Terms of Service

Last Updated: February 19, 2026

These Terms of Service (“Terms”) are a legal agreement between you and Everline Holdings LLC (“Kova,” “we,” “us,” or “our”), a Texas limited liability company. They govern your access to and use of the Kova mobile application, its companion Apple Watch application, and the withkova.com website (collectively, the “Service”).

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to request proof of age or parental consent at any time.

2. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information when creating your account and to update it as needed. You must notify us immediately at support@withkova.com if you suspect unauthorized access.

We may suspend or terminate your account at any time if we reasonably believe you have violated these Terms or are using the Service in a manner that could harm Kova, other users, or third parties.

3. Beta Program

Kova is currently offered as a beta. By participating in the beta program, you acknowledge and agree to the following:

• The Service is pre-release software provided on an “as-is” and “as-available” basis. It may contain bugs, errors, and incomplete features.
• We may modify, limit, or discontinue any feature of the Service at any time, without notice.
• We may revoke your beta access at any time, for any reason or no reason, without prior notice.
• Beta access is personal and non-transferable. You may not share your account, invite credentials, or TestFlight/Play Store access with others.
• You agree to report bugs, crashes, and feedback through our designated channels (Discord, email, or in-app reporting).
• Data loss is possible. While we take reasonable steps to protect your data, beta software may experience data loss, corruption, or migration issues. You are responsible for maintaining any records you consider critical outside of the Service.
• Beta features, pricing, and availability are subject to change before general release. Nothing in the beta constitutes a commitment to deliver any specific feature or maintain any particular pricing.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to any part of the Service, other users' accounts, or our systems
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to harass, abuse, threaten, or send unsolicited messages to other users
• Upload or transmit viruses, malware, or any other malicious code
• Scrape, crawl, or use automated means to access the Service without our written permission
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Share, redistribute, or publicly display content from other users without their consent

5. User Content

You retain ownership of all content you create or upload through the Service, including workout logs, nutrition data, progress photos, messages, and custom exercises (“User Content”).

By using the Service, you grant us a limited, non-exclusive, royalty-free license to store, process, and display your User Content solely as necessary to operate and provide the Service to you. We do not claim ownership of your data, and we will not use your User Content for advertising or sell it to third parties.

If you share workout templates via share codes, the recipients receive a copy of that template. Shared templates may persist in other users' accounts even after you delete your account.

6. Trainer & Client Relationships

The Service allows personal trainers and clients to connect for fitness coaching purposes. You acknowledge and agree that:

• Trainers are independent. Kova does not employ, certify, endorse, or supervise any trainer on the platform. Trainers are solely responsible for the advice, programs, and services they provide to their clients.
• Kova is a platform, not a provider. We facilitate the connection between trainers and clients but are not a party to any trainer–client relationship. We make no representations about any trainer's qualifications, certifications, or fitness to provide training services.
• Client data sharing is user-controlled. Clients choose which data categories (workouts, nutrition, body stats, progress photos) to share with their trainer. Trainers may only access data that clients have explicitly permitted.
• You release Kova from any claims, damages, or losses arising from interactions, advice, or services between trainers and clients facilitated through the Service.

7. Subscriptions & Payments

Certain features of the Service require a paid subscription. Subscriptions are billed through the Apple App Store or Google Play Store and are subject to the respective store's terms and refund policies.

• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.
• You can manage or cancel your subscription through your device's app store settings.
• We reserve the right to change subscription pricing. Existing subscribers will be notified before any price change takes effect on their next renewal.
• Refunds are handled by the Apple App Store or Google Play Store in accordance with their policies. We do not process payments directly.

8. Third-Party Services

The Service integrates with third-party platforms including Strava, Garmin Connect, Fitbit, Apple Health, Health Connect, Google Gemini, Google Maps, and others. These integrations are provided for your convenience and are governed by the respective third party's terms of service and privacy policy.

We are not responsible for the availability, accuracy, or conduct of any third-party service. Your use of third-party integrations is at your own risk, and you agree to comply with the applicable third-party terms when using these features.

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE DISCLAIMED ON BEHALF OF THIRD-PARTY SERVICE PROVIDERS (INCLUDING STRAVA, GARMIN, FITBIT, AND OTHERS). IN NO EVENT SHALL ANY THIRD-PARTY SERVICE PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM YOUR USE OF THEIR SERVICES THROUGH KOVA.

9. Health & Fitness Disclaimer

Kova is not a medical device and does not provide medical advice. All features of the Service — including workout tracking, nutrition calculations, TDEE and macro estimates, AI-powered food recognition, body composition data, reproductive health tracking, cycle predictions, fertility window estimates, and pregnancy tracking — are for informational and personal tracking purposes only.

• Do not rely on the Service as a substitute for professional medical advice, diagnosis, or treatment.
• Cycle and fertility predictions are estimates and must not be used as a method of contraception.
• Consult a qualified healthcare professional before beginning any exercise or nutrition program, and for all reproductive health decisions.
• AI-powered food recognition provides estimates only. Nutritional values may be inaccurate. Do not rely on them for medical dietary requirements.

10. Intellectual Property

The Service, including its design, code, graphics, logos, and trademarks, is owned by Everline Holdings LLC and protected by intellectual property laws. Nothing in these Terms grants you any right to use the Kova name, logo, or branding without our prior written consent.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SERVICE AT YOUR OWN RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOVA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless Kova and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

14. Dispute Resolution & Arbitration

Please read this section carefully. It affects your legal rights.

You and Kova agree to resolve any disputes arising out of or relating to these Terms or the Service through binding individual arbitration, rather than in court, except that either party may bring claims in small claims court if eligible.

• No class actions. You agree to resolve disputes with us on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative proceeding.
• Arbitration rules. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. If AAA is unavailable, the parties will agree on an alternative arbitration provider.
• Location. Arbitration will take place in the State of Texas, or at another mutually agreed location. You may also elect to participate by phone or video.
• Fees. If you initiate arbitration, you will pay the initial filing fee. All other arbitration costs will be allocated as determined by the arbitrator in accordance with AAA rules.
• Opt-out. You may opt out of this arbitration provision by sending written notice to support@withkova.com within 30 days of creating your account. If you opt out, disputes will be resolved in the state or federal courts located in Texas.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Texas.

16. Termination

You may stop using the Service and delete your account at any time through the App's settings or by contacting us at support@withkova.com.

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Sections 5, 9, 11–15) will survive.

17. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms within the App and on our website, and by updating the “Last Updated” date above. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

18. Contact

If you have questions about these Terms, contact us at:

Everline Holdings LLC
Email: support@withkova.com

These terms of service apply to the Kova mobile application, its companion Apple Watch application, and the withkova.com website.