Terms of Service

These Terms of Service ("Terms") apply to the use of Kavi — the app, the website kavi.fit and all related services ("Kavi"). Kavi is provided by Softure UG (haftungsbeschränkt), Scharfenberger Str. 28, 13505 Berlin, Germany, registered with the commercial register of the Local Court of Charlottenburg under HRB 275859 B, represented by its Managing Director Mohamed Hamda, phone: +49 152 05290170, email: customers@softure-ug.de ("we", "us"). Coaches who offer their services through Kavi are additionally bound by the Terms for Coaches. This English version is a translation; if the two differ, the German version prevails.

1. In short

• Kavi is a fitness and nutrition app with an AI coach. The AI coach is software, not a person, and not medical advice.
• Through the coach marketplace you can book independent coaches. Your coaching contract is with the coach, not with us. We connect you and handle the payment.
• Kavi AI is bought and cancelled in the App Store, through your Apple account. A coaching can be cancelled anytime, effective at the end of the paid month — for example via Cancel contracts here.
• You train on your own responsibility. Listen to your body and talk to a doctor before big changes.

The following provisions are binding.

2. Scope and definitions

(1) These Terms apply to all contracts between you and us for the use of Kavi. Other terms apply only if we expressly agree to them.

(2) A "consumer" is any natural person who concludes a contract mainly for private purposes (§ 13 German Civil Code, BGB). A "trader" acts in the course of a commercial or independent professional activity (§ 14 BGB).

(3) The contract languages are German and English. The German version prevails.

3. Our services

(1) Kavi consists of three parts:

• Kavi app (free): account, manual logging of meals, training, weight and progress.
• Kavi AI (paid, with a free trial): the AI coach in the chat, which logs entries for you, suggests targets and training plans, and answers questions.
• Coach marketplace: arranging coaching by independent coaches, online or in person (section 8).

(2) Kavi is intended solely for the general fitness, nutrition and wellbeing of healthy adults. Kavi is not a medical device and is not intended to diagnose, prevent, monitor, treat or alleviate any disease.

(3) The specific features are those of the current app and the description at purchase. We develop Kavi continuously (section 13).

4. The AI coach

(1) You are talking to an AI. The Kavi coach in the chat is an AI system. Its replies are generated automatically by a language model of our service provider Anthropic and are not reviewed by people beforehand. When you write with a human coach, the app clearly shows that it is their chat.

(2) AI can be wrong. Replies can be incomplete, inaccurate or unsuitable — for example calorie and nutrient estimates from photos or descriptions, targets or exercise suggestions. Check suggestions for plausibility and adapt them to yourself. We do not owe any particular training, weight or health result.

(3) The AI coach does not diagnose and does not provide medical, psychotherapeutic, dietetic or physiotherapeutic treatment. For health questions it refers you to professionals. Kavi is not suitable for emergencies — in an emergency, call 112.

(4) At the start, Kavi asks you questions about your health and fitness to train. If your answers indicate a risk, Kavi recommends seeing a doctor and limits certain suggestions. Please answer truthfully and keep your answers up to date.

(5) Do not use Kavi without medical clearance if you are pregnant or breastfeeding, have or have had an eating disorder, have a cardiovascular, metabolic or other serious condition, or take medication that affects exercise or nutrition.

(6) Fair use. Kavi AI includes a generous monthly AI allowance that covers normal personal use. With very heavy use, Kavi answers with a faster, simpler model for the rest of the calendar month; with exceptionally heavy use, the AI chat pauses until the first of the next month. You can see how much you have used in the app under Settings → Membership. Tracking, plans and all other features always keep working. Automated or bulk requests are not allowed.

5. Your health and responsibility

(1) Training and changes in diet carry risks, such as injuries, overload or circulatory problems. You decide whether and how to follow suggestions from Kavi or a coach, and you train within your abilities.

(2) Stop training immediately and seek medical advice if you experience pain, dizziness, shortness of breath, chest pain or other warning signs.

(3) This does not affect your statutory claims against us; in particular, we are liable for our own fault as set out in section 15.

6. Account and minimum age

(1) You need an account to use Kavi. You must be at least 16 years old. You may only conclude paid contracts if you are of legal age or your parents agree.

(2) Your details must be true. Keep your login details secret and tell us if you suspect misuse. Each account is personal and not transferable.

(3) When you sign up, you accept these Terms and give your explicit consent to the processing of your health data (see the Privacy Policy). Without this consent, Kavi cannot coach you.

7. Kavi AI: trial, conclusion of contract, prices, term, cancellation

(1) Trial. New accounts can use Kavi AI free of charge for 7 days. The trial ends automatically; it does not turn into a paid subscription, and we don't ask for payment details for it.

(2) Purchase in the App Store. You buy Kavi AI in the iOS app through Apple's App Store. Apple processes the purchase and payment, and Apple's terms apply in addition. These Terms govern the use of Kavi.

(3) Price. Kavi AI is offered as a monthly and a yearly subscription. In Germany it costs €19.99 per month or €119.99 per year, including VAT; in other countries the price shown in the App Store applies. It is payable in advance for each period.

(4) Term and cancellation. The subscription renews automatically for the same period unless you cancel at least 24 hours before the end of the current period. Cancel anytime in your Apple account (iPhone Settings → your name → Subscriptions); you keep access until the end of the period you've paid for. Term, renewal and refunds follow Apple's terms; refunds are requested from Apple at reportaproblem.apple.com.

(5) Earlier website subscriptions. A subscription bought earlier on our website continues under the terms agreed at purchase and can be cancelled via Cancel contracts here or by email.

(6) Access codes. Codes we issue unlock Kavi AI for the stated period. They are not transferable and cannot be exchanged for money.

(7) While you have a paid coaching through Kavi, Kavi AI is included at no extra cost.

8. Coach marketplace

(1) We only connect you. Coaches on Kavi are independent professionals, not our employees or agents. When a coach accepts your request (or you join a coach with their invite code) and you pay, the coaching contract is concluded directly between you and the coach. The coach alone is responsible for the content, quality and delivery of their coaching — online and in person.

(2) Status of coaches. All coaches have declared to us that they offer their services as traders. Your consumer rights (such as the right of withdrawal) therefore apply against the coach.

(3) What we do — and what we don't. We provide the platform (profiles, search, requests, chat, session booking, progress data) and collect payment in the name and on behalf of the coach through Stripe; we keep a commission for this. You have no contractual claims against us arising from the coaching contract itself (Art. 246d § 1 No. 6 EGBGB). Our own obligations as platform operator and our liability under section 15 remain unaffected.

(4) Price, term, cancellation. Each coach sets their own monthly packages. You pay only after the coach has accepted you, monthly in advance, at the price recorded when the coach accepted. Coaching renews monthly and can be cancelled anytime, effective at the end of the paid month — in the app ("End coaching") or via Cancel contracts here.

(5) In-person sessions. You agree the place, time and format of in-person sessions with the coach. Follow the rules of the gym. We are not involved in in-person sessions and do not inspect training venues.

(6) What we check. We review coach applications and profiles with reasonable care, but cannot conclusively verify coaches' qualifications, certificates and statements and give no warranty for them. Please tell us if something seems wrong.

(7) Your data and your coach. During an active coaching, your coach sees your fitness and progress data in Kavi (not your private progress photos). When the coaching ends, their access ends.

9. How coaches are ranked, and reviews

(1) In the coach search, these main parameters determine the order:

• Location: coaches at your gym first, then coaches near you by distance, then online coaches;
• Rating: within these groups, the average rating, and on a tie the number of reviews;
• Your filters and sorting: e.g. online/in person, price, language — if you choose "price", results are sorted by price.

Coaches cannot buy a better position, and commissions do not affect the order. We have no corporate affiliation with any coach.

(2) Authenticity of reviews. Only clients who had a paid coaching with the coach can review them — we check this technically against the booking. There is one review per client and coach, which can be edited. We do not pay for reviews, do not edit them, and show the newest first. We remove reviews that break section 11. Testimonials a coach adds themselves are shown separately and labelled as such; we cannot verify their authenticity.

10. Right of withdrawal for consumers

Consumers have a right of withdrawal as set out below. Subscriptions bought in the App Store are subject to Apple's rules; refunds are requested from Apple. For coaching contracts, the coach is your contracting party; the coach has authorised us to receive withdrawal notices on their behalf, so you can withdraw by contacting us.

Withdrawal instructions

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.

To exercise your right of withdrawal, you must inform us (Softure UG (haftungsbeschränkt), Scharfenberger Str. 28, 13505 Berlin, Germany, phone: +49 152 05290170, email: customers@softure-ug.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but you don't have to.

You can also exercise your right of withdrawal online at kavi.fit/withdraw. If you use this online function, we will send you, without delay and on a durable medium (e.g. by email), an acknowledgement of receipt with information on the content of your withdrawal and the date and time it was received.

To meet the withdrawal deadline, it is sufficient for you to send your notice of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments we have received from you without undue delay and no later than fourteen days from the day we receive notice of your withdrawal. We will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.

If you requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us that you are exercising the right of withdrawal, compared to the full scope of the services provided for in the contract.

End of withdrawal instructions

Model withdrawal form

(If you want to withdraw from the contract, please fill in this form and send it back.)

— To Softure UG (haftungsbeschränkt), Scharfenberger Str. 28, 13505 Berlin, Germany, email: customers@softure-ug.de:
— I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— Date
(*) Delete as appropriate.

11. Content rules, moderation and suspension

(1) You may not use Kavi to

• spread unlawful, insulting, harassing, discriminatory, pornographic or violent content;
• infringe the rights of others (e.g. copyright, personality or trademark rights), in particular by uploading photos of other people without their consent;
• post fake or paid reviews, or get coaches to bill outside Kavi;
• disrupt, overload, scrape or reverse-engineer Kavi or circumvent security measures;
• deliberately push the AI coach to produce content that breaks the law or these rules.

(2) How we moderate. We do not generally monitor content. We review content when it is reported to us (see Contact) or we otherwise learn of problems. Decisions on content and accounts are made by people, not algorithms. The AI coach itself has technical safeguards against harmful replies.

(3) Measures. If you break these rules, we may — proportionately and taking your interests into account — remove content or limit its visibility, restrict features, temporarily suspend your account, or terminate the contract for good cause. We tell you about the measure and our reasons, unless the law prohibits this. You can object by email; another person will then review the decision. Your right to go to court remains unaffected.

12. Your content

(1) What you enter or upload in Kavi stays yours. You grant us the simple, non-transferable rights to store, process and display this content to the extent needed for Kavi — reviews may also be shown publicly on the coach's profile with a shortened name ("Sarah K."). These rights end when you delete the content or your account; your reviews are deleted together with your account.

(2) You may freely use the AI coach's replies for your own private purposes.

13. Availability and changes to Kavi

(1) We aim for high availability but do not owe uninterrupted operation. Maintenance, security updates or outages at service providers can cause interruptions.

(2) We may change Kavi for a valid reason, for example to adapt it to new technology or laws or to improve it, provided this causes you no extra costs and we inform you clearly. If a change impairs your access or use more than insignificantly, we will inform you in good time beforehand; you may then terminate the contract free of charge within 30 days (§ 327r BGB).

(3) During the contract term we provide the updates needed for Kavi to work as agreed, and inform you about them in the app or the App Store.

14. Warranty

The statutory warranty rights apply, for digital products in particular §§ 327 et seq. BGB. Please report defects to customers@softure-ug.de.

15. Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and under any guarantee we have given.

(2) For slight negligence, we are liable only for breach of an essential contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on which you may regularly rely — and limited to the foreseeable damage typical for this type of contract.

(3) Otherwise, our liability is excluded. This also applies to the personal liability of our employees, representatives and vicarious agents.

(4) Coaches are not our vicarious agents; each coach is liable for their own services (section 8).

16. Term of the user contract, deleting your account

(1) The user contract for the free app runs indefinitely. You can end it anytime by deleting your account in the app (Settings → Danger zone) or by writing to us. Cancel running subscriptions as described in sections 7 and 8; App Store subscriptions are cancelled with Apple.

(2) We may terminate the free user contract with 30 days' notice. Both sides' right to terminate for good cause remains unaffected.

17. Changes to these Terms

If we change these Terms, we will ask you in the app to accept the new version. Without your consent, the previous version continues to apply to existing paid contracts until they end.

18. Dispute resolution, governing law, jurisdiction

(1) We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board. If you have a problem, please write to us directly.

(2) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, you keep the protection of the mandatory consumer protection laws of that country.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Berlin.

(4) If any provision is invalid, the rest of the contract remains valid; the statutory provisions apply instead.