Last updated June 25, 2024

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1. Introduction

These Terms apply to:

• The Kimura website located at www.thekimura.app (“Site”)

• The Kimura mobile applications available on the Apple App Store (iOS and iPad OS) and Google Play Store (Android) (“Apps”).

The Site and the Apps are owned and operated by Aurelius Applications Inc. from Canada with its registered address at 3810-108 Peter Street, Toronto M5V 0W2. Kimura is a trading name of Aurelius Applications Inc. Throughout these Terms, the Site and the Apps, the terms “Kimura,” “we,” “us,” “platform,” and “our” refer to Aurelius Applications Inc.

By visiting the Site and/or using the Apps, you agree to be bound by and comply with the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms should be read alongside our Privacy Policy, which you can find here.

If you have any queries, please reach out to us via email at support@aureliusapplications.com.

Agreement to Our Legal Terms

We operate the Site and the Apps, as well as any other related products and services that refer or link to these legal terms (the "Legal Terms").

You can contact us by email at support@aureliusapplications.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Aurelius Applications Inc., concerning your access to and use of the Site or the Apps. You agree that by accessing the Site or the Apps, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

‍PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITE AND/OR THE APPS. BY DOWNLOADING, INSTALLING OR ACCESSING THE APPS OR BY THE BROWSING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS WHICH ARE LEGALLY BINDING. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, YOU SHOULD NOT USE THE SITE AND THE APPS.

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‍2. General Information

Kimura provides a personalized Brazilian Jiu Jitsu (BJJ) training app that includes technique tracking, video integration, memory retention tools, and community engagement features. For more information on the services we offer, please visit the Site or our App.

You may download and use our App provided you are aged 18 or older. We may delete your account (and associated data) if you are under this age.

We may add to, discontinue, or suspend any part of our service at any time at our sole discretion. This may occur if we discontinue a particular feature or if we suspend access to the services to protect Kimura and its users.

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3. Modifications, Interruptions, and App Updates

We reserve the right to change, modify, or remove the contents of the Site or the Apps at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site or the Apps. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Apps.

We cannot guarantee the Site or the Apps will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or the Apps, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Apps at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Apps during any downtime or discontinuance of the Site or the Apps. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Site or the Apps or to supply any corrections, updates, or releases in connection therewith.

We may make updates to the Apps available to you from time to time which may add features or fix bugs. We recommend that you keep the Apps updated as you may not be able to use them until you have installed the latest version.

The Apps are provided over the Internet and so their quality and availability may be affected by factors outside our control. We are not responsible for any connectivity issues that you may experience when using the Apps. You are responsible for obtaining a compatible device, as well as for paying any applicable data charges that may be charged to you by your network provider in connection with your use of the Apps.

Like with all applications, the Apps may include bugs and other errors from time to time. While we aim to fix bugs that we are aware of, we do not guarantee (and so do not take responsibility for ensuring) that the Apps or the Site will be error-free or that any such errors will be corrected.

From time to time, the Apps may include integrations with third-party products and services (such as Google Maps). As these connections are additional to our core service and reliant on a third party: (a) we do not accept responsibility for such connections; and (b) they may stop working or be removed at our discretion (without refund).

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4. Third Party Store Rules

You agree to comply with the Apple Media Site or the Apps Terms and Conditions and the Google Play Terms of Site or the Apps, as applicable to your device, when making use of the Apps.

You acknowledge that:

• the availability of the App is dependent on either the Apple App Store or Google Play Store from which you downloaded the App;

• these Terms are between you and Kimura, and not with the Apple or Google;

• the Apple App Store and Google Play Store are not responsible for: (a) the App, its content, maintenance, support, and warranty; or (b) addressing any related claims (such as product liability, legal compliance or intellectual property infringement); and

• the operators of the Apple App Store and Google Play Store (and their subsidiaries) are third party beneficiaries to these Terms and will have the right to enforce these Terms against you.

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‍5. Not Medical or Professional Advice

The contents of the Site and Apps are provided for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis or treatment, professional athletic instruction, or professional strength coaching. You expressly agree that we are not providing medical advice or professional athletic training to you as part of the Site or the Apps, and it is not a replacement for a physician or other qualified professional.

You should always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. You should not:

• disregard professional medical advice or delay in seeking it because of something you have read on the Site or Apps; nor

• use the Site or the Apps to diagnose or treat a medical condition.

Your use of the Site and the Apps does not create a doctor-patient or other professional healthcare relationship between you and Kimura.

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6. Permitted use

You agree to use the Site and the Apps only as permitted by these Terms and in compliance with all applicable laws, regulations, and generally accepted practices in your country of residence. You may only use the Site and the Apps for your personal use, and this license is granted to you on a non-commercial, non-exclusive, and non-transferable basis.

You will not (and will not attempt to):

• Modify, adapt, translate, reverse engineer, decompile, disassemble, or convert any of the contents of the Site or the Apps.

• Copy, reproduce, or otherwise make available any of the contents of the Site or the Apps in any form or by any means.

• Use the Site or the Apps for any illegal or unlawful purpose.

• Access any of the services by any means other than through the interface that is provided by Kimura, nor will you access via any automated means (such as scripts or web crawlers).

• Gain access to Kimura’s systems or engage in any activity that interferes with or impairs the performance or security of Kimura’s networks and systems.

• Collect any personally identifiable information via the Site or the Apps for any purpose.

• Reproduce, duplicate, copy, or sell for any purpose either: (a) any aspect of the services for any purpose; or (b) any product or service bearing the Kimura name or any of our trademarks, service marks, logos, or trade names.

• Systematically retrieve data or other content from the Site or the Apps to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Kimura.

• Trick, defraud, or mislead Kimura and other users, especially in any attempt to learn sensitive account information such as user passwords.

• Circumvent, disable, or otherwise interfere with security-related features of the Site or the Apps, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site or the Apps.

• Disparage, tarnish, or otherwise harm, in our opinion, Kimura and/or the services.

• Use any information obtained from the Site or the Apps to harass, abuse, or harm another person.

• Make improper use of our support services or submit false reports of abuse or misconduct.

• Engage in unauthorized framing of or linking to the Site or the Apps.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or the Apps or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site or the Apps.

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

• Delete the copyright or other proprietary rights notice from any content.

• Attempt to impersonate another user or person or use the username of another user.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

• Interfere with, disrupt, or create an undue burden on the Site or the Apps or the networks or services connected to the Site or the Apps.

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the services to you.

• Attempt to bypass any measures of the Site or the Apps designed to prevent or restrict access to the Site or the Apps, or any portion of the Site or the Apps.

• Copy or adapt the Site’s or the Apps’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or the Apps.

• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or the Apps, or use or launch any unauthorized script or other software.

• Use a buying agent or purchasing agent to make purchases on the Site or the Apps.

• Make any unauthorized use of the Site or the Apps, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

• Use the Site or the Apps as part of any effort to compete with us or otherwise use the Site or the Apps and/or the content for any revenue-generating endeavor or commercial enterprise.

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7. Social Media

As part of the functionality of the Site or the Apps, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Site or the Apps; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Site or the Apps via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site or the Apps. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site or the Apps. You will have the ability to disable the connection between your account on the Site or the Apps and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site or the Apps. You can deactivate the connection between the Site or the Apps and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

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8. Interaction with other Users

Kimura may make functionality available in the Apps for you to communicate with other users. You are solely responsible for your communications with other Kimura users. Kimura is not liable for any interactions between Kimura users, nor are we responsible for any content posted by others.

Kimura may take action it deems appropriate against users which act in breach of these Terms.

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9. Referral codes

Referral codes may be available from time to time which may provide additional discounts, such as extended free trials or discounts on the cost of a Kimura membership. These codes and discounts are made available at Kimura’s sole discretion and on the terms communicated alongside the code.

We may withdraw these codes at any time, without notice or reimbursement.

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10. Payments & Refunds

Payments

All payments for subscription fees or services must be made through the Apple App Store or Google Play (the “Payment Method”). By using these platforms, you authorize them to process your payment information in accordance with their terms and conditions. Kimura does not directly process payments or store payment information for these transactions. You may update your Payment Method or manage your subscription through the respective app store accounts. Some users may be located in countries with laws which allow for early termination or so-called “cooling-off periods”. By purchasing a subscription from us you are specifically requesting that the Apps be immediately made available to you (and you will be required to acknowledge this). Doing so will waive your ability to cancel the transaction during any such cooling-off period.

In addition to monthly and annual subscriptions, a "Lifetime" option is available. Lifetime access provides perpetual access to premium features for a one-time payment. By purchasing Lifetime Access, you acknowledge that no refunds or cooling-off periods apply, regardless of location or applicable local laws.

Auto-Renewal

Subscriptions are automatically renewed at the start of each billing period (monthly or annually, as applicable). Your subscription will continue to auto-renew at the same rate unless otherwise notified. You may cancel the auto-renewal at any time through your Apple App Store or Google Play account settings. Lifetime purchases does not require renewal.

Cancellation of Subscription

Subscriptions can be canceled directly through the app store where you initiated the subscription. After cancellation, your subscription will remain active until the end of the current billing period. Upon expiration, your account will revert to a free tier. You can re-subscribe at any time, subject to prevailing subscription rates. Lifetime purchases cannot be canceled or refunded.

Termination

We may terminate your subscription and/or cancel your account at any time. We will contact you via email if we take such action and we will explain why the cancellation and/or closure occurred.

Where we terminate:

• due to your breach of these Terms, you will not be eligible for a refund in such a scenario; or

• for any other reason, you will be entitled to a pro-rated refund for any pre-paid amounts.

Please email us at support@aureliusapplications.com if you think that your account has been closed incorrectly.

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11. Intellectual property rights

We grant you a limited license to use the Site and the Apps for your own personal use. The Site and the Apps and all content included therein (including images, sounds, videos and text) is the intellectual property of Kimura and its licensees. Except as set out in these Terms, you acquire no rights to any such intellectual property.

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‍12. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RUNNA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY: (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE, APPS AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND APPS AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE AND APP IS AT YOUR OWN RISK.

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13. Limitation of liability

Our responsibility to you in connection with your use of the Site and the Apps (also known as “liability”) is limited as much as the law in your country of residence will allow from time to time.

We are not responsible or liable for any consequential, special, indirect, or incidental damages arising out of your use of the Site and the Apps, even if we know that such losses might arise. Our aggregate liability to you will not exceed the greater of USD 50 and the amount you have paid to us in the past 12 months.

You acknowledge that your athletic activities (including, but not limited to, Brazilian Jiu Jitsu training or following a Kimura training plan on the Apps) carry certain inherent and significant risks of property damage, bodily injury, or death. You further agree, to the maximum extent permitted by the law in your country of residence, to:

• Voluntarily assume all known and unknown risks associated with these activities even if caused in whole or part by the action, inaction, or negligence of Kimura; and

• Release Kimura, its subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors (the “Released Parties”) from any and all liability in connection with your athletic activities and/or use of the Site and the Apps, and promise not to sue the Released Parties in connection with the same.

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14. Indemnification

You agree to indemnify and hold Kimura and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand or loss (including reasonable legal fees) resulting from any third party claim in connection with:

• your breach of these Terms; or

• your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right.

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15. Termination

If you breach these Terms, we may terminate your right to make use of the Apps. We will notify you of the fact we are terminating and the reasons for it, and you will not be entitled to a refund.

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16. Changes to these terms

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Site or the Apps after the date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

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17. Other terms

By using the Apps you confirm that you are not:

• located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and

• listed on any U.S. Government list of prohibited or restricted parties.

You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition or sale of assets) or by law.

If any of these Terms are found to be invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining terms or conditions.

These Terms contain the entire understanding and agreement between you and Kimura concerning the Site and App and replace all previous terms and conditions.

A failure to act concerning a breach by you or others does not waive Kimura's right to act concerning subsequent or similar breaches.

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18. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

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19. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least 60 days before initiating any arbitration or legal proceedings. Such informal negotiations commence upon written notice from one Party to the other Party.

Exceptions to Informal Negotiations

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations:

• Any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.

• Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.

• Any claim for injunctive relief.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Canada. Aurelius Applications Inc. and you irrevocably consent that the courts of Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms.

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21. Contact Us

For any questions, complaints, and queries or to report any violations, please contact us at support@aureliusapplications.com.