Terms of Service

Last updated: August 10, 2026

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding agreement between you and Kessa, governing your access to and use of the Kessa website and web application and related services (the "Service"). Kessa is a fictitious business name registered in Placer County, California by Nectar Gummies LLC, a California limited liability company (file number B20250319336), referred to here as "Kessa", "we", "us" or "our". By creating an account, subscribing, or using the Service, you agree to these Terms and to our Privacy Policy and Refund & Cancellation Policy, incorporated by reference. If you do not agree, do not use the Service.

2. Who may use the Service

You must be at least 18 years old and able to form a binding contract. The Service is intended for use in the United States. You are responsible for compliance with any laws that apply to you.

3. Medical disclaimer — please read

Kessa is not a healthcare provider and the Service is not medical advice. The Service provides general nutrition and wellness information and tools, including estimated protein targets and habit-tracking features. Nothing in the Service is medical advice, diagnosis, or treatment, and nothing should be relied on for any medical purpose.

  • Kessa does not advise you on whether to start, continue, change, or stop any medication, and provides no information about medication dose, titration, or tapering.
  • Protein targets, logs, and other outputs are general information only and are not personalized medical advice or a substitute for the advice of your physician or another qualified healthcare provider.
  • Always consult your healthcare provider before making changes to your diet, exercise, supplements, medication, or health regimen. Never disregard or delay professional medical advice because of something you accessed through the Service.
  • The Service is not appropriate for everyone. Based on the information you provide, Kessa may decline to display a protein target or certain other outputs.
  • If you think you may have a medical emergency, call your doctor or emergency services immediately.
  • Kessa does not guarantee any particular health, nutrition, weight, body-composition, or medical outcome.

4. Your account

You create an account using your email address. You are responsible for keeping access to your email and account secure and for all activity under your account. Notify us at hello@kessahealth.com if you believe your account has been accessed without authorization.

5. Subscription, billing, and automatic renewal

  • 5.1 Plans. Kessa is offered on two plans: an annual plan billed at $149 per year (the "Founding" rate), and a monthly plan billed at $19.99 per month. The plan and price you select are shown to you before you complete your purchase, and the price shown at checkout is the price you pay.
  • 5.2 Automatic renewal. The monthly plan begins with a seven-day free trial. We collect your payment method when you sign up and do not charge it during those seven days. At the end of the seventh day, unless you have cancelled, the monthly plan begins and we charge $19.99 to that payment method, and then $19.99 every month until you cancel. Cancelling at any point during the seven days means you are not charged at all. The free trial is available once per person. The annual plan does not include a free trial. Both plans renew automatically. The annual plan renews once every year at $149 per year. The monthly plan renews every month at $19.99 per month. Renewal continues until you cancel. By subscribing you authorize us, through our payment processor Stripe, to charge your payment method the applicable fee at the start of each billing period, on each renewal date, unless you cancel before that date.
  • 5.3 Founding rate. If you subscribe to the annual plan at the Founding rate, that rate is locked for your subscription and renews each year at $149 for as long as your subscription remains continuously active, even if Kessa's price for new members changes later. The monthly plan is not a Founding rate and is not locked.
  • 5.4 How to cancel. You can cancel at any time from your account settings. Cancellation stops future renewals and takes effect at the end of the billing period you have already paid for. You do not need to call us, write to us, or complete a form.
  • 5.5 Notices. We send subscription confirmation and payment receipts to the email address on your account, at the time of purchase and on each renewal charge, through Stripe. These set out the amount charged and the plan you are on. The terms of your plan, the renewal price and interval, and how to cancel are set out in this section and in your account settings. When you start a free trial we also send you, at that time, a separate message setting out the trial end date, the amount and date of the first charge, how to cancel, and a direct cancellation link, in a form you can keep. We then send you a further reminder at least five days before that first charge, giving the same information again.
  • 5.6 Price changes. We may change prices for new subscriptions or for non-Founding plans with advance notice to you. A price change does not affect a locked Founding rate.
  • 5.7 Refunds. See the Refund & Cancellation Policy for what happens to access and refunds after cancellation, including what happens if you cancel during the free trial.

6. Acceptable use

You agree not to: (a) use the Service for any unlawful purpose; (b) resell or commercially exploit the Service; (c) reverse engineer, scrape, or access non-public areas except as permitted by law; (d) upload malware or interfere with the Service; or (e) provide false information where accuracy matters (for example, health inputs used to generate outputs).

7. Your content

The information you enter (such as your logs and quiz answers) is yours. You grant Kessa a limited license to use that information to operate and improve the Service, as described in the Privacy Policy. You are responsible for the accuracy of the information you provide.

8. Intellectual property

The Service, including its software, content, design, and the "Kessa" name and marks, is owned by Kessa or its licensors and protected by law. We grant you a personal, non-transferable, non-exclusive, revocable license to use the Service for your own personal use while your subscription is active.

9. Third-party services

The Service relies on third-party providers (for example, payment and hosting). Your use of those providers may be subject to their own terms. We are not responsible for third-party services.

10. Disclaimers of warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that any output will meet your needs.

11. Limitation of liability

To the fullest extent permitted by law, Kessa and Nectar Gummies LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising out of or relating to the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid to Kessa in the 12 months before the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold Kessa and Nectar Gummies LLC harmless from claims arising out of your misuse of the Service or violation of these Terms, to the extent permitted by law.

13. Changes to the Service or these Terms

We may modify the Service or these Terms. If we make material changes to these Terms, we will notify you (for example, by email or in-app) before they take effect. Continued use after changes take effect means you accept the updated Terms.

14. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Provisions that by their nature should survive termination (for example, disclaimers, limitation of liability, and dispute resolution) will survive.

15. Governing law and dispute resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING A WAIVER OF CLASS ACTIONS AND JURY TRIAL, AND REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES.

  • (a) Informal resolution first. Before starting arbitration, you and Kessa agree to try to resolve any dispute informally by contacting hello@kessahealth.com. If it is not resolved within 30 days, either party may start arbitration.
  • (b) Binding individual arbitration. Except as stated below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this section.
  • (c) Class-action and jury-trial waiver. You and Kessa agree each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any class, collective, consolidated, or representative action. You and Kessa waive any right to a jury trial.
  • (d) Exceptions. Either party may (i) bring an individual claim in small-claims court, and (ii) seek injunctive or equitable relief in court to protect intellectual property or confidential information.
  • (e) 30-day opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing hello@kessahealth.com with your name and a statement that you opt out. If you opt out, disputes will be resolved in the state or federal courts located in Placer County, California.
  • (f) Venue for non-arbitrable matters. For any dispute not subject to arbitration, the exclusive venue is the state or federal courts located in Placer County, California, and you consent to their jurisdiction.
  • (g) Public injunctive relief is not waived. Nothing in these Terms waives, limits, or requires arbitration of your right to seek public injunctive relief — that is, relief that primarily benefits the general public rather than you individually. Paragraphs (b) and (c) do not apply to a claim for public injunctive relief. If such a claim is brought, it is severed from any claims that remain in arbitration, and it proceeds in the courts named in paragraph (f).
  • (h) Severability. If any part of this section is held invalid or unenforceable, that part is severed and the rest of the section stays in force, with one exception: if the class-action waiver in paragraph (c) is held invalid or unenforceable as to a particular claim or request for relief, then that claim or request — and only that one — is severed from arbitration and proceeds in the courts named in paragraph (f). The remainder of the dispute stays in individual arbitration. If any other provision of these Terms is held invalid or unenforceable, it is modified to the minimum extent necessary or severed, and the remaining provisions stay in full force.

16. Contact

Questions about these Terms: hello@kessahealth.com · Nectar Gummies LLC, 2305 Spanish Trail, Rocklin, CA 95765.