1. Acceptance of Terms
By creating an account, installing, or using the BioAlign Pro system ("Service"), you ("Customer") agree to be bound by these Terms of Service ("Terms"). If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
2. Service Description
BioAlign Pro provides AI-powered movement analysis, gait monitoring, and exercise tracking through edge computing devices deployed at Customer facilities. The Service includes hardware (edge servers), software, cloud analytics, and dashboard access.
3. Account Responsibilities
Customer is responsible for:
- Maintaining the confidentiality of account credentials
- All activities under their account
- Ensuring authorized personnel access the system
- Compliance with applicable laws and regulations at their facility
4. Permitted Use
The Service is intended for use in senior living facilities, physical therapy clinics, fitness studios, and private residences. Customer shall not:
- Reverse engineer, decompile, or disassemble any part of the Service
- Use the Service for any unlawful purpose
- Attempt to gain unauthorized access to KinovaAI Corp systems
- Resell, sublicense, or redistribute the Service without written consent
5. Data and Privacy
Data collection and handling are governed by our Privacy Policy and Data Usage Acknowledgement, which form part of these Terms. Customer is responsible for obtaining necessary consents from residents or end users at their facility.
6. Payment and Billing
Fees are billed monthly based on the selected plan and features. Payment is due upon invoice. Failure to pay may result in service suspension. Friends and family accounts are exempt from billing at the discretion of KinovaAI Corp.
7. Intellectual Property
All rights, title, and interest in the Service, including software, algorithms, models, and documentation, remain the exclusive property of KinovaAI Corp. Customer retains ownership of their facility-specific configuration and operational data.
8. Liability Waiver and Healthcare Disclaimer
The BioAlign Pro system is NOT a medical device, NOT FDA-approved for diagnostic purposes, and is NOT intended to replace professional medical advice, diagnosis, or treatment. The system is designed as a wellness and movement monitoring tool only.
BioAlign Pro does NOT replace:
- Traditional healthcare or medical examinations
- Physical therapy prescribed by licensed practitioners
- Professional fall risk assessments
- Any other professional medical or therapeutic service
Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition. If a resident, patient, or user experiences a medical emergency, call emergency services immediately.
9. Assumption of Risk
Customer acknowledges that:
- Physical movement carries inherent risks
- Movement analysis technology has limitations and may not detect all abnormalities
- Automated alerts and fall risk scores are supplementary tools, not definitive medical assessments
- The system may produce false positives or false negatives
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINOVAAI CORP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM USE OF THE SERVICE.
This includes but is not limited to damages arising from reliance on system outputs as medical advice, failure to seek appropriate medical care, physical activities performed based on system recommendations, or system downtime, errors, or inaccuracies in movement analysis.
11. Indemnification
Customer agrees to indemnify and hold harmless KinovaAI Corp from any claims, damages, or expenses arising from Customer's use of the Service, including but not limited to claims from residents, patients, clients, or their families.
12. Facility Responsibility
Customer acknowledges that they remain solely responsible for the health, safety, and medical care of all individuals at their facility. The BioAlign Pro system supplements but does not replace existing care protocols, staffing requirements, or professional oversight.
13. Termination
Either party may terminate the agreement with 30 days written notice. KinovaAI Corp may suspend or terminate service immediately for breach of these Terms. Upon termination, Customer's access to the Service and dashboard will be revoked.
14. Modifications
KinovaAI Corp reserves the right to modify these Terms. Material changes will be communicated via the dashboard or email. Continued use after notification constitutes acceptance of modified Terms.
15. Governing Law
These Terms shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions.
16. Contact
For questions about these Terms, contact us at [email protected].