Terms of service

Terms of Service

Effective Date: January 2026

These Terms of Service (“Terms”) govern your access to and use of the Kinetic Arm website, including all products, services, content, features, and functionality offered through www.thekineticarm.com (the “Site”).

By accessing the Site and/or purchasing from Kinetic Arm, you agree to be bound by these Terms, as well as any additional policies referenced herein, including our Privacy Policy, Shipping & Delivery Policy, and Returns, Refunds & Exchange Policy (collectively, the “Policies”).

If you do not agree to these Terms, you may not access or use the Site.

Kinetic Arm reserves the right to update or modify these Terms at any time without prior notice. Changes will be effective upon posting to the Site. Your continued use of the Site constitutes acceptance of any updates.

1. Eligibility

You must be at least the age of majority in your jurisdiction to use this Site. If you are under the age of majority, you may only use the Site under the supervision and consent of a parent or legal guardian.

By using this Site, you represent that you meet these eligibility requirements.

2. Use of the Site

You agree to use this Site only for lawful purposes and in accordance with these Terms.

You may not:

  • Use the Site in violation of any local, state, federal, or international law

  • Interfere with the security or operation of the Site

  • Upload or transmit viruses, malware, or malicious code

  • Attempt unauthorized access to any portion of the Site

  • Use automated systems (bots, scrapers, crawlers) without written consent

  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without express written permission

We reserve the right to suspend or terminate access to the Site for violations of these Terms.

3. Product Information & Accuracy

We make reasonable efforts to ensure that product descriptions, pricing, images, and other content are accurate. However, we do not guarantee that all information on the Site is complete, current, or error-free.

Product colors and images may vary depending on device display settings.

We reserve the right to correct any errors, inaccuracies, or omissions and to update information at any time without prior notice.

4. Pricing, Availability & Order Acceptance

All prices are subject to change without notice.

We reserve the right to:

  • Modify or discontinue products at any time

  • Limit quantities of any product

  • Refuse or cancel orders at our discretion

Order confirmation does not constitute acceptance of an order. We reserve the right to cancel or limit orders for reasons including, but not limited to, inventory availability, pricing errors, suspected fraud, unauthorized transactions, or shipping restrictions.

If an order is canceled after payment has been processed, a refund will be issued to the original payment method.

5. Billing & Payment

You agree to provide current, complete, and accurate billing and payment information.

We reserve the right to refuse or cancel any order suspected of fraud, unauthorized activity, or payment issues.

You authorize Kinetic Arm to charge your selected payment method for all purchases and applicable taxes, shipping, and fees.

6. Shipping, Returns & Warranty Policies

Your purchase is subject to our posted Policies, including:

  • Shipping & Delivery Policy

  • Returns, Refunds & Exchange Policy

  • Limited Warranty Policy

Please review these Policies carefully prior to purchase, as they govern eligibility, timelines, and conditions for returns, exchanges, refunds, and warranty claims.

7. Health, Medical & Performance Disclaimer

Kinetic Arm products are performance-based athletic support gear and are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

The information provided on this Site is for general informational purposes only and is not medical advice. You should consult a physician or qualified healthcare provider before using any product if you have a medical condition, injury, pain, or concerns about your health.

Individual results may vary. Kinetic Arm does not guarantee specific performance outcomes, injury prevention results, or symptom relief.

8. Third-Party Services & Links

The Site may include access to third-party tools, services, or links. These are provided “as is” without warranties or endorsements.

Kinetic Arm is not responsible for the content, policies, or practices of third-party websites or services.

Your use of third-party services is at your own risk and subject to their terms.

9. User Content, Testimonials & Social Media Submissions

If you submit, upload, post, tag, mention, or otherwise provide content to Kinetic Arm — including but not limited to reviews, testimonials, photographs, videos, social media posts, comments, direct messages, contest entries, or other materials (“User Content”) — you grant Kinetic Arm a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, modify, edit, adapt, publish, distribute, display, perform, and create derivative works from such User Content in any media now known or later developed.

This includes, without limitation, use for:

  • Website content

  • Product pages

  • Social media platforms

  • Email marketing

  • Paid advertisements

  • Promotional materials

  • Print and digital campaigns

  • Investor, retailer, or partnership materials

You acknowledge and agree that:

  1. You own or otherwise control all rights necessary to grant this license.

  2. You have obtained permission from any individuals appearing in the content.

  3. The content does not infringe any intellectual property, privacy, publicity, or other legal rights.

  4. The content is truthful and reflects your honest experience.

  5. You are at least 18 years of age.

  6. Kinetic Arm is not obligated to provide compensation for use of User Content.

  7. Kinetic Arm is not required to credit you when using the content.

Kinetic Arm reserves the right to edit, remove, refuse, or discontinue use of User Content at its discretion.

Testimonials and user experiences reflect individual results. Individual results may vary and are not guaranteed.

Hashtag & Social Media Consent (#kineticarmy)

By tagging, mentioning, or otherwise using the hashtag #kineticarmy, or by responding affirmatively to a request from Kinetic Arm to repost or use your content, you agree that such content constitutes User Content under these Terms.

By doing so, you grant Kinetic Arm the same license and rights described above to use your content for marketing, advertising, promotional, and commercial purposes across all media platforms.

If you do not wish for your content to be used, please refrain from using the hashtag or notify us in writing at: 📧 support@thekineticarm.com

10. Intellectual Property

All content on the Site — including trademarks, logos, text, graphics, product designs, images, videos, and software — is the property of Kinetic Arm or its licensors and is protected by intellectual property laws.

Unauthorized use of any intellectual property is strictly prohibited.

11. SMS Terms & Conditions

By opting in to receive SMS communications from Kinetic Arm, you consent to receive text messages that may include order updates, customer support communications, product information, and promotional offers.

Message frequency may vary. Message and data rates may apply.

Consent to receive SMS messages is not a condition of purchase.

You may opt out at any time by replying STOP to any message. For assistance, reply HELP or contact support@thekineticarm.com.

12. Errors, Inaccuracies & Omissions

We reserve the right to correct any errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, availability, or other Site content at any time without prior notice.

Kinetic Arm is not responsible for typographical errors or inaccuracies.

13. Prohibited Uses

You may not use the Site:

  • For unlawful purposes

  • To violate intellectual property rights

  • To harass, abuse, defame, intimidate, or discriminate

  • To submit false or misleading information

  • To upload or transmit malicious code

  • To collect personal data of others

  • To spam, phish, crawl, scrape, or interfere with the Site’s operation

  • To bypass or circumvent Site security features

Violation may result in termination of access.

14. Disclaimers

Your use of the Site and products is at your sole risk.

The Site and all products and services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability or fitness for a particular purpose, except as expressly stated in our Limited Warranty Policy.

We do not guarantee that:

  • The Site will be uninterrupted or error-free

  • The Site will be secure or free from viruses

15. Limitation of Liability

To the fullest extent permitted by law, Kinetic Arm and its officers, directors, employees, affiliates, agents, contractors, and service providers shall not be liable for:

  • Any indirect, incidental, special, punitive, or consequential damages

  • Loss of profits, revenue, data, or business opportunity

  • Damages arising from use or inability to use the Site or products

In jurisdictions that limit liability exclusions, our liability shall be limited to the maximum extent permitted by law.

16. Limitation of Damages (Cap)

To the fullest extent permitted by law, Kinetic Arm’s total liability for any claim arising out of or relating to your purchase, use of the Site, or use of any product shall not exceed the amount you paid to Kinetic Arm for the specific product(s) giving rise to the claim.

17. Indemnification

You agree to indemnify, defend, and hold harmless Kinetic Arm and its affiliates, officers, employees, and agents from any claims, damages, liabilities, or expenses (including attorneys’ fees) arising from:

  • Your violation of these Terms

  • Your misuse of the Site

  • Your violation of any law or third-party rights

  • Your User Content submissions

18. Force Majeure

Kinetic Arm shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, severe weather, carrier delays, labor disputes, supply chain disruptions, government actions, power failures, internet outages, or other events outside of our control.

19. Export Compliance

You agree to comply with all applicable export laws and regulations. You may not purchase, use, or export Kinetic Arm products in violation of U.S. export laws or to restricted countries, individuals, or entities.

20. DMCA Notice (Copyright)

If you believe that content on the Site infringes your copyright, you may submit a notice to us at:

📧 support@thekineticarm.com

Your notice should include:

  • Identification of the copyrighted work

  • Identification of the allegedly infringing material

  • Your contact information

  • A statement that you have a good-faith belief the use is unauthorized

  • A statement, under penalty of perjury, that the information is accurate and that you are authorized to act

  • Your physical or electronic signature

21. Termination

We may suspend or terminate your access to the Site at any time for violation of these Terms.

You may discontinue use of the Site at any time.

Termination does not affect rights or obligations accrued prior to termination.

22. Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

23. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles.

Any disputes shall be resolved exclusively in the courts located in Bay County, Florida.

24. Entire Agreement

These Terms, together with our Policies (including Shipping, Returns, Warranty, and Privacy), constitute the entire agreement between you and Kinetic Arm and supersede any prior agreements or communications.

Contact Information

Kinetic Arm
📞 770-281-9982
📧 support@thekineticarm.com
www.thekineticarm.com