Kini Terms of Service
1. Who we are
Kini (the "App") is provided by Amy Brumet and Nadia Kiamilev, operating jointly as a partnership under German law, at Groninger Str. 37, 13347 Berlin, Germany ("Kini", "we", "us", "our").
Contact: team@getkini.app
We are not currently an incorporated company. If we incorporate, we may transfer these Terms and our operation of the App to that company, and we will tell you before we do.
2. Agreeing to these Terms
By creating an account, signing in, or using the App, you agree to these Terms and to our Privacy Policy, which forms part of them. If you do not agree, do not create an account and do not use the App.
We present these Terms to you at sign-up. Continuing past that screen is your acceptance. We keep a record of the version you accepted and when.
3. Who can use Kini
You must be at least 18 years old to use the App. By using it you confirm that you are.
You may hold one account for your own personal, non-commercial use. Do not share your sign-in credentials or let anyone else use your account. You are responsible for activity that happens under your account.
4. What Kini is
Kini is a personal activity and strength training log. It lets you record workouts, plans, exercises, and one-off activities, review your history, and optionally view step counts and recorded period days from Apple Health alongside that history.
The App is currently provided free of charge. We may introduce paid features in the future. If we do, we will tell you in advance, and paid features will be optional and governed by additional terms you accept separately.
5. Kini is not medical, health, or fitness advice
Please read this section carefully. It is important.
Kini is a record-keeping and information tool. It is not a medical device, and it does not provide medical, clinical, diagnostic, therapeutic, nutritional, physiotherapeutic, or professional fitness advice.
Specifically:
- Nothing in the App is a substitute for advice from a qualified physician, physiotherapist, dietitian, or certified trainer.
- We do not assess your fitness to exercise, screen you for injury or illness, supervise your form, or adapt anything to your medical circumstances.
- Any figures, histories, charts, records, or educational content in the App are informational only. They are not a recommendation to train, to lift a given weight, to continue, or to stop.
- If you have a medical condition, are pregnant or postpartum, are recovering from injury or surgery, or are unsure whether an activity is safe for you, consult a qualified healthcare professional before using the App to guide any part of your activity.
- If you experience pain, dizziness, shortness of breath, chest discomfort, or any other warning sign during exercise, stop and seek medical attention. Do not rely on the App.
Assumption of risk. Physical exercise, and strength training in particular, carries an inherent risk of injury, including serious injury. You decide what to do, how much to lift, and when to stop. You use the App and undertake any activity you record in it voluntarily and at your own risk.
6. Period context is not cycle tracking
If you choose to connect Apple Health, the App can display period days that you have already recorded in Apple Health next to your activity history.
This feature:
- displays only what you recorded elsewhere. It does not predict, estimate, or infer anything.
- does not identify cycle phases, ovulation, a fertile window, or a due date.
- is not a fertility, contraception, family planning, or pregnancy tool, and must never be used as one.
- does not score, rate, or adjust your training, recovery, or readiness.
- makes no medical claim about your cycle or its relationship to your activity.
You remain solely responsible for any decision you make about your health, your cycle, or your training.
7. Your data and your content
The workouts, plans, exercises, activities, and notes you record are yours. You keep all rights in them.
You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, back up, and display that content, solely so that we can operate the App for you, sync it between your devices, and provide support you ask for. This licence exists only to run the service. It ends when you delete the content or your account, subject to the retention periods in our Privacy Policy.
We do not sell your data. See the Privacy Policy for the full detail.
8. Local storage, sync, and backups
Kini is offline-first. Your data is written to a database stored on your device, and completed workouts, activities, plans, and exercises are then synchronised to our servers in the background when you are online.
You should understand the following:
- Some data never leaves your device. Draft entries, in-progress workouts, app settings, and any Apple Health data (including steps and period days) are stored locally only and are not synchronised or backed up by us.
- Sync is best effort. It depends on your connection, your device, and third-party infrastructure. We do not guarantee that every record is synchronised, or synchronised immediately.
- We are not a backup service. Deleting the App, resetting or losing your device, or a device or software fault may result in permanent loss of data that has not synchronised. Keep your own copies of anything you cannot afford to lose.
9. Availability and changes to the App
We are a small independent team and the App is under active development. We may add, change, suspend, or remove features, and we may interrupt the service for maintenance, security, or technical reasons, with or without notice.
We do not promise that the App will be available at any particular time, uninterrupted, error free, or compatible with every device or operating system version. We may end the App entirely. If we decide to shut it down, we will give you reasonable advance notice and a way to export your data where we reasonably can.
10. Acceptable use
You agree not to:
- use the App for any unlawful purpose, or in breach of these Terms;
- access another person's account, or attempt to;
- probe, scan, or test the security of the App or our infrastructure, or circumvent any authentication, rate limiting, or access control;
- reverse engineer, decompile, or disassemble the App, except to the extent that applicable law expressly permits this despite this restriction;
- scrape, harvest, or extract data from the App by automated means, or use it to build a competing product;
- upload content that is unlawful, infringing, abusive, or that contains malware;
- interfere with, overload, or disrupt the App or its supporting infrastructure; or
- resell, sublicense, or commercially exploit the App or access to it.
11. Our intellectual property
The App itself, including its software, source code, design, interface, brand, name, logo, and written content, belongs to us or our licensors. These Terms give you a personal, limited, revocable, non-transferable, non-exclusive licence to use the App on devices you own or control, for your own personal use, in line with these Terms and the applicable app store rules. No other rights are granted.
Feedback you send us is welcome. If you send it, you allow us to use it freely and without obligation to you.
12. Third-party services
The App relies on services we do not control, including Apple (Sign in with Apple, the App Store, and Apple Health), our hosting and authentication provider, our email delivery provider, our product analytics provider, and our build and update provider. Their terms and privacy policies apply to their part of the service. We are not responsible for those services or their availability.
Apple Health data is provided by your device under permissions you grant and can revoke in iOS Settings at any time.
13. Suspension and termination
By you. You may stop using the App at any time and delete your account from within the App. Deletion is described in the Privacy Policy.
By us. We may suspend or terminate your access, with notice where reasonably practicable, if you materially breach these Terms, if we are required to by law, or if your use poses a security or legal risk to us or to other users. Where the breach is capable of being fixed, we will normally give you an opportunity to fix it first.
Sections 5, 6, 7, 8, 11, 14, 15, 16, 17, 18, 19, and 20 survive termination.
14. Disclaimer of warranties
To the fullest extent permitted by applicable law, the App is provided "as is" and "as available", and we disclaim all warranties, conditions, and representations of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, or non-infringement.
We do not warrant that the App will meet your requirements, that its content or calculations are accurate or complete, that it will operate without interruption or error, or that defects will be corrected.
If you are a consumer in the European Union, the United Kingdom, or another jurisdiction that grants you non-waivable statutory rights, this section does not limit those rights. Your statutory rights in respect of a free digital service, including the statutory conformity and remedy rights under German law, remain unaffected and apply in addition to anything stated here.
15. Limitation of liability
Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit); liability under the German Product Liability Act (Produkthaftungsgesetz) or equivalent mandatory product liability law; a breach of a guarantee we expressly gave; or any other liability that applicable law does not permit us to limit or exclude.
Subject to the paragraph above, and to the fullest extent permitted by applicable law:
- We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, business opportunity, or anticipated savings.
- We are not liable for loss or corruption of data, except where that loss results from our breach of a material contractual obligation, and in that case our liability is limited to the loss that was foreseeable and typical for a service of this kind. You are responsible for keeping your own copies of important data.
- We are not liable for any injury, harm, or health outcome arising from physical activity you undertake, from decisions you make about training, health, or your cycle, or from reliance on information displayed in the App, to the extent this is permitted by law and subject to the first paragraph of this section.
- Where we breach a material contractual obligation (Kardinalpflicht), meaning an obligation whose fulfilment makes proper performance of these Terms possible in the first place and on whose fulfilment you may routinely rely, our liability is limited to foreseeable damage typical for this type of contract.
- Our total aggregate liability to you for all claims arising out of or relating to the App, however caused, is limited to the greater of: the total amount you paid us for the App in the twelve months before the event giving rise to the claim (which, while the App is free, is zero), or EUR 100.
The App is provided free of charge. This is reflected in the allocation of risk set out above.
16. Indemnity
To the extent permitted by applicable law, and other than where you are acting as a consumer whose mandatory local law says otherwise, you agree to indemnify and hold us harmless from any third-party claim, loss, liability, or reasonable cost (including reasonable legal fees) arising from your unlawful use of the App, your breach of these Terms, or your infringement of the rights of another person.
17. Apple App Store terms
These Terms are between you and us, not with Apple, and Apple is not responsible for the App or its content.
- Your licence to use the App is a non-transferable licence to use it on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (which is zero). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Apple is not responsible for addressing any claim by you or a third party relating to the App, including product liability, legal or regulatory non-compliance, or consumer protection claims.
- Apple is not responsible for the investigation, defence, settlement, or discharge of any third-party claim that the App infringes intellectual property rights.
- You confirm that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
18. Governing law and disputes
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a consumer, this choice of law does not deprive you of the protection of any mandatory provisions of the law of the country where you habitually reside.
If you are a consumer, you may bring proceedings in the courts of your habitual residence or in the courts of Berlin, Germany. We may bring proceedings against you only in the courts of your habitual residence, except where mandatory law permits otherwise.
If you are not a consumer, the exclusive place of jurisdiction is Berlin, Germany.
19. Changes to these Terms
We may update these Terms. If a change is material, we will give you reasonable advance notice, by email or in the App, before it takes effect, and we will ask you to accept the new version.
If you do not accept a material change, you may stop using the App and delete your account before the change takes effect. Continuing to use the App after that date means you accept the updated Terms. Non-material changes, such as fixing a typo or clarifying wording, take effect when we publish them.
Every version carries a version number and effective date at the top of this page.
20. General
Severability. If any provision is held invalid or unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed, and the remaining provisions stay in force.
No waiver. If we do not enforce a right, that is not a waiver of it.
Assignment. You may not transfer your rights under these Terms. We may transfer ours to a successor or affiliate, including a company we incorporate, on notice to you.
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the App, and replace any earlier understanding on the subject.
Language. These Terms are provided in English. Any translation is for convenience, and the English version prevails to the extent applicable law allows.
21. Contact
Amy Brumet and Nadia Kiamilev
Groninger Str. 37, 13347 Berlin, Germany
team@getkini.app