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Terms of Service

Last updated: December 2024

Agreement to Terms

By accessing or using Kinetic's services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

Description of Service

Kinetic provides a cloud-based fitness studio management platform that includes scheduling, billing, member management, marketing tools, and related features. We reserve the right to modify, suspend, or discontinue any aspect of the service at any time.

Account Registration

To use our services, you must:

  • Create an account with accurate and complete information
  • Maintain the security of your account credentials
  • Be at least 18 years old or have legal authority to bind your organization
  • Notify us immediately of any unauthorized access

You are responsible for all activities that occur under your account.

Subscription and Billing

Free Trial

New accounts include a 14-day free trial. No credit card is required to start. At the end of the trial, you must select a paid plan to continue using the service.

Payment Terms

  • Subscriptions are billed monthly or annually in advance
  • Prices are subject to change with 30 days notice
  • All fees are non-refundable except as required by law
  • You are responsible for all applicable taxes

Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not offer prorated refunds for partial months.

Acceptable Use

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Upload malicious code or attempt to compromise our systems
  • Use the service to send spam or unsolicited communications
  • Resell or redistribute our services without authorization
  • Interfere with other users' access to the service

Your Data

Ownership

You retain ownership of all data you input into the platform. We do not claim ownership of your member data, content, or business information.

License to Kinetic

You grant us a limited license to use your data solely to provide and improve our services. We will not use your data for any other purpose without your consent.

Data Export

You may export your data at any time through our platform. Upon account termination, we will retain your data for 30 days before deletion, unless you request earlier deletion.

Intellectual Property

Kinetic and its licensors own all rights to the service, including software, designs, trademarks, and documentation. These Terms do not grant you any rights to use Kinetic's intellectual property except as necessary to use the service.

Third-Party Services

Our platform integrates with third-party services (payment processors, email providers, etc.). Your use of these integrations is subject to the respective third party's terms. We are not responsible for third-party services.

Disclaimer 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. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINETIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold harmless Kinetic and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the service or violation of these terms.

Termination

We may terminate or suspend your account immediately for violations of these Terms. Upon termination, your right to use the service ceases immediately. Provisions that by their nature should survive termination will survive.

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Delaware.

Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or through the service. Continued use after changes constitutes acceptance of the modified terms.

Contact

Questions about these Terms should be directed to:

  • Email: legal@kntc.app
  • Address: Kinetic, Inc.
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