Home / Terms and Conditions

Terms and Conditions

Last revised on: October 1, 2025

Introduction

These Terms and Conditions ("Terms and Conditions") form a legal agreement between Futuro, Inc. dba Kyma (“Kyma”) and you, the individual ("you" and "your") concerning your access to and use of the Dynamic Intervention System via www.kyma.app and Kyma’s website located at kyma.health (the “Site” and collectively, the “Services”). Use of the Services constitutes your acceptance of these Terms and Conditions and Kyma Privacy Policy.  These Terms and Conditions apply to all users of the Services unless otherwise stated.

The Services include the Dynamic Intervention System, an AI-powered service created by Kyma, designed to connect you and your doctor between visits so that your doctor can support you on your health journey via your chosen connected fitness tracking accessories (“Wearable”). Kyma enables patients and their physicians to harness the data from their Wearable, allowing health care providers to send messages about that data to the patient to better monitor and achieve health goals.

By using the Services, you expressly agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you should immediately cease all use of and access to the Services. Please print a copy of these Terms and Conditions for your records.

Kyma may in its sole discretion, without prior notice to you, revise these Terms and Conditions at any time. Should these Terms and Conditions change materially, Kyma will update the Effective Date noted above and post a notice regarding the updated Terms and Conditions on its Site. The amended Terms and Conditions will also appear when the Site is accessed by you and you will need to acknowledge your agreement to the amended Terms and Conditions prior to being able to continue to use the Site. If you do not agree to the terms of the amended Terms and Conditions, your sole and exclusive remedy is to discontinue your use of the Services and you will be deemed to have terminated these Terms and Conditions. Amended Terms and Conditions will be effective as of the Effective Date unless otherwise stated. By accessing or using the Site after such changes are posted you agree and consent to all such changes.

Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with or before use of such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

  1. Eligibility to Use the Services

By requesting to use, registering to use, and/or using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and Conditions, and you commit to abide by all of the terms hereof. You also represent and warrant that you meet the following eligibility criteria:

  • Services are available only to individuals who are eighteen (18) years of age or older, unless authorized by a parent, or guardian, or in the event of a conservatorship for an individual who is eighteen (18) years or older, also authorized by such conservator.

  • Services are currently available only to individuals who are legally in the United States (including or the territory of Puerto Rico). If you reside outside the United States, do not register to use the Services.

  • You must not be a competitor intending to use the Services for reasons that are in competition with Kyma.

Further, you should only use the Services if you agree to download and use the Site in accordance with these Terms and Conditions; and your doctor or other healthcare professional has recommended you download and use the Site as part of your care.

If you use the Services, you also agree that your name, email address and telephone number and other contact information may be shared between us and the doctor(s) or other healthcare professional(s) responsible for the administration of your patient treatment as otherwise set out in our Privacy Policy.

 2.   Access to the Services

Internet connectivity is required for access to and use of the Services. To access the Services by means of a cellular data connection on a portable device, you will need a data access plan from your wireless carrier. In order to access Services via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your telecommunications provider to learn if any fees apply. You are solely responsible for enabling Internet connectivity and any fees or costs you incur to access The Services through any wireless or other communication service.

To use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You may not select or create a username intended to impersonate another person or entity that is subject to the rights of another person or entity, or that is obscene or vulgar. Your use of Services is subject to these Terms and Conditions and our Privacy Policy (which may be accessed upon request and is hereby incorporated by reference). We reserve the right to refuse or cancel registration of any username in our sole discretion. 

You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account and all data at any time, for any reason, by following the instructions on the Site. Kyma may suspend or terminate your Account in accordance with Section 10 of these Terms. 

3.   Your Responsibilities.  

  1. Account. You are responsible for (i) controlling the dissemination and use of activation codes and passwords; (ii) authorizing, monitoring, and controlling access to and use of your user ID and password; and (iii) promptly informing Kyma of any need to deactivate a password. You agree to immediately notify Kyma of any unauthorized use or suspected unauthorized use of your Account or any other breach of security you become aware of involving the Site by emailing Kyma. You will not share your Account password or the answers to any security questions with any other individual or entity and you will not allow any other individual (including any of your coworkers, colleagues, or business partners or associates) or entity to use your Account. Kyma cannot and will not be liable, and hereby disclaims all liability, for any loss or damage arising from your failure to comply with the above requirements.

  2. Providing Accurate Information. You are responsible for ensuring that all information you provide to Kyma is accurate and up-to-date.

  3. User Content. You have the sole and exclusive responsibility for any content, data, text, software, music clips, sound, video, photographs, graphics, messages, files, or other material that is transmitted, posted or otherwise distributed by you through Services (hereinafter, “User Content”). As such, you assume sole liability for all End User Content posted by you, whether publicly or privately posted and/or transmitted. You are solely responsible for your User Content, and you assume all risks associated with use of your User Content. You warrant that all information you provide about yourself is true and complete information. You agree to promptly notify Kyma of any changes in the information provided about yourself or any other material changes that could impact your use of the Services. You shall be solely responsible for the accuracy and completeness of all information furnished to Kyma and/or to third parties as necessary for the Services contemplated herein. Kyma shall not be responsible for independently verifying the accuracy or completeness of any information that you provide, and Kyma shall be entitled to rely on such information. Kyma is not responsible and holds no liability relative to monitoring the User Content provided through the Services, and does not warrant, guarantee or represent, in any way, the accuracy, quality, and/or integrity of the User Content. Kyma shall not be held liable for any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content transmitted through the Services. 

4.   Kyma’s Role; No Medical Advice.

Kyma is not a healthcare provider and does not provide any type of medical advice or consultation. Kyma is independent from your healthcare provider(s) who may use the Services to render medical advice and care through the Site. Kyma is not responsible for the acts or omissions of healthcare providers who use the Site, or for the content of any communications made by such healthcare providers. 

DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, DIAL “911” IMMEDIATELY.

The Services are not intended for medical emergencies or urgent situations. You should not consult the Services or any content appearing on the Site in the event of a medical emergency or urgent situation.  

5.   Your Representations and Warranties

By registering on the Site, you represent and warrant the following: (i) the information you have provided to Kyma in your registration is accurate and complete; (ii) you will comply with any and all laws applicable to your use of the Site; (iii) you will not interfere with a third party's use and enjoyment of the Site; (iv) you will not interfere with or disrupt Kyma's or its vendors' security measures; (v) if any information you provide to Kyma becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify Kyma; (vi) you acknowledge that any fees paid by you or by any other persons on your behalf are not provided in exchange for any undertaking by Kyma or its representatives that such healthcare services will be made available to you; and (vii) you are accessing the Site for yourself.

6.   Termination

If you violate these Terms and Conditions, your ability to use the Site will be terminated. Kyma may, in its sole discretion, terminate your access to the Site, or any portion thereof, for any reason whatsoever without prior notice. These actions are in addition to any other right or remedy Kyma may have available at law. Further, Kyma shall not be liable to you or any third party for any such termination or discontinuance. You may terminate these Terms and Conditions by ceasing to access and use the Site. Upon any termination of these Terms and Conditions you must immediately cease use of the Site. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination and your warranties and indemnities shall survive any termination of these Terms and Conditions. You may request termination of your Kyma account at any time and for any reason via the Services or by sending an email to support@kyma.app.

7.   Prohibited Uses

You agree not to use the Services in any unlawful, infringing, tortious or harmful manner; in any way that violates another party's intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.

Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

  • Send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

  • Misrepresent your identity or affiliation in any way;

  • Restrict or inhibit any person from using the Site, disclose personal information obtained from the Site or collect information about users of the Site;

  • Reverse engineer, disassemble or decompile any section or technology on the Site, or attempt to do any of the foregoing;

  • Gain unauthorized access to the Site, to other users' accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Site;

  • Launch or use any automated system, including without limitation, "robots," "spiders," or "offline readers," that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

  • Send or otherwise transmit to or through the Site chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;

  • Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;

  • Violate any applicable laws or regulations in any way;

  • Alter or modify any part of the content or services offered on or through the Site;

  • Allow any other person to use the Site with your registration or login information;

  • Breach or otherwise circumvent Kyma's security or authentication measures; and

  • Assist or permit any persons in engaging in any of the activities described above.

8.   Communications

In order to register for a Kyma account, you must provide your name, phone number, date of birth and email address. By providing your phone number and email address, you consent to Kyma using this information to contact you in order to: (1) provide the Services; (2) send you important updates about the Site; (3) notify you when information and documents are added of which you need to be aware; and (4) send general information about the Services. 

9.   Intellectual property rights and content

You acknowledge and agree that the information and materials presented on or through the Site will remain the property of Kyma and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by or for Kyma (including editorial content, photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content, and other elements comprising this compilation and produced by or for Kyma are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by or for Kyma.

No title or ownership of the Site or any portion thereof is transferred to you hereunder. Kyma reserves all rights not expressly granted hereunder. You agree not to change or delete any copyright or proprietary notice related to materials downloaded from the Site.

You may provide input, comments or suggestions regarding the Site or the Services ("Feedback"). You acknowledge and agree that Kyma may use any Feedback without any obligation to you and you hereby grant Kyma a worldwide, perpetual, irrevocable, royalty-free, transferable license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as Kyma may deem appropriate, without restriction, for any and all commercial and/or non-commercial purposes, in its sole discretion.

If you believe that material or content residing on or accessible through the Site infringes a copyright, please send a notice requesting that the material be removed, or access to it be blocked. Such notice may be sent to support@kyma.app. Notice and counter-notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act of 1998. For more information, please visit www.copyright.gov. 

10. External links

The Site may contain links to third-party websites. Linked sites are not under the control of Kyma, and Kyma is not responsible for the content of any linked site.  Links are provided as a convenience only, and a link does not imply that Kyma endorses, sponsors, or is affiliated with the linked site.  Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites; these Terms and Conditions do not apply to other websites. Kyma disclaims any and all liability for any information, including but without limitation, any medical and health treatment information set forth on linked sites. We encourage you to review the third party websites’ terms of use and learn about the privacy practices of each website before providing them with personal information. Where possible, we will warn you when you are leaving our Site and connecting to a site operated by a third party.  

11. Third Party Tools and Software

We may incorporate third party tools and software as part of certain of the Services. We do not operate, control, or supply any information, product, or service that is not clearly identified as being supplied by Kyma.  Your use of such third party tools and software is subject to any and all applicable additional terms and conditions governing such use provided by the third party provider. Where applicable, additional notices relating to the third party tools and software may be provided by us, which for example may contain attribution and disclaimer notices applicable to the third party tools and/or software.

12. No endorsements

Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Kyma. Any views expressed by third parties on the Site are solely the views of such third party and Kyma assumes no responsibility for the accuracy or veracity of any statement made by such third party.

13. Availability

Kyma shall use reasonable commercial efforts to maintain the availability of the Services through the Site, but does not guarantee any specific level of availability of the Services. Kyma will not be liable for any temporary interruptions of the Services. You acknowledge that Kyma may, in its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice. 

14. Indemnification and limitation of liability

You agree to defend, indemnify and hold Kyma, its officers, directors, employees, shareholders, affiliates, third-party contractors, agents, licensors and suppliers (each a “Kyma Party” and collectively “Kyma Parties”), harmless from and against any claims, actions or demands, losses, liabilities, damages, costs, expenses and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from, directly or indirectly, your: (a) violation of these Terms and Conditions or Privacy Policy; (b) access to or use of the Site; and (c) provision of other disclosure to Kyma of any other information or data and the use of same by Kyma or other Kyma Party as contemplated hereunder, or resulting from medical advice provided by your health care provider through the Site.

IN NO EVENT SHALL KYMA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE OR THE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

Kyma shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Kyma's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms of these Terms and Conditions that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms and Conditions. You agree that the limitations of liabilities set out in these Terms and Conditions are fair and reasonable in the circumstances.

15. Disclaimers

The Site is provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Kyma disclaims all representations, warranties, and conditions, express or implied, including, but not limited to, implied condition or warranties of merchantability and fitness for a particular purpose. Kyma does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected or that the Site or the server that makes it available are free of viruses or other harmful components.

Kyma makes no guarantees, and disclaims any implied warranty or representation about its accuracy, relevance, timeliness, completeness, or appropriateness of any content posted on the Site for a particular purpose.  Kyma assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Kyma content information at any time without prior notice.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICES AND/OR THE SITE, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF.

16. Children

The Site is not intended for minors, including children under the age of 13. If you are a minor, including under 13 years of age, please do not use or access the Site at any time or in any manner unless you have consent to do so from a parent or guardian. By using the Site, you affirm that you are over the age of 18 or are doing so under the consent of a parent or guardian. Kyma does not seek through the Site to gather personal information from or about minors, including persons under the age of 13 without the consent of a parent or guardian.

17. Choice of Law and Jurisdiction

These Terms and Conditions are governed by the laws of Massachusetts. The parties irrevocably submit to the exclusive jurisdiction of the courts of Massachusetts in respect of all matters and disputes arising hereunder and waive any defense of lack of personal jurisdiction in that jurisdiction. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

18. Personal information and privacy policy

In these Terms and Conditions, "personal information" means any information about an identifiable individual, such as your name, email address, mailing address, gender, date of birth, any personal or protected health information, or, any data about you that you elect to provide electronically through the Site and any other information that identifies who you are. Personal Information will be used by Kyma solely in accordance with these Terms and Conditions and Kyma's Privacy Policy (or as otherwise agreed upon between you and Kyma in writing).

You agree that Kyma has the right to monitor and review your use of the Site from time to time, and to use "cookies," "log files," and your "browsing data" in accordance with the Cookie Policy, which is included in Kyma’s Privacy Policy.

19. Waiver

No delay or omission by Kyma to exercise any right or power it has under these Terms and Conditions or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Kyma must be in writing and signed by an authorized representative of Kyma.

20. Entire agreement

These Terms and Conditions constitute the entire agreement between you and Kyma as it relates to the access to, and use of, the Site and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between Kyma and you.

21. Electronic documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

22. Assignment

These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with Kyma's prior written consent. Kyma may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

23. Language

English shall be the language of these Terms and Conditions and the parties waive any right to use and rely upon any other language or translations. 

24. Contact / Notices

If you have any questions about the Terms and Conditions, or need to provide notice to, or communicate with, Kyma under the Terms and Conditions, please contact Kyma using the following

Email: support@kyma.app

Mail: 269 Vassar Street Unit 712 Cambridge MA 02139

Phone: 916-580-9167

Kyma may provide notices or communications to you on the Site and you agree that such notices shall constitute notice to you whether or not you actually access the notice.