KineMo Terms of Use

Last updated on Aug 7^th 2025: subject to annual review and upon product changes

Please read these Terms of Use carefully prior to using the KineMo Mobile Applications. These Terms of Use govern your (the “Customer”) use of any applications or services owned or controlled by KineMo Limited, a company incorporated under the laws of Ireland (registration number 747143) (“KineMo”) as updated or supplemented from time to time.

In consideration of payment by you of the agreed licence fee and you agreeing to abide by these Terms of Use, we grant to you a non-exclusive, non-transferable licence to use the KineMo Mobile Applications subject to these Terms of Use and the KineMo Privacy Policy. By downloading any KineMo Mobile Applications, you agree to these Terms of Use and they shall form a legally binding contract between KineMo and you. If you do not agree to these terms, do not download or use the KineMo Mobile Applications.

These Terms of Use consist of the terms and conditions set out below together with the terms set out in the KineMo Privacy Policy (as may be amended from time to time).

Apple's/Android Terms and Conditions: The ways in which you can use the KineMo Mobile Applications may also be subject to Apple's rules (https://www.apple.com/legal/privacy/) and policies ( https://www.apple.com/legal/internet-services/itunes/) or those of Google (https://www.google.com/accounts/hosted/en/standard_terms.html) as appropriate. In circumstances where there is a conflict between these Terms of Use and those of Apple's/Google’s/other’s rules and policies, Apple's/Google’s rules and policies will apply.
Operating system requirements: KineMo Mobile Applications require a functioning up-to-date Apple/Android mobile device with the latest operating system (“Device”) that has been jailbroken (e.g. vendor restrictions removed) and has no other applications that would interfere with KineMo Mobile Applications.
You may not use the KineMo Mobile Applications with any Device that has any unauthorised or modified version of the Apple/Android software.
Charges: You are responsible for payment of any costs or expenses incurred as a result of downloading and using any KineMo Mobile Applications, including any operator network, data usage and roaming charges. You are also responsible for charges as identified in your subscription licence agreement with KineMo.
How you may use the KineMo Mobile Applications: Subject to these Terms of Use, KineMo will use commercially reasonable efforts to provide Customer the Services and reasonable technical support in accordance with the Service Level Terms in your subscription license agreement.
You are responsible for ensuring you have the right to upload any videos or other information to KineMo Mobile Applications, and for any other information you choose to store directly on your device.
In return for you agreeing to comply with these Terms of Use you may:
1. download or access via the internet a copy of the KineMo Mobile Applications onto your compatible Device and view, use and display the KineMo Mobile Applications and the service on such Devices for your personal use only; and
2. receive and use any free supplementary software code or update of the KineMo Mobile Applications incorporating "patches" and corrections of errors as we may provide to you.
You may not transfer the KineMo Mobile Applications to someone else: We are giving you the right to use the KineMo Mobile Applications by granting a personal licence to use same to you. You may not transfer, assign or copy the KineMo Mobile Applications to another party, whether for money, for anything else or for free. If you sell any device on which the KineMo Mobile Applications are installed, you must remove the KineMo Mobile Applications from it prior to such sale.
If someone else owns the Device you are using: If you download or stream the KineMo Mobile Applications onto any Device not owned by you, you must have the owner's permission to do so and by using the KineMo Mobile Applications you represent and warrant to KineMo that you own or have permission to use the Device. You will be responsible for complying with these Terms of Use, whether or not you own the device.
Protecting Personal Information: We only use any personal data we collect through your use of the KineMo Mobile Application in the ways set out in our Privacy Policy. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using KineMo Mobile Applications may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. You are responsible for ensuring your internet connection is secure.
Third-party applications, services or sites: KineMo Mobile Applications may enable you to link or connect you to use functionalities of third-party applications, services or sites that are not owned or controlled by KineMo (collectively "Third Party Applications"). Any Third Party Applications are subject to the terms and conditions of the relevant third party provider. KineMo has no control over and is not responsible or liable for any matters relating to your dealings or transactions with such third parties, any costs incurred by you in accessing such Third Party Applications or any content that you may receive or view via such Third Party Applications.
Reverse Engineering: You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of any KineMo Mobile Applications. You will not copy any part of the KineMo Mobile Applications or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of KineMo Mobile Applications to any third party. You may not use any software, device, automated process, or any similar or equivalent manual process to scrape, copy, or perform measurement, analysis, or monitoring of, any portion of the KineMo Mobile Applications.
KineMo rights: You acknowledge that KineMo (or it’s licensors) own all right, title and interest in and to KineMo Mobile Applications and to the related software and all relevant intellectual property rights thereto and so the rights in the KineMo Mobile Applications are licensed (and not sold) to you. You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within the KineMo Mobile Applications.
Acceptable use restrictions: You must and agree that you shall at all times:
1. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the KineMo Mobile Applications;
2. not use the KineMo Mobile Applications in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the KineMo Mobile Applications or any operating system;
3. not infringe our intellectual property rights or those of any third party in relation to your use of the KineMo Mobile Applications, including by the submission of any material (to the extent that such use is not licensed by these Terms of Use);
4. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the KineMo Mobile Applications;
5. not use the KineMo Mobile Applications in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
6. not collect or harvest any information or data from any KineMo Mobile Applications or our systems or attempt to decipher any transmissions to or from the servers running any KineMo Mobile Applications.
We may end your rights to use the KineMo mobile applications if you break these Terms of Use: We may end your rights to use the KineMo Mobile Applications at any time without notice if you have broken these Terms of Use. If we end your rights to use the KineMo Mobile Applications:
1. you must stop all activities authorised by these Terms of Use, including your use of KineMo Mobile Applications;
2. you must delete or remove KineMo Mobile Applications from all devices in your possession and immediately destroy all copies of KineMo Mobile Applications which you have and confirm to us that you have done this.
Updates and changes to the KineMo Mobile Applications: From time to time we may automatically update KineMo Mobile Applications and change the service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update KineMo Mobile Applications for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using KineMo Mobile Applications. KineMo mobile applications will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.
Changes to these Terms of Use: We may, without any liability to you, change or modify these Terms of Use without notice at any time. Your continued use of KineMo Mobile Applications following any modifications to these Terms of Use will be deemed acceptance of any such modifications. If you do not accept and abide by these Terms of Use, you may not use KineMo Mobile Applications or download or use any related software.
Our responsibility for loss or damage suffered by you:
1. KineMo shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by KineMo or by third-party providers, or because of other causes beyond KineMo’s reasonable control, but KineMo shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, KineMo does not warrant that the services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the services.  Except as expressly set forth in this section, the services and implementation services are provided “as is” and KineMo’s disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Customer acknowledges system is for movement performance assessment and tracking and is not to be used for medical diagnosis, prevention, monitoring, treatment or alleviation of any disease/ailment.
  Subject to the remainder of this paragraph 16, KineMo and its suppliers, officers, affiliates, representatives, contractors and employees shall not be responsible or liable with respect to any subject matter of these Terms of Use or terms and conditions related thereto under any contract, negligence, strict liability or other theory: (i) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business; (ii) for any indirect, exemplary, incidental, special or consequential damages; (iii) for any matter beyond KineMo’s reasonable control; or (iv) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by customer to KineMo’s for the KineMo Mobile Applications under these Terms of Use in the 12 months prior to the act that gave rise to the liability, in each case, whether or not KineMo has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to you.
2. We are responsible to you for direct, foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use or our failing to use reasonable care and skill in providing the Services. Under no circumstances shall KineMo be liable, whether in contract, tort (including negligence), for breach of statutory duty, or any other legal theory, arising under or in connection with these Terms of Use for any: (a) loss of profits; (b) loss of sales or business; (c) loss of agreements or contracts; (d) loss of anticipated savings; (e) loss of revenue; (f) loss of use or corruption of software, data or information; (g) loss of or damage to goodwill; (h) business interruption; or (i) indirect or consequential loss, even if it had been advised of, knew, or should have known, of the possibility thereof.
3. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
4. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum KineMo system requirements advised by us.
5. We are not liable for business losses. If you use the KineMo Mobile Applications for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity under these Terms of Use.
6. Limitations to the KineMo Mobile Applications. KineMo Mobile Applications are provided for general information only. They do not offer advice or information on which you should solely rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the KineMo Mobile Applications. Although we make reasonable efforts to update the information provided by the KineMo Mobile Applications and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. KineMo is not liable for any actions taken or not taken based on the information provided via the KineMo Mobile Applications.
7. Check that the KineMo Mobile Applications are suitable for you. The KineMo Mobile Applications have not been developed to meet your individual requirements. Please check that the facilities and functions of the app and the services meet your requirements.
8. We are not responsible for events outside our control. If our provision of the services or support for the KineMo Mobile Applications is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any services you have paid for but not received.
We may transfer this contract to another party: We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else: You may only transfer or assign your rights or your obligations under these Terms of Use to another person if we agree in writing prior to such transfer or assignment.
No rights for third parties: These terms of use do not give rise to any rights to third parties to enforce any of these terms of use.
Illegality: If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Delay in enforcement: Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Language: Some content may not be available in your local language.
Support for KineMo mobile applications and how to tell us about problems‍
1. If you want to learn more about KineMo, please visit www.kine-mo.com.
2. If you think KineMo Mobile Applications are faulty or mis-described or you wish to contact us for any other reason please contact KineMo via the website Contact.
3. If we have to contact you we will do so by email, using the contact details you have provided to us.
Governing law and jurisdiction: To the full extent permitted by statutory consumer rights (as applicable), these Terms of Use are governed by the laws of Ireland. You further consent to the jurisdiction of the Irish courts.
Confidentiality; Proprietary Rights:
1. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of KineMo includes non-public information regarding features, functionality, pricing and performance of the Service. Proprietary Information of Customer includes non-public data provided by Customer to KineMo to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.  
2. Customer shall own all right, title and interest in and to the Customer Data as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Services. KineMo shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing. KineMo may collect, use and process Customer's data only accordance with KineMo's online privacy policy which the customer acknowledges they have reviewed.   
3. Notwithstanding anything to the contrary, KineMo shall have the right to collect and analyse data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and KineMo will be free (during and after the term hereof) to (i) use such anonymized information and data to improve and enhance the platform’s models, Services and for other development, diagnostic and corrective purposes in connection with the Services and other KineMo offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. Any intellectual property in any materials, data and insights created on or behalf of KineMo which are based on, or created or derived from the data vest in KineMo absolutely immediately on creation. No rights or licenses are granted except as expressly set forth herein.   
4. Where permission is explicitly granted, non-anonymized video data of participant movements will also be retained on an ongoing basis as it allows for product improvement through model training and evaluation. 
Payment of Fees: Customer will pay KineMo the Fees in accordance with the terms applicable thereto as set out in your subscription licence agreement with KineMo. 
Term and Termination: Subject to earlier termination as provided below, these Terms of Use shall apply to you for the Initial Service Term of 1 Year or as otherwise stated in any signed subscription licence agreement with KineMo, and shall be automatically renewed for additional periods of the same duration as the Initial Service Term (collectively, the “Term”), unless either party requests termination at least thirty (30) days prior to the end of the then-current term.
In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of non-payment), if the other party materially breaches any of the terms or conditions of these Terms of Use and/or the terms of your subscription licence agreement with KineMo. Customer will pay in full all Fees for the Services up to and including the last day on which the Services are provided. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, and limitations of liability.
In the case of monthly payment plans, the minimum subscription commitment is 12 months. If a customer wishes to cancel their subscription prior to having completed their first 12 payment instalments, they may do so but will be invoiced at point of cancellation for the outstanding payments from the initial 12 months term.
Upon termination of these Terms of Use KineMo will: (i) terminate KineMo’s a your use and access to the KineMo Mobile Applications and the Services, and you will remain liable for all amounts due to KineMo up to and including the date of termination; and/or (ii) terminate your license to use the KineMo Mobile Applications.
KineMo further reserves the right to modify, suspend, or discontinue the KineMo Mobile Applications (or any part, features or content thereof) at any time with or without notice to you, and KineMo will not be liable to you or to any third party should it exercise such rights. To the extent possible, KineMo will warn you in advance of any modification, suspension or discontinuance of the KineMo Mobile Applications.
Definitions: In these Terms of Use the following terms have the following meanings:
- Apple means Apple Inc. One Apple Park Way, Cupertino, California or any other subsidiary, holding company or subsidiary of a holding company or company under common control of Apple Inc.
- Customer Data means data provided by you via the KineMo Mobile Applications.
- Fees means then applicable fees for the Services and Implementation Services.
- Google means Alphabet Inc., Google Ireland Limited or any other subsidiary, holding company or subsidiary of a holding company or company under common control of Alphabet Inc. or Google Ireland Limited
- Initial Service Term means the initial period during which you shall be entitled to access the KineMo Mobile Applications and the Services subject to these Terms of Use and the KineMo Privacy Policy
- KineMo Mobile Applications: Means KineMo Limited’s proprietary mobile and software applications and services provided to its customers and end users;
- KineMo Privacy Policy means KineMo’s privacy policy available upon request via the website: Contact.
- Services means the services provided to you through the KineMo Mobile Applications

SCHEDULE A: Service Level Terms

SUPPORT REQUESTS 
1. Troubleshooting 
  - You must first work through any applicable Support Troubleshooting Guides provided on KineMo’s portal prior to submitting any Support Request to KineMo.
  - If you are unable to resolve any actual or suspected issue having worked through the Support Troubleshooting Guide, you must submit a reasonably detailed Support Request to KineMo’s Support via the website: Contact. 
2. Qualified Employees 
  You must provide on KineMo’s request suitably qualified and informed Personnel to provide assistance and information to KineMo, including with respect to knowledge or control of matters that may assist KineMo in performing its obligations under this agreement. 
3. KineMo Response
  KineMo will determine the nature, potential severity and impact of the issue giving rise to your Support Request and consistent with your product type, KineMo will during the Hours of Service investigate the problem and respond to you where reasonably practicable within one Business Day from the time of reporting and will, as and when necessary, provide you with the following information by email response: (a) an outline of the problem; (b) the proposed corrective action; and (c) to the extent possible, the proposed timeframe for performing such corrective action. 
EXCLUDED SERVICES 
The following matters are outside the scope of the Software Maintenance Services: (a) any maintenance services in respect of superseded versions of the Software; (b) correction of errors caused by operation of the Software in a manner other than that expressly authorised by this agreement or the documentation; (c) consulting and training services; (d) making changes to the Software designed to provide functionality not specified in the documentation or this agreement; (e) reviewing or advising in relation to the method of use of the Software or its integration with any of your systems or processes; (f) maintenance of any computers, hardware, software, networks and other equipment and services necessary to access and make use of the software.