Terms of Service

These Terms of Service ("Terms") govern your access to and use of Kinetic mobile applications, websites, and related services (the "Services"). By creating an account, downloading or using the Services, or clicking to accept, you agree to these Terms. If you do not agree, do not use the Services.

Eligibility and accounts

You must be at least the age of majority in your jurisdiction or 13 years old, whichever is higher, to use the Services (or the minimum age required by your local law). You are responsible for providing accurate registration information and for maintaining the confidentiality of your credentials. You are responsible for activity under your account. Notify us promptly of unauthorized use.

The Services

Kinetic provides tools for fitness planning, workout logging, nutrition and hydration tracking, progress analytics, optional community features, and optional coaching or AI-assisted features where available. Features may vary by platform, region, and subscription. We may modify, suspend, or discontinue parts of the Services with reasonable notice where practicable.

Fees and subscriptions

Some features may require a paid subscription or in-app purchase. Pricing and renewal terms are presented at purchase through Apple App Store, Google Play, or other authorized channels. Subscriptions are subject to the applicable store's terms. Unless stated otherwise, fees are non-refundable except as required by law or store policy.

Acceptable use

You agree not to:

• Violate law or infringe others' rights.
• Harass, abuse, defraud, or harm other users.
• Upload malware, probe or stress systems without authorization, or interfere with the Services.
• Scrape, data-mine, or use automated means to access the Services except as allowed by documented APIs or with our written consent.
• Reverse engineer, decompile, or attempt to extract source code except where permitted by law.
• Misrepresent identity or affiliation or misuse another user's account.

We may investigate violations and cooperate with law enforcement. We may suspend or terminate access for breach of these Terms.

Health and fitness disclaimer

Kinetic is not a medical device and does not provide medical advice, diagnosis, or treatment. Content and coaching outputs are for informational and fitness purposes only. Always consult a qualified healthcare professional before starting or changing an exercise or nutrition program, especially if you have a medical condition. You assume risks associated with physical activity. Stop exercising if you experience pain, dizziness, or other symptoms and seek medical attention when appropriate.

Your content

You retain ownership of content you submit (for example workout notes, photos, posts). You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting or display), distribute, and display your content as reasonably necessary to operate and improve the Services and as described in our Privacy Policy. You represent that you have the rights to grant this license and that your content does not violate law or third-party rights.

Our intellectual property

The Services, including software, design, trademarks, and documentation, are owned by us or our licensors. Except for the limited right to use the Services under these Terms, no rights are granted. Do not remove proprietary notices or misuse our branding.

Third-party services

The Services may integrate third-party services (for example health platforms or map providers). Your use of those services is subject to their terms and privacy policies. We are not responsible for third-party services.

Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT DEFECTS WILL BE CORRECTED.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (USD $100), EXCEPT WHERE PROHIBITED BY LAW.

Indemnity

You will defend, indemnify, and hold harmless Kinetic and its affiliates from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your content, or your violation of these Terms or law, except to the extent caused by our willful misconduct.

Termination

You may stop using the Services at any time. We may suspend or terminate your access for breach of these Terms, risk to security, or legal reasons. Provisions that by their nature should survive (including disclaimers, limitations of liability, indemnity, and governing law) will survive termination.

Governing law and disputes

These Terms are governed by the laws of the jurisdiction identified in your agreement or app store listing, excluding conflict-of-law rules. Unless mandatory law requires otherwise, courts in that jurisdiction have exclusive venue. If you are a consumer in the EEA or UK, you may benefit from mandatory protections of your country of residence. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Changes to these Terms

We may modify these Terms; we will post the updated Terms with a new “Last updated” date and provide notice where required (for example in-app or by email). Continued use after the effective date constitutes acceptance of the revised Terms unless applicable law requires otherwise.

Miscellaneous

These Terms constitute the entire agreement between you and us regarding the Services and supersede prior agreements on that subject. If a provision is invalid, the remainder remains in effect. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. Notices may be given electronically or as described in the Services.

Contact

Questions about these Terms: Email: julien.wut@gmail.com

Have qualified legal counsel review these Terms and your Privacy Policy before launch, paid subscriptions, or processing health-related data in regulated jurisdictions.