Terms of Service
KineBody Pro Software Application
(Last updated Nov 16, 2022)
This document defines the Terms of Service for the software application titled 'KineBody Pro Movable 3D Human Model' and the website kinebody.com.
Please read this document carefully. You must consent to these Terms of Service before using the KineBody Pro app or KineBody website. If you have any questions regarding these Terms of Service, please contact KineBody Software by email, at this address: [email protected].
The KineBody Pro software application permits users to manipulate, within a simulated 3D space, the position, orientation, and joint angles, of a human body form. It includes features to move body and joints using various controls (joystick, sliders, buttons), to change the appearance of the body (bone & background colors), to save & restore poses, to create and save animations of the body moving within the 3D space, and more.
The software application has a modular design that allows users to select & combine feature sets to meet their individual needs. The modules & their key characteristics include:
- KineBody Pro Viewer: an essential ‘base’ edition of the application, which is offered at no charge, but requires that users register to obtain access.
- Several optional ‘add-on’ feature sets (titled ‘PoseTools’ and ‘AnimTools’), each of which requires a subscription to obtain access. Various types of subscriptions are available, including (depending on their source) non-renewing and autorenewing, Free Trials, and paid plans.
The base edition and add-ons are available for two 'platforms':
- As a web application ('Webapp'), within the www.kinebody.com website, for desktop & laptop computers and many popular browsers.
- As an Android app, for mobile tablets, available through the Google Play Store (play.google.com).
The kinebody.com website hosts the KineBody Pro web application and provides documentation, promotion, and support pages, for both the Webapp and the Android app.
'The Website' refers to any or all content contained within the website kinebody.com. This includes 'front-end' content (accessible to users via URLs), as well as 'back-end' content, i.e., all other files, databases, and parameters available to KineBody Software administrators, within the kinebody.com entity.
'The App' and 'KineBody Pro' refer to the software application whose full title is 'KineBody Pro Movable 3D Human Model', in any of its available forms, including:
- The Webapp, accessible within the Website via a url of the form www.kinebody.com/***/webappPro, where '***' is the normally subfolder 'new', but may occasionally also include alternate versions such as 'beta'.
- The Android app, for use on mobile devices, currently downloadable from the Google Play Store.
‘You’ refers to any individual who accesses the Website, or, any individual who applies to use the App, or who obtains a copy of the app by any other means. For the Webapp, 'apply' means to register for an account at the KineBody Store; for the Android App, you 'apply' by registering to use the Google Play Store, and then, from there, download the KineBody Pro Android App.
‘We’, 'our', and 'KineBody Software' refer to
- the owner & developer of the KineBody website
- the owner & developer of the KineBody Pro App. Also, for the Webapp: the administrator of registrations and seller of subscriptions (more below at KineBody Store). Also, for the Android App: the 'content provider', responsible for promotion & deployment of the App, within Google Play.
KineBody Software (and its predecessors ‘KineMan Subscriptions' and 'Neosim R&D') is a dba (‘doing business as’) name for Andrew J. Barber, a sole proprietorship based in Friday Harbor, Washington, USA.
'KineBody Store' is another dba name for KineBody Software, and is used primarily to describe our online system for Webapp registration and subscription purchases, located and accessible via URL's of the form 'kinebody.com/subs/***' (where '***' is any subfolder). KineBody Store is the administrator and sole keeper and user of your Webapp account information, and controls your access to all editions and add-on options for the Webapp.
Note: KineBody Store is built on aMember Pro subscription management software, and the name
‘aMember’ may appear on some web pages. Note, however, that the aMember business entity is
not a party to any Webapp registration or payment transactions and does not have access to
any KineBody Store accounts.
'Google Play Store' (play.google.com) is the online marketplace in which we offer the Android App for download and updates. Google Play serves as the de facto registrar for Android App users, by requiring its users to sign-in with a Google account. Google Play is the sole keeper of your account and profile details. If you order subscriptions to add-on features sets for the Android App, Google Play does not share your personal account details with KineBody Software; it shares only essential details such as subscription identifiers, renewal status, start and expiration dates, and the like.
'RevenueCat' is an intermediary online service, which operates between Google Play and KineBody Software, to simplify subscription administration between those two parties. RevenueCat does not receive any of your personal account details from Google Play.
These Terms of Service (henceforth, 'this Agreement') govern your use of the App (on both platforms) and the Website. This Agreement applies to each individual module of the App, and to the App as a whole. Within this Agreement, the Webapp is covered by references to both the App and the Website.
Supplementary Agreements: In order to use the App or Website, you must agree to the following auxiliary policies:
1. License to use the App and/or the Website
This Agreement grants you permission to download and use the App and to browse the Website, subject to the conditions described below. For the App, this is the grant of a license, not a transfer of title.
By using the App or the Website, you agree that the terms of this Agreement and the Supplementary Agreements are reasonable, and you accept these agreements in full. If you disagree with any part of this Agreement or the Supplementary Agreements, do not use the App or the Website.
By using the App or the Website, you certify that you are legally permitted to do so, and that you are responsible for compliance with any applicable local laws. This agreement is void where prohibited by law. In such jurisdictions, you are prohibited from using the App or the Website.
a. Permitted Use:
Subject to the restrictions set out below and elsewhere in this agreement:
You may download and use the App only as an 'end user', whereby you perform any of the operations described in App's documentation (tooltips, Hints panel, or Help documents (accessible by URL's of the form 'kinebody.com/docs/***')).
You may use the 'KineBody Store' portions of website (i.e., pages & forms accessible via 'kinebody.com/subs/***') only to register for an account, order subscriptions, log in or out, or manage that account (= change password; change, view or delete personal info; view subscription & payment history).
You may download and use those portions of the App for which you are authorized. You become authorized, for KineBody Pro Viewer (the free base edition of the App), via registration with the app provider:
- for the Webapp, via links and online registration form(s) provided at KineBody Store web pages (kinebody.com/subs/***).
- for the Android app, via creation and use of an account with Google Play.
Additional procedures & policies regarding registration are covered in Section 2 below.
Authorization to use the App's add-on feature sets require that you order one or more subscriptions. Further details are provided in our Terms of Sale.
- Note that authorizations for the Webapp and Android app are independent of each
registration for one of these app types does not automatically entitle you to access the
other type. Likewise, a subscription associated with one of these app types does not allow
you to access the protected content on the other app type: if you want to use add-on
portions of the App on both app types, you must subscribe independently for each app type.
Multiple devices: Registrants for the KineBody Pro Webapp may access that edition of the App on up to 3 different devices (desktop or laptop computers).
Links: If you create a link to any page of the Website you do so at your own risk, and the exclusions and limitations set out elsewhere in these Terms of Service will apply to your use of the Website by linking to it.
Regarding links from the App or the Website, to other websites: KineBody Software does not monitor or review the content of these other websites. Opinions expressed or material appearing on such websites is not necessarily shared or endorsed by KineBody Software, and KineBody Software should not be regarded as the publisher of such opinions or material.
b. Restricted Use:
Not for Advice: The App, and its supporting documentation, are intended for use as a demonstration tool, for teaching and learning about biomechanical behavior of the human musculoskeletal system. Nothing within the App or the Website constitutes, or is meant to constitute, advice of any kind.
In particular, you may not use the App or the Website as a source of medical advice, regarding the diagnosis or treatment of injuries, diseases, disabilities, or degeneration.
Likewise, the App and the Website do not provide advice regarding the performance or safety of poses or movments for applications such as physical training (for example, in the areas of athletic, dance, martial arts), safety, comfort, or ergnomics. If you use the App or Website to provide advice in such areas to any 3rd party, you assume the full responsibility for any injuries, monetary or competitive losses, or other adverse consequences that result from that advice.
Not for Development or Distribution: You may NOT use the content of the Website or the App in any capacity related to the development or distribution of software, or for any purpose apart from the 'end user' operations described in the App's Help documentation. In particular:
- You may NOT copy, extract, embed, or modify, any portion of the Website or App software, for use in any other software product. This restriction includes the various KineBody parameter files (for bone geometry, joint parameters, and the like); these may be covered by other licenses or agreements as well.
- You may NOT copy any portion of the Website or the App and make it available for other users or distributors, by any means, including but not limited to: posting it on a website where users can download it; sending it by email; copying it to a portable storage device for subsequent upload to a different computer; copying it via network to a different computer.
Additional restrictions regarding the App and the Website include:
- You may not use the App or the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- You may not use the App or the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You may not open, view, or download any folders or files except those that can be reached via a hyperlink provided as part of the App or the Website;
- You may not use the Website in any way that causes damage to the App or the Website or impairment of the availability or accessibility of the App or the Website;
- You may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the App or the Website;
- You may not use the App or the Website to transmit or send unsolicited commercial communications;
Related restrictions are defined below in Section 3. Intellectual Property.,
2. Registration, Account, Logging In
Overview: The KineBody Pro apps (Webapp and Android App) can only be accessed by registered users. To register to use the Webapp, you must fill in a form at the KineBody website. For the Android App, there is no 'app-specific' registration; instead, your Google Account, added to your Android device, serves the same purpose. In either case, no payment is required.
The features of KineBody Pro App are grouped into 'feature sets' : ViewerTools, PoseTools, & AnimTools. Registration by itself gives you access only to the ViewerTools feature set. To access the other feature sets, you must order a subscription, which generally requires payment (except for our Free Trial subscription). For details about feature set features, please see our Features page.
This section covers registration policies only. For more about subscriptions, please see our Terms of Sale. Also note, the registration policies differ markedly, between the KineBody Pro Android App and the Webapp, so they are presented below in separate sections.
a. Android App Registration
This section defines registration policies for the KineBody Pro Android App (only). Policies for the KineBody Pro Webapp are presented in Section (b), below.
The Android App is currently offered only at Google Play Store. To download the Android App, you must have (or create) a Google Account (as instructed here), and you must 'Add' that account to the Android device(s) (as instructed here). Those two steps constitute 'registration' as used in this Agreement (i.e., they are sufficient for accessing KineBody Pro Viewer (the base version of the App).
- Note that because the Android App
contains in-app purchases (for subscriptions to add-on feature sets), you may be prompted to
add a payment method (credit/debit card or Paypal account name), if the account is new. You
can 'Skip' that step, if you only want to use the Viewer features of the App.
Your use of the KineBody Pro Android App is governed by BOTH the Google Play Terms of Service (henceforth, 'GP Terms'), AND this Agreement. References within the GP Terms to KineBody entities are to be taken as follows:
|'terms and conditions of the end user
license agreement' (Section 4)
|KineBody Pro Terms of Service, and
KineBody Pro Terms of Sale
|'Content'||the Android App and the Website|
Caution: It's possible to register multiple Google Accounts on a given device. If you download the Android App onto such a device, take care to note which account you used for the download - you should subsequently use that same account, if/whenever you attempt to add subscriptions. If you use a different account, the subscriptions may not work correctly, or, you may receive incorrect information regarding the status of the subscriptions.
b. Webapp Registration
This section defines registration policies for the KineBody Pro Webapp (only). Policies for the KineBody Pro Android App are presented in Section (a), above.
Registration (Signup) Procedure: The KineBody Pro Webapp is located in protected portions of the kinebody.com website. To access the Webapp, you must signup at www.kinebody.com/subs/signup, and complete the following steps:
- Fill in the registration form: Provide basic information about yourself, including:
valid email address and your choice of username and password. Also,
you will need to explicitly accept the terms of this Agreement, by clicking the
provided. To complete the online form, be sure to click the button labeled 'Next',
As part of the Webapp registration process, you will be offered an option to order a Free Trial of KineBody subscription features (PoseTools & AnimTools). The Free Trial is entirely optional; you don’t have to order any subscription to register. Additional information about Free Trial subscriptions is provided in our Terms of Sale.
- Validate email: To validate your email address, KineBody Store will send an email
confirmation link. You must click the link to validate your email and finalize your
Your registration will remain active until any of the following occurs:
- if you have no active subscriptions and have not used any KineBody Pro features for the previous 12 months.
- if you contact us by email and request that we close your account.
- if we determine that you have abused these Terms of Service in any way, we may choose to terminate your account.
Access to the Webapp: Once registered, you can access the KineBody Webapp at https://www.kinebody.com/new/webappPro/index.php. At any new visit, you will be required to log in, using the login credentials you selected during registration (more below).
Feature sets: The Webapp features available to you will depend on whether you have successfully ordered any add-on subscriptions:
- With no subscriptions, you will have access only to the ViewerTools features.
- With subscriptions, you will have access to the feature set(s) associated with those subscriptions (PoseTools &/or AnimTools), in addition to the ViewerTools.
Additional Terms regarding available features are presented in the 'No Warranty' section, below.
Access to Your Account: Your Webapp registration also grants you login access to a set of web pages and information, collectively called ‘Your Account’; these are protected, personalized web pages that include your profile information ( first & last name, email address, and login username), plus subscription order forms and a history of your subscription orders and payments.
You may not share your KineBody Webapp username and password with anyone. You must take standard precautions to safeguard these data from theft.
We will handle your registration and login credentials confidentially and securely. Your login credentials are sent securely from your computer to our site, during registration and during login, using SSL encryption (as indictated by the ‘https’ protocol in our URL, and the Lock icon that appears next to it). We will not share your confidential information with any third party.
3. Copyright Policy
This section contains copyright and license information for KineBody Pro App users. It focuses on two types of KineBody content: a) graphical content shown on the KineBody Pro App window (or screen), and b) repository (text) files generated by the KineBody Pro App.
Other KineBody files, such as the 'exported poses' text file, are not subject to these copyright restrictions.
A) License for graphical content : Registered users of the App ('Licensees') are hereby granted a license to make copies of App's graphical screen content, &/or to publicly present live renditions of the same, at no charge, subject to the Definitions and Restrictions defined below.
The 'Content' covered by this policy includes any or all graphical content appearing within the App user screen, that being the entirety of the App user interface, for the Android App, and the full 'client area' of the browser, for the Webapp. The Content includes the App viewing area (a rectangle, containing a 2D depiction of a 3D human body), as well as the controls surrounding that area.
'Copies' of the Content include digital forms, such as image and recorded video files, as well as hard/physical copies (on paper, wood, metal, plastic, etc).
Public presentation includes any Content rendered & delivered via live graphical display, to any third party, whether in person or by remote transmission (messaging, streaming, broadcasting, etc.).
Licensees may not use KineBody content to provide any kind of medical advice. In
particular, KineBody content cannot be used for the diagnosis or treatment of injuries, diseases, disabilities, or degeneration.
Licensees may use KineBody content in non-medical applications (e.g., athletics, dance, martial arts, safety, comfort, or ergnomics, etc.). In doing so, licensees implicitly agree that the KineBody App functions solely as a tool for depicting human poses or movements, and not a source of advice. Licensees also agree that any advice dispensed using KineBody content is based on independent knowledge and expertise (i.e., from sources other than the KineBody App), and they assume the full responsibility for any injuries, competitive losses, or other adverse consequences that result from that advice.
Licensees are not allowed to publicly display or disseminate animated KineBody
content in any medium that permits viewers (other than licensee)
to manipulate the content (i.e., to arbitrarily adjust body
position, joint angles, identify anatomical features, undo or redo,
etc), apart from starting, pausing, reversing, or stopping a previously recorded animation sequence.
Examples of disallowed media include non-KineBody websites in which a working copy of the KineBody website is embedded, for instance by use of html <frame> or <iframe> tags.
Examples of allowable media include animated gif images and screencasts (i.e., screen content saved in a digital video format).
For other media, please contact KineBody Software, regarding whether the media is allowable under the Presenter License.
- Licensees may not publish or present of any graphical or textual content KineBody that offends viewers of the images, or, diminishes the reputation of KineBody Software, the KineBody.com website, its creators, affiliates, or sponsors, or other users of the site, including but not limited to poses or depictions that may be considered racially offensive, vulgar, libelous, physically malicious, pornographic, or illegal.
- Licensees must include clear attribution, that the copied content was created using the KineBody Pro software application. Credit should be expressed as "Copyright (C) 2022 KineBody Software" or "Copyright (C) 2022 Kinebody.com" within user-supplied captions, or in a separate Acknowledgements section that lists or clearly describes the copyrighted content, e.g. "Posed skeleton images Copyright 2022 KineBody Software".
B) License for 'repository files': Registered users of the App ('Licensees') are hereby granted a license to copy and distribute repository files, at no charge, subject to the Definitions and Restrictions in this section. This license does not permit users to modify the files, apart from the name of the file.
Definitions: Repository files are text files generated the App's 'Save Repository' button. When viewed in a text editor, they can be seen to contain a short readable string followed by a long encoded section, such as:
This is a KineBody Repository file. Do not edit! ⓀⓂv01eyJfYW5pbV9jbG9zZWQsb3Blbixwb2ludGluZy0wMDYiOiJ7XCJwb3NlXCI6W3tcImlkXCI6MCxcIm5hbVwiOlwi . . .
4. Intellectual Property
Unless otherwise stated, KineBody Software owns all intellectual property rights to the App and the Website. All these intellectual property rights are reserved, save those permissions declared in the Copyright Policy section of this document.
The brand names and specific services of KineBody Software featured in the App and on the Website are trade marked.
Unless stated otherwise, all text, graphical elements & files, provided in the App and the Website are copyright by KineBody Software, under USA & international laws and conventions. Specific restrictions include:
Several components of the App are copyright by 3rd parties without explicit notice: in particular, data pertaining to bone shapes & configuration is proprietary, and is used under license, from the following providers:
- Longchamp Labs/21st Century Solutions Ltd, Gibraltar (www.anatomium.com)
- Visible Human Project, U.S. National Library of Medicine (www.nlm.nih.gov/research/visible/ .)
Please contact these providers for if you desire bone data for use in any application outside of KineBody.
5. No Warranties
The App and the Website are provided as is. KineBody Software makes no representations or warranties, express or implied, in relation the information and materials provided in the App or on the Website, or provided by any affiliates or third parties. In particular:
Regarding compatibility: The App is designed for compatibility with a limited range of 'platform' technologies (i.e., computer hardware and software (including operating systems, browsers), computer languages, file formats, and protocols). Current compatibility specifications are provided in the KineBody App Compatibility document. KineBody Software’s offering of the App to work for any one combination of these supporting technologies in no way obligates KineBody Software to provide them for any other combination of available technologies.
The compatibility specifications listed in that document do not constitute any sort of guarantee of proper, satisfactory, or complete operation. Even if you meet the requirements & recommendations, the App may perform poorly or not all. Rather, the specifications define our focus for development: we've targeted the specified devices & software to provide all the major app functionality (except where noted), and these will be our top priority for bug repairs.
In lieu of guarantees, we offer a free base version (KineBody Pro ‘Viewer’), and Free Trials for our subscriptions (PoseTools and AnimTools), so you can download & test the App on your device(s). For more about Free Trials, please see our Terms of Sale.
- Regarding quality: The materials appearing in the App or on the Website could include technical, typographical, or photographic errors. KineBody Software does not warrant that any of the materials in the App or the Website are accurate, complete, current, true, or non-misleading.
Regarding changes: KineBody Software does not warrant that the service provided by the App or the Website
be continued, uninterrupted, fully functional, or fully accessible. KineBody Software,
its sole discretion, may make changes to the materials contained in the App or the
Website at any time without notice. In particular, the App features and feature sets (as described on
https://www.kinebody.com/drafts/Features.php) are subject to the following:
- We reserve the right to add, remove, or modify any features at any time.
- We expect to make ongoing improvements, as an intrinsic characteristic of an online subscription. Generally, the improvements will supplement, enhance or repair existing features. We may need to remove a feature, for example, if it interferes with the operation of a new feature we consider more widely useful, or if we deem it a security risk.
- For features obtained via add-on subscriptions: We cannot guarantee that any feature listed at the time of purchase will be available for the full duration of your subscription.
- The changes may occur on an irregular schedule.
6. Standard Terms
a. Limitations of liability
You acknowledge that you are personally responsible for your use of the the App and the Website, and that you do so at your own risk.
You agree that KineBody Software is not liable for any harm arising from information provided in the App or the Website that you consider indecent, morally offensive, or otherwise inappropriate, and is not responsible for any effects the App or the Website may have on you, or actions you may take as a result of viewing or using these products and services.
You agree that you are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through the App or the Website.
You agree that KineBody Software will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, the App or the Website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if KineBody Software has been expressly advised of the potential loss.
KineBody Software shall not be liable for any failure to perform any obligation under this Agreement which is due to an event beyond its control, nor for any failure on the part of services required to access the App or the Website, including but not limited to electronic communications systems, web hosting services, internet services, or browser services, affiliated appstores or payment processors.
KineBody Software disclaims all liability for damages arising out of or in connection with your use of the App &/or the Website. This includes, without limitation, any loss or damage caused to your computer, computer software, systems and programs and the data thereon caused by downloading any form of malware, including viruses, worms, trojans, or any similar destructive software.
b. Other parties
You agree that you will not bring any claim personally against KineBody Software’s officers or employees in respect of any losses you suffer in connection with the App or the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect KineBody Software’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
You hereby indemnify KineBody Software and undertake to keep KineBody Software indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by KineBody Software to a third party in settlement of a claim or dispute on the advice of KineBody Software’s legal advisers) incurred or suffered by KineBody Store arising out of any breach by you of any provision of this Agreement, or arising out of any claim that you have breached any provision of this Agreement.
d. Breaches of these Terms of Service
Without prejudice to KineBody Software’s other rights under these Terms of Service, if you breach these Terms of Service in any way, KineBody Software may take such action as it deems appropriate to deal with the breach, including suspending your access to the App or the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or resolve any dispute by binding arbitration.
KineBody Software may transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms of Service without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Service.
g. Severability & Waiver
If a provision of these Terms of Service is determined by any court to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Failure of KineBody Software to enforce any of the provisions set out in these Terms of Service and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Service or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
h. Law and jurisdiction
These Terms of Service will be governed by and construed in accordance with laws of the State of Washington and USA, and any disputes relating to these Terms of Service will be subject to the exclusive jurisdiction of the courts of Washington.
7. Ownership & Contact Details
KineBody Software is a sole proprietorship owned and operated by Andrew J. Barber, of Friday Harbor, Washington, USA. You can contact KineBody Software at the following email address: [email protected]
This document was created using a Contractology template available at http://www.freenetlaw.com, with additional content from http://www.entrepreneur.com/formnet/form/1174 and http://www.houseoffusion.com/groups/cf-talk/thread.cfm/threadid:50861#273006 .