Terms and Conditions

Terms of Use

Last Updated: 04/01/2025

1. Acceptance of Terms

By accessing or using the services offered by [Company Name] (“Company,” “we,” “us,” or “our”), including our mobile application (“App”), website, or SMS text messaging (collectively the “Services”), you agree to be bound by these Terms & Conditions (“Terms”). If you do not agree to these Terms, you may not use the Services.

2. Nature of Services

  1. Kinesiology Guidance Only

    • The Services provide general kinesiology exercises, guidance, and educational content intended to help you improve your overall health and address non-emergency discomfort. It is not physical therapy and is not designed to replace a consultation with a physical therapist.

  2. No Medical Advice

    • The content we provide is not medical advice, diagnosis, or treatment, nor is it physical therapy. Always consult with a qualified healthcare provider before making changes to your exercise or treatment regimen.

  3. No Provider-Patient Relationship

    • Use of the Services does not establish a professional patient-therapist or patient-doctor relationship between you and [Company Name].

3. User Responsibilities

  1. Consult Healthcare Professionals

    • You agree to seek professional medical advice if you experience any pain, discomfort, or concerns regarding your health before attempting any exercises recommended by the Services.

  2. Personal Information Accuracy

    • You agree to provide accurate, current, and complete information about yourself when creating an account or subscribing to our SMS messaging.

  3. Security of Account

    • You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

4. Intellectual Property

  1. Ownership

    • All text, graphics, images, trademarks, logos, and other content on or available through the Services are owned or licensed by Kinetic Performance Academy.

  2. User License

    • Subject to your compliance with these Terms, [Company Name] grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes.

5. SMS Messaging

  1. Consent to Receive Text Messages

    • By opting in through our website, App, or other platforms, you agree to receive recurring automated or manual SMS text messages from Kinetc Performance Academy, including marketing messages. Message frequency may vary.

  2. Fees and Charges

    • [Company Name] does not charge for SMS messages, but your carrier’s standard message and data rates may apply.

  3. Opt-Out

    • You can reply “STOP” at any time to opt out. Reply “HELP” for help, or contact us at [Contact Information].

6. Limitations of Liability

  1. Assumption of Risk

    • You acknowledge that participation in any physical exercise carries inherent risks. You voluntarily assume all risks associated with using our kinesiology-related content and release [Company Name] from any liability related to injuries or damages.

  2. Disclaimer of Warranties

    • The Services are provided “as is” and “as available,” without warranties of any kind, either express or implied. We disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  3. No Liability

    • Under no circumstances will [Company Name] be liable for indirect, incidental, consequential, special, or exemplary damages arising from your use or inability to use the Services.

7. Indemnification

You agree to indemnify, defend, and hold harmless [Company Name], its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of or in connection with your use of the Services or violation of these Terms.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Applicable Jurisdiction]. Any dispute arising out of or related to these Terms shall be resolved exclusively by the state or federal courts located in [Applicable Jurisdiction].

9. Changes to These Terms

We may update these Terms from time to time. The date of the most recent revisions will appear at the top of this page. Continued use of the Services after such changes indicates your acceptance of the updated Terms.

10. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Kinetic Performancy Academy LLC

Hello@kineticperformanceacademy.com

59304 State Road 13, Middlebury, IN 46540