Terms of Use

Last updated October 18, 2026

1. About these terms

These terms are an agreement between you and Kinda Smart Inc., the company behind KinesteX ("we", "us"), about using the MotionPass app and this website (together, "MotionPass"). By creating an account or using MotionPass, you agree to them. If you don't agree, please don't use MotionPass.

Our Privacy Policy explains what data we collect and how we use it. It's part of these terms.

2. Who can use MotionPass

You need to be at least 13 years old, or older if the law where you live requires it to use apps like this without a parent's consent. If you're under 18, a parent or guardian should agree to these terms with you.

3. Health and safety

Please read this part carefully.

• MotionPass is not medical advice and isn't a medical device. Nothing in it diagnoses, treats or prevents any condition.
• Talk to a doctor first if you're pregnant, have a heart, joint, back or other health condition, are recovering from an injury, or aren't sure whether push-ups, squats, sit-ups, jumping jacks or burpees are safe for you.
• Stop right away if you feel pain, dizziness, shortness of breath or discomfort, and get medical help if you need it.
• Make space. Exercise on a stable, non-slip floor, clear of furniture, people and pets. Stand your phone up somewhere it can't fall.
• Pick a workout that suits you. You choose the exercises and reps, and can change them any time in Settings. Don't push past what's safe for you to unlock an app.

You exercise at your own risk. To the extent the law allows, we aren't responsible for injuries or health problems that come from exercising with MotionPass.

4. How the lock works, and your control over it

MotionPass uses Apple's Screen Time to lock the apps and categories you pick, every day at the lock time you set, until you finish that day's workout. It's a tool to help you build a habit, and you stay in charge:

• Take a break to open your apps for a while, or skip a day when you need to.
• Change your locked apps, workout or lock time any time in Settings.
• Delete your account, turn off MotionPass's Screen Time access in iPhone Settings, or delete the app to remove every lock.
• iOS always lets you make emergency calls, even while apps are locked.

Screen Time is run by Apple, and iOS updates, phone settings or bugs can sometimes stop a lock from starting or ending on time. Please don't rely on MotionPass for anything critical: don't lock apps you might need for safety, health, work or getting around. We aren't responsible for messages, calls or anything else you miss while an app is locked.

5. Rep counts and other numbers

KinesteX's AI counts reps and scores form from your camera. It's accurate when it can see your whole body, but it can miss or misread reps. Poor lighting, camera angle or loose clothing make that more likely. Calories and form scores are estimates, too. Don't rely on them for medical or safety decisions.

6. Your account

• Give accurate information and keep your password safe. You're responsible for what happens in your account.
• An account is for one person. Don't share it or sign in as someone else.
• Tell us at support@kinestex.com if you think someone else is using your account.

7. Using MotionPass fairly

Please don't:

• break the law, or use MotionPass to harm anyone;
• try to hack, overload or reverse-engineer MotionPass or KinesteX, or get around its security;
• use bots, recorded videos or other tricks to fake workouts in ways that affect other people or our services;
• copy, sell or redistribute the app or its content.

8. Price and changes to the app

MotionPass is free to download and use. If we ever add paid features, we'll tell you the price clearly first, and you'll never be charged without agreeing to it through Apple.

We keep improving MotionPass, so features may change, and some may be added or removed. Workouts need an internet connection. We'll try to keep MotionPass available, but it may sometimes be down for maintenance or because of problems outside our control.

9. Your content

The information you put into MotionPass, such as your profile and the notes you write when you skip a day, belongs to you. You let us store and use it only to run MotionPass for you, as described in the Privacy Policy.

10. Our app and content

MotionPass, KinesteX and their designs, software, exercise content and names belong to Kinda Smart Inc. and its licensors. We give you a personal, non-transferable license to use the app on Apple devices you own or control, for your own non-commercial use, under these terms and Apple's App Store rules.

11. Other services

MotionPass relies on services from Apple (App Store, Sign in with Apple, Screen Time), Google Firebase, KinesteX and PostHog. Their own terms may also apply to you. We aren't responsible for services we don't run.

12. Apple and the App Store

These terms are between you and us, not Apple. Apple isn't responsible for MotionPass or its content. Apple has no obligation to provide maintenance or support for the app; if you need help, contact us. If MotionPass fails to meet any warranty that applies by law, you can tell Apple, and Apple will refund the purchase price, if any. Beyond that, Apple has no warranty obligation for the app. Apple isn't responsible for handling any claims about MotionPass, including product liability claims, claims that it fails to meet legal or regulatory requirements, consumer-protection claims, or claims that it infringes someone else's intellectual property. We are responsible for those, as these terms describe. You confirm that you aren't in a country under a U.S. government embargo or on a U.S. government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

13. No warranties

We work hard on MotionPass, but we provide it "as is" and "as available". To the extent the law allows, we don't promise that it will be error-free, always available, or that its counts and estimates will be exact.

14. Limits on our liability

To the extent the law allows, we aren't liable for indirect, incidental, special or consequential damages, or for lost data, profits or opportunities, that come from using or not being able to use MotionPass. Our total liability for any claim about MotionPass is limited to USD 100. Some places don't allow these limits, so they may not all apply to you. Nothing in these terms limits liability that can't be limited by law, such as for fraud or for death or injury caused by negligence.

15. Ending your use

You can stop using MotionPass at any time. Delete your account in Settings → Delete account, then delete the app. We may suspend or close an account that seriously or repeatedly breaks these terms. Where we reasonably can, we'll tell you first.

16. Changes to these terms

We may update these terms as MotionPass changes. We'll change the date at the top, and tell you in the app before an important change takes effect. If you keep using MotionPass after that, you agree to the new terms. If you don't agree, you can delete your account.

17. The law that applies

These terms are governed by the laws of the United States and of the state where Kinda Smart Inc. is incorporated, apart from their conflict-of-law rules. If you live in another country, you keep any protections its consumer laws give you. If something goes wrong, please email us first. Most problems can be solved quickly that way.

18. Contact

support@kinestex.com
Kinda Smart Inc., the company behind KinesteX