1. Introduction
Welcome to Kinis.ai! We offer innovative AI-powered balance health technology for adults 50+, establishing Balance Health™ as a new vital sign. Our services are supported by our website (www.kinis.ai), mobile applications, and related accessory devices, as well as other technology and electronic.
2. Our Services
The Service is owned and provided by Kinis Healthtech, Inc. (a Delaware corporation), and its affiliates (collectively, "Kinis.ai" or "we" or "us"). This is an agreement between Kinis.ai and you, the user, for yourself, or if you are establishing an account for an organization or business entity, for the users within that organization or business entity ("you").
Kinis.ai provides the technology platform through which you can test your balance (the "Service"). By accessing or using the Service, you agree to be bound by these Terms and Conditions (the "Terms") and the accompanying Privacy Policy, at https://kinis.ai/privacy. If you are a business entity that will use the Service with your customers, patients, members, employees, or other individuals under a shared account, you agree that these Terms are binding on your organization and all persons who use the Service through your organization. You will not interrupt or interfere with our in-app requirements that all individual users click to accept these Terms and our Privacy Policy, and you will make these Terms and our Privacy Policy available to all individual users upon their request.
In many cases, Kinis.ai contracts with separate entities and individuals, including professional practices, to engage qualified professionals (the "Professional(s)") to provide Health Services. Kinis.ai does not practice medicine or physical therapy and is independent from the Professionals.
Kinis.ai is not responsible for a Professional's acts, omissions, or communications.
As part of the Services, Kinis.ai or an affiliated Professional may provide you with accessory devices, including the KinisStep Smart Band™. These accessories are licensed by us and not sold, and provided solely for use with the Services. If you receive a defective accessory device, please contact us at hello@kinis.com for a replacement. You may be asked to return the defective device.
Who Can Use the Services.
To use the Services, you must (1) register for an account, (2) be at least 18 years of age, (3) accept these Terms, and (4) download the app. You may not create multiple accounts.
You acknowledge that using the Services involves physical movement with inherent risks. Testing your balance may involve losing your balance. You agree to test yourself only in a safe environment within reach of human assistance and stabilizing surfaces or handholds that you can use if needed to prevent falling and injury. By using the Services, you voluntarily assume all risks of injury, loss, or damage. Results are not guaranteed.
You should not use the Services if you have certain health conditions, including but not limited to: recent skeletal fractures, significant trauma, active disease or disability, concussion, inner ear conditions, or other conditions that suggest compromised balance or that are incompatible with moderate exercise. If you are unsure, seek clearance from your physician before using the Services.
Kinis.ai grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Services for your own personal use. You have permission to share your test results from the Service, at your option. You do not otherwise have rights or permissions to reproduce or reproduce the Service or any part of it.
Kinis.ai provides balance testing for informational and educational purposes. The Services are intended for personal wellness and to assist in communication and risk management in connection with licensed service providers that are independent of us. The Service, app, and website content and communications do not include or constitute healthcare or medical advice. The Service is not intended to diagnose, treat, or prevent any medical condition. Consult your healthcare provider for medical advice.
CALL YOUR LOCAL EMERGENCY SERVICES OR YOUR HEALTHCARE PROVIDER FOR ALL MEDICAL EMERGENCIES.
3. Payment for Use of the Services
When you enroll in the Services, you may be presented with payment options. You authorize Kinis.ai to use your Payment Method for charges related to the Services, including any recurring charges as agreed at the time you sign up, renew, or update your account. All fees are exclusive of applicable taxes, for which you are responsible.
You may cancel your Services by emailing hello@kinis.com before the cancellation cutoff date provided at enrollment.
4. Suspension or Termination of Services
You can terminate your account at any time by contacting hello@kinis.com. Kinis.ai may suspend or terminate your access to the Services if you are no longer eligible, if payment is overdue, or for violations of these Terms.
5. User Responsibilities
When using the Services, you agree to:
- Provide accurate information
- Use the Services only for personal use if you are an individual app user, or under the terms of a separate contract if you are a Professional or other business-entity subscriber
- Maintain account security
- Safeguard and be responsible for any provided hardware
- Not interfere with the Services' operation
- Not attempt to reverse engineer the Services
- Not share, copy, or distribute any aspect of the Services apart from your own test results and reports
6. Use of Artificial Intelligence
The Service incorporates AI functionality and relies on AI tools and technology. Kinis.ai strives to employ AI in a safe and responsible manner, but as with any technology, AI is susceptible to errors.
7. Communications
General Communications
You agree that Kinis.ai may communicate with you via email, SMS text messages, push notifications, or physical mail regarding your account, the Services, and promotional information. Message and data rates may apply. You can opt out of marketing communications by contacting hello@kinis.com.
SMS Communications
Kinis.ai provides an SMS service that allows you to receive recurring text messages about account updates, notifications, customer service responses, and marketing communications.
Consent: By providing your mobile number and confirming opt-in, you consent to receive SMS and MMS messages, including automated messages, from Kinis Health Tech, Inc. to the mobile number you provide. You may also opt out or decline to opt in. This consent is not a condition of purchase.
Message Types: The types of messages you may receive include:
- Transactional alerts (security codes, appointment confirmations)
- Promotional offers and newsletters
- Product announcements and updates
- Customer service communications
Frequency and Costs: Message frequency will vary depending on your activity with our Services. Your mobile carrier may charge standard message and data rates for sending and receiving messages.
Opting Out: You may opt out at any time by replying with the word "STOP" to any message we send you, after which you will receive a confirmation and no further marketing messages. For assistance, reply "HELP" to any message or contact us at hello@kinis.com.
Data Usage: We collect and store your phone number and related metadata to operate the service, deliver messages, and improve our products. We will not sell your contact information to third parties. For more information, please see our Privacy Policy.
Service Providers: We may use third-party providers such as Twilio to send messages on our behalf, and messages may be delivered using automated systems.
8. Intellectual Property
The Services and all content are owned by Kinis.ai and protected by intellectual property laws. No rights are granted except as expressly stated in these Terms.
9. Physical Hardware
Any physical devices provided to you remain the property of Kinis.ai. You are responsible for their security and must return them upon request.
10. Referral Services
We may offer a referral service by which you can connect with a professional services provider to review you balance test and provide any advice or assistance to you. These professional service providers are not employed by us, and though we have confirmed the professional license status of each of them before engaging with them, we cannot guarantee their professional training, experience, or maintenance of any relevant license. If decide to use our Service to connect with such professionals, you agree:
- We may share all information we have about you with them
- You will book and pay for such professional services through our Service, and not circumvent our referral service to pay for your scheduled meeting directly with such provider
11. Third Parties
Kinis.ai does not endorse any third-party websites, providers, or products referenced in the Services. You use such third-party resources at your own risk.
We may use your information as reasonably necessary to detect fraud, address technical issues, protect your interests or those of our other users, and to comply with our legal and regulatory obligations.
12. Disclaimer and Limitation of Liability
THE SERVICES ARE PROVIDED "AS-IS" WITHOUT WARRANTIES OF ANY KIND. KINIS.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
KINIS.AI PROVIDES BALANCE TESTING FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOT INTENDED TO DIAGNOSE, TREAT, OR PREVENT ANY MEDICAL CONDITION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINIS.AI SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES. IN NO EVENT SHALL KINIS.AI'S LIABILITY EXCEED $100.
13. Indemnification
You agree to defend and indemnify Kinis.ai against any claims arising from your use of the Services, violation of these Terms, or violation of any rights of a third party.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Virginia, USA. Any disputes will be resolved by binding arbitration conducted by JAMS under their streamlined rules, conducted remotely or in the City of Richmond, Virginia, with all attendant costs of the arbitration service and chosen arbitrator to be borne equally by the parties.
You and Kinis.ai agree to resolve disputes on an individual basis and waive the right to participate in class actions.
15. Miscellaneous Provisions
14.1 Changes to Terms
Kinis.ai may modify these Terms upon notice to you, by email or within the application. Your continued use of the Services constitutes acceptance of changes.
14.2 Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
14.3 Assignment
Kinis.ai may assign its rights and obligations under these Terms without your consent. You may not transfer or assign any rights hereunder.
14.4 Entire Agreement
These Terms constitute the entire agreement between you and Kinis.ai regarding the Services.
16. Contact Information
Kinis Health Tech, Inc.
Attn: Legal
1717 East Cary Street
Richmond, VA 23223
Questions or concerns: hello@kinis.com