These Terms and Conditions (“Terms”) govern your access to and use of the Kinexion platform, mobile application, website, SMS communications, email communications, and related services (collectively, the “Platform”) operated by Kinexion (“Kinexion,” “we,” “us,” or “our”). By creating an account, accessing the Platform, or opting in to receive communications, you agree to these Terms. If you do not agree, do not use the Platform.

By accessing or using the Platform, you confirm that you are at least 18 years of age, have the legal capacity to enter into this agreement, and accept these Terms in full. Continued use of the Platform after any update constitutes acceptance of the revised Terms where permitted by law.

Kinexion is an educational, computer-vision–assisted movement analysis platform. The Platform estimates range of motion, captures user-reported inputs, and produces general movement information intended to help you decide whether to seek evaluation from a licensed provider of your choosing.

Kinexion is not a healthcare provider, is not a medical device, is not acting as a covered entity or business associate under HIPAA, and does not provide medical advice, diagnosis, or treatment.

All outputs are estimates produced by an automated analysis tool and are presented for informational and educational purposes only. Outputs are not a diagnosis, evaluation, or recommendation for medical care. You are solely responsible for obtaining medical advice from a licensed provider. Do not delay or disregard professional care based on Platform outputs. For urgent symptoms, seek immediate medical attention.

• You must be 18 years of age or older to create an account or use the Platform.

• You agree to provide accurate, current, and complete information.

• You are responsible for safeguarding your login credentials and for all activity under your account.

• You agree to use the Platform only for lawful, personal, non-commercial purposes.

Kinexion is a neutral analysis and Routing platform. Kinexion does not assign, direct, recommend, or require selection of any provider. Any decision to connect with a provider is initiated solely by you, at your discretion. You control whether your information is shared, with whom, and when. Kinexion does not guarantee the quality, availability, pricing, or outcome of services delivered by any provider or facility accessed through the Platform.

By creating an account, you agree to receive transactional email from Kinexion related to your account, security, movement analysis results, consent records, scheduling, and other service-related notices. These messages are required to operate the Platform and cannot be opted out of while your account remains active.

Kinexion may, with your separate opt-in consent, send promotional, educational, and product update emails. You may withdraw consent at any time by clicking the “unsubscribe” link in any marketing email or by emailing Andrew@kinexion.net. Unsubscribing from marketing email does not affect required transactional email.

• Kinexion complies with the U.S. CAN-SPAM Act, Canada’s Anti-Spam Legislation (CASL), and the EU General Data Protection Regulation (GDPR) where applicable.

• All marketing email includes a functional unsubscribe mechanism honored within ten (10) business days.

• Kinexion does not sell, rent, or share your email address for third-party marketing.

• Email content is not encrypted in transit beyond standard provider security. Do not transmit sensitive medical information by email.

Kinexion offers SMS communications for account-related notices, scheduling, movement analysis status updates, and, with separate opt-in consent, product updates. SMS participation is optional and is not required to use the Platform.

By providing your mobile phone number and opting in (for example, by checking the SMS consent box during onboarding, replying a keyword such as JOIN, or otherwise affirmatively enrolling), you give Kinexion your express written consent to send recurring automated text messages to that number, including messages sent using an automatic telephone dialing system. Consent is not a condition of purchase or of using the Platform.

• Message frequency varies based on your activity and selected notifications.

• Message and data rates may apply. Check with your wireless carrier.

• Supported carriers include all major U.S. carriers. Carriers are not liable for delayed or undelivered messages.

• SMS is not encrypted. Do not send sensitive medical, financial, or personal information by text.

• Reply STOP to any Kinexion text message to opt out at any time. You will receive one confirmation message, after which no further messages will be sent.

• Reply HELP for help, or contact support at Andrew@kinexion.net.

• Opting out of SMS does not delete your Kinexion account or stop required transactional email.

You agree to provide a mobile number you are authorized to use, and to update Kinexion promptly if your number changes. You agree to indemnify Kinexion for messages sent to a number you provided that was reassigned or that you were not authorized to enroll.

• Kinexion complies with the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, and A2P 10DLC carrier requirements.

• Kinexion does not share mobile opt-in data or phone numbers with third parties for their marketing purposes. This restriction applies to all categories of information, including, but not limited to, text messaging originator opt-in data and consent.

Your use of the Platform is subject to the Kinexion Privacy Policy, which is incorporated into these Terms by reference. By using the Platform you consent to the collection, processing, and use of your data as described in that policy. You may request access to or deletion of your personal data at any time by emailing Andrew@kinexion.net.

Per-case consent is required before any information is shared with a provider you select. Once information has been shared based on your selection, the disclosure cannot be undone, but you may stop future sharing at any time.

If you authorize Kinexion to share your information with a provider you select, Kinexion will transmit only the information you approve (for example, name, contact details, and relevant movement analysis results) for the purpose of follow-up or scheduling. Once shared, the receiving provider is independently responsible for handling your information under its own policies. Kinexion is not responsible for third-party use, retention, or protection of information after it has been shared at your direction.

The Platform and all related software, models, algorithms, content, designs, trademarks, and materials are owned by Kinexion or its licensors and are protected by applicable intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial use. You may not copy, modify, distribute, sell, reverse engineer, scrape, or create derivative works from any part of the Platform without prior written consent from Kinexion.

Kinexion does not guarantee uninterrupted or error-free operation. The Platform, or any feature within it, may be modified, suspended, or discontinued at any time without notice.

The Platform is provided “as is” and “as available.” To the fullest extent permitted by law, Kinexion disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy of outputs, non-infringement, and uninterrupted availability. Movement analysis outputs are estimates and may vary based on user performance, environmental conditions, device hardware, and other technical factors. All use of the Platform is at your own risk.

To the fullest extent permitted by applicable law, Kinexion, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to personal injury, missed or delayed diagnosis, loss of data, loss of profits, or loss of opportunity, arising out of or relating to your use of the Platform. Kinexion’s total cumulative liability for any claim shall not exceed the greater of (a) the amount paid by you to Kinexion in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100).

You agree to defend, indemnify, and hold harmless Kinexion and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from (a) your use of the Platform, (b) your violation of these Terms or applicable law, (c) inaccurate information you provided, (d) phone numbers you enrolled in SMS that you were not authorized to enroll, or (e) your interactions with any third-party provider or facility.

Providers, gyms, and other facilities accessible through the Platform are independent third parties. Kinexion does not employ, control, or supervise them, does not guarantee their services, and is not responsible for their actions or omissions. Any engagement between you and a third-party provider or facility is solely between you and that party.

Kinexion may suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including violation of these Terms. You may stop using the Platform and request account deletion at any time. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) shall survive.

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Platform shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, conducted in Peoria County, Illinois. You and Kinexion waive any right to a jury trial and any right to participate in a class action, class arbitration, or representative proceeding. This provision does not bar either party from seeking injunctive relief in a court of competent jurisdiction in Peoria County, Illinois to protect intellectual property or confidential information.

Kinexion may update these Terms at any time. Updates will be reflected by a revised “Last Updated” date. Continued use of the Platform after the effective date of any update constitutes acceptance of the revised Terms where permitted by law.

• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.

• No Waiver. Kinexion’s failure to enforce any right is not a waiver of that right.

• Assignment. You may not assign these Terms without Kinexion’s prior written consent. Kinexion may assign these Terms without restriction.

• Entire Agreement. These Terms, together with the Privacy Policy and Consent forms, constitute the entire agreement between you and Kinexion regarding the Platform.

For questions about these Terms, SMS or email communications, data requests, or account issues:

Kinexion

Email: Andrew@kinexion.net

Mailing Address: 4709 W. Woodway Drive, Peoria, IL 61615

By using the Kinexion Platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.