Effective Date: April 11, 2026
By downloading, installing, accessing, or using the Kinetic mobile application (the "App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. These Terms constitute a legally binding agreement between you and Kinetic ("we," "our," or "us").
You represent that you are at least 18 years old or have reached the age of majority in your jurisdiction, and have the legal capacity to enter into these Terms. If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
Kinetic is a productivity and fitness mobile application that helps users manage their phone usage by requiring physical exercises (push-ups) to unlock access to selected applications. The App provides:
The App is provided "as is" and we reserve the right to modify, suspend, or discontinue any features at any time without notice.
We offer the following subscription plans:
All subscriptions include a 3-day free trial for new subscribers. Prices are subject to change with notice. Price changes will not affect active subscriptions until renewal.
Subscriptions are billed through your Apple ID account and are subject to Apple's Terms of Service. Payment will be charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.
Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage your subscription and turn off auto-renewal in your Apple ID Account Settings after purchase.
New subscribers are eligible for a 3-day free trial. You can cancel anytime during the trial period without charge. If you do not cancel before the trial ends, you will automatically be charged the subscription price and your subscription will begin.
Free trial eligibility is determined by Apple and is typically limited to one per Apple ID. We reserve the right to modify or discontinue free trial offers at any time.
You can cancel your subscription at any time through your Apple ID Account Settings. Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of your paid period. No partial refunds will be provided for unused portions of a subscription period.
All purchases are processed through Apple's App Store and are subject to Apple's refund policy. We do not have the ability to process refunds directly. To request a refund, please contact Apple Support or visit reportaproblem.apple.com. Refund requests must be made within the timeframe specified by Apple's policies.
By using the App, you agree to:
Violation of these terms may result in immediate termination of your access to the App without refund.
⚠️ IMPORTANT HEALTH AND SAFETY INFORMATION
Kinetic involves physical exercise. Before starting any exercise program, consult with a qualified healthcare professional, especially if you have any pre-existing health conditions, injuries, or concerns.
You acknowledge and agree that:
The App does not provide medical advice. Any health, fitness, or nutritional information provided is for informational purposes only and should not be construed as medical advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or exercise program.
BY USING THE APP, YOU EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH PHYSICAL EXERCISE, INCLUDING BUT NOT LIMITED TO MUSCLE STRAIN, INJURY, DISABILITY, OR DEATH. YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU MAY SUSTAIN AS A RESULT OF USING THE APP.
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, and the selection and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App for your personal, non-commercial use. This license does not include any right to:
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information.
By using the App, you consent to the collection and use of your information as described in the Privacy Policy. You acknowledge that most data is stored locally on your device and that camera data is processed in real-time and never recorded or transmitted.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER.
The App relies on third-party services including Apple's Screen Time API, StoreKit, and Vision framework. We are not responsible for any failures, errors, or issues caused by these third-party services. Your use of these services is subject to their respective terms and conditions.
You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including but not limited to:
Upon termination, your right to use the App will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You may terminate your account at any time by deleting the App from your device. Termination does not entitle you to a refund of any subscription fees.
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at kwellfn@gmail.com. We will attempt to resolve the dispute informally within 60 days.
If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and the arbitrator's decision shall be final and binding.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the United States, and you hereby irrevocably consent to personal jurisdiction and venue therein.
If you are a consumer in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
We will notify you of changes by:
By continuing to access or use the App after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the App.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, together with our Privacy Policy and any other legal notices published by us in the App, constitute the entire agreement between you and us concerning the App and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the App.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
These terms apply to your use of the App obtained through the Apple App Store:
If you have any questions, concerns, or feedback about these Terms or the App, please contact us:
Email: kwellfn@gmail.com
App: Kinetic
Response Time: We aim to respond to all inquiries within 48 hours
By using Kinetic, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Last updated: April 11, 2026