Terms of Service

1. Acceptance of Terms

Welcome to Kinetic AI. By accessing or using our website, mobile application, or services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and Kinetic AI. We reserve the right to update these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

Kinetic AI provides AI-powered fitness coaching services, including but not limited to:

• Personalized workout plan generation
• Nutrition planning and meal recommendations
• Progress tracking and analytics
• AI coach chat for fitness guidance
• Kids Zone with age-appropriate fitness activities
• Exercise video demonstrations and instructions

Our Service is designed to assist with fitness goals but is not a substitute for professional medical advice, diagnosis, or treatment.

3. User Accounts

3.1 Account Creation

To use our Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Requirements

• You must be at least 18 years old to create an account
• You must provide accurate, current, and complete information
• You must maintain and update your information to keep it accurate
• You are responsible for all activity under your account
• You must notify us immediately of any unauthorized access

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our sole discretion. You may also delete your account at any time through your account settings.

4. Subscription and Payment

4.1 Subscription Plans

We offer the following subscription plans:

• Starter Plan: $9.99/month
• Pro Plan: $24.99/month
• Kids Zone: $9.99/month

4.2 Free Trial

New users receive a 3-day free trial. You will not be charged during the trial period. If you do not cancel before the trial ends, you will be automatically charged for your selected subscription plan.

4.3 Billing

• Subscriptions are billed monthly in advance
• Payments are processed through Stripe, our secure payment processor
• You authorize us to charge your payment method on a recurring basis
• Prices are subject to change with 30 days notice
• All fees are non-refundable except as stated in our Refund Policy

4.4 Cancellation

You may cancel your subscription at any time. Upon cancellation, you will retain access until the end of your current billing period. No refunds will be issued for partial months.

5. User Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Share your account credentials with others
• Attempt to gain unauthorized access to our systems or other users' accounts
• Upload or transmit viruses, malware, or other malicious code
• Harass, abuse, or harm other users
• Scrape, copy, or reverse engineer any part of the Service
• Use automated systems or bots to access the Service
• Impersonate any person or entity
• Interfere with or disrupt the Service or servers

6. Medical Disclaimer

IMPORTANT: Please read this section carefully.

• Kinetic AI is not a medical service and does not provide medical advice, diagnosis, or treatment
• Our AI-generated workout and nutrition plans are for informational purposes only
• Always consult with a qualified healthcare provider before starting any fitness or nutrition program
• If you have any medical conditions, injuries, or concerns, seek professional medical advice before using our Service
• Stop exercising immediately if you experience pain, dizziness, or discomfort
• We are not responsible for any injuries or health issues that may result from using our Service

BY USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE CONSULTED WITH A HEALTHCARE PROVIDER AND HAVE BEEN CLEARED FOR PHYSICAL ACTIVITY.

7. Intellectual Property

7.1 Our Content

All content on the Service, including text, graphics, logos, images, videos, software, and AI-generated content, is the property of Kinetic AI or its licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain ownership of any content you submit to the Service (workout logs, progress photos, etc.). However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your content for the purpose of providing and improving our Service.

7.3 Restrictions

You may not:

• Copy, modify, or distribute our content without permission
• Use our trademarks or branding without authorization
• Create derivative works based on our Service
• Remove or alter any copyright or proprietary notices

8. AI-Generated Content

Our Service uses artificial intelligence to generate personalized workout plans, nutrition recommendations, and coaching advice. While we strive for accuracy, AI-generated content may contain errors or inaccuracies. You acknowledge that:

• AI-generated content is provided "as is" without warranties
• You are responsible for evaluating the suitability of AI recommendations for your individual needs
• We are not liable for any consequences resulting from following AI-generated advice
• AI recommendations should not replace professional medical or fitness advice

9. Kids Zone

The Kids Zone feature is designed for children under parental supervision. By using Kids Zone, you represent that:

• You are the parent or legal guardian of any children added to your account
• You have authority to consent to the collection and use of children's information
• You will supervise children's use of the Service
• You are responsible for ensuring activities are appropriate for your child's age and ability

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINETIC AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kinetic AI, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any injuries or health issues resulting from your use of our workout or nutrition plans

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will meet your specific requirements

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Contact Information

For questions about these Terms, please contact us:

• Email: legal@kineticai.app
• Support: support@kineticai.app