1. Acceptance of Terms
Welcome to Kinecta. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Kinecta Pty Ltd ("Kinecta," "we," "us," or "our") governing your access to and use of the Kinecta platform, including our website, web application, mobile applications, and all related services (collectively, the "Service").
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
These Terms include our Privacy Policy, which is incorporated by reference. By using the Service, you also consent to the collection and use of your information as described in our Privacy Policy.
2. Description of Service
Kinecta is a comprehensive wellness platform designed to facilitate connections between allied health professionals and their clients. The Service includes:
2.1 For Health Professionals
- Client management and relationship tools
- Meal plan and workout program creation and assignment
- AI-powered content generation assistance
- Client progress tracking and analytics
- Communication and feedback tools
- Goal setting and monitoring capabilities
2.2 For Clients
- Personal wellness tracking (weight, measurements, nutrition, workouts)
- Access to assigned meal plans and workout programs
- Goal setting and progress monitoring
- Journal and reflection tools
- AI-powered coaching insights (Jesse)
- Communication with connected health professionals
2.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
3. Eligibility
To use the Service, you must:
- Be at least 16 years of age (or the age of majority in your jurisdiction)
- Have the legal capacity to enter into a binding agreement
- Not be prohibited from using the Service under applicable laws
- Provide accurate and complete registration information
If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Health professionals must hold valid, current credentials and registrations as required by their profession and jurisdiction. By registering as a health professional, you represent that you meet all applicable licensing and registration requirements.
4. Account Registration
4.1 Account Creation
To access certain features of the Service, you must create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access or use
4.2 Account Types
The Service offers different account types:
- Client Accounts: For individuals tracking their wellness journey
- Professional Accounts: For allied health professionals managing clients
- Organization Accounts: For practices and clinics with multiple professionals
4.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials. You agree to use strong, unique passwords and enable additional security features when available. We recommend enabling two-factor authentication for enhanced security.
4.4 Account Sharing
Account sharing is prohibited. Each user must have their own account. Sharing login credentials may result in account suspension or termination.
5. Subscriptions and Payments
5.1 Subscription Plans
The Service is offered through various subscription plans with different features and pricing. Details of current plans are available on our pricing page. Free trials may be offered at our discretion.
5.2 Billing
- Subscription fees are billed in advance on a monthly or annual basis
- All fees are quoted in Australian Dollars (AUD) unless otherwise specified
- Fees are non-refundable except as required by law or as expressly stated in these Terms
- You authorize us to charge your designated payment method for all applicable fees
5.3 Price Changes
We may modify subscription fees at any time. Price changes will take effect at the start of your next billing cycle. We will provide at least 30 days' notice of any price increases.
5.4 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings.
5.5 Refunds
Refund requests are handled on a case-by-case basis. If you are dissatisfied with the Service, please contact us within 14 days of your initial subscription or renewal. Refunds may be granted at our discretion, subject to applicable consumer protection laws.
5.6 Failed Payments
If payment fails, we may retry the charge and/or suspend your access to paid features until payment is successfully processed. We may terminate your subscription after multiple failed payment attempts.
6. User Conduct
You agree to use the Service in compliance with these Terms and all applicable laws. You agree NOT to:
6.1 Prohibited Activities
- Violate any applicable laws, regulations, or third-party rights
- Use the Service for any illegal, harmful, or fraudulent purpose
- Impersonate any person or entity or misrepresent your affiliation
- Provide false, misleading, or inaccurate information
- Harass, abuse, threaten, or intimidate other users
- Upload or transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to any part of the Service
- Interfere with or disrupt the Service or servers
- Scrape, data mine, or use automated tools to access the Service
- Reverse engineer, decompile, or disassemble any part of the Service
- Remove or alter any proprietary notices or labels
- Use the Service to compete with Kinecta
- Resell or sublicense access to the Service without authorization
6.2 Content Standards
All content you submit or share through the Service must:
- Be accurate and not misleading
- Not infringe any intellectual property rights
- Not contain defamatory, obscene, or offensive material
- Not promote illegal activities or violence
- Comply with applicable professional standards (for health professionals)
7. Health Professional Terms
If you register as a health professional, the following additional terms apply:
7.1 Professional Qualifications
- You represent that you hold valid credentials and registrations required for your profession
- You agree to maintain current registration with relevant professional bodies
- You will promptly notify us if your credentials are suspended, revoked, or subject to restrictions
- You acknowledge that Kinecta does not verify professional credentials
7.2 Professional Responsibilities
- You are solely responsible for the advice, guidance, and services you provide to clients
- You must comply with all applicable professional standards, codes of conduct, and ethical guidelines
- You must maintain appropriate professional liability insurance
- You must obtain appropriate consent from clients before using the Service
- You are responsible for ensuring compliance with applicable health records legislation
7.3 Client Relationships
- The professional-client relationship is solely between you and your clients
- Kinecta is not a party to your professional relationships
- You are responsible for setting appropriate boundaries and expectations with clients
- You must handle client data in accordance with applicable privacy laws
7.4 AI-Generated Content
When using AI-powered features to generate meal plans, workout programs, or other content:
- You must review and approve all AI-generated content before sharing with clients
- You are responsible for ensuring content is appropriate for each client
- AI-generated content is provided as a starting point and should be customized as needed
- You remain professionally responsible for all content you provide to clients
8. Client Terms
If you use the Service as a client, the following additional terms apply:
8.1 Health Professional Relationships
- Kinecta facilitates connections but does not provide health services
- Your relationship with health professionals is independent of Kinecta
- You should verify the credentials of any health professional you connect with
- Any disputes with health professionals should be resolved directly with them
8.2 Data Sharing
- By connecting with a health professional, you consent to sharing your wellness data with them
- You can disconnect from a health professional at any time
- Disconnecting will prevent future data sharing but may not delete previously shared data
8.3 Self-Directed Use
If using the Service without a connected health professional:
- You are responsible for your own wellness decisions
- The Service provides tools and information but not professional advice
- You should consult qualified health professionals for personalized advice
9. User Content
9.1 Your Content
"User Content" includes all information, data, text, and materials you submit to the Service. You retain ownership of your User Content, but by submitting it, you grant Kinecta:
- A non-exclusive, worldwide, royalty-free license to use, store, display, and process your User Content as necessary to provide the Service
- The right to create anonymized, aggregated data from your User Content for analytics and service improvement
9.2 Content Responsibility
You are solely responsible for your User Content. You represent and warrant that:
- You have all rights necessary to submit and share your User Content
- Your User Content does not violate any laws or third-party rights
- Your User Content is accurate and not misleading
9.3 Content Moderation
We reserve the right to review, remove, or disable access to any User Content that violates these Terms or that we find objectionable, without prior notice.
9.4 Backup
While we take measures to protect your data, you are responsible for maintaining your own backups of important information.
10. Intellectual Property
10.1 Kinecta's Intellectual Property
The Service, including its design, features, content, and underlying technology, is protected by copyright, trademark, and other intellectual property laws. Kinecta and its licensors retain all rights, title, and interest in the Service.
10.2 Trademarks
"Kinecta," our logo, and other marks are trademarks of Kinecta Pty Ltd. You may not use our trademarks without our prior written consent.
10.3 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.
10.4 Feedback
If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate the Feedback into our products and services.
11. AI-Powered Features
The Service includes AI-powered features, including but not limited to meal plan generation, workout program generation, and the Jesse AI coaching assistant.
11.1 Nature of AI Content
- AI-generated content is created algorithmically based on inputs and parameters
- AI content should be reviewed before use and may require modification
- AI systems may produce inaccurate, incomplete, or inappropriate content
- AI-generated content is not a substitute for professional judgment
11.2 Limitations
- AI features are provided "as is" without guarantees of accuracy or appropriateness
- We do not warrant that AI content will be suitable for any particular purpose
- Users are responsible for verifying and adapting AI-generated content
11.3 Data Use
Your inputs to AI features may be processed by third-party AI providers. We do not use your personal health data to train general AI models. See our Privacy Policy for more information.
12. Health Disclaimers
IMPORTANT: Please read this section carefully.
12.1 Not Medical Advice
The Service, including all content, features, and AI-generated materials, is provided for informational and tracking purposes only. The Service does NOT provide:
- Medical advice, diagnosis, or treatment
- Professional health services
- Emergency medical services
- Substitute for professional medical care
12.2 Consult Professionals
Always seek the advice of qualified health professionals with any questions regarding medical conditions, nutrition, exercise programs, or wellness concerns. Never disregard professional medical advice or delay seeking it because of information obtained through the Service.
12.3 Emergency Situations
If you think you may have a medical emergency, call your doctor, emergency services, or your local emergency number immediately. Kinecta is not an emergency service provider.
12.4 Physical Activity Risks
Physical exercise carries inherent risks. Before beginning any exercise program, consult with a qualified health professional, especially if you have any pre-existing health conditions. You assume all risks associated with physical activities undertaken based on information from the Service.
12.5 Nutritional Information
Nutritional information and meal plans provided through the Service are general in nature. Individual nutritional needs vary based on many factors. Consult a qualified dietitian or nutritionist for personalized dietary advice.
13. Limitation of Liability
13.1 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KINECTA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Any loss of profits, revenue, data, or business opportunities
- Any damages arising from your use of or inability to use the Service
- Any damages arising from unauthorized access to your account or data
- Any damages arising from third-party conduct or content
13.3 Cap on Liability
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100 AUD.
13.4 Basis of the Bargain
The limitations in this section reflect a reasonable allocation of risk and are a fundamental basis of the agreement between you and Kinecta.
13.5 Consumer Rights
Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law or other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement.
14. Indemnification
You agree to indemnify, defend, and hold harmless Kinecta, its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any laws or third-party rights
- Your professional services (for health professionals)
- Any dispute between you and your clients or health professionals
15. Termination
15.1 Termination by You
You may terminate your account at any time by:
- Canceling your subscription through account settings
- Contacting us to request account deletion
Upon termination, your right to use the Service will immediately cease.
15.2 Termination by Kinecta
We may suspend or terminate your account at any time, with or without notice, for any reason, including:
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- Non-payment of fees
- Extended periods of inactivity
- Upon request by law enforcement or government agencies
- Discontinuation of the Service
15.3 Effect of Termination
Upon termination:
- Your license to use the Service terminates
- You remain liable for any outstanding fees
- We may delete your data in accordance with our data retention policies
- Provisions that by their nature should survive will continue to apply
15.4 Data Export
You may request a copy of your data before terminating your account. Contact us to arrange data export.
16. Dispute Resolution
16.1 Governing Law
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles.
16.2 Informal Resolution
Before initiating formal dispute resolution, you agree to contact us and attempt to resolve any dispute informally. Most disputes can be resolved through good-faith communication.
16.3 Jurisdiction
For any disputes not resolved informally, you agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
16.4 Time Limitation
Any claim or cause of action arising from or related to these Terms or the Service must be filed within one (1) year after the claim arose, or it will be permanently barred.
16.5 Class Action Waiver
To the extent permitted by law, you agree to resolve disputes on an individual basis and waive any right to bring or participate in class actions, collective actions, or representative proceedings.
17. Changes to Terms
We may modify these Terms at any time. When we make changes:
- We will update the "Last updated" date at the top of these Terms
- For material changes, we will provide notice through the Service or via email
- Changes take effect when posted unless otherwise specified
- Continued use of the Service after changes constitutes acceptance
If you do not agree to modified Terms, you should discontinue use of the Service and cancel your account.
18. General Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Kinecta regarding the Service.
18.2 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.
18.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
18.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
18.5 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights.
18.6 Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, government actions, or internet outages.
18.7 Notices
We may send notices to you via email, through the Service, or by posting on our website. You may send notices to us at the contact information below.
18.8 Language
These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.