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Terms of Use

Last updated: August 29, 2026

These Terms of Use ("Terms") are an agreement between you and Jacob Gold ("we," "us"), governing your use of Kinetic (the "Service"). By creating an account or using Kinetic, you agree to these Terms. If you don't agree, don't use Kinetic.

Eligibility

You must be at least 13 years old and a resident of the United States to use Kinetic. By creating an account, you confirm this is true and that the information you provide is accurate.

Kinetic is in beta

Kinetic is an early-stage product under active development. Features can change, break, or be removed without notice, and we don't guarantee uninterrupted availability. Back up anything irreplaceable to you.

Health and fitness notice

Kinetic is a training journal and coaching aid, not a medical device or medical provider. Training plans, nutrition estimates, and AI-generated suggestions are general information only — not medical advice, and not a substitute for a qualified physician, dietitian, or other health professional. Consult a professional before beginning or changing an exercise or nutrition program, especially if you have an existing medical condition. You use any workout, nutrition, or other guidance from Kinetic at your own risk, and you assume full responsibility for your health and physical safety while doing so.

Your account

You're responsible for keeping your login credentials secure and for all activity under your account. Tell us right away at the contact below if you suspect unauthorized access.

Your content

You own the workouts, photos, posts, and other content you submit to Kinetic ("your content"). By posting it, you grant Jacob Gold a non-exclusive, worldwide, royalty-free license to host, store, reproduce, and display your content solely to operate and provide the Service to you and, for anything you mark public or share with a Circle, to the other athletes you've shared it with. You confirm you have the rights to post whatever you submit, and that it doesn't violate anyone else's rights or the law.

AI-generated content

Workouts, nutrition estimates, recipes, and other AI-generated output are produced automatically and can be inaccurate, incomplete, or unsuitable for your situation — including miscounted calories, incorrect ingredient recognition, or unsafe training suggestions. Review AI output before relying on it, and use your own judgment. Kinetic provides this output "as is," with no warranty of accuracy.

Community conduct

Don't use Kinetic's social features to harass, threaten, impersonate, or bully other athletes, post unlawful or infringing content, spam, scrape or bulk-collect data, attempt to bypass usage limits or security controls, or otherwise interfere with the Service or other users. We may remove content, restrict features, or suspend or terminate accounts that violate this, with or without notice.

Termination

You can delete your account at any time from Profile settings. We may suspend or terminate your access if you violate these Terms, misuse the Service, or if we discontinue Kinetic. Sections of these Terms that by their nature should survive termination (ownership, disclaimers, limitation of liability, dispute resolution) will continue to apply.

Intellectual property

Kinetic's software, design, and branding are owned by Jacob Gold and protected by intellectual property law. Nothing in these Terms grants you rights to Kinetic's trademarks, source code, or branding beyond using the Service as intended.

Disclaimer of warranties

Kinetic is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the Service will be uninterrupted, secure, or error-free, or that AI-generated or nutrition/fitness content will be accurate.

Limitation of liability

To the maximum extent permitted by law, Jacob Gold will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising from your use of Kinetic — including any injury related to a workout, nutrition plan, or other guidance obtained through the Service. Jacob Gold's total liability for any claim arising from these Terms or the Service is limited to the greater of $100 or the amount you paid Jacob Gold in the 12 months before the claim arose (currently $0, as Kinetic is free to use).

Indemnification

You agree to indemnify and hold Jacob Gold harmless from any claim or demand, including reasonable attorneys' fees, arising from your misuse of the Service, your content, or your violation of these Terms.

Dispute resolution & arbitration

If a dispute arises, contact us first at the email below — most issues can be resolved directly. If we can't resolve it informally within 30 days, you and Jacob Gold agree that any remaining dispute will be resolved by binding individual arbitration rather than in court, and that neither of us will bring a claim as a class action or in a representative capacity. This section doesn't apply to small-claims-court actions or to intellectual property claims. You may opt out of this arbitration agreement by emailing the address below within 30 days of first creating your account, stating that you opt out.

Governing law

These Terms are governed by the laws of the State of Idaho, without regard to conflict-of-law rules. Subject to the arbitration agreement above, you agree to the exclusive jurisdiction of the state and federal courts located in Idaho for any dispute not subject to arbitration.

Changes to these terms

We may update these Terms as Kinetic evolves. If we make material changes, we'll update the "Last updated" date and, where appropriate, notify you in the app. Continuing to use Kinetic after changes take effect means you accept the updated Terms.

General

If any provision of these Terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision isn't a waiver of it. These Terms are the entire agreement between you and Jacob Gold regarding Kinetic. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

Contact

For questions about these terms, email jake@goldware.io or visit Kinetic Support.