Terms of Service

KINESICS LLC TERMS OF SERVICE

Last modified: March 24, 2025

Welcome, and thank you for your interest in Kinesics LLC, (referred to as “Kinesics,” “we,” “our,” or “us,” herein).

About the Kinesics Solution

Using software built for mobile devices to collect range of motion and postural measurements, the Kinesics Solution (the “Solution”) assesses range of motion and posture to help inform participant users and their professional users regarding range of motion, posture, and musculoskeletal issues, and offers options for mobility and flexibility programs to optimize human movement and performance. Kinesics is backed by decades of neuromuscular therapy and corrective exercise research and practices, as well as data-driven machine learning.

The Kinesics Solution includes current software applications such as MotionDX, MyKinesics, the Kinesics Dashboard, and any additional software tools or platforms developed or released by Kinesics in the future. These applications may be accessed individually or as part of an integrated experience, and collectively constitute the “Solution” as referenced in these Terms.

These Terms of Service apply to Kinesics and the entire Kinesics Solution (including all applications, features, and any and all collected measurements, analyses, and information, collectively referred to as “Content”). These Terms of Service are a legally binding contract between you and Kinesics regarding your use of the Solution.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY.

THE TERMS OF SERVICE INCORPORATE THE KINESICS PRIVACY POLICY.

BY CLICKING “I ACCEPT,” “AGREE,” OR BY OTHERWISE USING THE KINESICS SOLUTION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE KINESICS PRIVACY POLICY (COLLECTIVELY, THESE “TERMS”).

If you are not eligible, or do not agree to these Terms, then please do not use the Solution.

Eligibility

The Kinesics Solution is made available for use by adults. The Kinesics Solution is not marketed to or intended for children under the age of 18, and we do not knowingly offer the Kinesics Solution to children under the age of 18, who are not emancipated, without obtaining parental consent. If you are under 18 years of age, and not an emancipated minor, then please do not use or access the Kinetics Solution at any time or in any manner, except with the consent of your parent or guardian. By agreeing to these Terms, you, and/or your parent or your legal guardian, as applicable, represent and warrant to us: (i) that you are at least eighteen (18) years of age, or have parental or guardian consent to use the Solution; (ii) that you have not previously been suspended or removed from the Solution; and (iii) that your registration and your use of the Solution is in compliance with any and all applicable laws and regulations. If Kinesics discovers or has reason to believe that the preceding eligibility criteria are not met, it will terminate the account and not reinstate the account until eligibility criteria are met.

How to Use the Kinesics Solution, Registration and Access

In order to access the Kinesics Solution, you must either (i) register by providing complete and accurate information to create an individual account, or (ii) receive access through a professional user or an authorized administrator who has created an account on your behalf. Your account information can be updated at any time by accessing your Kinesics account settings.

In some cases, your account may be provisioned or assigned to you by an administrator—such as your employer, healthcare organization, educational institution, or other sponsoring entity. When your account is assigned by an administrator, that entity may have the ability to manage your access to the Solution, configure your account settings, and review your usage or data submitted through the account. Your use of the Solution in such cases may also be subject to that administrator’s policies, terms, or privacy practices. Kinesics is not responsible for any actions taken by such administrators, including access, modification, or management of your account or data. If you do not wish to have your account managed in this way, please contact your administrator or discontinue use of the Solution.

While Kinesics accounts are typically individual, you may choose to grant access to additional users such as professional users, healthcare providers, family members, or trusted parties. If you grant such access, you acknowledge and agree that those users may retrieve, provide, and/or modify health-related information associated with your account. In doing so, you are solely responsible for the activity that occurs under your account, including any information shared or modified by authorized third parties. The Terms of Service and any applicable Authorization between you and those individuals will apply.

We urge you to keep your account credentials secure, log off from the Solution when your device is unattended, and only share access with trusted parties. You must notify Kinesics immediately at hello@kinesicshealth.com if you become aware of any unauthorized access to your account or other security breaches. Kinesics is not liable for any unauthorized use of your account and you may be responsible for losses incurred by Kinesics or others due to such use.

Not Medical Advice

KINESICS AND THE KINESICS SOLUTION DO NOT CONTAIN, PRODUCE, OFFER, RECOMMEND, OR OTHERWISE MAKE AVAILABLE MEDICAL ADVICE OR PROVIDE MEDICAL CARE. THE CONTENT AVAILABLE THROUGH THE KINESICS SOLUTION IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE PROFESSIONAL OR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, OR TO SUBSTITUTE FOR YOUR OR YOUR HEALTH CARE PROVIDER’S PERSONAL OR PROFESSIONAL JUDGMENT.

NEVER DISREGARD, AVOID, OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER BECAUSE OF CONTENT YOU HAVE SEEN ON THE KINESICS SOLUTION. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL EMERGENCY SERVICES OR 911. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE KINESICS SOLUTION IS NOT, AND SHOULD NOT BE USED AS, A SUBSTITUTE FOR THE ADVICE OF YOUR HEALTH CARE PROVIDER. SHOULD ANY MEDICAL ISSUE ARISE DURING YOUR USE OF THE SOLUTION, YOU AGREE TO CONTACT YOUR HEALTH CARE PROVIDER OR 911 IMMEDIATELY. YOU ASSUME FULL RISK FOR THE USE OF CONTENT YOU OBTAIN FROM OR THROUGH THE KINESICS SOLUTION. KINESICS DOES NOT RECOMMEND OR ENDORSE ANY PROVIDER OF HEALTH CARE OR HEALTH CARE RELATED SOLUTIONS.

To the extent medical advice is provided to you by your Health Care Provider using the Kinesics Solution, such medical advice is based on the Health Care Provider’s professional judgment and your personal health data as provided by you to such Health Care Provider. The Kinesics Solution is not provided to be the sole source of information regarding your condition and shall not be used as the sole basis for or to drive diagnosis or treatment decisions.

Payment

You may be required to pay fees to access and use the Kinesics Solution. Upon your payment of such fees, your access and use of the Solution shall be in accordance with the terms specified at the time of purchase. Upon exhaustion of the fees for rights to access the Kinesics Solution, Kinesics may terminate access to the Solution. All fees are in U.S. Dollars and are non refundable. Kinesics will charge the payment method you specify at the time of purchase, and you authorize, Kinesics or its authorized third-party payment processor to charge all fees to such payment method. Kinesics may change the fees for the Solution, or the fees for any feature thereof, at any time, and you will be charged the applicable then-current fees. Kinesics is not responsible for any incomplete transaction, whether due to insufficient funds or for any other reason, though Kinesisc reserves the right to suspend or terminate your access to and use of the Solution or any portion thereof, for failure to complete a payment hereunder. We reserve the right to change the amount of, or basis for determining, any fees or charges for the Solution or for any other services we provide, and to institute new fees, charges or terms effective upon prior notice to Users (which may be sent by email to the address you have most recently provided us).

Prohibited Conduct

By agreeing to these Terms of Service you agree not to: (a) access the Solution other than by the interfaces provided by Kinesics; (b) use the Solution for any illegal purpose, or in violation of any local, state, national, or international law; (c) interfere with or attempt to bypass any security-related features of the Solution, including without limitation by disabling or circumventing features that prevent or limit use or copying of any Content; (d) copy, replicate, duplicate, decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Solution, or modify, translate, or otherwise create derivative works of any part of the Solution; (e) interfere with the operation or proper working of the Solution or any user’s enjoyment of the Solution, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Solution; or (iii) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Solution, or violating the regulations, policies, or procedures of such networks, equipment, or servers; (f) perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Solution accounts of others without permission, or falsifying your age or date of birth; or (g) attempt to or assist or permit any persons in engaging or attempting to engage in any such prohibited conduct.

Third-Party Solutions and Linked Websites

Kinesics may provide tools through the Solution that enable you to export information to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third-party services are not under our control, and we are not responsible for their use of your exported information.

The Solution may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.

Termination of Use; Discontinuation and Modification of the Solution

If you violate any provision of these Terms, Kinesics may terminate your permission to use and access to the Solution. Additionally, Kinesics, in its sole discretion, may terminate your user account on the Solution or suspend or terminate your access to the Solution at any time, with or without notice. We also reserve the right to modify or discontinue the Solution at any time (including, without limitation, by limiting or discontinuing certain features of the Solution) without notice to you. We will have no liability whatsoever on account of any change to the Solution or any suspension or termination of your access to or use of the Solution. You may terminate your account at any time by contacting customer service at hello@kinesicshealth.com.

Privacy Policy; Research

Please read the Kinesics Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Kinesics Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms of Use. By accessing the Kinesics Solution, you agree that your information may be shared for treatment, payment and operations purposes with payers and providers identified by you. You also specifically agree that your information may be used for research projects in which Kinesics may be engaged.

Additional Terms

Your use of the Solution is subject to any and all additional terms, policies, rules, or guidelines applicable to the Solution or certain features of the Solution that we may post on or link to on the Solution (the “Additional Terms”), such as end-user license agreements for any applications that we may offer, or rules applicable to particular features or content on the Solution. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

Ownership; Proprietary Rights

The Solution is owned and operated by Kinesics. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), videos, photographs, software, services, and all other elements of the Solution (the “Materials”) provided by Kinesics are protected by all relevant intellectual property and proprietary rights and applicable laws. All components of the Solution are the property of Kinesics or our third-party licensors. Kinesics reserves all rights to the Solution not granted expressly in these Terms.

User Content and License Grant

Certain features of the Kinesics Solution may allow users to upload, submit, store, or transmit content, including but not limited to range of motion and postural measurement data, notes, annotations, comments, profile information, and other materials (“User Content”). You retain ownership of any intellectual property rights that you hold in your User Content. Kinesics does not claim ownership of your User Content.

However, by uploading, submitting, storing, or otherwise providing any User Content through the Solution, you hereby grant to Kinesics a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, translate, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute your User Content solely for the purposes of operating, improving, marketing, supporting, and developing the Kinesics Solution and related services, including training or enhancing machine learning and artificial intelligence models that power the Kinesics Solution.

This license continues even if you stop using the Solution. You represent and warrant that you have all necessary rights, licenses, and consents to grant this license and that your User Content does not infringe or misappropriate any intellectual property or other rights of any third party or violate any applicable law.

Kinesics may, but is not obligated to, monitor, review, or remove User Content that it determines, in its sole discretion, violates these Terms, applicable laws or regulations, infringes the rights of others, poses a security or privacy risk, or is otherwise harmful, offensive, or inappropriate. Kinesics reserves the right to remove such content at any time, without notice, and without liability to you or any third party.

Automated Content Analysis

To provide an improved and personalized experience, Kinesics may use automated tools and algorithms to analyze your interactions with the Solution, including User Content you submit, upload, or generate. This automated analysis may be used to enhance Solution functionality, develop customized features, provide relevant content, refine mobility recommendations, detect errors or anomalies, and support research and development efforts to improve Kinesics’ services and products.

Such analysis may occur during transmission, storage, or use of the Solution and may involve advanced techniques such as pattern recognition, artificial intelligence, and machine learning. By using the Solution, you acknowledge and agree that such automated analysis may be performed and that it may be used in accordance with our Privacy Policy and applicable law.

Indemnity

You agree that you will be responsible for your use of the Solution, and you agree to defend, indemnify, and hold harmless Kinesics and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Kinesics Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Solution; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

If you are using the Solution on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. That entity accepts these Terms and agrees to be responsible for any violation thereof by its users or representatives. In such cases, the business entity also agrees to defend, indemnify, and hold harmless the Kinesics Entities from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ fees and costs) arising from or relating to use of the Solution by such users or the business entity’s breach of these Terms.

DISCLAIMERS; NO WARRANTIES

THE SOLUTION AND ALL CONTENT AVAILABLE THROUGH THE SOLUTION ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. KINESICS SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SOLUTION AND ALL CONTENT AVAILABLE THROUGH THE SOLUTION, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. KINESICS DOES NOT WARRANT THAT THE SOLUTION OR ANY COMPONENT THEREOF, OR ANY CONTENT OFFERED THROUGH THE SOLUTION, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

NO CONTENT, OBTAINED BY YOU FROM THE SOLUTION OR ANY CONTENT AVAILABLE ON OR THROUGH THE SOLUTION WILL CREATE ANY WARRANTY REGARDING KINESICS OR THE SOLUTION THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SOLUTION OR CONTENT AVAILABLE THROUGH THE SOLUTION. YOU UNDERSTAND AND AGREE THAT YOU USE THE SOLUTION AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT THROUGH THE SOLUTION AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY THAT RESULTS FROM THE USE OF THE SOLUTION OR CONTENT.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITY

IN NO EVENT WILL KINESICS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SOLUTION OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KINESICS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL KINESICS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SOLUTION.

YOU AGREE THAT THE AGGREGATE LIABILITY OF KINESICS TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SOLUTION (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SOLUTION) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SOLUTION.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS ON LIABILITY WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Governing Law

These Terms will be governed by the laws of the State of Louisiana without regard to conflict of law principles. You and Kinesics agree to submit to the personal and exclusive jurisdiction of the courts located within East Baton Rouge Parish, State of Louisiana for the purpose of litigating all such disputes.

Exceptions

We both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.

Notice; Process

A party who intends to seek resolution of a dispute with Kinesics must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Kinesics address for Notice is: Kinesics LLC, 440 N 3rd St, Suite 201-A, Baton Rouge, LA 70802. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Kinesics may commence a legal proceeding.

No Class Actions

YOU AND KINESICS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kinesics agree otherwise, the court may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Enforceability

If the Terms regarding dispute resolution are found to be unenforceable or if the entirety of the Terms regarding dispute resolution is found to be unenforceable, then the entirety of this section will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described herein will govern any action arising out of or related to these Terms.

Modification of the Terms

Kinesics reserves the right to update or modify these Terms of Service at any time without prior notice, and such changes will be effective immediately upon being posted through the Solution, except as set forth below. Your use of the Solution following any such change constitutes your agreement to be bound by the modified Terms of Service. In the case of material changes to the Terms, Kinesics will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Solution, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of: (i) your first use of the Solution with actual notice of such change, or (ii) thirty (30) days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Solution.

Consent to Electronic Communications

By using the Solution, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Kinesics will send non-PHI containing messages using email unless you object.

Secure electronic messaging is always preferred to insecure email, for your convenience, and with your permission, Kinesics lets you choose whether to receive email communications containing PHI. This email communication is not encrypted and may include messages from your treatment provider, appointment reminders, and other information regarding use of the Solution.

You should consider that standard email is not a secure means of communication. There is some risk that any PHI contained in email may be disclosed to, or intercepted, printed, or stored by, unauthorized third parties. Kinesics cannot ensure the security or confidentiality of messages sent by email.

Contact Information

The services hereunder are offered by Kinesics LLC, 440 N 3rd St, Suite 201-A, Baton Rouge, LA 70802. You may contact us by sending correspondence to the foregoing address or by emailing us at hello@kinesicshealth.com.

General

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Kinesics regarding your use of and access to the Solution, and except as expressly permitted above may be amended only by Kinesics in its sole discretion. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination or expiration of your account, these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.