. KOSALA IS NOT A MEDICAL ORGANIZATION, HOSPITAL, OR HEALTHCARE PROVIDER, AND OUR STAFF, INCLUDING ANYONE CONTRIBUTING CONTENT OR ACTING AS A SELLER, CANNOT PROVIDE MEDICAL ADVICE OR DIAGNOSIS. NOTHING CONTAINED IN THE SERVICES SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS.
THE INFORMATION AND REPORTS GENERATED BY US SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT. YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, DIETARY CHANGES, OR BEFORE STARTING ANY FITNESS PROGRAM OR MAKING ANY CHANGES TO YOUR EXERCISE OR NUTRITION REGIMEN.
You expressly acknowledge and agree that your participation in any fitness activities, exercises, or dietary plans discovered, offered, or promoted through the KosaLa Platform is undertaken SOLELY AT YOUR OWN RISK. Physical exercise can be strenuous and carries an inherent risk of injury, and dietary changes can affect your health. You are responsible for assessing your own health and fitness levels and for choosing appropriate activities and nutritional plans.
To the fullest extent permitted by law, KosaLa shall not be liable for any injury, illness, harm, loss, or damage whatsoever, including personal injury, death, or property damage, arising out of or in connection with your use of the Services, your participation in any fitness or wellness activities, or your reliance on any Content provided on the Platform (including that provided by Sellers or AI Features).
Any information you provide regarding your health, fitness level, or dietary needs is your responsibility. You should ensure that such information is accurate and consult with a healthcare professional if you have any doubts about how certain exercises or meal plans might affect you. Exercise plans and meal plans sold or shared on the platform by other users (Sellers) are not vetted by KosaLa for safety or efficacy for your specific needs.
We take reasonable measures to protect the security of our Platform and User data. However, no system is impenetrable. Users may not attempt to:
If you discover a security vulnerability, we encourage you to report it to us at security@kosala.io.
You are responsible for maintaining the confidentiality of your Account login information (username and password) and are fully responsible for all activities that occur under your Account. You agree to immediately notify KosaLa of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. KosaLa cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. Sharing your account credentials or stealing another user's account information is strictly prohibited.
Your privacy is important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with third parties. The Privacy Policy is incorporated by reference into these Terms. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy.
The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by KosaLa. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from KosaLa, you do so at your own risk and you agree that KosaLa will have no liability arising from your use of or access to any third-party website, service, or content.
THE SERVICES, INCLUDING THE PLATFORM, KOSALA CONTENT, AI FEATURES, AND ANY OFFERINGS BY SELLERS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KOSALA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
KOSALA DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (E) THE CONTENT (INCLUDING USER-GENERATED CONTENT, KOSALA CONTENT, AI-GENERATED CONTENT, AND CONTENT FROM SELLERS) IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOSALA OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOSALA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KOSALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO:
IN NO EVENT SHALL KOSALA'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE AMOUNTS PAID BY YOU TO KOSALA, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
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 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, KOSALA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless KosaLa, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User-Generated Content, any use of the KosaLa Content, AI Features, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We will try to resolve any disputes with you amicably. However, if we cannot, you and KosaLa agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") will be resolved solely by BINDING, INDIVIDUAL ARBITRATION and not in a class, representative or consolidated action or proceeding. You and KosaLa agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and KosaLa are each waiving the right to a trial by jury or to participate in a class action.
As limited exceptions to Section 14.1 above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Arbitration will be conducted in the jurisdiction of the company's primary location, which is The Commonwealth of Pennsylvania, unless you and KosaLa agree otherwise. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules.
YOU AND KOSALA 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. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") within 30 days after the date you accept these Terms for the first time. The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to KosaLa at the address provided for legal notices (See Contact Information, Section 19), Attn: Legal Department - Arbitration Opt-Out. The Opt-Out Notice must include your name, address, and the email address you used to sign up for KosaLa, and an unequivocal statement that you want to opt out of this Arbitration Agreement.
KosaLa reserves the right, in its sole discretion, to suspend, disable, or terminate your Account and your access to all or part of the Services, with or without notice and for any reason, including, but not limited to, if:
Upon termination or suspension of your Account, your right to use the Services will immediately cease. We may, in our sole discretion, delete your Account, User-Generated Content, and other information associated with your use of the Services. If your Account is terminated, you may not be able to retrieve any information. KosaLa will not be liable to you or any third party for any termination of your access to the Services or deletion of your information. Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms and Conditions and any action related thereto will be governed by the laws of The Commonwealth of Pennsylvania, United States, without regard to its conflict of law principles. Subject to the Arbitration Agreement in Section 14, the exclusive jurisdiction for all Disputes that you and KosaLa are not required to arbitrate will be the state and federal courts located in The Commonwealth of Pennsylvania, and you and KosaLa each waive any objection to jurisdiction and venue in such courts.
These Terms, together with our Privacy Policy and any other legal notices or terms published by KosaLa on the Services, constitute the entire agreement between you and KosaLa concerning your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
No waiver by KosaLa of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KosaLa to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KosaLa without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
KosaLa shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond KosaLa's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
KosaLa may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by KosaLa in our sole discretion. KosaLa reserves the right to determine the form and means of providing notifications to our Users.
If you have any questions about these Terms and Conditions, or if you need to provide legal notice to KosaLa, please contact us at:
Email: legal@kosala.app
Mailing Address:
KosaLa Legal Department
[Biagomba Technology LLC]
[Your Company's Physical Address]
[Allentown, PA]
The Commonwealth of Pennsylvania, USA
By clicking "I Agree" (or a similar checkbox or button) during the registration process, or by accessing or using the KosaLa Platform or Services in any way after being notified of these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.