Terms of service

Agreement

Kinetic is made by Matthew Harrison ("we", "us"). These terms of service ("Terms") are an agreement between you and Matthew Harrison. They cover the Kinetic iPhone app (the "App") and this website, kinetic.site. By downloading or using the App, you agree to these Terms. If you don't agree, please don't use Kinetic.

You must be at least 13 years old to use Kinetic. If you're under 18, or under the age of majority where you live, you need permission from a parent or guardian.

Apple's standard license agreement

Kinetic is distributed through Apple's App Store. Your use of the App is also governed by Apple's Licensed Application End User License Agreement (the "Standard EULA"). These Terms add to the Standard EULA. If the two conflict, these Terms apply, except that nothing in these Terms reduces Apple's rights under the Standard EULA.

You also agree that:

• These Terms are between you and us, not Apple. We, not Apple, are solely responsible for the App and its content.
• Apple has no obligation to provide maintenance or support for the App. We provide support: email us at mrussellharrison@gmail.com.
• If the App fails to meet an applicable warranty, you can notify Apple, and Apple will refund the purchase price (if any). To the maximum extent the law allows, Apple has no other warranty obligation for the App.
• Apple isn't responsible for handling any claims relating to the App or your use of it, including product liability claims, claims that the App doesn't meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws, including in connection with the App's use of Apple Health (HealthKit).
• If anyone claims the App or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
• You must follow any third-party terms that apply when you use the App, such as your mobile data plan.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and can enforce them against you.
• You confirm you're not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and aren't on any U.S. government list of prohibited or restricted parties.

Your license to use Kinetic

We give you a personal, non-exclusive, non-transferable, revocable license to use the App on Apple devices you own or control, as permitted by the usage rules in Apple's Media Services Terms and Conditions and these Terms. The App is licensed to you, not sold.

You may not copy, modify, distribute, sell or rent the App, or reverse engineer it or try to extract its source code, except where the law allows this despite these Terms.

Subscription, price and automatic renewal

The renewal terms in brief: Kinetic is an annual subscription. It costs $19.99 a year (or the equivalent shown in your local App Store), plus any applicable tax. It renews automatically every year, at the then-current price, until you cancel. You can cancel at any time: open Settings, tap your name, then tap Subscriptions. There's no minimum commitment beyond the year you've already paid for.

• Billing. Payment is charged to your Apple Account through the App Store when you confirm your purchase. We don't process payments and never see your payment card details.
• Renewal. Your subscription renews automatically unless you cancel at least 24 hours before the end of the current period. Apple charges your Apple Account for the renewal within the 24 hours before the period ends.
• Checking your renewal. You can see your renewal date and price at any time in your iPhone's subscription settings (open Settings, tap your name, then tap Subscriptions).
• Price changes. If the price changes, you'll be told in advance, as Apple's rules and the law require, and you can cancel before the new price applies.
• Refunds. Refunds are handled by Apple under Apple's policies. You can request one at reportaproblem.apple.com. We can't issue refunds directly. If you're in the EU or UK, you may also have a legal right to cancel a purchase within 14 days, which Apple handles.

The October 2026 launch offer

Anyone who joins Kinetic during October 2026 is grandfathered in free, meaning they won't be charged the subscription price. If you joined in October 2026 and are ever charged for Kinetic, email us at mrussellharrison@gmail.com and we'll help put it right.

Cancelling

You can cancel at any time on your iPhone: open Settings, tap your name, then tap Subscriptions. Cancelling is online and immediate, with no extra steps from us. When you cancel, you keep access until the end of the period you've paid for, and you won't be charged again. Deleting the App doesn't cancel your subscription. Partial periods aren't refunded, except where Apple's policies or the law say otherwise.

Acceptable use

Please use Kinetic for what it's for: tracking your own activity. You agree not to:

• use Kinetic to break any law, or to track another person without their knowledge and consent
• interfere with, disrupt or try to gain unauthorized access to the App, the limited API described in our privacy policy, or this website
• reverse engineer, copy or resell the App, except where the law allows
• use automated means to access the limited API or this website in a way that overloads or abuses them

Not medical advice

Kinetic is a general activity and wellness tracker. It's not a medical device, and it isn't intended to diagnose, treat, cure, monitor or prevent any disease or condition.

Information in Kinetic, including heart rate, sleep, workouts, calories and anything on this website or our blog, is for general information only. It isn't medical advice. Always talk to a doctor or other qualified health professional about your health, before starting a new exercise or diet program, and if you have any symptoms or concerns. Don't ignore professional advice or delay getting it because of something you saw in Kinetic. In an emergency, call your local emergency number.

Accuracy of steps, places and calories

Kinetic's figures are estimates. They come from your iPhone's motion sensors, location services and Apple Health, and they can be incomplete or wrong. For example:

• Steps and movement can be miscounted, especially if your iPhone isn't on you.
• Places and trips depend on location accuracy and can be missed, merged or misnamed. Place names come from Apple Maps and may be wrong. Location logging pauses or turns off in some situations, such as Low Power Mode.
• Calories are calculated estimates, not measurements.
• Sleep, workouts and heart rate are read from Apple Health and are only as accurate as the devices and apps that recorded them.

Don't rely on Kinetic for anything where accuracy is critical, such as medical, safety, legal or navigation decisions.

Your data and privacy

How we handle your information is explained in our privacy policy, which is part of these Terms. In short: we'll never sell your data, we never see your activity data, we never receive your location data (only Apple Maps does, to show maps and place names), and your health data stays on your iPhone.

You're responsible for your device, its passcode and your iCloud account. If you lose your iPhone or delete the App without an iCloud backup, we can't recover your data, because we don't have it.

Third-party services

Kinetic works with services provided by Apple, including the App Store, Apple Health, iCloud and Apple Maps, and, if we introduce it, with the limited API described in our privacy policy. These services are governed by their own terms and policies, and we aren't responsible for them.

Intellectual property

The App, this website and their content, design, software and trademarks, including the Kinetic name and logo, belong to Matthew Harrison or his licensors and are protected by law. These Terms don't give you any rights to them except the license above.

If you send us feedback or ideas, we may use them without any obligation to you.

Warranty disclaimer

To the fullest extent the law allows, Kinetic is provided "as is" and "as available", and we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We don't promise that Kinetic will be uninterrupted, error-free or accurate, or that it will meet your needs.

Some places don't allow these disclaimers, so some of them may not apply to you. Nothing in these Terms limits rights you have under consumer protection laws that can't be waived, including statutory rights for digital content in the EU and UK.

Limitation of liability

To the fullest extent the law allows, we aren't liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or goodwill, arising from or related to your use of Kinetic.

To the fullest extent the law allows, our total liability for any claim relating to Kinetic is limited to the greater of the amount you paid for Kinetic in the 12 months before the claim and $50.

These limits don't apply to liability that can't be limited by law, such as liability for death or personal injury caused by negligence, for fraud, or under consumer laws that can't be waived.

Termination

You can stop using Kinetic at any time by deleting the App and cancelling your subscription.

We may suspend or end your license to use Kinetic if you seriously or repeatedly break these Terms. If we stop offering Kinetic altogether, we'll give reasonable notice where we can. Sections that by their nature should continue after termination, including the disclaimers, limitation of liability and governing law, will continue.

Governing law and disputes

These Terms are governed by the laws of the United States and of the state in which Matthew Harrison resides, without regard to conflict-of-law rules. Disputes will be handled in the state or federal courts of that state, except that you can always bring a claim in small claims court where you live. Before starting a formal dispute, please email us at mrussellharrison@gmail.com so we can try to resolve it informally. If you live in a country whose consumer laws give you the right to bring claims in your local courts or under your local law, nothing in these Terms takes that away.

Changes to these Terms

We may update these Terms from time to time. If we do, we'll update the effective date at the top, and for material changes we'll give you notice before they take effect, for example in the App or on this website. Changes won't apply retroactively, and they won't change the price of a subscription period you've already paid for. If you keep using Kinetic after changes take effect, you accept the updated Terms. If you don't agree, you can stop using Kinetic and cancel your subscription.

General

These Terms, together with the privacy policy and the Standard EULA, are the entire agreement between you and us about Kinetic. If any part of these Terms is found unenforceable, the rest stays in effect. If we don't enforce a part of these Terms, that doesn't mean we've waived it. You can't transfer your rights under these Terms. We may transfer ours, for example as part of a merger or acquisition, as long as your rights aren't reduced.

Contact

Questions, complaints or claims about Kinetic? Get in touch:

• Name: Matthew Harrison
• Email: mrussellharrison@gmail.com
• Postal address: available on request at mrussellharrison@gmail.com