Terms of Service.

1 Operator, contracting party and scope

These terms govern the use of Kata: the Kata web app at app.yourkata.com, the Kata mobile apps for iOS and Android, and the websites yourkata.com and docs.yourkata.com (together the “service”). The service is provided by BSNS GmbH, Birkenstrasse 47, 6343 Rotkreuz, Switzerland (“we”), which is the operator of and your contracting party for every surface of the service. One agreement covers them all: by creating an account or using any surface of the service you accept these terms.

The mobile apps may be distributed through the Apple App Store and Google Play under a developer account held by BSNS GmbH or by its founder or an officer acting on behalf of BSNS GmbH. The publishing account does not change your contract: the contracting party is BSNS GmbH in every case.

2 The service

Kata is a personal health operating system: tracking for supplements, training, nutrition, water, sleep and weight, plus AI-assisted coaching via chat, voice and photos. Registration is open: you create an account with your email address, verify it, and sign in with email and password, Google, Apple or a magic link. Your personal logs, chats and photos are stored locally on your device; see the Privacy Policy for details.

3 An AI companion, not medical advice

Kata is an AI companion. It is not a doctor, therapist, dietitian, other medical professional or a medical device, and neither Kata nor its coach provides medical advice, diagnosis or treatment. AI output can be incomplete, outdated or simply wrong. Do not rely on Kata for medical decisions. For anything concerning illness, injury, medication, mental health, pregnancy or any other medical matter, consult a qualified professional. In an emergency, do not use the app: call 144 (Switzerland) or your local emergency number.

You acknowledge this expressly when you create your account, and the acknowledgment is recorded (section 11). You act on coach output at your own responsibility, in particular for decisions about training load, nutrition, fasting and supplement intake.

4 Account and duties

• You must provide a valid email address, keep your sign-in credentials secure, and be at least 16 years old.
• One account per person; you are responsible for activity under your account.
• Your health data lives on your device: you are responsible for device security and for backups using the built-in export. On iOS you can additionally back up to your own private iCloud and restore from it; that copy stays in your Apple iCloud, never with us. Loss of local data cannot be restored by us, because we never had it.

5 Acceptable use

You may not abuse the service, attempt to disrupt or overload it, circumvent usage limits, resell access, reverse engineer it beyond what mandatory law permits, or use it for unlawful purposes. We may suspend accounts that violate these rules.

6 AI limitations

Kata is powered by large language models. Its answers can be incomplete, outdated or wrong, and numbers it estimates (for example protein from a photo) are estimates. The lock-in mechanism exists so you review what is saved; whichever mode you choose, you remain responsible for verifying information you act on.

7 Third-party services and connections

Kata can connect to third-party services you choose to enable: currently WHOOP, Apple HealthKit and Google Health Connect for health data, and Google and Apple for sign-in. Data from these services originates with them and is governed by their own terms and privacy policies. We are not responsible for the accuracy, completeness or availability of third-party services or of the data they deliver. By enabling a connection you authorize the data flows it involves; you can disable any connection at any time in the app.

8 App store terms

The mobile apps are distributed through the Apple App Store and Google Play. Apple Inc. and Google LLC are not parties to these terms and owe you no obligations regarding the service.

• iOS: these terms apply between you and BSNS GmbH only. We, not Apple, are responsible for the app, its content, its maintenance and support, and for addressing any claims relating to it, including product liability, legal compliance and consumer protection claims. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you upon your acceptance. You represent that you are not located in a country subject to a U.S. government embargo and are not on any U.S. government list of prohibited or restricted parties.
• Android: distribution via Google Play is subject to Google Play’s own terms; the service itself is governed solely by these terms between you and BSNS GmbH. We, not Google, are responsible for the app and its maintenance and support.

9 Pricing and launch phase

During the launch phase, Kata is free of charge, including the managed Kata AI coach, subject to fair use. Paid tiers (Kata Plus and Kata Unlimited) will be introduced and announced in advance; early users keep their free access until they actively choose a plan. Invite Months already earned are honored and apply to any paid tier. Current prices are published on the pricing section.

10 Availability

We operate the service with care but on a best-effort basis. We do not warrant uninterrupted availability and may change, suspend or discontinue features with reasonable regard for your interests. Third-party services the service relies on (hosting, AI processing, connections, app stores) and events outside our reasonable control can affect availability.

11 Consent and contract records

When you accept these terms or give a consent in the service, the acceptance is recorded: the version of the document, the timestamp, the surface (web, iOS or Android) and the language you accepted in. These records serve as proof of contract formation and of the consents you gave, and are handled as described in the Privacy Policy.

12 Intellectual property

The apps, the websites, the Kata brand and all related content are protected and remain the property of BSNS GmbH or its licensors. You receive a personal, non-exclusive, non-transferable right to use the service. Your data remains yours.

13 Liability

To the maximum extent permitted by Swiss law, BSNS GmbH excludes liability for slight negligence, including that of auxiliary persons, and excludes liability for indirect and consequential damage, lost profit, lost or corrupted data, damage resulting from the loss, theft, failure or replacement of your device (your health data is stored locally on it and we hold no copy: section 4), damage caused by third-party services and connections (section 7), and damage caused by events outside our reasonable control (force majeure).

Where liability cannot be excluded, it is limited, to the extent permissible, to the total fees you paid for the service in the twelve months preceding the event giving rise to the claim. Liability for unlawful intent and gross negligence, for personal injury where it cannot be excluded, and any other liability that mandatory law does not allow to be limited remains unaffected. For a free service, mandatory statutory liability rules apply in any event.

14 Indemnity

If your use of the service in breach of these terms or of applicable law leads to claims by third parties against BSNS GmbH, you will indemnify BSNS GmbH and hold it harmless from those claims and the reasonable costs of defending them, to the extent you are responsible for the breach.

15 Data protection and data incidents

How we handle personal data is described in the Privacy Policy. In the event of a data security incident, our obligations are those imposed by applicable data protection law, in particular the notification duties of the Swiss FADP and, where applicable, the GDPR. Beyond mandatory law, the limitations of section 13 apply. Your health data lives only on your device: the most effective protection is your device security and the built-in export as backup.

16 International use

The service is operated and offered from Switzerland. We make no representation that it is appropriate or lawful to use in other jurisdictions; if you use it elsewhere, you are responsible for compliance with your local laws. You may use the service only if no sanctions or export control rules applicable to you prohibit it. The service is intended for persons aged 16 or over.

17 Termination and your data

You can stop using the service and delete your account at any time in the app. Deleting the account removes your server-side records (account, consent and invite data, subject to statutory retention: see the Privacy Policy); your local data stays on your device until you wipe it there. We may terminate accounts for material breach of these terms.

18 Changes to these terms

We may amend these terms when the service evolves. Material changes will be announced in the app with reasonable notice; continued use after the effective date constitutes acceptance, and the new acceptance is recorded (section 11). If you do not agree, stop using the service and delete your account.

19 Governing law and jurisdiction

These terms are governed by Swiss substantive law, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Zug, Switzerland, the seat of BSNS GmbH, subject to mandatory statutory venues, in particular mandatory consumer forums.

20 Contact

contact@yourkata.com, or via the contact form.