Kinase Terms of Use

These Terms of Use (the "Terms") form a binding agreement between you and Opsin App, LLC ("Opsin App," "we," "us," or "our") and govern your access to and use of the Kinase mobile application (the "App"), our website, and the related software, features, and services we make available (together, the "Services"). Please read them carefully.

By downloading the App or otherwise using the Services, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Services. You also consent to receive these Terms, the Privacy Policy, and any notices, agreements, and disclosures from us electronically (e.g., through the App or by email) and you agree that electronic delivery satisfies any legal requirement that such communications be in writing.

1. Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will take reasonable steps to let you know, such as by posting the updated Terms with a new "Last updated" date or providing notice through the Services. Changes take effect when posted unless we say otherwise, and your continued use of the Services after that point means you accept the revised Terms. If you do not agree to a change, your remedy is to stop using the Services.

2. Who May Use the Services

The Services are intended only for individuals who are at least eighteen (18) years old. By using the Services, you represent that you are eighteen or older and are able to form a binding contract with us. The Services are not directed to children, and we do not knowingly collect information from anyone under eighteen. If we learn that we have done so in a way that applicable law does not permit, we will take reasonable steps to delete that information.

3. What Kinase Is, and Is Not

Kinase is a screen-time and habit tool. It lets you choose apps on your own device to place behind a shield, and it lifts that shield when you complete conditions you have chosen for yourself — for example recording a short video, spending time in daylight, walking a distance, or completing a workout. To do this the App uses Apple's Family Controls, Managed Settings, and Device Activity frameworks, your device's camera and microphone, and, with your permission, Apple Health and Core Location. The App processes this information on your device; it is not transmitted to or stored by Opsin App.

Kinase uses individual authorization only. It is designed to protect the device of the person using it. It is not a parental-control, employee-monitoring, or supervision product, and you may not use it to restrict or monitor another person's device except as expressly permitted by Apple and applicable law.

The Services are provided for informational and general wellness purposes only. Kinase is not a medical device, is not a provider of medical or mental-health care, and has not been evaluated, cleared, or approved by the U.S. Food and Drug Administration or any other regulator. Additional health-related disclaimers appear in Section 14.

4. Your Account

The App does not require you to create an account with us, and we do not issue or store login credentials. If you connect the App to a service that has its own account or credentials (such as your Apple ID or Apple Health), that account is governed by, and managed through, the provider of that service, and you are responsible for it. Please review your device and connected-service settings to control the App's permissions.

5. License to Use the Services

Subject to your compliance with these Terms, we grant you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to download and use the App and to access the Services for your own personal, non-commercial use. This license does not transfer any ownership interest to you, and we reserve all rights not expressly granted.

6. Our Intellectual Property

The Services, including their software, source and object code, algorithms, models, text, graphics, images, audio, user interfaces, and the selection, coordination, and arrangement of these elements (the "Kinase Materials"), are owned by Opsin App or its licensors and are protected by copyright, trademark, patent, trade-secret, and other laws. Except as these Terms allow, you may not copy, modify, distribute, publicly display, translate, reverse engineer, decompile, disassemble, scrape, or use the Kinase Materials to train machine-learning or artificial-intelligence systems, except to the extent applicable law prohibits that restriction. The Kinase and Opsin names, logos, and related marks belong to Opsin App, and you may not use them without our prior written permission.

7. Your Recordings and Your Content

You own the videos, audio, and other content you create with the App ("Your Content"). Opsin App claims no ownership of Your Content and takes no license to it. Your recordings are created, checked, and stored entirely on your device; we do not receive them, cannot access them, and do not use them for any purpose, including to train any model.

You are solely responsible for Your Content and for how you use it, including if you choose to export it from the App or publish it elsewhere. You represent that you have all rights necessary to create it and that it does not infringe or violate the rights of anyone else.

If your recordings capture any other person, or their voice, likeness, or property, you are responsible for obtaining any consent that applicable law requires. Some jurisdictions require the consent of every person to record a conversation. Do not record anyone who has not agreed to it, and do not record in any place where recording is prohibited or where others have a reasonable expectation of privacy.

The App processes the information you enter and the health, location, and Screen Time data you permit it to use on your device; Opsin App does not receive or store that information. If you send us information directly (e.g., your email address to join our waitlist, or feedback) you grant us a limited, non-exclusive license to use it for the purpose for which you provided it and as described in our Privacy Policy. You are responsible for the accuracy of what you provide.

8. App Shielding Is Not a Security Control

The App's shield is a self-imposed aid to your own intentions. It is not a security control, a lock, or a guarantee that any app will be inaccessible. Like every screen-time tool on the platform, its protection can be removed — for example by deleting the App, by revoking its Screen Time permission in your device settings, or by using another device — and it depends on operating-system features and permissions that we do not control and that may change, fail, or behave unexpectedly.

Do not rely on the App to prevent access to anything where the consequences of access matter, and do not rely on it in place of supervision, professional treatment, or any legal or safety requirement. Shielding applies only to the apps and categories you select on the device where you set it up; it does not restrict websites, other devices, or anything outside Apple's frameworks. The App does not restrict phone calls, emergency services, or system functions, and you should never rely on the App to make anything available in an emergency.

9. Rules of Use

You agree not to do any of the following, and not to help or encourage others to do them:

use the Services for any unlawful, deceptive, fraudulent, or harmful purpose;

use the Services to restrict, monitor, or surveil another person's device or activity, or to coerce or control another person;

record any person without the consent that applicable law requires, or record in any place where recording is prohibited;

use the Services to make safety-critical, medical, employment, transportation, aviation, military, emergency-response, or fitness-for-duty decisions;

interfere with, disrupt, overburden, or impair the Services or the systems that support them;

attempt to access any account, system, or data without authorization, or probe or test the security of the Services;

use any bot, scraper, crawler, or other automated means, or any manual process, to access or copy the Services or their content, or to extract data for machine-learning or AI-training purposes;

submit falsified recordings or falsified activity data in order to defeat the conditions you set;

upload or transmit malware or other harmful code;

impersonate any person or entity, or misrepresent your affiliation;

remove or alter any proprietary notices; or

use the Services in any way that infringes the rights of Opsin App or others or that violates applicable law.

We may investigate suspected violations and may suspend or terminate access as described in Section 17.

10. Connected Devices, Permissions, and Integrations

Some features rely on device permissions or third-party integrations — for example the camera, microphone, photo library, notifications, location services, Screen Time and Family Controls, and health platforms including Apple Health (HealthKit) and Apple Watch. You control which permissions you grant, though some features will not work without them. We do not control third-party devices, platforms, or data sources, and the data we receive from them may be delayed, incomplete, or inaccurate. We are not responsible for third-party products or services, or for outcomes such as device malfunctions, missed notifications, or unsafe conditions arising from them.

Activity you log manually in the App is written to Apple Health on your device at your direction. You are responsible for the accuracy of what you log, and you can review, edit, or delete those entries in the Apple Health app.

11. Shields, Timers, Notifications, and Scheduling Tools

The Services may offer shields, unlock windows, re-lock times, reminders, notifications, prompts, streaks, and similar tools. These are conveniences only. We do not guarantee that they will apply, lift, or be delivered accurately or on time, because they depend on your device, settings, connectivity, permissions, background execution limits, and other factors we do not control. Timing calculations, including local sunset, are estimates. You remain solely responsible for meeting your schedule and obligations, for access to anything you may need, and for any decision involving your safety, work, travel, or health.

12. Subscriptions, Purchases, and Trials

Some features are offered for a fee through subscriptions, in-app purchases, or premium plans. If you buy one, you agree to pay the applicable fees and taxes. Subscriptions may renew automatically at the end of each term unless you cancel beforehand, and any free trial or introductory offer may convert to a paid subscription at the standard price unless canceled before it ends. Introductory offers are available only to eligible new subscribers as determined by the App Store, and eligibility is limited to one introductory offer per subscription group. If you purchased through the Apple App Store or Google Play, you manage and cancel your subscription through that account. Apple processes all subscription payments through the App Store; Opsin App does not receive or store your payment-card information. Deleting the App does not cancel it. Except where the law or applicable store rules require otherwise, fees are non-refundable. We may change or discontinue plans, features, trials, or pricing, subject to applicable law.

13. Content You Create; Storage and Loss

Your recordings are stored on your device only. We do not back them up, and we cannot recover them. They may be lost if you delete them, delete the App, reset or lose your device, or run out of storage. If you want to keep a recording, export it or back up your device yourself. We are not responsible for any loss of Your Content.

14. Health, Wellness, and Behavioral Disclaimer

Kinase is a wellness product, not medical care. The Services do not diagnose, assess, treat, cure, monitor, or prevent any disease, disorder, or condition, and they are not a substitute for the advice or judgment of a qualified health professional. The App is not a treatment for compulsive or problematic technology use, behavioral or substance addiction, attention-deficit conditions, anxiety, depression, or any other physical or mental health condition. Consult a professional before making decisions that could affect your health, and never disregard or delay professional advice because of anything the Services provide. If you think you may have a medical emergency, contact emergency services immediately.

The activities the App may ask you to complete — including walking, workouts, and time spent outdoors — carry ordinary risks. Consult a professional before beginning or changing any exercise routine, use your own judgment about weather, sun exposure, terrain, traffic, and your own condition, and stop if you feel unwell. Never use the App, record video, or complete activities while driving or doing anything else that requires your attention.

15. No Guarantees; Individual Variability

Our features consist of tools and decision-support suggestions generated from the settings you choose, information you supply, and device and sensor data. People respond differently to habit tools, restrictions, and routines, and many factors we cannot observe (e.g., your health, environment, obligations, and behavior) affect results. We do not promise any particular outcome, including reduced screen time, changed habits, increased productivity, improved mood, greater creative output, or better wellbeing, and you should not treat our features as the sole basis for any important decision.

16. Assumption of Risk

You use the Services at your own risk and are responsible for your own decisions and safety, and for the safety of others who may be affected by your actions. You accept all the risks that come with using the Services, whether or not they are known to you, and you agree to use your own judgment and to follow the laws, regulations, and safety requirements that apply to you.

17. Suspension and Termination

We may suspend, restrict, or terminate your access to all or part of the Services at any time, with or without notice. This includes if we reasonably believe you have violated these Terms, if we are required to do so by law or a governmental or law-enforcement request, if you ask us to stop using the Services and remove the App, or if we discontinue or materially change the Services or encounter technical problems. We may also preserve and disclose information about you or your use of the Services where we reasonably believe it is necessary to comply with law or legal process, enforce these Terms, respond to claims that content violates the rights of others, prevent fraud or abuse, or protect the rights, property, or safety of Opsin App, our users, or the public. If we bring an action to enforce these Terms and prevail, we may recover our reasonable attorneys' fees and costs to the extent the law allows. We are not liable to you or any third party for suspending or terminating your access consistent with this section.

You may stop using the Services and remove the App at any time. If you stop using the Services or these Terms end for any reason, your right to use the Services stops immediately, and we will handle any personal information you provided to us, such as a waitlist email address, as described in our Privacy Policy. Sections that by their nature should continue will survive, as listed in the General section below.

18. Disclaimer of Warranties

To the fullest extent permitted by law, the Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. We disclaim the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties arising from a course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, timely, secure, accurate, complete, or error-free, that defects will be corrected, that any app will remain shielded or become available at any particular time, or that any output, such as a schedule, timer, notification, or insight, will be accurate or appropriate for you. You are responsible for evaluating the Services and deciding whether they fit your circumstances.

19. Limitation of Liability

To the fullest extent permitted by law, neither Opsin App nor its members, managers, officers, employees, contractors, agents, affiliates, or licensors will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, lost content or recordings, loss of goodwill, business interruption, personal injury, illness, death, property damage, missed messages, missed calls, missed appointments, inability to access any app or information, or similar losses, arising out of or relating to your use of or inability to use the Services, even if we were advised such damages were possible.

Except where prohibited by law, our total liability for all claims arising out of or relating to the Services will not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the amounts you paid us for the Services in the twelve (12) months before the event giving rise to the claim. Some jurisdictions do not allow certain of these limitations, so parts of this section may not apply to you; in that case our liability is limited to the greatest extent the law permits.

20. Indemnification

You agree to indemnify, defend, and hold harmless Opsin App and its members, managers, officers, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to your use or misuse of the Services, Your Content, your recording of any person, your violation of these Terms, or your violation of any law or the rights of any third party.

21. Copyright Complaints (DMCA)

We respect the intellectual-property rights of others. If you believe material available through the Services infringes a copyright you own or control, you may send a written notice to our designated agent that includes: (1) your physical or electronic signature; (2) identification of the work claimed to be infringed; (3) identification of the material claimed to be infringing and information sufficient to locate it; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law; and (6) a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner. If you believe your material was removed by mistake, you may submit a counter-notification with the corresponding information required by the Digital Millennium Copyright Act. We may remove material and terminate repeat infringers in appropriate circumstances.

Designated agent: [Name/Title], Opsin App, LLC, 21750 Hardy Oak Blvd, Suite 104 #616929, San Antonio, Texas 78258, privacy@kinaseapp.co, [Phone].

22. App Store Terms

If you obtain the App from the Apple App Store or Google Play (each, an "App Store"), your use is also subject to that App Store's terms, which control over these Terms to the extent of any conflict with respect to the App. The following apply if you obtained the App from the Apple App Store: this agreement is between you and Opsin App, not Apple; Apple has no obligation to provide maintenance or support; to the extent permitted by law, Apple has no warranty obligation and is not responsible for addressing any claims relating to the App, including product-liability, legal, regulatory, or intellectual-property claims; you represent that you are not located in an embargoed country or on a U.S. Government restricted-party list; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

23. Dispute Resolution; Binding Arbitration

Please read this section carefully; it affects how disputes are resolved. Except for (a) individual claims in small-claims court and (b) claims for injunctive or equitable relief relating to intellectual property or unauthorized use of the Services, you and Opsin App agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration administered by the American Arbitration Association under its then-current rules, rather than in court. The Federal Arbitration Act governs this section.

Arbitration will be conducted on an individual basis only. Neither you nor Opsin App may bring a claim as a plaintiff or class member in a class or representative proceeding, and the arbitrator may not consolidate claims or preside over any class or representative proceeding. You may opt out of arbitration by sending written notice to privacy@kinaseapp.co within thirty (30) days of first accepting these Terms; if you opt out, Section 24 governs your disputes.

24. Governing Law; Venue; Jury Waiver; Time to Sue

These Terms and any dispute relating to them or the Services are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. Subject to Section 23, any dispute not resolved by arbitration must be brought exclusively in the state or federal courts located in the Western District of Texas, and you consent to the jurisdiction of those courts and waive any objection to venue. To the fullest extent permitted by law, you waive any right to a jury trial in any proceeding arising out of or relating to these Terms or the Services; this waiver does not apply where it is prohibited by law. Any claim must be brought within one (1) year after it accrues, or it is permanently barred to the fullest extent allowed by law. Any dispute will be brought only in your individual capacity and not as part of any class or representative proceeding.

25. Changes to the Services

We may modify, suspend, or discontinue all or part of the Services at any time, with or without notice, including by adding or removing features, changing how conditions or unlocks work, or limiting availability in certain places. We are not liable for any change to or unavailability of the Services.

26. Feedback

If you send us feedback or suggestions, you agree that we may use them without restriction and without any obligation to you, and that such feedback is not confidential.

27. General

These Terms, together with the Privacy Policy (including the Consumer Health Data Privacy Policy) and any terms incorporated by reference, are the entire agreement between you and Opsin App regarding the Services and supersede any prior understanding on that subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them freely. Except for Apple as described in the App Store Terms section, these Terms do not create any third-party beneficiary rights. We are not liable for delays or failures caused by events beyond our reasonable control. We may give you notice through the Services or, if you have given it to us, your email address. You may not export or use the Services in violation of U.S. or other applicable export and sanctions laws. The following sections survive termination: 6, 7, 8, 12, 13, 14, 15, 16, 18, 19, 20, 21, 23, 24, 26, and this Section 27.

28. Contact Us

Questions about these Terms may be sent to Opsin App, LLC at privacy@kinaseapp.co, or for product help at support@kinaseapp.co, or by mail to Opsin App LLC, 21750 Hardy Oak Blvd, Suite 104 #616929, San Antonio, Texas 78258.