Kino Vision, Inc. – Terms and Conditions

1. Acceptance of Terms

1.1 Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Kino Vision, Inc., a Delaware corporation, and its wholly-owned subsidiaries ("Kino," "we," "us," or "our"). By accessing, downloading, installing, or using our mobile applications, websites, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

1.2 Eligibility

To use our Services, you must:

• Be at least 18 years of age (or 16 in certain jurisdictions)
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Services under applicable law
• Reside in the United States or Canada

1.3 Electronic Agreement

Your use of the Services constitutes your electronic signature and consent to enter into agreements with us electronically. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws requiring an original signature or delivery or retention of non-electronic records.

2. Description of Services

2.1 Service Overview

Kino Vision provides AI-powered body composition analysis services through mobile applications and web platforms. Our Services include:

• Body composition scanning and analysis using photographic imaging
• Estimation of body fat percentage, muscle mass, bone density, and other metrics
• Progress tracking and historical comparisons
• Fitness insights and recommendations
• Integration with certified fitness trainers (where applicable)

2.2 Service Tiers

2.3 Beta Features

We may offer certain features in beta ("Beta Features"). Beta Features are provided "as-is" and may be discontinued at any time. Your use of Beta Features is at your own risk.

3. Medical Disclaimer and Health Information

3.2 Consult Healthcare Providers

You should always consult with qualified healthcare providers before:

• Beginning any fitness or nutrition program
• Making changes to your diet or exercise routine
• Acting on any information provided by our Services
• If you have any medical conditions or concerns

3.3 Accuracy Limitations

While we strive for accuracy, body composition estimates provided by our Services:

• Are estimates based on AI algorithms and photographic analysis
• May vary from medical-grade measurements
• Should not replace professional medical assessments
• May be affected by lighting, pose, clothing, and other factors

3.4 Emergency Medical Situations

Our Services are not for emergency use. If you experience a medical emergency, immediately call emergency services (911 in the US, appropriate number in your location).

4. User Accounts and Registration

4.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized access or use
• Accept responsibility for all activities under your account

4.2 Account Restrictions

• One account per person
• No sharing of account credentials
• No automated account creation
• No false or misleading information

4.3 Account Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms
• Are inactive for extended periods
• Engage in fraudulent or illegal activities
• Abuse our Services or other users

5. Acceptable Use and Conduct

5.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use the Services only for:

• Personal fitness and health tracking
• Professional trainer-client relationships (with appropriate licenses)
• Other purposes expressly authorized by us

5.2 Prohibited Conduct

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Upload inappropriate, offensive, or illegal content
• Impersonate others or provide false information
• Harass, threaten, or harm other users
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any systems
• Reverse engineer, decompile, or disassemble any software
• Use automated systems to access the Services without permission
• Collect or harvest user data without authorization
• Use the Services for commercial purposes without our consent
• Circumvent any security or authentication measures
• Upload content containing viruses or malicious code

5.3 Content Standards

Any content you submit must:

• Be appropriate for fitness and health purposes
• Not violate any third-party rights
• Not contain nudity or sexually explicit material
• Be your own or properly licensed to you

6. Subscriptions, Payments, and Refunds

6.1 Subscription Plans

Kino Pro subscriptions are offered on various terms:

• Monthly subscriptions
• Annual subscriptions (discounted rate)
• Trainer seat licenses

6.2 Payment Terms

• Automatic Renewal: Subscriptions automatically renew unless cancelled
• Payment Method: Valid payment method required for paid subscriptions
• Price Changes: We may change prices with 30 days' notice
• Taxes: You are responsible for applicable taxes

6.3 Billing

By purchasing a subscription:

• You authorize us to charge your payment method
• You agree to pay all charges at the prices then in effect
• You are responsible for keeping payment information current

6.4 Cancellation

• Cancel anytime through account settings
• Cancellation effective at end of current billing period
• No refunds for partial subscription periods
• Access continues until end of paid period

6.5 Refund Policy

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services and all associated content, features, and functionality are owned by Kino Vision, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes but is not limited to:

• Software code and algorithms
• AI models and training data
• User interface designs
• Logos, trademarks, and trade names
• Text, graphics, and images
• Data compilations and databases

7.2 Limited License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for personal, non-commercial purposes
• Download and use our mobile applications on authorized devices

7.3 User Content License

By submitting content to our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

• Use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the Services
• For Free Tier users: Use your anonymized data for model training and improvement
• For all users: Process your content to provide the Services

7.4 Feedback

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution to you.

8. Privacy and Data Protection

8.1 Privacy Policy

Your use of our Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

8.2 Data Accuracy

You represent and warrant that all data you provide is accurate and complete. Inaccurate data may affect the quality of our Services.

8.3 Sensitive Data

By using our body scanning features, you acknowledge that you are voluntarily providing potentially sensitive health-related data and consent to its processing as described in our Privacy Policy.

Users agree to, in accordance with our privacy policy, share image data with Kino's vetted manual review team through express consent given for identity mismatch and high-uncertainty data - both of which users have the option to not submit.

9. Third-Party Services and Links

9.1 Third-Party Integrations

Our Services may integrate with third-party services (e.g., fitness trackers, health apps). Your use of these integrations is subject to the third party's terms and policies.

9.2 External Links

We are not responsible for the content, privacy policies, or practices of third-party websites or services linked from our Services.

9.3 App Store Terms

Your download and use of our mobile applications are also subject to the terms of the applicable app store (Apple App Store, Google Play Store).

10. Disclaimers and Limitations of Liability

10.2 No Warranty

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Results obtained will be accurate or reliable
• Any errors or defects will be corrected
• The Services will meet your requirements or expectations

10.3 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KINO VISION, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, or goodwill
• Service interruptions
• Computer damage or system failure
• Cost of substitute services
• Personal injury or emotional distress

10.4 Damage Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

10.5 Essential Purpose

These limitations apply even if any remedy fails of its essential purpose and regardless of the legal theory on which the claim is based.

11. Indemnification

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating arbitration, you agree to contact us at help@kino-fitness.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute in good faith for 60 days after receipt of notice.

12.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, except that either party may seek equitable relief in court for infringement of intellectual property rights.

12.3 Arbitration Rules

• Arbitration administered by JAMS under its Streamlined Arbitration Rules
• One arbitrator mutually agreed upon
• Arbitration conducted in English
• Location: San Francisco, California (or your county of residence for claims under $10,000)

12.4 CLASS ACTION WAIVER

YOU AND KINO 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.

12.5 Exceptions

This arbitration agreement does not apply to:

• Small claims court actions
• Injunctive relief for IP infringement
• Claims that cannot be arbitrated under applicable law

12.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to help@kino-fitness.com within 30 days of first accepting these Terms.

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Deleting your account through the app settings
• Contacting support at support@kinofitness.com
• Discontinuing use of the Services

13.2 Termination by Us

We may suspend or terminate your account or access to the Services immediately, without prior notice or liability, if:

• You breach these Terms
• We are required to do so by law
• We discontinue the Services
• Your conduct may harm other users or us

13.3 Effect of Termination

Upon termination:

• Your right to use the Services ceases immediately
• We may delete your account and data (subject to our Privacy Policy)
• You remain liable for any outstanding payments
• Provisions that should survive termination will remain in effect

14. Modifications to Terms and Services

14.1 Changes to Terms

We reserve the right to modify these Terms at any time. When we do:

• We will update the "Last Updated" date
• We will notify you via email or in-app notification
• Continued use after changes constitutes acceptance
• If you disagree, you must stop using the Services

14.2 Changes to Services

We may modify, suspend, or discontinue any aspect of the Services at any time without liability to you.

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

15.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Kino regarding the Services.

15.3 Severability

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

15.4 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term.

15.5 Assignment

You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

15.7 Interpretation

Section headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."

15.8 Export Controls

You may not use the Services in violation of U.S. export laws and regulations.

15.9 Government Use

If you are a U.S. government entity, our Services are "Commercial Items" as defined at 48 C.F.R. §2.101.

16. Contact Information

17. Additional Terms for Fitness Trainers

17.1 Trainer Accounts

If you are a fitness trainer using our Services professionally:

• You must maintain appropriate professional licenses and insurance
• You are responsible for your client relationships
• You must comply with all applicable professional standards
• You may not make medical claims or diagnoses

17.2 Seat Licenses

• Seat licenses are for named individuals only
• No sharing or transferring of seats without permission
• Bulk pricing may be available for multiple seats

17.3 Client Data

When managing client data:

• You must obtain appropriate client consent
• You are responsible for client data security
• You must comply with applicable privacy laws
• Client owns their data; you have limited access rights

18. Definitions and Glossary

For purposes of these Terms:

• "Content" means any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services.
• "User Content" means Content provided by users, including photos for body scans.
• "Services" means all Kino Vision applications, websites, and related services.
• "Subscription" means a paid plan for enhanced Services.
• "Trainer" means a fitness professional using our Services for client management.