Terms of Service and End-User License Agreement

By downloading, installing, or using the Kynso mobile application ("App"), you agree to be bound by this End-User License Agreement ("Agreement"). If you do not agree to these terms, do not use the App. This Agreement is between you and Kynso ("Company," "we," or "us"), and not with Apple Inc. or Google LLC.

2. License Grant & Restrictions

Kynso grants you a revocable, non-exclusive, non-transferable, limited license to install and use the App strictly for your personal, non-commercial use.

You strictly shall not:

• Decompile, reverse engineer, disassemble, or attempt to derive the source code or AI models of the App.
• Rent, lease, lend, sell, or sublicense the App.
• Use the App to develop a competing product.

3. Medical Disclaimer & Assumption of Risk

Assumption of Risk: You expressly acknowledge that physical exercise involves inherent risks of injury. By using Kynso to log or execute weight training sets, cardiovascular sessions, mobility routines, health metrics, or any physical activity, you voluntarily assume all risks associated with such activities. You agree to consult a physician before beginning any new fitness program prescribed by the App.

4. User-Generated Content & Acceptable Use

The App allows you to create, post, or share user-generated content ("UGC"). You retain all ownership rights to your UGC. However, to operate the App and promote our community, Kynso requires certain licenses from you based on the privacy settings of your UGC:

• Private UGC: For content you create that is explicitly hidden from other users or intended solely for your personal tracking (e.g., private workout logs, personal weight metrics), you grant Kynso a limited license to host, store, and render this data within the platform for your personal use. Additionally, you grant Kynso the right to anonymize this data (stripping it of all personally identifiable information) and use the resulting aggregated data for internal analytics, algorithm training, and service improvement. We will not use Private UGC for external marketing.
• Public UGC & Promotional License: For content you voluntarily make available to other users (e.g., public profile photos, community leaderboard posts, publicly shared workout routines), you grant Kynso a worldwide, royalty-free, perpetual, and sublicensable license to use, reproduce, display, and distribute this Public UGC both within the App and in external advertising, marketing, and promotional materials across any media.
• Acceptable Use: You agree not to post UGC that is illegal, abusive, harassing, or infringes on the intellectual property rights of others. Kynso reserves the right, at its sole discretion, to remove any UGC and terminate the accounts of users who violate these terms.

5. Intellectual Property Rights

All rights, title, and interest in and to the App, including all software code, designs, algorithms, and the "Kynso" trademark, remain the exclusive property of Kynso and its licensors.

6. Limitation of Liability

7. Governing Law & Binding Arbitration

• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
• Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to this Agreement shall be settled by binding arbitration in Toronto, Ontario, conducted in English.
• Class Action Waiver: YOU AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST KYNSO IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

8. App Store & Google Play Minimum Terms

• Apple Users: Apple has no obligation to furnish any maintenance or support services with respect to the App. Apple is a third-party beneficiary of this Agreement and will have the right to enforce it against you.
• Google Users: Your use of the App must comply with Google Play’s Terms of Service. Google is not responsible for addressing any claims relating to the App.