Terms of Service

Last updated: [EFFECTIVE_DATE]

These Terms of Service ("Terms") are a binding agreement between you and [OPERATOR_NAME], an individual sole trader operating as "Kinetic", of [OPERATOR_ADDRESS] ("Kinetic", "we", "us"). They govern your use of the Kinetic iPhone app and the website kineticai.me (together, the "Service"), and they incorporate our Privacy Policy.

These Terms are also the End User Licence Agreement for the Kinetic app. By creating an account or using the Service you agree to them. If you don't agree, don't use the Service.

1. Eligibility

You must be at least 16 years old to use the Service. You may not use it if we have previously terminated your account, or if you are barred from doing so under any applicable law.

2. Your licence

We grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the Kinetic app on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms of Use. You may not copy, modify, distribute, sell, lease, reverse engineer or attempt to derive the source code of the app, except where that restriction is prohibited by law.

3. Pre-release software

Kinetic is currently a pre-release product distributed for testing. It may contain errors, may change substantially, and features may be added, changed or removed without notice. Data loss is possible during the pre-release period. Keep your own copies of anything you cannot afford to lose. Feedback you send us may be used to improve Kinetic without obligation or payment to you.

4. Your account

• You are responsible for the accuracy of the information you give us and for keeping your login credentials secure.
• You are responsible for everything that happens under your account.
• One account per person. Don't share or transfer your credentials.
• Tell us at [email protected] if you suspect unauthorised use of your account.

5. Not medical advice

Kinetic is a fitness tracking tool, not a medical service. Nothing in the Service — including workout suggestions, analytics, calorie or protein targets, and anything the AI Coach says — is medical advice, diagnosis or treatment. Kinetic is not a medical device and has not been evaluated by any medical regulator.

Consult a qualified professional before starting a training program, particularly if you are pregnant, have a heart condition, an injury, an eating disorder, any other medical condition, or are taking medication. Physical exercise carries inherent risk. You train at your own risk and are responsible for staying within your own limits.

Stop exercising and seek medical attention if you experience pain, dizziness, chest discomfort or shortness of breath.

Calorie and protein figures shown or proposed in Kinetic are estimates produced by standard formulas and by an AI model. They are not dietary advice and are not suitable for anyone with a medical condition affecting nutrition.

6. The AI Coach

The AI Coach generates its responses automatically using a large language model. Responses may be inaccurate, incomplete or confidently wrong.

It does more than answer questions. It can generate training programs, propose edits to your existing program — changing exercises, sets, reps, loads and the structure of your week — and propose calorie and protein targets. Every such change takes effect only when you accept it, and you can undo or change it afterwards.

The AI Coach has no understanding of your medical history beyond what you tell it, cannot see you train, and holds no professional qualification. It may misjudge an appropriate load, misunderstand an injury you describe, or produce a program that is not suitable for you. You remain solely responsible for every training and nutrition decision you act on, whether or not the AI Coach suggested it. Review anything it proposes and reject whatever doesn't feel right for your body. Do not rely on it for medical, nutritional, rehabilitation or safety decisions.

AI Coach features are capped — currently 3 generated programs per calendar month and a daily message limit shown in the app. We may change, suspend or withdraw these features at any time.

7. Your content

You keep ownership of what you submit — workout logs, posts, comments and photos. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt (for formatting and thumbnails) and display that content solely to operate the Service and to show it to the people you choose to share it with.

That licence ends when you delete the content or your account, except for copies held in backups pending deletion and content others have already received. You confirm you own or have the rights to everything you post and that it doesn't infringe anyone else's rights.

We do not sell your content and we do not use it for advertising. We do not use your content to train our own AI models; for how the AI Coach's third-party provider handles conversations, see the Privacy Policy.

8. Acceptable use and objectionable content

Kinetic has zero tolerance for objectionable content and abusive users. You must not post, send or share content that is:

• unlawful, or that promotes unlawful activity;
• sexually explicit, pornographic, or containing nude or sexualised imagery of any person;
• violent, graphic or gory;
• harassing, bullying, threatening or intimidating;
• hateful or discriminatory on the basis of race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, disability or age;
• promoting self-harm, suicide, or disordered eating;
• promoting illegal drugs or unlawful performance-enhancing substances;
• spam, scams or commercial solicitation;
• impersonating another person; or
• infringing anyone's intellectual property or privacy.

This applies to feed posts, photos, comments, usernames, display names, profile pictures and messages to the AI Coach. You also must not attempt to access other users' accounts or data, probe, disrupt, reverse engineer or overload the Service, or access it by automated means without our permission.

Reporting

To report a post or a user, email [email protected] with enough detail for us to find it — a username, a screenshot, and roughly when you saw it. We review every report within 24 hours and remove content that breaks these rules, and remove or suspend the accounts of users who post it.

Moderation

We may review, remove or restrict any content, and suspend or terminate any account, where we believe these rules have been broken. We are not obliged to monitor content proactively.

9. Fees

Kinetic is currently free. There are no subscriptions, no in-app purchases and no fees.

We may introduce paid features in future. If we do, the price, the billing period and what's included will be shown before you buy, and we won't start charging for something you already have without notice and your agreement. Any purchase made in the app would be processed by Apple through your Apple Account under the Apple Media Services Terms of Use — we never receive or store your card details. Subscriptions would renew automatically until cancelled in Settings on your device, and refunds for App Store purchases are handled by Apple at reportaproblem.apple.com. Nothing here limits any statutory refund or cancellation right you have as a consumer.

10. Intellectual property and copyright complaints

Kinetic, its name, logo, software and exercise database are owned by [OPERATOR_NAME] and protected by intellectual property laws. Nothing in these Terms transfers any of that to you.

If you believe content on Kinetic infringes your copyright, send a notice to [email protected] with the subject line "Copyright Notice", including: your signature (physical or electronic); identification of the work you say is infringed; identification of the material complained of and enough detail for us to locate it; your contact details; a statement that you believe in good faith that the use is not authorised; and a statement, under penalty of perjury, that your information is accurate and that you are the owner or authorised to act for them.

If your content was removed and you believe that was a mistake, you can send a counter-notice to the same address. We terminate the accounts of repeat infringers. Notices should be addressed to [OPERATOR_NAME], [OPERATOR_ADDRESS].

11. Termination

By you. Stop using Kinetic and delete your account at any time from Profile → Settings → Delete Account, or by emailing us.

By us. We may suspend or terminate your account, with or without notice, if you break these Terms, if we reasonably believe your conduct harms other users or the Service, or where the law requires it. Where it's practical and lawful to do so, we'll tell you why and give you a chance to respond.

What happens then. Your licence and access end, and your content stops being visible to other users. Your personal data is deleted as described in the Privacy Policy. Being terminated for breaking these Terms does not remove your right to a copy of your data — email us and we'll provide it. Content others have already downloaded or screenshotted is outside our control.

If we discontinue Kinetic or any significant part of it, we'll give at least 30 days' notice by email and a way to export your data before it is deleted.

12. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, express or implied. We do not guarantee that it will be uninterrupted or error-free, or that data will never be lost — keep your own records of anything critical.

We are not responsible for injuries arising from your own training decisions or from exercises you choose to perform. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded. If you are a consumer, you have legal rights that these Terms do not affect.

13. Limitation of liability

To the maximum extent permitted by law, and subject to section 12, Kinetic will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, data or goodwill, arising from your use of the Service.

Our total liability for any claim relating to the Service is limited to the greater of (a) the total amount you paid us in the 12 months before the claim, or (b) [LIABILITY_FLOOR].

14. Indemnity

You agree to indemnify and hold harmless [OPERATOR_NAME] from any claim, loss, liability, damages and reasonable legal costs arising out of content you post, your breach of these Terms or of any law, your infringement of anyone's rights, or your use of the Service. This does not apply to the extent the claim arises from our own breach or negligence, and if you are a consumer it applies only so far as the consumer law of your country allows.

15. Apple-specific terms (End User Licence Agreement)

This section applies to the Kinetic app obtained through the App Store, in addition to the rest of these Terms, and prevails over them in the event of a conflict.

(a) This agreement is with us, not Apple

These Terms are concluded between you and [OPERATOR_NAME] only, and not with Apple. [OPERATOR_NAME], not Apple, is solely responsible for the Kinetic app and its content.

(b) Scope of licence

Your licence to use the app is non-transferable and limited to use on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms of Use, except that the app may be accessed by other accounts associated with you via Family Sharing or volume purchasing.

(c) Maintenance and support

[OPERATOR_NAME] is solely responsible for providing maintenance and support for the app. Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the app.

(d) Warranty

[OPERATOR_NAME] is solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app; to the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are the sole responsibility of [OPERATOR_NAME].

(e) Product claims

Apple is not responsible for addressing any claims by you or any third party relating to the app or your possession and use of it, including product liability claims, any claim that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation, including in connection with the app's use of HealthKit or HomeKit. These are the sole responsibility of [OPERATOR_NAME].

(f) Intellectual property claims

In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, [OPERATOR_NAME], not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.

(g) Legal compliance and export

You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree to comply with all applicable third-party terms when using the app.

(h) Apple as third-party beneficiary

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

(i) Contact

Questions, complaints or claims about the app should be sent to [email protected]. Apple has no obligation to address them.

16. Governing law and disputes

These Terms are governed by [GOVERNING_LAW], without regard to conflict-of-law rules. You and we agree to the exclusive jurisdiction of [COURTS].

If you are a consumer resident in the UK, the EEA or another jurisdiction with mandatory consumer protection laws, nothing in these Terms deprives you of the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your country of residence.

Before bringing a claim, please contact us at [email protected]. Almost everything is resolved informally; we ask for 30 days to try.

17. General

• Severability. If any provision is unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force.
• Entire agreement. These Terms and the Privacy Policy are the whole agreement between us and supersede earlier discussions. Nothing here limits liability for fraudulent misrepresentation.
• Assignment. You may not assign these Terms. We may assign them to a successor in connection with a sale or reorganisation of the business, on notice to you.
• No waiver. If we don't enforce a right, that isn't a waiver of it.
• Force majeure. We are not liable for failures caused by events beyond our reasonable control, including provider outages, network failures, natural disasters, war or government action. This does not extend time for refunds or affect your statutory rights.
• Notices. We contact you at the email address on your account — keep it current. You contact us at [email protected] and, where legally required, at [OPERATOR_ADDRESS].
• Survival. Sections 7 (as to copies already shared), 10, 12, 13, 14, 15, 16 and this section survive termination.

18. Changes to these Terms

We may update these Terms as the Service evolves. We'll post the updated version here and update the date at the top, and communicate material changes in the app or by email. Continuing to use the Service after changes take effect means you accept them.

19. Contact

Questions about these Terms: [email protected], or by post to [OPERATOR_NAME], [OPERATOR_ADDRESS].