Terms of Service

Effective Date: 6th May 2026 · Last Updated: 21st May 2026

These Terms of Service ("Terms") govern your access to and use of the Kaya Health mobile application, website, and related services (collectively, the "Services") provided by Kaya AI B.V. ("Kaya", "we", "our", or "us").

By accessing or using the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not use the Services.

1. About Kaya

Kaya offers both free and paid features within the Services. Certain enhanced features, experiences, insights, or functionality may require a paid subscription.

Kaya is a personalised women's health and wellness platform focused on areas including:

  • skin health;
  • hair and scalp health;
  • nutrition and lifestyle;
  • wellbeing tracking; and
  • perimenopause support.

The Services allow users to log information, upload photos, speak or write notes, monitor patterns over time, and receive AI-assisted wellness insights and recommendations.

2. Important Health Disclaimer

Kaya is not a medical provider and does not provide medical diagnosis, treatment, emergency care, or medical services.

The Services are intended solely for informational, educational, wellness, lifestyle, and self-management support purposes.

Any AI-generated insights, summaries, recommendations, pattern analysis, or outputs generated through the Services:

  • are not medical advice;
  • are not intended to diagnose, treat, cure, or prevent disease;
  • should not replace consultation with qualified healthcare professionals; and
  • should not be relied upon for emergency or urgent medical situations.

You acknowledge that:

  • AI systems may produce inaccurate, incomplete, outdated, or inappropriate outputs;
  • wellness insights may not apply to your individual circumstances;
  • you are responsible for evaluating how you use any information provided through the Services.

If you believe you may have a medical emergency, contact emergency services immediately.

3. Eligibility

You must be at least the minimum legal age required in your jurisdiction to use the Services.

By using the Services, you represent that:

  • you are legally permitted to use the Services;
  • the information you provide is accurate to the best of your knowledge; and
  • you will comply with these Terms and applicable laws.

4. User Accounts

To access certain features, users may be required to create an account.

You are responsible for:

  • maintaining the confidentiality of your login credentials;
  • all activity occurring under your account; and
  • promptly notifying us of unauthorised access or security concerns.

We reserve the right to suspend or terminate accounts where:

  • these Terms are violated;
  • misuse or abuse is suspected;
  • fraudulent or harmful activity occurs; or
  • continued access may create legal, security, or operational risks.

5. User Content

Users may upload, submit, or generate content through the Services, including:

  • photos;
  • voice notes;
  • wellness logs;
  • journal entries;
  • symptoms;
  • nutritional information;
  • routines;
  • messages; and
  • other related content ("User Content").

You retain ownership of your User Content.

You may remove or delete certain User Content directly within the Services, subject to applicable retention, security, legal, and operational requirements.

By submitting User Content, you grant Kaya a limited, non-exclusive, worldwide licence to host, process, store, analyse, display, and use that content solely for:

  • operating the Services;
  • improving functionality;
  • generating personalised insights;
  • maintaining platform security;
  • complying with legal obligations; and
  • improving user experience and platform performance.

Where required by law, Kaya will obtain additional consent before using sensitive information for research or AI model training purposes.

You represent that:

  • you own or have the rights necessary to submit your User Content;
  • your User Content does not violate applicable law or third-party rights; and
  • your User Content does not contain unlawful, abusive, harmful, or malicious material.

6. AI-Generated Content and Outputs

Kaya uses artificial intelligence and automated systems to generate certain outputs, recommendations, summaries, and wellness insights.

You acknowledge and agree that:

  • AI-generated outputs are probabilistic in nature;
  • outputs may contain inaccuracies or errors;
  • outputs may not reflect medically validated conclusions;
  • Kaya does not guarantee the accuracy, reliability, or suitability of AI-generated outputs.

Users should independently evaluate all outputs before relying on them.

You agree not to use the Services as a substitute for professional medical advice, diagnosis, or treatment.

7. Acceptable Use

You agree not to:

  • use the Services unlawfully;
  • attempt to gain unauthorised access to systems or data;
  • interfere with platform functionality or security;
  • upload malicious code or harmful material;
  • impersonate another person;
  • misuse the Services to harass, abuse, or harm others;
  • attempt to reverse engineer the Services except where permitted by law;
  • use automated tools to scrape or extract platform data without permission;
  • use the Services in ways that could damage Kaya or other users.

We reserve the right to investigate and take appropriate action regarding misuse.

8. Privacy

Your use of the Services is also governed by our Privacy Policy.

By using the Services, you acknowledge that your information will be collected and processed in accordance with the Privacy Policy.

9. Account Deletion

Users may delete their account and associated data directly within the app through available account settings.

Following deletion requests, Kaya will take reasonable steps to delete or anonymise associated information within a reasonable timeframe, subject to:

  • legal obligations;
  • security and fraud prevention requirements;
  • backup retention processes;
  • dispute resolution requirements; and
  • legitimate operational or regulatory needs.

Certain limited information may be retained where required by law or reasonably necessary to protect platform integrity and security.

10. Third-Party Services

The Services may integrate with or rely upon third-party providers, including providers of:

  • analytics;
  • hosting;
  • authentication;
  • communications;
  • AI infrastructure; and
  • cloud services.

Kaya is not responsible for third-party services, content, or systems outside our control.

Third-party services may be governed by separate terms and privacy policies.

11. Subscriptions, Billing, and Payments

Certain features of the Services may require payment of subscription fees ("Paid Subscriptions").

Details of current subscription plans, pricing, billing cycles, trial periods, and included features are made available within the app.

By purchasing a Paid Subscription, you agree that:

  • subscription fees may be charged in advance on a recurring basis;
  • subscriptions may automatically renew unless cancelled before the renewal date;
  • billing may be processed through Apple App Store, Google Play, Stripe, or other authorised payment providers;
  • you are responsible for managing your subscription and payment method.

Users may manage or cancel subscriptions through the relevant app store account settings or payment provider portal.

Deleting the app alone does not automatically cancel a subscription.

Unless otherwise required by law or platform rules:

  • subscription payments are generally non-refundable once billed;
  • cancellation takes effect at the end of the active billing period;
  • Kaya may change subscription pricing or features with reasonable notice.

We may also offer free trials, promotional pricing, discount codes, or limited-access plans from time to time. Additional terms may apply to those offers.

12. Service Availability

We aim to provide reliable Services but do not guarantee uninterrupted availability.

The Services may occasionally experience:

  • maintenance;
  • downtime;
  • delays;
  • interruptions;
  • bugs; or
  • technical limitations.

We reserve the right to modify, suspend, or discontinue parts of the Services at any time.

13. Intellectual Property

Except for User Content, all intellectual property rights in the Services, including:

  • software;
  • branding;
  • designs;
  • interfaces;
  • graphics;
  • AI systems;
  • features; and
  • platform content,

are owned by or licensed to Kaya.

Nothing in these Terms transfers ownership of Kaya intellectual property to users.

Users may not copy, reproduce, distribute, modify, scrape, reverse engineer, commercially exploit, or create derivative works from the Services except as permitted by law or with written permission.

14. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided "as is" and "as available."

Kaya does not guarantee that:

  • the Services will always be uninterrupted or error-free;
  • outputs will always be accurate or reliable;
  • the Services will meet every user expectation;
  • defects will always be corrected immediately.

To the maximum extent permitted by law, Kaya disclaims all warranties, whether express, implied, statutory, or otherwise.

15. Limitation of Liability

To the maximum extent permitted by law, Kaya and its affiliates, directors, employees, contractors, partners, and licensors shall not be liable for:

  • indirect or consequential damages;
  • loss of profits or data;
  • personal injury;
  • reliance on AI-generated outputs;
  • interruptions or technical failures;
  • unauthorised access or security breaches beyond Kaya's reasonable control;
  • decisions made based on information provided through the Services.

To the extent permitted by law, Kaya's aggregate liability relating to the Services shall not exceed the amount paid by the user to Kaya, if any, during the twelve months preceding the claim.

Nothing in these Terms excludes liability that cannot legally be excluded under applicable law.

16. Indemnification

You agree to indemnify and hold harmless Kaya and its affiliates, officers, employees, contractors, and partners from claims, damages, liabilities, and expenses arising from:

  • your use of the Services;
  • your violation of these Terms;
  • your User Content; or
  • your violation of applicable laws or third-party rights.

17. Termination

We may suspend or terminate access to the Services at any time where reasonably necessary, including where:

  • these Terms are violated;
  • misuse or abuse occurs;
  • legal or regulatory risks arise;
  • platform security is threatened.

Users may stop using the Services or delete their account at any time.

18. Changes to the Services or Terms

We may modify the Services or these Terms from time to time.

Where material changes are made, we may notify users through:

  • the app;
  • email; or
  • our website.

Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.

19. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Netherlands, unless otherwise required by applicable consumer protection laws.

20. Contact Information

Kaya AI B.V.
Joop Geesinkweg 601, 1114AB Amsterdam-Duivendrecht
The Netherlands
Email: legal@mykaya.ai
Website: https://mykaya.ai

21. Severability

If any provision of these Terms is found unenforceable or invalid, the remaining provisions shall remain in full force and effect.

22. Entire Agreement

These Terms, together with the Privacy Policy and any additional policies referenced within the Services, constitute the entire agreement between users and Kaya regarding the Services.

23. Apple App Store Additional Terms

If you access or use the Services through an Apple device, the following terms apply:

These Terms are concluded between you and Kaya AI B.V., and not with Apple Inc. Apple is not responsible for the Services or their content.

Kaya grants you a limited, non-exclusive, non-transferable, revocable licence to use the Kaya Health application on Apple-branded devices that you own or control, subject to the Apple Media Services Terms and Conditions.

Apple has no obligation whatsoever to provide maintenance or support services for the Services.

To the maximum extent permitted by applicable law, Apple has no warranty obligation with respect to the Services.

Kaya, not Apple, is responsible for addressing any claims relating to the Services, including:

  • product liability claims;
  • claims relating to legal or regulatory compliance;
  • claims arising under consumer protection, privacy, or similar laws.

In the event of any third-party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights, Kaya, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of such claim.

You represent and warrant that:

  • you are not located in a country subject to a U.S. Government embargo; and
  • you are not listed on any U.S. Government list of prohibited or restricted parties.

You must comply with all applicable third-party agreements when using the Services.

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you as a third-party beneficiary.