KulaMind Terms of Service Agreement

Last Modified: February 1, 2025

Welcome to KulaMind! This Terms of Service Agreement (the “Terms of Service” or “Terms”), together with our Privacy Policy and our Acceptable Use Policy (collectively, the “Agreement”), governs your access and use of the services, including our website (kulamind.com) (the “Site”), applications on the Site, the KulaMind community, and any other products, features, apps, services, technologies, and software we offer (collectively, the “Services”), except where we expressly state that separate terms (and not these Terms) apply. The Services are owned and operated by KulaMind, Inc., a Delaware corporation (“KulaMind,” “we,” “us,” or “our”). The words “you”, “your”, “User” and “End User” means any individual or entity who uses any of our Services.

THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND INCLUDE AN AGREEMENT TO ARBITRATE, A JURY TRIAL WAIVER AND CLASS ACTION WAIVER. SEE SECTION 12 BELOW.

SECTION 8 BELOW DESCRIBES TERMS APPLICABLE TO ANY SUBSCRIPTION PURCHASE MADE BY YOU. IF YOU PURCHASE A SUBSCRIPTION TO THE SERVICE, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE END OF THE DISCLOSED BILLING PERIOD AT OUR THEN-CURRENT FEE FOR SUCH SERVICE, UNLESS YOU CANCEL YOUR SUBSCRIPTION (AS WE DESCRIBE IN SECTION 8 BELOW) PRIOR TO THE RENEWAL DATE.

By using the Services or accepting these Terms, you accept and agree to be bound and abide by these Terms, as well as our Privacy Policy and our Acceptable Use Policy. If you do not agree to these Terms, or our Privacy Policy and Acceptable Use Policy, please do not use the Services.

We reserve the right to modify, amend, or change the Terms at any time. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking for notice of any changes. Your continued use of the Services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to these Terms or the Agreement, you should stop using the Services immediately.

1. About the Services

KulaMind is a coaching and educational platform that offers personalized support, resources, community and skill training for people with loved ones with illnesses. The Services provided by KulaMind team are coaching, tele-coaching, webinars, email, text or chat communication.

Understanding the Differences Between Coaching & Psychotherapy

KulaMind does not offer psychotherapy services. Nor does KulaMind offer medical diagnosis or treatment.

That said, KulaMind coaches may also be licensed as clinical psychologists and/or psychotherapists, with training and experience in diagnosing and treating emotional problems. KulaMind coaches may also hold professional licenses in related fields such as counseling or social work. While there are some similarities between coaching and psychotherapy, they are very different activities and it is important that you understand the differences between them.

Both coaching and psychotherapy utilize knowledge of human behavior, motivation and behavioral change, and interactive counseling techniques. The major differences are in the goals, focus, and level of professional responsibility, and that coaching generally is not reimbursable by health insurers.

The focus of coaching is development and implementation of strategies to reach client-identified goals of enhanced performance and personal satisfaction. Coaching may address specific personal projects, life balance, job performance and satisfaction, or general conditions in the client’s life, business, or profession. Coaching utilizes personal strategic planning, values clarification, brainstorming, motivational counseling, and other counseling techniques.

The purposes of psychotherapy are identification, diagnosis, and treatment of mental and nervous disorders. The goals of psychotherapy include alleviating symptoms, understanding the underlying dynamics which create symptoms, changing dysfunctional behaviors which are the result of these disorders, and developing new strategies for successfully coping with the psychological challenges which we all face. Most research on psychotherapy outcomes indicates that the quality of the relationship is most closely correlated with therapeutic progress. Psychotherapy patients are often emotionally vulnerable. This vulnerability is increased by the expectation that they will discuss very intimate personal data and expose feelings about themselves about which they are understandably sensitive. The past life experiences of psychotherapy patients have often made trust difficult to achieve. These factors give psychotherapists disproportionate power that creates a fiduciary responsibility to protect the safety of their clients and not to harm them.

The relationship between the coach and client avoids the power differentials that occur in the psychotherapy relationship. The client sets the agenda and the success of the enterprise depends on the client’s willingness to take risks and try new approaches. The relationship is designed to be more direct and challenging. You can rely on your coach to be honest and straightforward, asking powerful questions and using challenging techniques to move you forward. You are expected to evaluate progress and when coaching is not working as you wish, you should immediately inform your coach so we can both take steps to correct the problem.

Because of these differences, the roles of coach and psychotherapist are often in potential conflict. KulaMind and its coaches believe that, under most circumstances, it would not be appropriate for one KulaMind coach to play both roles with a client, whether concurrently or sequentially. Positive change is difficult enough without having to worry about role confusion. This means that if either of us recognizes that you have a problem that would benefit from psychotherapeutic intervention, your KulaMind coach can refer you to appropriate resources. In some situations, your KulaMind coach may insist that you initiate psychotherapy, and may ask that your coach have access to your psychotherapist in order to effectively continue the KulaMind coaching relationship.

It is also important to understand that coaching is a professional relationship. While it may often feel like a close personal relationship, it is not one that can extend beyond professional boundaries both during and after our work together. Considerable experience shows that when boundaries blur, the benefits gained from the coaching relationship are endangered.

One other important difference is that psychotherapy is a health care service and is usually reimbursable through health insurance policies. This may not be true for the coaching services offered by KulaMind. KulaMind does not submit claims to health care insurers or accept assignments of health care benefits; you are encouraged to ask your health care plan if KulaMind coaching services are reimbursable to you.

By using the KulaMind Services, including any KulaMind coaching services, you acknowledge these differences between coaching and psychotherapy, you understand that KulaMind coaches do not and will not provide psychotherapy services to you (unless you and your KulaMind coach enter into a separate agreement for such services) and that your use of the Services does not form a psychologist-patient relationship or a psychotherapist-patient relationship, and you affirmatively consent to enter into a coaching relationship with KulaMind and your KulaMind coach.

Confidentiality in the Coaching Relationship

As a coaching service, the coaches on the KulaMind team take seriously their obligations to protect the confidentiality of coaching communications. The KulaMind team will have access to your information and coaching communications in order to provide the best quality of service possible. KulaMind, and KulaMind coaches, will only release information about your coaching sessions to others outside of KulaMind with your written permission, or in response to a valid court order. But you must understand that there are some situations in which KulaMind coaches may be legally obligated to break confidentiality with you in order to protect you or others from harm. For example, if a KulaMind coach learns of information indicating that a child is being abused, the coach must report that information to the appropriate state agency. For another example, if a KulaMind User is an imminent risk to themself, or makes threats of imminent violence against another, the KulaMind coach may be required to take protective actions. While these or similar situations are generally rare in coaching, they can occur. If such a situation occurs in your relationship, your KulaMind coach will seek to discuss it with you before taking any action outside of the coaching relationship, but there may be situations in which a KulaMind coach will need to break confidentiality and contact appropriate agencies or other authorities without being able to communicate with you in advance of doing so. By using the KulaMind Services, you acknowledge and consent to these confidentiality provisions.

In addition, you acknowledge that it is impossible to completely protect the confidentiality of information that is transmitted electronically, and that there may be the potential for such communications to be intercepted or otherwise accessed by others during transmission and in storage. This is particularly true of e-mail and information stored on computers that are connected to the internet, which do not utilize encryption and other forms of security protection. Notwithstanding this potential, you agree and consent to the use of electronic communications for purposes of receiving Services provided by KulaMind.

You also acknowledge that some KulaMind coaching sessions are conducted in a group format. By participating in any group coaching session, you agree to maintain the confidentiality of all information communicated to you by other coaching participants and by your coach. While you and we both understand that progress is often enhanced when you are allowed to discuss your coaching relationship with trusted colleagues and friends, you agree that you will not in any way share information that could or does lead to the identification of other participants in a group coaching setting. If you are ever in doubt regarding what to reveal and what not to reveal, you agree to err on the side of protecting the privacy of others, which is a vital and nonnegotiable element of such group interaction.

KulaMind Is Not For Medical Emergencies

You agree that the Services offered by KulaMind are not intended to be used in a medical emergency. If you are located in the United States and you are having thoughts of suicide or self-harm, or harm to others, please call or text 988, the Suicide and Crisis Lifeline. If you are experiencing a medical or mental health emergency, please call 911 or go to the nearest emergency room. Do not attempt to access emergency care through our Services. If you are located outside of the United States, please contact your local crisis or emergency resources or go to the nearest emergency facilities.

Limitations and Modifications of the Services

KulaMind will make reasonable efforts to keep the Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. KulaMind reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. You understand, agree, and accept that KulaMind will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services. KulaMind and/or the owners of any Content (as defined below) may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.

Links to Third-Party Sites

The Services may contain links to other sites maintained by third parties. These links are provided only as a convenience to you. KulaMind and its subsidiaries and affiliated companies have no control over, and are not responsible for, any content, products, or services offered by or found on third party sites, or their privacy policies. Links to third party sites do not constitute an assumption of liability or sponsorship, endorsement, or approval of these sites or the content contained in these sites.

2. Your account

Account. You must register for an account (“Account”) on each of the Services that you wish to use. When registering for an Account, you agree that all information you provide to us will be accurate, truthful, current and complete. Only one Account per Service is permitted per User.

To create an Account on any of the Services, you must meet the following requirements:

▪ You are at least 18 years of age;

▪ You do not have more than one Account on any Service; and

▪ You have not previously been removed from a Service by us, unless you have our express written permission to create a new Account.

If at any time you cease to meet these requirements, you must immediately delete your Accounts, and we retain the right to delete your Accounts and to remove your access to our Services without warning.

Account Restrictions and Passwords. To access the Services, you will be asked to provide us with certain registration information. You agree to provide correct, current, and complete information. You also agree to update your registration information with us if you change it. You also agree to receive text messages and phone calls with codes to register an Account on the Services.

You are solely responsible for maintaining the confidentiality of any password you create on the Services. You should never share your passwords with third parties. If you believe that someone has gained access to your Accounts, you should notify us immediately at hello@kulamind.com.

Unless expressly permitted in writing by KulaMind, you may not sell, rent, lease, share, or provide access to your Accounts to anyone else. KulaMind reserves all available legal rights and remedies to prevent unauthorized use of and access to the Services.

Account Termination. We reserve the right to terminate your Accounts for any reason, at any time, at our sole discretion. For example, we may suspend or terminate your Accounts if we suspect you do not meet the eligibility requirements, become aware of any suspicious activity, or we believe the use of your Accounts violates these Terms, the Privacy Policy, the Acceptable Use Policy, or any applicable law. We may require you to verify your eligibility at any time. You acknowledge and agree that you will provide such information upon our request in order to continue to use the Services.

If your Accounts are terminated by you or KulaMind for any reason, these Terms continue and remain enforceable between you and KulaMind. Your information will be maintained and deleted in accordance with our Privacy Policy.

If we decide to suspend, terminate or otherwise close your Accounts, you may not re-activate your Accounts or register for another Account unless we provide you with our prior written consent.

Closing Your Accounts. You may deactivate your Accounts at any time. To do so, please send email us at hello@kulamind.com providing your username and a request to deactivate your Accounts.

Your Access to the Services. We reserve the right to modify or terminate the Services, your Accounts, or your access to the Services for any reason, without notice, at any time and without liability to you. If we terminate your access to the Services or you deactivate your Accounts, your data (including your User Content, as defined below) will no longer be accessible through your Accounts, but those materials and information may persist and appear within the Services. We also may terminate or suspend your participation on the Services, at our sole discretion.

3. Privacy

Our Privacy Policy explains what information may be collected through the Services, how that information may be used and/or shared with others, how we safeguard that information, and how you may access or control its use in connection with our marketing communications and business activities.

4. Content

For purposes of this Agreement, the term "Content" includes, without limitation, any information, data, text, photographs and other images, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).

Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) monitor, remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.

User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by Users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent to us that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your actions. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate or available.

You are solely responsible for all User Content that you post. Each time you post User Content of any kind, you represent and warrant to us that the posted User Content is in compliance with these Terms and the Acceptable Use Policy. KulaMind is not responsible for User Content nor does it endorse any opinion contained in any User Content. You also understand and agree that User Content is not confidential, and that you will not post any User Content in which you have any expectation of privacy.

KulaMind may, but has no obligation to, monitor, review, or edit User Content. In all cases, KulaMind reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in KulaMind’s sole discretion, violates this Agreement. KulaMind may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

License to User Content. You grant KulaMind a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, organize, analyze, create derivative works from, and distribute any of your User Content in connection with the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, without any compensation or obligation to you. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST KULAMIND RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD KULAMIND HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

Feedback. If you provide feedback, ideas or suggestions to KulaMind in connection with the Services (including any User Content) ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize KulaMind to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

5. Intellectual property

The Services are owned and operated by KulaMind. By registering for an Account or by otherwise using the Services, you agree that all content, trademarks, and other proprietary materials and/or information on the Services, including, without limitation, KulaMind’s logos, visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement thereof and all other materials (collectively, “Our Content”) are protected by copyright, trademark, patent, trade secret, and other laws, and, as between you and KulaMind (and/or third-party licensors), KulaMind owns and retains all rights, title, and interest in the Our Content and the Services.

All other trademarks, logos, and service marks (collectively, the “Service Marks”) are the exclusive property of KulaMind (and/or third-party licensors) or other third parties. Nothing in these Terms grants you a license to use any of the Service Marks or any of the KulaMind trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

License to Use the Services and Our Content. Unless otherwise expressly stated in writing by us, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and use the Services for your own personal use only, provided that, you acknowledge and agree that you do not acquire any ownership rights in or to the Services and/or Our Content or any of the Service Marks by accessing or otherwise using the Services. The license granted to you herein may be terminated by KulaMind at any time, in its sole discretion. All rights not expressly granted in this Agreement are hereby expressly reserved by KulaMind.

You agree not to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying Our Content. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Our Content displayed on the Services, and you will not reproduce, modify, adapt, prepare derivative works from, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any of Our Content without the written permission of KulaMind or such third party that may own any Service Marks displayed on the Services.

6. Digital Millennium Copyright Act

KulaMind has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide the following information to us:

● an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

● a description of the copyrighted work that you claim has been infringed;

● a description of where the material that you claim is infringing is located on the Services (and such description must be reasonably sufficient to enable us to find the alleged infringing material);

● your contact information, including address, telephone number and email address;

● a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

● a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to KulaMind’s Copyright Agent via email to hello@kulamind.com, or via mail to the following address:

7. Payments, Refunds and Taxes

Paying For KulaMind Services. Certain KulaMind Services, including but not limited to subscriptions, are provided for a charge. Payments for all charged Services must be made using a valid payment method through the third-party payment processor (the “Payment Processor”) that we designate. We may designate a different Payment Processor at any time, for any reason. You must provide valid, up-to-date payment information to the Payment Processor. By providing your payment information to the Payment Processor, you acknowledge that KulaMind does not operate, own, or control the Payment Processor, and that your use of your payment method with the Payment Processor is governed by your separate agreement with, and the privacy policy of, the Payment Processor, and not by these Terms or this Agreement. You agree to immediately notify the Payment Processor of any change in your payment information (such as payment method, account number, billing address or other information), and maintain current information as required by the Payment Processor. If your payment fails, if we or the Payment Processor suspects fraud, or if Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse any charges), we may immediately cancel your subscription or revoke your access to the charged Services until you provide a valid payment method to our Payment Processor. KulaMind is not responsible if your subscription or other charged Services are terminated due to invalid payment information.

Refunds. We may have a posted refund policy for some of our Services, and we'll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all charges do not include applicable federal, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges ("Taxes"). You are responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your subscriptions. If we become obligated to pay or collect Taxes on the fees you have paid or will pay, you will be responsible for those Taxes, and we may collect payment from you.

Price Changes. We reserve the right at any time to change our prices, refund policy, and billing methods, subject to any obligations to provide notice of such changes under applicable law. If you do not wish to accept a price change, you may cancel your Services, including subscriptions as described in Section 8 below. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable Taxes.

8. Subscriptions

KulaMind Subscriptions. Most KulaMind Services require a monthly subscription. Among other things, subscriptions include your own dedicated coach with expertise in mental health coaching, video sessions and text message support, personalized resources and skills tailored to your needs, KulaMind’s suite of digital tools, progress tracking, and access to the KulaMind community.

Free Trials. You may have access to a free trial period, or an initial limited set of free Services (such as a free initial consultation) (“Free Trial”). You are allowed only one Free Trial regardless of your subscription method. We reserve the right to determine eligibility for Free Trials, which may vary based on factors including our marketing promotions or whether you have received a Free Trial previously. If offered, Free Trials will automatically convert to a paid monthly subscription after use. You can preclude the automatic conversion by following the cancellation instructions set forth in the paragraph “Subscription Cancellation” below.

Subscriptions Automatically Renew Monthly. Once you sign up for a KulaMind subscription, your subscription will automatically renew each month until you cancel in accordance with the instructions for cancelation below, and you will automatically be charged the associated fee (plus any applicable taxes) until you cancel. You can always determine your next renewal date and current fee by accessing your “Billing” page on the KulaMind Site.

Subscription Cancellation. If you wish to cancel your KulaMind subscription, you must cancel your subscription at least 24 hours before the end of your current billing period to avoid being charged for the next billing period. After cancellation, you will have access to your subscription through the last day of your current billing period, at which point your subscription (and access to the Services provided through your subscription) will be terminated. We do not provide partial refunds for subscriptions that are cancelled during a subscription period.

You may cancel your subscription(s) any time by accessing the “Unsubscribe” button on the “Subscription” page of the KulaMind Site.

To access subscription Services after discontinuing your paid subscription, you may need to purchase a new subscription, subject to then-current fees, terms, and conditions.

9. Warranty Disclaimer

Use of the Services is at your own risk. KulaMind does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Services are provided "AS IS" and "AS AVAILABLE" for your information and personal use only, without any warranty of any kind from KulaMind or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). TO THE MAXIMUM EXTENT PERMITTED BY LAW, KULAMIND AND ITS AFFILIATES, TEAM MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSEES (THE “KULAMIND PARTIES”) HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. THE KULAMIND PARTIES MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL THE KULAMIND PARTIES, OR ANY OF THEM, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. THE KULAMIND PARTIES DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR WILL MEET YOUR REQUIREMENTS. THE KULAMIND PARTIES MAKE NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE, AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. THE KULAMIND PARTIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE, BUG-FREE, OR FREE FROM DEFECTS, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS, OR OTHER HARMFUL ITEMS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WILL THE KULAMIND PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, REVENUES, DATA, OR COMPENSATION THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITIES WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF THE KULAMIND PARTIES ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICE, IN NO EVENT WILL THE KULAMIND PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500.00).

The KulaMind Parties, their licensors, and any third parties mentioned on the Services, are not liable for any personal injury, including death, caused by your use or misuse of the Services. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date on which the event giving rise to such action occurred. Remedies under these Terms are exclusive and limited to those expressly provided for in these Terms.

KulaMind, KulaMind coaches, and the other KulaMind Parties, do not provide medical advice through the Services to KulaMind Users. While the Services may provide access to certain general medical information, the Services cannot and are not intended to provide medical advice. The Services may provide general information to users for educational, informative and engagement purposes. All such information is not intended to replace or complement any professional medical consultation, advice, or treatment, which should be provided by a physician or other qualified healthcare professional. We advise you to always seek the advice of a physician or other qualified healthcare provider with any questions regarding your personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. The provision of content through the Services does not create a medical professional-patient relationship, and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is provided for educational and informational purposes only.

The Services include electronic interaction and communications with KulaMind. Our mental health support chatbots and other digital tools are not human and are artificial intelligence software that will respond to your communications based on our proprietary algorithms and the information you have provided us in your prior communications. The Services do not diagnose, treat, or cure a condition or disease and should not be construed as professional medical, psychological, or counseling advice. We cannot and do not represent, warrant, or guarantee the accuracy or suitability of any information provided by our chatbots. You understand and acknowledge that we cannot and do not edit, modify, filter, screen, monitor, endorse, or guarantee the content of any communications between you and KulaMind. We continue to improve our chatbots to make them more accurate, reliable, safe, and beneficial, but in some situations, our chatbots may provide inappropriate responses. We shall not be liable for any loss or damage caused by your reliance on any information received from our chatbots.

KULAMIND IS NOT RESPONSIBLE FOR THE ACTIONS, USER CONTENT, INFORMATION, CONTENT OR DATA OF THIRD PARTIES, AND YOU RELEASE THE KULAMIND PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

11. Indemnification

You agree to indemnify and hold the KulaMind Parties, and their affiliates, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, and successors harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third-party that are in any way due to or arising out of (a) any information that you or anyone using your account submits, posts, or transmits on or through the Services; (b) your or anyone using your account's use of or conduct on the Services; (c) the violation of these Terms or Acceptable Use Policy by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with us in such a defense. In any event, you will not settle any claim subject to indemnification by you without the prior written consent of KulaMind.

12. Disputes Policy; Arbitration Agreement; Class Action Waiver; Jury Trial Waiver

You and KulaMind agree that any legal claim or dispute arising from the Terms, the Agreement, or your use of the Services, will be resolved as outlined in this Section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND KULAMIND HAVE AGAINST EACH OTHER ARE RESOLVED.

KulaMind and you agree that the interpretation and enforcement of this Agreement to Arbitrate, including determinations of arbitrability, are governed by the Federal Arbitration Act ("FAA") and applicable federal law. In all other respects, the Terms and the Agreement shall be governed by the laws of New York, without regard to principles of conflict of laws. Any proceeding to enforce this arbitration agreement, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against KulaMind (except for small-claims court actions) may be commenced only in the federal or state courts located in New York, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes, and waive any contention that such courts constitute an inconvenient forum.

Legal notices shall be served on the KulaMind’s registered agent (in the case of KulaMind) or your email address on file with us (in your case). Notice by us to you shall be deemed given within twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to any physical address you have on file with us. In such a case, notice shall be deemed given three (3) days after the date of mailing. It is your responsibility to keep your contact information updated.

Informal Dispute Resolution

We want to address any concerns you may have without needing a formal legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we will make a good faith effort to resolve it informally. To initiate this good faith effort to informally resolve a dispute, you agree to notify us in writing at KulaMind, 251 West 91st Street PHA, New York, NY 10024, Attn: Compliance Officer, of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. During the 60 days from our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those 60 days (which can be extended by agreement of the parties), you or we may thereafter commence arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completion of this informal dispute resolution process is a condition precedent to commencing any formal dispute resolution proceeding, such as filing an arbitration or a small claims court proceeding. You and we agree to toll the statute of limitations and any filing fee deadlines while the parties engage in this informal dispute resolution process. We will send any dispute related notice to you at the contact information we have for you.

Agreement to Arbitrate

If we are unable to resolve the dispute through the mandatory informal dispute resolution process described above, and with one exception as set forth below, we and you agree to settle any controversies, claims, counterclaims, or other disputes between you and us or you and a third-party agent of ours (each a "Claim") through binding and final arbitration, rather than through court proceedings. This arbitration will follow the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"), as applicable, with modifications outlined in this Agreement to Arbitrate. You can find the AAA Rules at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by a single arbitrator who will decide all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator is not bound by rulings in previous arbitrations involving different Users but is bound by rulings in previous arbitrations involving the same User as required by applicable law. The arbitrator's decision in any such arbitration is final and binding and can be enforced in any court of competent jurisdiction. Both you and we agree that the arbitration proceedings will be kept confidential. The existence of the proceeding and any element of it, including pleadings, briefs, documents exchanged, testimony, oral submissions, and awards, will not be disclosed beyond the arbitration proceedings, except as lawfully required in judicial proceedings related to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.

The one exception is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court.

Arbitration Initiation

If you or we are unable to resolve any Claims informally, you or we may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must send a copy of the completed form to the opposing party. You may send a copy to us at the following address: 251 West 91st Street PHA, New York, NY 10024, attention Compliance Department. In the event we initiate arbitration against you, we will send a copy of the completed form to any physical address we have on file associated with your account, or to your email address if no physical address is on file. Any party to the arbitration may, at any time more than ten (10) days before arbitration, serve an offer of compromise in writing upon any other party to the action.

Costs of Arbitration

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise stated in this Agreement to Arbitrate. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

Prohibition of Class and Representative Actions and Non-Individualized Relief (the "Class Action Waiver")

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS OR GROUP ACTION. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN A SEPARATE WRITTEN AGREEMENT, THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER KULAMIND USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH'S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND OUR RIGHT TO APPEAL THE COURT'S DECISIONS. ALL OTHER CLAIMS WILL BE ARBITRATED.

WAIVER OF JURY TRIAL

IN ALL EVENTS, YOU AND WE HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT YOU OR WE MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATE DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.

13. General provisions

Additional Terms. Additional terms and conditions may apply to specific features or your use of certain portions of the Services. These additional terms also are legally binding.

No Waiver. Any waiver of any provision of this Agreement will be effective only if in writing and signed by or on behalf of KulaMind. No failure or delay by KulaMind in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. This provision will survive the termination of any and all of your transactions with KulaMind.

Severability. Unless otherwise expressly provided herein, the invalidity or enforceability of any provision of these Terms will not affect the validity or enforcement of any other provision, all of which remain in full force and effect.

Headings. The headings in these Terms are for convenience only and have no legal or contractual effect.

Assignment. KulaMind may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.

Entire Agreement. This Agreement (which includes these Terms, our Privacy Policy and our Acceptable Use Policy, and any other KulaMind terms that govern your use of Service), constitutes the entire agreement between you and KulaMind.

Notice. All notices to KulaMind shall be in writing to either the mailing or e-mail address listed below and will be deemed given on the date received by us:

KulaMind, Inc.

251 West 91st Street PHA

New York, NY 10024

Attention: Compliance Department

Email: hello@kulamind.com

You agree that KulaMind may send notices to you at the e-mail or mailing address supplied by you when you registered for an Account, or to any e-mail or mailing address for you that we have on file.

Changes. We may revise and update these Terms from time to time, in our sole discretion. Notice of any material change will be posted on this page with an updated effective date. All changes are effective immediately upon posting by us and such changes shall apply to all access to and use of the Services thereafter; provided, however, that any changes to the dispute resolution provisions set out in Section 12 will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to such changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

14. Contact Us.

If you have any questions about these Terms, our Privacy Policy, our Acceptable Use Policy, or our Services, please contact us by email or letter at:

KulaMind, Inc.

251 West 91st Street PHA

New York, NY 10024

Email: hello@kulamind.com