Legal
Review our policies and legal documents below.
Privacy Notice
Komba, LLC (together with its related entities and subsidiaries, "Komba", "we", "our" or "us") is a martial arts gym that provides training to clients of all abilities and experience levels and gives its clients access to content and services through various digital methods, including mobile applications, websites, interfaces and other connected devices and social media controlled by us (collectively, "Services"). Komba is committed to protecting our visitors' and members' privacy. This Privacy Notice ("Notice") describes the types of information Komba may collect and how we may use that information to better serve visitors and members while using our mobile application (the "Application"), our Website (the "Website") and the services offered by Komba (collectively, "Services").
1. Application of This Notice
This Notice applies to our collection, use, and processing of your personal information. We collect, use and process your personal information when you use our Services. This includes when you use our Website or Application or communicate with us in any format, and when you interact with our advertising and applications on social media and other third-party sites and applications.
This Notice does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or Application.
This Notice may change from time to time. Your continued use of the Services after we make changes to this Notice is deemed to be acceptance of those changes.
2. Children under the Age of 13
The Application and the Website are not intended for children under 13 years of age. However, due to the nature of our Services, Komba may collect and maintain information about children under the age of 13 when necessary to provide the Services requested by you, upon receipt of parental or guardian consent to process such information. We use the information collected about children known to be under age 13 only to provide Services, not for any marketing or promotional purposes.
3. Information We Collect
We collect information about you in a variety of ways depending on how you interact with us and the Services, including: (a) directly from you when you provide it to us, (b) automatically as you navigate through the Application or the Website, and (c) from third parties.
Information collected automatically may include device type, geolocation, usage details, IP addresses and information collected through cookies and other tracking technologies.
Types of information collected: Account information (name, email, phone number, password), payment details, fitness and health information, usage information, correspondence, identification information, and information you provide about others (such as children who wish to utilize Services).
4. How We Use Your Information
We use the information we collect to provide you with products and Services, including to: manage your account, process payments, communicate about bookings, investigate complaints, send marketing information (with consent), and comply with applicable law.
5. How We Share Your Information
We may share your information with: (a) our subsidiaries and affiliates, (b) professional service providers (legal, accounting, etc.), (c) IT and data service providers, (d) event partners, and (e) social media and advertising companies. We may also disclose information to comply with court orders, laws, or to protect the rights and safety of Komba and its customers.
6. Transfer of Your Information
In certain circumstances, we may transfer your personal information outside the country or territory where the information is collected for the purposes described in this Notice.
7. Data Retention
We will only retain your information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of providing Services to you, and for satisfying any legal, regulatory, tax, accounting or reporting requirements.
8. Your Choices and Rights
Where we rely on your consent to enable us to process your information, you can withdraw it at any time by contacting us. You may opt-out of marketing communications, disable location tracking and push notifications through your device settings.
9. Exercising Your Rights
To exercise any of your rights, please notify Komba by email at support@komba.com.
10. Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. You are responsible for keeping your password confidential.
11. Changes to This Notice
We may update this Notice to reflect changes to our information practices. We encourage you to periodically review this page for the latest information.
12. Contact
If you have any questions about this Notice, please contact us at support@komba.com.
13. California Residents
If you are a California resident, you have additional rights under California law. You may request information regarding our disclosure of your information to third parties for direct marketing purposes. To opt-out of the sale of your personal information or targeted advertising, please contact us at support@komba.com. We do not currently recognize the "Do Not Track" signal. We do not knowingly sell the information of minors less than 16 years of age without affirmative authorization.
Terms & Conditions
Komba, LLC (together with its related entities and subsidiaries, "Komba", "we", "our" or "us") is a martial arts gym that provides training to clients of all abilities and experience levels and gives its clients access to content and services through various digital methods, including mobile applications, websites, interfaces and other connected devices and social media controlled by us (collectively, "Services").
PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER. YOU AND KOMBA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING.
1. How This Agreement Works
By accepting these terms, visiting, accessing, downloading, installing or using any part of the Services, registering for an account or membership with Komba, or clicking "continue," "login," "accept" or other similar button, you expressly accept and consent to the terms and conditions of this Agreement.
Eligibility: You may only register to use the Services if you are at least eighteen (18) years of age. If you are under eighteen, your parent or legal guardian must add you to their Komba Membership and agree to this Agreement on your behalf.
Updates: Komba may update or modify this Agreement at any time without notice. By continuing to use the Services after updates, you agree to be bound by the updated Terms.
2. Assumption of Risk, Waiver of Liability, and Indemnification
Komba offers training in several types of martial arts activities, including Jiu-Jitsu, kickboxing, mixed martial arts (MMA), and other fitness exercises. Each Member acknowledges that these activities involve inherent risk of injury, including but not limited to: contact-related risks (sparring, falls, joint locks), joint and muscular risks, collision-related risks, equipment risks, infectious disease risks, and participant-related risks.
YOU UNDERSTAND THAT THE RISKS OF INJURIES OR DAMAGES MAY BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF KOMBA, YOU, MINOR MEMBER(S), OTHER MEMBER(S), AND/OR OTHER PERSONS. YOU FULLY UNDERSTAND AND EXPRESSLY ASSUME AND ACCEPT THESE RISKS AND CHOOSE TO VOLUNTARILY ACCESS AND USE THE SERVICES AT YOUR OWN RISK.
WAIVER OF LIABILITY: You hereby voluntarily and forever release and discharge Komba and its affiliates from any and all claims related to the use or provision of the Services.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless Komba from and against any and all claims caused by your or a Minor Member's violation of this Agreement, access to the Services, or any other actions described in the full agreement.
3. Disclaimer of Warranties and Limitation of Liability
THE SERVICES ARE PROVIDED ON AN "AS IS, WHERE IS, AND AS AVAILABLE" BASIS. Komba is providing the Services without warranty of any kind, either express or implied. In no event will Komba be liable for any indirect, consequential, exemplary, incidental, special or punitive damages. Maximum aggregate liability is limited to the amount you paid in the twelve (12) months prior to the event giving rise to the claim.
4. Komba Memberships
Free Access Membership: Gives you access to open mat sessions only, up to once per week. Does not include access to any other Services.
All Access Membership: Includes unlimited access to all Services.
Dues and Fees: You agree to pay the monthly dues specified when you purchased your Komba Membership (plus applicable taxes). Dues and fees are non-refundable and subject to change. Your membership is month-to-month and continues until terminated.
Termination: You may terminate your Komba Membership at any time by logging in to your Account and terminating prior to the next billing cycle. Komba also reserves the right to suspend or terminate your account at its discretion.
Free Trials: Promotions involving free trials are limited to one per household. If your promotional offer provides for a free trial in connection with a paid membership, billing will begin upon expiration of the trial period. You must cancel before the trial expires to avoid charges.
5. Use of Services
Subject to compliance with these Terms, Komba grants you a limited, non-exclusive, non-transferable, revocable license for personal, non-commercial use of the Services. You may not resell, sublicense, or use the Services for commercial purposes.
6. User Content
You retain responsibility for your content. By posting content through the Services, you grant Komba a worldwide, irrevocable, perpetual, non-exclusive right and license to use, reproduce, display, and distribute that content.
7. User Conduct
You are solely responsible for your conduct and the conduct of any Minor Members. You will not post content that is unlawful, threatening, harassing, defamatory, or otherwise objectionable. Komba reserves the right to block, restrict, or terminate access to the Services for violations.
8. Health and Safety
You represent that you are healthy enough to engage safely in the use and access of the Services. Komba does not provide medical advice. You agree to remove yourself from the Services if you observe any unsafe condition or are incapable of engaging safely. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
9. Arbitration Agreement with Class Action Waiver
MANDATORY BINDING INDIVIDUAL ARBITRATION: Any dispute between you and Komba shall be exclusively resolved by binding arbitration on an individual basis, rather than in court. We each agree that we will assert disputes in arbitration only in our individual capacity, and not as a representative of any purported class. We waive our constitutional and statutory rights to go to court and have a trial before a judge or a jury.
Exceptions: Either party may bring individual claims in small claims court, or seek temporary injunctive relief in court pending arbitration.
Arbitration Provider: American Arbitration Association (AAA), under the AAA Consumer Arbitration Rules.
10. Additional Terms
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, Broward County.
Entire Agreement: These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference, are the entire and exclusive agreement between you and Komba regarding the Services.
Severability: To the extent that any part of this Agreement is determined to be invalid, illegal, void or unenforceable, that part will be modified by the court solely to the extent necessary, and the remainder will remain fully binding.
For questions, contact us at support@komba.com.