Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) are an agreement between you and Kinetiq One (“Kinetiq One,” “we,” “us,” or “our”). They govern your access to and use of the Kinetiq One website, mobile applications, and related services (together, the “Services”).

By creating an account, joining a team or family, downloading an application, or otherwise using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services. If you use the Services for an organization, team, or other entity, you represent that you have authority to accept these Terms on its behalf.

2. Eligibility and youth users

You must be able to form a binding contract where you live to create an account on your own. Users ages 13 through 17 may use an account only with permission from a parent or legal guardian and subject to any higher minimum age selected by their team. By permitting a minor to use an account, the parent or guardian accepts these Terms for the minor and is responsible for their use.

Children under 13 may not create their own Kinetiq One account. An authorized parent, guardian, coach, or team administrator may create and manage an accountless player profile for a child as needed for team participation. The adult must have the authority and any consent required to provide that child's information.

We require an accurate date of birth for every account and player profile. We use it to confirm eligibility, apply any minimum age a team has set, provide age-appropriate features, and apply the age-based advertising protections described in “Advertising” below and in our Privacy Policy. Providing a false date of birth, or entering an inaccurate one for a child, defeats protections that exist for minors and is a violation of these Terms.

3. Accounts and security

You agree to provide accurate, current information and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for activity under your account. Do not share passwords, recovery codes, private join codes, or authentication tokens with anyone who should not have them.

Tell us promptly at admin@kinetiqone.com if you believe your account or a code has been compromised. You may not impersonate another person, create an account using information you are not authorized to use, or access another person's account without permission.

4. Teams, families, and administrators

The Services let people create and manage teams, families, rosters, schedules, announcements, chats, attendance, and related information. Roles and permissions determine what members can see and do. Team and family administrators are responsible for assigning access appropriately, managing codes carefully, and obtaining authorization before adding or sharing information about players, family members, or other participants.

Kinetiq One does not direct or control the independent decisions of coaches, organizations, team administrators, or other users, including team selection, participation, playing time, event safety, transportation, supervision, or offline conduct. Disputes about those decisions should be addressed with the responsible person or organization.

5. Acceptable use

You may not use the Services to:

• break the law or encourage unlawful, fraudulent, or dangerous activity;
• harass, threaten, exploit, abuse, or discriminate against another person;
• sexualize, groom, exploit, or endanger a child or share child sexual abuse material;
• share another person's private information without authorization;
• infringe intellectual property, privacy, publicity, or other rights;
• send spam, malicious code, or deceptive communications;
• circumvent permissions, security controls, rate limits, or access restrictions;
• scrape, crawl, reverse engineer, or use automated means to access the Services without our written permission;
• interfere with the Services or another person's ability to use them; or
• use the Services to develop or train a competing product, model, or algorithm.

We may investigate suspected violations and remove content, restrict features, suspend accounts, preserve evidence, or notify appropriate authorities when reasonably necessary to protect users, the public, or the Services.

6. Your content

You retain ownership of content you submit to the Services, including messages, photos, announcements, comments, and team or family information (“User Content”). You represent that you have the rights and permissions needed to submit that content and make it available to the people you select through the Services.

You grant Kinetiq One a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, format, and otherwise process User Content only as reasonably necessary to provide, secure, support, and maintain the Services, comply with law, and follow your instructions. This license ends when the content is deleted from our systems, except where retention is permitted under our Privacy Policy or required by law.

This license does not give us the right to use customer data or User Content to train our algorithms, whether AI-based or not. We do not claim ownership of your User Content.

You understand that content you share may be seen, saved, or reshared by authorized team or family members. Use permissions and visibility controls carefully. We are not responsible for a user's actions outside the Services after they lawfully receive content.

7. Our Services and intellectual property

Kinetiq One and its licensors own the Services, including the software, design, branding, documentation, and content we provide. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose.

Except as these Terms allow, you may not copy, modify, distribute, sell, lease, sublicense, or create derivative works from the Services. Feedback you voluntarily provide may be used without restriction or compensation, but it does not include your User Content or personal information.

8. Third-party services

The Services may rely on or link to third-party services such as sign-in providers, maps, device notification services, application stores, and websites. Their terms and privacy practices apply to your use of their services. Kinetiq One does not control and is not responsible for third-party services.

If you downloaded the application from Apple's App Store or Google Play, the applicable store's rules also apply. The store provider is not responsible for providing or supporting Kinetiq One.

9. Paid services

Some Services may be offered for a fee in the future. We will present applicable prices, billing intervals, renewal terms, taxes, cancellation rights, and any additional purchase terms before charging you. Unless stated otherwise at purchase, fees are non-refundable except where required by law. You authorize us and our payment provider to charge the payment method you select according to the terms shown at purchase.

10. Advertising

The Services do not currently display advertising. We reserve the right to display advertising or sponsored content in the future, including advertising selected using personal information about adult users. If we do, we will provide advance notice and follow our Privacy Policy, which explains what information may be used and the choices available to you.

The following limits apply to any advertising we introduce, and we make them binding commitments rather than statements of intent:

• We will not display advertising of any kind to a user under 13.
• We will not display personalized advertising to any user under 18. This includes behavioral advertising, retargeting, cross-context tracking, advertising profiles or audience segments, and the sale or sharing of a minor's personal information for advertising purposes.
• We will not disclose a child's personal information to advertisers, advertising networks, or data brokers.

We apply these limits using the date of birth associated with the account that is signed in, which is why an accurate date of birth is required. Advertising, if shown, will be identified as such. An advertisement or sponsorship is not an endorsement by Kinetiq One of any advertiser, product, or service, and your dealings with an advertiser are between you and that advertiser.

If we introduce advertising, it will be part of how the Services are provided and supported. There will be no setting to disable advertising, and continued use of the Services means accepting that advertising may be shown to you. If you do not want to see advertising, your remedy is to stop using the Services, or to purchase an ad-free plan if one is offered at that time. Nothing in this paragraph limits any right you have under privacy law to opt out of personalized advertising, the sale or sharing of your personal information, or targeted advertising; exercising such a right changes how advertising is selected for you rather than whether advertising appears. Our Privacy Policy explains how to exercise those rights.

Nothing in this section obligates us to introduce advertising, and nothing in it permits us to use customer content to train our algorithms, which we do not do.

11. Suspension and termination

You may stop using the Services at any time. You may request account deletion by contacting us, subject to the retention terms in our Privacy Policy. Team or family administrators may remove memberships or change access within groups they manage.

We may suspend or terminate access, remove content, or restrict functionality if we reasonably believe you violated these Terms, created risk or legal exposure, failed to pay an applicable fee, or used the Services in a way that could harm another person or the Services. When practical, we will provide notice and an opportunity to resolve the issue. We may also discontinue all or part of the Services with reasonable notice when circumstances permit.

Provisions that by their nature should survive termination will survive, including ownership, disclaimers, liability limits, indemnity, dispute, and general provisions.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KINETIQ ONE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ACCURATE, OR ERROR-FREE.

Kinetiq One is a coordination and communication service. We do not organize, supervise, insure, or guarantee the safety of sports, activities, events, travel, or interactions between users. You are responsible for evaluating and managing risks associated with participation. Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINETIQ ONE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID KINETIQ ONE FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100.

These limitations do not apply to liability that cannot be limited under applicable law. Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.

14. Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Kinetiq One and its affiliates, officers, employees, and agents from third-party claims, damages, losses, and reasonable costs arising from your User Content, your misuse of the Services, or your material violation of these Terms or another person's rights. This obligation does not apply to the extent a claim results from Kinetiq One's own unlawful conduct, negligence, or breach of these Terms, and it does not limit rights that cannot be waived under consumer law.

15. Disputes and applicable law

Before filing a formal claim, you and Kinetiq One agree to try in good faith to resolve the dispute informally. Send a written description of the issue and requested resolution to admin@kinetiqone.com. If the dispute is not resolved within 30 days, either party may pursue available remedies.

These Terms are governed by applicable law, without regard to conflict-of-law principles, except where the law where you live requires otherwise. Any court proceeding must be brought in a court with lawful jurisdiction over the parties and the dispute. Nothing in these Terms prevents either party from seeking relief in small-claims court when eligible or from seeking urgent relief to protect safety, confidential information, or intellectual property.

16. Changes to these Terms

We may update these Terms as the Services or applicable laws change. We will post the updated Terms here and revise the effective date. If a change materially affects your rights, we will provide additional notice when required. Your continued use of the Services after the updated Terms take effect means you accept them. If you do not agree, you must stop using the Services.

17. General terms

These Terms and the Privacy Policy are the entire agreement between you and Kinetiq One about the Services unless a separate written agreement applies. If a provision is unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver.

You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition, reorganization, or sale of assets, or by operation of law. These Terms do not create an agency, partnership, employment, or joint venture, and they do not give rights to anyone other than you and Kinetiq One.

18. Contact us

Questions about these Terms can be sent to admin@kinetiqone.com.