Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Aeon Kairos platform, including our web dashboard, APIs, and associated services (collectively, the "Platform"), operated by MNBK LLC, DBA Aeon Kairos ("Aeon Kairos," "we," "us," or "our").

By accessing or using the Platform, you agree to be bound by these Terms. If you are using the Platform on behalf of a business, you represent that you have authority to bind that business to these Terms.

These Terms apply to:

• Business Owners and Staff — businesses and individuals who create and manage an Aeon Kairos account
• Business Members and Leads — individuals whose information is managed within the Platform by a fitness business

2. Description of Service

Aeon Kairos is a business operations platform designed for boutique fitness businesses. The Platform provides tools including but not limited to:

• Operational action center with AI-assisted analysis and recommendations
• Member health monitoring and engagement tracking
• Guest and lead pipeline management
• Class scheduling, booking, and attendance management
• Coach and member communication tools including SMS and in-app messaging
• Community management features
• Point of sale and membership billing management
• Advertising performance intelligence and Meta ad attribution
• AI-assisted message drafting, call brief generation, and operational recommendations
• Gamification features including experience points, badges, and member progression (where enabled)

Features available to a specific account are determined by the subscription tier and add-on modules active for that account.

3. Accounts and Access

3A — Gym Owner and Staff Accounts

To use the Platform, a fitness business must create an account. You agree to:

• Provide accurate and complete information when creating your account
• Maintain the security of your login credentials
• Notify us immediately at hello@aeonkairos.com of any unauthorized access
• Be responsible for all activity that occurs under your account

Each gym account is provisioned as an isolated tenant. Your data is not accessible to other gym accounts on the Platform.

3B — Staff Access

Gym owners are responsible for managing staff access within their account. You are responsible for ensuring that staff members use the Platform in accordance with these Terms and all applicable laws.

3C — Gym Members and Leads

Gym members and leads do not have direct accounts with Aeon Kairos. Their information is managed within the Platform by the fitness business. The fitness business is responsible for obtaining all necessary consents from their members and leads for the collection and processing of their data through the Platform.

4. Subscriptions, Billing, and Trials

4A — Subscription Tiers

Access to Platform features is determined by your subscription tier (Operator, Intelligence, Growth, or Enterprise) and any active add-on modules. Feature availability per tier is described in our pricing documentation.

4B — Free Trial

New accounts may be eligible for a 14-day free trial. No charge is made during the trial period. At the end of the trial, your account will require an active subscription to continue accessing the Platform.

4C — Billing

Subscription fees are billed monthly or annually as selected at signup, processed through Stripe. By providing payment information, you authorize us to charge your payment method for all applicable fees.

4D — Changes and Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods. We reserve the right to modify pricing with 30 days notice to active subscribers.

4E — Failed Payments

If a payment fails, we will attempt to notify you and may suspend access to the Platform until payment is resolved. Accounts with outstanding balances for more than 30 days may be terminated.

5. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Platform to violate any applicable local, state, national, or international law or regulation
• Send unsolicited communications or spam through the Platform's messaging features
• Send SMS messages to individuals who have not provided explicit consent
• Use the Platform to collect or process data about minors under 18 years of age
• Attempt to gain unauthorized access to any part of the Platform or another business's account
• Reverse engineer, decompile, or attempt to extract the source code of the Platform
• Use the Platform to store or transmit malicious code
• Resell or sublicense access to the Platform without our written consent
• Make false or misleading representations to members or leads through the Platform
• Use AI-generated content from the Platform as medical advice or to make medical claims about members

5A — SMS and Communications

You are responsible for ensuring all SMS communications sent through the Platform comply with the Telephone Consumer Protection Act (TCPA) and any other applicable communications laws. This includes obtaining explicit written consent before sending marketing SMS messages, honoring opt-out requests immediately, and maintaining records of member consent.

We reserve the right to suspend SMS capabilities for any account found to be in violation of applicable communications laws.

5B — AI Features

AI-assisted features on the Platform are tools to support human decision-making, not to replace it. You agree that:

• All AI-generated recommendations, message drafts, and analysis require human review and approval before action is taken
• You will not represent AI-generated content as independently verified medical, legal, or financial advice
• You will not make health outcome guarantees or medical claims to members based on Platform data or AI outputs

6. Data and Privacy

6A — Your Data

You retain ownership of all data you enter into the Platform, including member and lead data. By using the Platform, you grant us a limited license to store, process, and transmit that data solely to provide the services described in these Terms.

6B — Data Processing

You represent and warrant that you have all necessary rights, consents, and authorizations to submit member and lead data to the Platform for processing. You are the data controller for your members' personal information. We process that data as a data processor acting on your instructions.

6C — Privacy Policy

Our collection and use of information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6D — Data Security

We implement industry-standard security measures to protect data on the Platform, including tenant isolation ensuring your data is not accessible to other accounts. You are responsible for maintaining the security of your staff login credentials.

6E — Data Export and Deletion

Upon account termination, you may request an export of your data within 30 days. After 30 days, data will be deleted in accordance with our Privacy Policy. We are not responsible for data loss resulting from account termination.

7. Third-Party Integrations

The Platform integrates with third-party services including Meta (Facebook/Instagram), Twilio, Stripe, and others. Your use of these integrations is subject to the respective third-party terms of service. We are not responsible for the actions, data practices, or availability of third-party services.

When you connect a third-party account (such as a Meta ad account) to the Platform, you represent that you have the authority to do so and that such connection complies with the third party's terms of service.

8. Intellectual Property

8A — Our Property

The Platform, including its software, design, features, and content created by Aeon Kairos, is owned by MNBK LLC and protected by intellectual property laws. These Terms do not grant you any ownership rights in the Platform.

8B — Your Property

You retain all ownership rights in your business data, member data, and any content you create within the Platform. You grant us only the limited license necessary to operate the Platform on your behalf.

8C — Feedback

If you provide feedback or suggestions about the Platform, we may use that feedback without any obligation to you.

9. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information. This does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

10. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Platform will be uninterrupted, error-free, or secure; that any AI-generated analysis or recommendations will be accurate or complete; or that the Platform will meet your specific business requirements.

AI features are analytical tools. All outputs are recommendations only and require human review. We make no guarantee regarding the accuracy of member health scores, lead conversion predictions, ad performance verdicts, or any other AI-generated analysis.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MNBK LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless MNBK LLC and its officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your processing of member or lead data, including any failure to obtain required consents
• Any claims by your members or leads related to how you use the Platform

13. Alpha and Beta Participation

During the alpha or beta phase of the Platform, additional terms may apply as communicated in your alpha participant agreement. During this phase:

• The Platform is provided free of charge
• Features, availability, and data structures may change without notice
• We make no uptime or data retention guarantees beyond reasonable commercial efforts
• Your participation and feedback are voluntary and help improve the product

14. Termination

14A — By You

You may terminate your account at any time by contacting hello@aeonkairos.com. Termination does not entitle you to a refund of any prepaid fees.

14B — By Us

We reserve the right to suspend or terminate your account at any time for violation of these Terms, non-payment, or any conduct we determine to be harmful to the Platform, other users, or third parties. We will provide notice where reasonably practicable.

14C — Effect of Termination

Upon termination, your access to the Platform will cease. Sections of these Terms that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and governing law) will survive.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms or the Platform shall be resolved in the state or federal courts located in Tarrant County, Texas, and you consent to the jurisdiction of those courts.

Before initiating any legal proceeding, you agree to contact us at hello@aeonkairos.com and attempt to resolve the dispute informally for at least 30 days.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date and notify gym owners via email with at least 14 days notice before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

17. General

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Aeon Kairos regarding the Platform
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect
• No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction

18. Contact

For questions about these Terms: