Terms of Use

Last Updated: January 2025

Welcome to KineticAid. These Terms of Use (“Terms”) govern your access to and use of the KineticAid mobile application for iOS and watchOS (“App”), website, and related services (collectively, the “Service”). By downloading, installing, or using the Service, you agree to be bound by these Terms.

Please read these Terms carefully before using the Service. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By accessing or using KineticAid, you confirm that you:

• Are at least 13 years of age (or the minimum age required in your jurisdiction)
• Have the legal capacity to enter into these Terms
• Agree to comply with all applicable laws and regulations
• Accept our Privacy Policy, which is incorporated into these Terms by reference

2. Description of Service

KineticAid is a golf swing analysis application that uses motion sensors in Apple Watch and iPhone to:

• Track and analyse golf swing mechanics
• Estimate ball speed and carry distances
• Record shot history and statistics by club
• Provide GPS-based distance tracking
• Maintain digital scorecards
• Calculate handicap estimates

The Service is provided for recreational and informational purposes to help golfers understand and improve their game.

3. Subscriptions and Payments

3.1 Free and Premium Features

KineticAid offers free features for 30 days and a premium subscription (“KineticAid Premium”) for continued functionality.

3.2 Subscription Terms

• Free Trial: New subscribers may be eligible for a free trial period. You will not be charged during the trial period.
• Billing: Subscriptions are billed in advance on a monthly or yearly basis, depending on your selected plan.
• Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.
• Price Changes: We may change subscription prices at any time. Price changes will take effect at the start of the next subscription period following the date of the price change.

3.3 Cancellation

You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial subscription periods.

3.4 Payment Processing

All payments are processed by Apple through the App Store. We do not collect or store your payment information. For billing inquiries, please contact Apple Support or visit your App Store account settings.

4. User Accounts

4.1 Account Creation

Some features may require you to sign in with Apple. You are responsible for maintaining the confidentiality of your account credentials.

4.2 Account Security

You agree to:

• Notify us immediately of any unauthorised use of your account
• Not share your account with others
• Accept responsibility for all activities that occur under your account

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to reverse engineer, decompile, or disassemble the App
• Remove any copyright, trademark, or proprietary notices
• Interfere with or disrupt the Service or servers
• Use automated systems or software to extract data from the Service
• Impersonate any person or entity
• Use the Service in any manner that could damage, disable, or impair it

6. Health and Safety Disclaimer

IMPORTANT: Please read this section carefully.

6.1 Not Medical Advice

KineticAid is not a medical device and does not provide medical advice, diagnosis, or treatment. The Service is intended solely for recreational and informational purposes related to golf performance.

6.2 Physical Activity

Golf involves physical activity that carries inherent risks. Before beginning any exercise programme or making significant changes to your physical activity:

• Consult with a qualified healthcare professional
• Consider your current physical condition and any existing health conditions
• Stop immediately if you experience pain, dizziness, or discomfort

6.3 Accuracy Limitations

Swing analysis, ball speed estimates, and distance calculations are approximations based on motion sensor data. Results may vary based on:

• Device positioning and calibration
• Environmental conditions
• Individual swing characteristics
• Equipment variations

Do not rely solely on KineticAid data for club selection, course management, or any decisions where inaccurate information could result in injury or property damage.

6.4 Golf Course Safety

Always follow golf course rules and etiquette. Be aware of your surroundings when using the App on the course. Do not use the App in any way that distracts you from course safety or pace of play.

7. Intellectual Property

7.1 Ownership

The Service, including all content, features, and functionality (including but not limited to software, text, graphics, logos, and images), is owned by KineticAid and is protected by copyright, trademark, and other intellectual property laws.

7.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for personal, non-commercial purposes in accordance with these Terms.

7.3 Your Data

You retain ownership of the data you create through the Service (such as swing recordings and scorecards). By using the Service, you grant us a limited licence to process this data as necessary to provide the Service.

8. Privacy and Data

Your privacy is important to us. Please review our Privacy Policy for information about how we collect, use, and protect your data.

Key points:

• Your swing data and personal information are stored locally on your devices
• We do not sell your personal data to third parties
• Location data is used only for GPS distance tracking and course detection

9. Disclaimers

9.1 “As Is” Basis

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantee

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• The quality of the Service will meet your expectations
• Any errors in the Service will be corrected

9.3 Third-Party Services

The Service may integrate with third-party services (such as Apple HealthKit, golf course databases, or GHIN). We are not responsible for the availability, accuracy, or practices of these third-party services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• KINETICAID SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON DATA PROVIDED BY THE SERVICE

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless KineticAid and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights

12. Termination

12.1 By You

You may stop using the Service at any time by deleting the App and cancelling any active subscriptions.

12.2 By Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

• Violation of these Terms
• Conduct that we believe is harmful to other users or the Service
• Extended periods of inactivity
• Discontinuation of the Service

12.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the “Last Updated” date
• Providing notice within the App where appropriate

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

14. General Provisions

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through good-faith negotiations. If negotiations fail, disputes shall be submitted to the exclusive jurisdiction of the courts of England and Wales.

14.3 Severability

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

14.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and KineticAid regarding the Service.

14.5 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14.6 Assignment

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

15. Apple-Specific Terms

If you are using the App on an Apple device, you also agree to the following:

• These Terms are between you and KineticAid, not Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for any claims relating to the App
• Apple is a third-party beneficiary of these Terms

© 2025 KineticAid. All rights reserved.