User Agreement

(a) Age. You must be at least 18 years of age and capable of entering a binding contract under applicable law to use the Services.

(b) Geographic availability. The Services are currently available in the United States, Canada, Australia, India, Singapore, and select countries in the Middle East. By using the Services, you represent that you are located in a supported country.

(c) Account registration. You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account. You must notify us immediately at support@kosha.life of any unauthorized access or use of your account.

(d) One account. You may not create more than one personal account. Accounts are non-transferable.

Kosha Wellness is a two-sided marketplace that connects customers seeking wellness services with independent providers (therapists, coaches, nutritionists, fitness and massage professionals, yoga instructors, and other wellness practitioners). Providers are independent contractors, not employees, agents, or representatives of Kosha Wellness. We do not provide wellness, therapeutic, or medical services ourselves, and we are not a party to any service agreement between a customer and a provider.

Kosha Wellness does not endorse or warrant the quality, safety, suitability, or legality of any provider or service listed on the platform. You are solely responsible for evaluating providers and deciding whether to engage their services.

The Services and any content or communications on the platform are for general wellness and informational purposes only and do not constitute medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay seeking it because of something you read or received through the Services. In an emergency, call your local emergency services immediately.

Providers are solely responsible for the professional services they deliver, for holding all licenses, certifications, and insurance required under the laws of the customer’s jurisdiction, and for complying with all applicable professional and regulatory standards.

In addition to all other terms of this Agreement, if you register as a provider you agree that:

• You hold all licenses, certifications, permits, and insurance required by applicable law to offer your services in the jurisdictions you serve.
• All information in your profile, including services, pricing, qualifications, and availability, is accurate, complete, and not misleading.
• You will honor confirmed bookings and communicate with customers in a professional and timely manner.
• You will not solicit customers to transact outside the platform with the intent to circumvent Kosha Wellness fees.
• Provider applications are subject to review and approval in Kosha Wellness’s sole discretion. Approved providers may be suspended or permanently removed for policy violations.
• You grant Kosha Wellness the right to display your profile, photos, descriptions, reviews, and other content on the platform and in marketing materials.

In addition to all other terms of this Agreement, if you register as a customer you agree that:

• You are responsible for selecting providers and services appropriate to your personal health and wellness needs.
• You will provide accurate booking information and attend scheduled appointments or cancel within the permitted window.
• You will treat providers with respect and refrain from any abusive, threatening, or inappropriate conduct.
• Reviews and feedback you submit must be honest, based on your genuine experience, and must not include false statements.

(a) Payment processing.Payments are processed by Stripe, Inc. By making a booking, you authorize the charge for the listed price, including any applicable taxes or fees. Your payment information is transmitted directly to Stripe and is not stored by Kosha Wellness. Stripe’s own Privacy Policy and terms apply to payment processing.

(b) Platform fee. Kosha Wellness retains a platform fee (application fee) from each transaction. The remainder is paid out to the provider through Stripe Connect. The platform fee is disclosed at checkout.

(c) Provider payouts.Providers must connect a Stripe Express account to receive payouts. Kosha Wellness is not responsible for delays or failures caused by Stripe or the provider’s connected financial institution.

(d) Currency. All prices on the platform are displayed in the local currency where applicable. Exchange rates and conversion fees charged by your bank or card issuer are your responsibility.

(a) Customer cancellations. Cancellations made before the free cancellation window (displayed at booking) are eligible for a full refund to the original payment method. Cancellations made within the free cancellation window, or no-shows, may not be refundable and may result in a cancellation fee as disclosed at booking.

(b) Provider cancellations. If a provider cancels a confirmed booking, customers will receive a full refund. Providers who repeatedly cancel may have their accounts suspended.

(c) Reschedules.Reschedule availability is subject to the provider’s calendar. A reschedule within the cancellation window may be treated as a cancellation.

(d) Disputes. Refund disputes must be submitted to support@kosha.life within 30 days of the booking date. Kosha Wellness’s decision on refund disputes is final subject to applicable consumer protection laws.

(a) Your content.You retain ownership of content you submit through the Services (“User Content”), including reviews, profile information, photos, and messages.

(b) License to Kosha Wellness. By submitting User Content, you grant Kosha Wellness a worldwide, royalty-free, sublicensable, and transferable license to host, reproduce, modify, adapt, distribute, and display such content for the purpose of operating, improving, and promoting the Services.

(c) Prohibited content. You must not post User Content that:

• Is false, misleading, defamatory, harassing, or threatening;
• Infringes any copyright, trademark, or other intellectual property right;
• Contains personal or private information about any other person without their consent;
• Is obscene, sexually explicit, or otherwise inappropriate; or
• Violates any applicable law or regulation.

(d) Removal. We reserve the right, but not the obligation, to remove or modify any User Content at any time, without notice, for any reason, including for violation of this Agreement.

You agree not to:

• Harass, abuse, stalk, threaten, defame, or otherwise violate the legal rights of any other user, provider, or employee of Kosha Wellness;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Use the Services to engage in any unlawful activity, including fraud, money laundering, or unauthorized data collection;
• Circumvent the platform’s fee structure by arranging payments directly with providers outside of the platform for Services booked through Kosha Wellness;
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services;
• Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our prior written consent (standard search engine indexing excepted);
• Upload or transmit viruses, malware, or any other malicious or destructive code;
• Copy, modify, distribute, sell, or lease any part of the Services or underlying software, or reverse engineer or attempt to extract the source code of the Services;
• Use the Services in a manner that could damage, disable, overburden, or impair the platform or interfere with any other party’s use of the Services;
• Submit false or misleading reviews, feedback, or reports about any provider or customer.

(a) Ownership. The Services, including all software, design, text, graphics, logos, and other materials, are owned by Kosha Wellness or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. All rights not expressly granted in this Agreement are reserved.

(b) Limited license. Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended personal or commercial (provider) purpose.

(c) Feedback.If you provide suggestions, ideas, or other feedback about the Services (“Feedback”), you grant Kosha Wellness a perpetual, irrevocable, royalty-free license to use that Feedback for any purpose without obligation to you.

(d) Trademarks.“Kosha Wellness” and related logos are trademarks of Kosha Wellness, Inc. You may not use them without our prior written consent.

We respect intellectual property rights and expect our users to do the same. If you believe any content on the Services infringes your copyright, please send a notice to our designated agent that includes:

• A description of the copyrighted work you believe has been infringed;
• The URL or other identification of the allegedly infringing material;
• Your contact information (name, address, phone, email);
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf; and
• Your physical or electronic signature.

Send DMCA notices to: legal@kosha.life. Kosha Wellness will terminate the accounts of repeat copyright infringers in appropriate circumstances.

The Services may integrate with or link to third-party services, such as Stripe for payments, Google for authentication, and mapping providers. These third parties have their own terms and privacy policies, which you should review. Kosha Wellness is not responsible for the content, practices, or policies of any third party.

Our Privacy Policy describes how we collect, use, and share information about you and is incorporated into this Agreement by reference. By using the Services, you consent to our data practices as described in the Privacy Policy.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.

Kosha Wellness does not warrant the accuracy, completeness, or suitability of any provider profile, service description, review, or other content on the platform. Your use of the Services and any reliance on provider information is at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOSHA WELLNESS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR YOUR INTERACTIONS WITH PROVIDERS OR OTHER USERS.

Our total cumulative liability to you for any claim arising out of this Agreement or your use of the Services is limited to the greater of (i) the total fees you paid to Kosha Wellness in the three months immediately preceding the event giving rise to the claim, or (ii) US $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by law.

You agree to defend, indemnify, and hold harmless Kosha Wellness and its officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of this Agreement or any applicable law; or (d) your interactions with any provider or customer on the platform.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Informal resolution. Before initiating arbitration, you agree to contact us at legal@kosha.life with a written description of your dispute and proposed resolution. We will attempt to resolve the dispute informally within 45 days. If we cannot, you or we may initiate arbitration.

(b) Binding arbitration.Any dispute, controversy, or claim arising out of or related to this Agreement or the Services that is not resolved informally will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except as modified by this section. The arbitration will be conducted in English.

(c) No class actions. YOU AND KOSHA WELLNESS EACH AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and may proceed in court.

(d) Location and format. Arbitration will be conducted remotely by video or telephone for claims under US $10,000 unless the arbitrator determines otherwise. For larger claims, the location will be determined by the AAA rules.

(e) Opt-out. You may opt out of binding arbitration by sending written notice to legal@kosha.life within 30 days of first accepting this Agreement. Your notice must include your name, email address, and a clear statement that you are opting out of arbitration.

(f) Statute of limitations. Any claim must be filed within two years after the cause of action arises, regardless of any statute or law to the contrary.

(g) Small claims. Either party may bring a qualifying claim in small claims court instead of arbitration.

This Agreement is governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-laws provisions. For any dispute not subject to arbitration under Section 17, or for purposes of enforcing an arbitration award, you consent to the exclusive jurisdiction of the state and federal courts located in Mecklenburg County, North Carolina, USA.

If you are accessing the Services from Australia, India, Singapore, or the Middle East, local mandatory consumer protection laws may apply to you in addition to this Agreement.

(a) Changes to the Services. We may modify, suspend, or discontinue the Services or any feature at any time, with or without notice. We may also update fees with reasonable advance notice.

(b) Termination by you. You may stop using the Services and close your account at any time via the account settings page or by emailing support@kosha.life.

(c) Termination by us. We may suspend or terminate your access to the Services at any time for any violation of this Agreement, or to protect the integrity of the platform and its users. We will provide reasonable notice where possible.

(d) Effect of termination. Upon termination, your right to use the Services ceases. Provisions that by their nature should survive termination will survive, including Sections 8(b), 10, 14, 15, 16, 17, and 20.

(a) Entire agreement. This Agreement, together with our Privacy Policy and any additional terms applicable to specific features or promotions, constitutes the entire agreement between you and Kosha Wellness regarding the Services and supersedes all prior agreements.

(b) Severability. If any provision of this Agreement is found invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

(c) No waiver. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so in the future.

(d) Assignment. You may not assign your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement freely, including in connection with a merger, acquisition, or sale of assets.

(e) No third-party beneficiaries. This Agreement does not create any third-party beneficiary rights.

(f) Updates to this Agreement.We may update this Agreement from time to time. We will notify you of material changes by posting the updated Agreement with a new “Last updated” date and, where required, by sending an in-app notice or email. Your continued use of the Services after the effective date of any update constitutes acceptance of the revised Agreement.

If you access the Services via an iOS application downloaded from the Apple App Store, you acknowledge that: (a) this Agreement is between you and Kosha Wellness only, not Apple, Inc.; (b) Apple has no obligation to provide maintenance or support for the app; (c) Apple is not responsible for any claims relating to the app, including product liability or legal compliance claims; and (d) Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.

If you access the Services via an application on a device running Google Android, the same principles apply with respect to Google LLC and the Google Play Store.

If you have questions about this Agreement, please contact us at: