KineBody

Movable 3D Human Model






KineBody Pro Subscriptions

Terms of Sale


(Last updated Sep 18, 2022. This draft document applies to the 22.10 release of KineBody, currently in beta release.
For older KineBody versions, please see our current Terms.)

Contents

1) Introduction

Background
Definitions
Parties
Scope

2) Subscription Details


a) Android App
Subscription plans
    Overview, Prerequisites, Availability.
    Free Trials
Prices
    List, Currency, Exchange, Taxes, Changes
Operations
Ordering
Activation
Checking status
Cancellation
Refunds



b) Webapp
Subscription Plans
    Free Trials
    Overview, Concatenation, Start & End Dates, Prerequisites, Availability.
Prices
    List, Changes, Currency, Exchange, Taxes
Operations
Ordering
Activation
Checking status
Cancellation
Refunds



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1. Introduction

This document defines the Terms of Sale for add-on subscriptions, for the software application titled 'KineBody Pro Movable 3D Human Model'.

Please read this document carefully. You must consent to these Terms of Sale before ordering and purchasing add-on subscriptions for the KineBody Pro software application. If you have any questions regarding these Terms of Sale, please contact KineBody Software by email, at this address: [email protected].

Background:

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 (‘PoseTools’, ‘AnimTools’), each of which requires users to subscribe to obtain access. The subscriptions are offered for a limited term (e.g. 3 or 12 months), in return for payment by the user.

The base edition and add-ons are available for two platforms:

  • As a web application, 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).

Definitions:

'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 but not limited to the following:

  • The Webapp, accessible within the Website via a url of the form www.kinebody.com/*/webappPro, where the subfolder '*' is normally '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.

'The Website' refers to any or all content contained within the website kinebody.com.

Parties:

‘You’ refers to any individual who has registered to use the App, and intends to subscribe to an add-on feature set (as a Free Trial or paid subscription), through KineBody Store or Google Play Store.

‘We’, 'our', and 'KineBody Software' refer to

  • 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 party responsible for promotion & deployment of the App, within Google Play.
  • the owner & developer of the KineBody website

  • 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. 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. KineBody Store does not have access to your credit card or other payment account information.

    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.

‘PayPal (www.paypal.com)’ is the provider of online payment services for KineBody Store, responsible for handling credit card and other payment transactions. For those transactions, PayPal is the sole participant when it comes to credit card numbers, payment sources, available funds, etc. PayPal does not have access to any KineBody Store Accounts. [Web pages with the heading 'KineBody Store / Payment via PayPal’ are owned by PayPal; they use the KineBody Software header only to corroborate the connection between KineBody Software and PayPal.]

KineBody Software reserves the right to add, change, or remove any online payment providers.

'Google Play Store' (play.google.com) is the online marketplace in which we offer the Android App for downloads, updates, and in-app subscriptions. You must have a Google Account and add it to your Android device, before you can download apps or purchase subscriptions. Google is the sole keeper of your account and profile details. Google is also the administrator and payment processor for Android App in-app subscriptions, and is the sole keeper of your credit card details. Google shares only essential subscription details with KineBody Software (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.

Scope:

These Terms of Sale (henceforth, 'this Agreement') apply to subscriptions to add-on feature sets, for the KineBody Pro App, for all available platforms (Webapp and Android App). The add-on feature sets are also subject to our Terms of Service. As such, this Agreement stands as a supplement, not a substitute or replacement, to the Terms of Service.

This Agreement applies to both paid subscriptions and Free Trials of KineBody Pro add-ons.

* Note: Free Trials of KineBody Pro add-ons are not the same as our free 'base' edition ('Viewer'). Free Trials are a type of subscription, and so they are subject to these Terms of Sale. Our free base edition doesn't require a subscription (but users must register to access it). To reinforce the distinction between Free Trial and free edition, 'title case' is used for Free Trials, throughout this document.

Supplementary Agreements: In order to subscribe to any KineBody App add-on feature sets, you must agree to the following auxiliary policies:

2. Subscription Details

Details regarding subscriptions differ significantly for the the different platforms. In this Agreement, they are split into two sections: A) Android App Subscriptions, and B) Webapp Subscriptions. Please refer to the appropriate section for your platform(s).

Background colors: To help minimize misinterpretations re: the two platforms, different background colors are used to highlight content for the different platforms: 'orange' for Android App, 'yellow' for Webapp, and white for topics common to both.

Platform Independence: Note that access to subscription features is independent for each platform. That is, a subscription to add-on features for the Webapp does not grant you access to the associated features on the Android App, and vice versa. If you want access on multiple platforms, you have to subscribe independently for each one.

Terminology: throughout this section, terms like 'Webapp subscription' will be used, to mean 'subscription to an add-on feature set for the Webapp', and not 'subscription to the Webapp'. This distinction is meant to clarify that the base edition of the Webapp (a.k.a., 'Viewer') doesn't require a subscription, whereas add-on feature sets do require a subscription. And likewise for Android App subscriptions.


a) Android App Subscriptions

This section defines subscription policies for the KineBody Pro Android App (only). Policies for the KineBody Pro Webapp are presented in Section (b), below.

Your acquisition and access to Android App subscriptions is governed by both the Google Play Terms of Service (henceforth, 'GP Terms'), AND this Agreement. Terminology within the GP Terms translates to terminology in this Agreement, as follows:

  • 'separate sale contract' is this Agreement.
  • 'terms and conditions of the end user license agreement' (Section 4) is represented by this Agreement plus the KineBody Pro App Terms of Service.
  • 'Provider' is KineBody Software.
  • 'content' is the Android App and the Website (www.kinebody.com).

Android App subscriptions are currently offered only at Google Play Store. Subscriptions can only be ordered through the App, as in-app purchases. Hence, you must have the App downloaded onto your device, before you can order a subscription. Requirements for downloading the App onto your device are described in our Terms of Serivce.

You must also be logged into your Google Account. If you have more than one Google Account on your device, be sure to use the same one for subscriptions as you used for originally downloading the App. If you use a different account, you may receive incorrect information regarding the status of your subscriptions, or, the subscriptions may not work correctly.

Subscription Plans:
Overview: Paid subscriptions for the Android App are offered through Google Play. These subscriptions are 'auto-renewing': you place a subscription order just once, and thereafter the subscription runs continuously, until you cancel it. You pay a fee at the start of the subscription, and again thereafter at regular intervals (3 or 12 months). The recurring payments are taken automatically, using the account & payment method you select.

With the auto-renewing plans, you must take steps to Cancel your subscription, when you no longer require the subscription features, and you want to avoid future charges. For more information, please see the Cancellation section below.

Prerequisite subscriptions: Some KineBody subscriptions must be ordered before, or at the same time, as other subscriptions. Prerequisites for Android App subscriptions are:

  • Some AnimTools subscription features will not work correctly without a concurrent PoseTools subscription. As a result, you must order the two subscriptions together (via our PoseTools + AnimTools combo subscription), or, you must have an existing PoseTools subscription before you can order a separate AnimTools subscription.

  • These prerequisites are enforced within the KineBody Subscription Order Form, which disables the checkboxes for any subscriptions where you don't meet the prerequisites. (It also disables checkboxes for subscriptions you already have).
Note that if you subscribe to both PoseTools and AnimTools, and then Cancel: it's possible to end up with a 'stray' period of AnimTools subscription, i.e., without prerequisites. This will happen if you cancel PoseTools alone, or, if you cancel both subscriptions but the expiry date for AnimTools comes later than that for PoseTools. In such a stray period, you should forgo using the AnimTools, as they may work incorrectly without the PoseTools. Alternatively, you can resubscribe to PoseTools, so the subscriptions will overlap when you need to use AnimTools features. Note that there are no refunds available for subscriptions that don't meet the prerequisites.

Free Trials: Each add-on subscription for the Android App automatically includes a 7 day Free Trial, when you start the subscription. Each subscription type (PoseTools vs AnimTools) has its own Free Trial period. These Free Trials are not available as independent subscriptions, rather, they are integrated with the regular subscription: you get a free week of access before the first payment is charged. [Note that Free Trials for the Webapp have a very different structure].

Note that although the Free Trials are 'free', you must take additional steps to avoid any charges: you must Cancel the subscription before the end of 7 day period. For more about Cancellation, see below.

The Free Trial is provided so that you can accomplish two key tasks:

  • You can evaluate the associated features to determine whether they meet your needs.
  • You can evaluate whether the features operate acceptably for your choice of computer resources (including hardware, operating system, and web browser).

As described in our Compatibility Specs document, we can't guarantee successful operation of KineBody Pro on your computer. Thus it is your responsibility to do so, during the Free Trial period. We don’t offer refunds except under very limited conditions, so you should regard our Free Trial period as your opportunity to evaluate the compatibility of your computer resources in advance of committing to a purchase. If you have questions regarding the features, capabilities, or limitations of KineBody Pro subscriptions that are not evident from a Free Trial, you should contact us before committing to a purchase.

Plan availability: We reserve the right to change the types of subscriptions we offer, at any time. These changes will not affect the calendar period for any current subscription you have already purchased.

Prices:
Price list(s): Current KineBody subscription prices are shown on the KineBody Subscription Order Form (accessible as described below).

Currency & exchange: Currency is US dollars, for subscribers within the US (and possibly other countries). For subscribers outside of the US, choice of currency and exchange rates are set by Google Play. Prices may fluctuate due to exchange rate changes.

Taxes: Tax policies for Android App subscriptions are defined in the GP Terms (Section 3).

Price changes: We reserve the right to change prices for Android App subscriptions at any time. The changes will be announced by Google, and you'll have an opportunity to Approve or Cancel, in accordance with their price change policy (Section 3d, in the GP Terms). Subscription price changes will apply only for future charges; they will not affect any subscriptions for which you’ve already paid. In particular, if we reduce the price for any subscription, you will not be eligible for a refund. Similarly, if we add, remove, or change the features provided with a subscription, after you’ve paid for it, you will not be eligible for a refund.

Operations:

Ordering: To order a subscription, you must first have the KineBody Pro Android App downloaded onto your device. Then, within the App:

  1. Click the Order button, within the Subscriptions sub-panel, to open an Order Form.
  2. Read and understand the instructions, especially pertaining to prerequisites.
  3. Select the subscription type & billing interval, via the associated checkbox. Note that some products may be disabled, if you don't meet the prerequisites, or, if you already have a subscription to that product.
  4. Accept the KineBody Pro Terms of Service and Terms of Sale, by checking the appropriate box.
  5. Click the Next button to proceed to a Google payment window.
  6. Use the Google payment window to confirm your order, confirm or select a payment method, and finalize your payment.

Activation: An Android App subscription grants you access to extra features within the app: features that were otherwise disabled and/or hidden become enabled and visible. To activate the features after you purchase a new subscription, you must click the Refresh button (in the App subscription panel), or, restart the App. The new features will then be available without further steps, i.e., it's not necessary to download or integrate any extra components.

Checking subscription status: You can check the status of your KineBody Pro Android App subscriptions several ways:

  1. Within the App, in the Subscriptions subpanel.
  2. Within your Google account (at account.google.com, or via profile within Google Play), under Payments & Subscriptions / Subscriptions.
Regarding the status of Android App subscriptions:
  • 'Renews' means your next payment is scheduled on that date;
  • 'Expires' means you've Cancelled, but you still have access to the subscription features, until the given date;
  • 'Expired' means that you no longer have access to the features (since the relevant date).

Cancellation: You must take steps to Cancel your subscription, when you no longer require the subscription features, and you want to avoid future charges. Cancellations are governed by the GP Terms, Section 3b. (The following paragraphs merely summarize those policies & explains how they're implemented within the KineBody Pro Android App; if there are any conflicts, the GP terms prevail).

You can Cancel an Android App subscription several ways:

  • From within the App: There's a Cancel button in the Subscription sub-panel: clicking it will lead you to a Google page with instructions and controls to request the cancellation.
  • From your Google Account: find the link to Subscriptions, select the subscription, and Cancel it.
Note that cancelling doesn't revoke your access to the subscription features immediately; rather, your access will expire at the end of the original subscription period.

Refunds: Your subscription purchase is subject to Google Play's Refund Policy, and the KineBody Pro Refund Policy. The Google Play Refund Policy states (excerpted):

    Within 48 hours: You may be able to get a refund depending on the details of the purchase. Follow these instructions.

After 48 hours, your purchase is subject to the KineBody Pro Android App Refund Policy, which offers refunds under limited circumstances:

  • The refund is available only for your most recent renewal charge. (i.e., no refund is possible for your first fee payment for a subscription, which included a 7 day Free Trial to evaluate the features and whether they worked on your device).

  • You must request the refund by email, at [email protected], within 7 days of the charge date, and the request must include the Order ID number (also known as Transaction ID number - looks like: GPA.1234-5678-9012-34567).

  • This refund policy is applicable to auto-renewing subscriptions only, so it won't apply if we offer non-renewing subscriptions in the future (a possibility). (Likewise, there is no such refund for KineBody Pro Webapp subscriptions, which are non-renewing).
For any other situations, we regard all subscription sales as final, and we are unable to offer refunds. If you've encountered difficulties during the regular term of your subscription, e.g., following some change to your device or operating system, please contact us ([email protected]), as we may be able to resolve the issue. Note that we cannot guarantee a fix, and if not, a refund will not be available.




b) Webapp Subscriptions

This section defines subscription policies for the KineBody Pro Webapp (only). Policies for the KineBody Pro Android App are presented in Section (a), above.

Additional information regarding Webapp subscriptions is provided in other documents, as follows:

Subscription Plans:
Overview: KineBody Pro Webapp subscriptions (a.k.a., 'products') are offered with a one-time price (or free) and a fixed period; none of them is available with recurring billing. (That is, there are no automatic renewals).

All subscriptions are payable in advance. You pay one time before the start of your subscription period. Your subscription will automatically expire when the subscription period is complete. To renew your subscription, you will need to place a renewal order on our website. You can renew at any time. If you renew a subscription before it expires, and you do so using the same account (i.e., using the same username & password) as the existing subscription, the period for the renewal will run serially: it will begin following the expiration of your latest existing subscription. [More details about serial subscriptions below].

Concatenation: KineBody Webapp subscriptions can be 'concatenated': you can purchase multiple fixed-duration subscriptions, and have the subscription periods run serially, i.e., when one subscription period expires, the next will begin immediately thereafter. You can concatenate subscriptions of the same or different periods: e.g., for 16 months of access, order a 12 month period plus a 4 month period.

To concatenate subscriptions serially, several conditions must be met:

1) Serial concatenation of subscription periods works only for subscriptions with the same product name. For example, if you order a 12 month PoseTools subscription, and a 4 month subscription for the AnimTools, each of these will be treated independently, in terms of start & end dates. If you then order an additional 4 months of the AnimTools, it will serially follow the 4 month subscription, to give an 8 month term, for that product only (because they have the same name). In this scenario, the duration & end date of the PoseTools subscription does not change.

    Note that if you order any of the 'PoseTools+AnimTools' (combo) products, each component (feature set) is treated as if ordered independently, for purposes of serial concatenation.

2) To set up serial subscription periods, you must do so under the same account name. If you use a different account name for any new subscription, that subscription period will be setup to run concurrently, not serially. (Concurrent subscriptions are appropriate and necessary, if you wish to access Webapp content from more than 3 devices).

Start and end dates: Your access to the subscription content will begin immediately, when you order a Free Trial or purchase a new paid subscription. When you order a renewal subscription, it will begin immediately, if all of your previous subscriptions have expired; otherwise, it will begin immediately following your current subscription (or last unexpired subscription period in your serial sequence, whichever is later).

When the duration of a subscription is specified in months or years, the expiration date is the same numeric date as the start date (i.e., apart from the change in month or year). When it is specified in days, it is counted naturally, with the start date as ‘zero’. Your access to KineBody Pro will be discontinued after midnight at the end of the expiration date.

[Note: If you purchase multiple serial subscriptions, the start date for a future subscription (as listed in Your Account) will be the same as the end date for its predecessor. This may seem incorrect, if you imagine that the start date for one subscription should come the day after the previous end date. However, in our subscription management system, the dates in Your Account are handled in terms of the ‘midnight at the end of that date’: one subscription ends at midnight at the end of that date, and the next begins at midnight at the end of the same date, which in practical terms is actually the next date. (Sorry about the confusion!) ]

Prerequisite subscriptions: Some KineBody subscriptions must be ordered before, or at the same time, as other subscriptions. Prerequisites for Webapp subscriptions are:

  • You must order a Free Trial subscription, before you can order any paid subscription.
  • Some AnimTools subscription features will not work correctly without a concurrent PoseTools subscription. As a result, you must order the two subscriptions together (via our PoseTools + AnimTools combo subscription), or, you must have an existing PoseTools subscription before you can order a separate AnimTools subscription.

  • These prerequisites are enforced within the KineBody Subscription Order Form: it will only present subscriptions for which you meet the prerequisite conditions.
Note that if you subscribe to both PoseTools and AnimTools: it's possible to end up with a 'stray' period of AnimTools subscription, i.e., without prerequisites. This can happen if the expiry date for AnimTools comes later than that for PoseTools, and you don't resubscribe. In such a stray period, you should forgo using the AnimTools features, as they may work incorrectly without the PoseTools. Alternatively, you can resubscribe to PoseTools, so the subscriptions will overlap when you need to use AnimTools features. Note that there are no refunds available for subscriptions that don't meet the prerequisites.

Plan availability: We reserve the right to change the types of subscriptions we offer, at any time. These changes will not affect the calendar period for any current subscription you have already purchased.

Free Trial: We offer a 7 day Free Trial of the 'PoseTools + AnimTools' combo subscription. This Free Trial is independent of our paid subscriptions, and there are no separate Free Trials for the individual add-ons. [Note that Free Trials for the Android App have a very different structure].

The Free Trial is provided so that you can accomplish two key tasks:

  • You can evaluate the associated features to determine whether they meet your needs.
  • You can evaluate whether the features operate acceptably for your choice of computer resources (including hardware, operating system, and web browser).

As described in our Compatibility Specs document, we can't guarantee successful operation of KineBody Pro on your computer. Thus it is your responsibility to do so, via the Free Trial subscription. We don’t offer refunds under any circumstance, so you should regard our Free Trial period as your opportunity to evaluate the compatibility of your computer resources in advance of committing to a purchase. For further information, please see our Refund Policy below.

Prices:
Price list(s): Current prices for KineBody subscriptions are listed on Webapp Order Form (accessible as described above).

Currency & exchange: All prices are stated in US$. Conversions from your local currency to US$ are provided by our online payment provider (PayPal). Fees for currency exchange are included in the exchange rate stated by PayPal.

Taxes: All subscription sales by KineBody Store are subject to a sales tax (on digital goods) by Washington state, USA. The sales tax is included as part of the listed subscription price.

Price changes: We reserve the right to change prices for KineBody Pro subscriptions at any time. These changes will apply only for future purchases; they will not affect any subscriptions for which you’ve already paid. In particular, if we reduce the price for any subscription, you will not be eligible for a refund. Similarly, if we add, remove, or change the features provided with a subscription, after you’ve paid for it, you will not be eligible for a refund.

Operations:

Ordering: You can order Webapp subscriptions during or after your registration at KineBody Store. During registration, you can order a 7 day Free Trial subscription (as described above). After registration, you can order a Free Trial or a paid subscription.

During registration, you can order a 7 day Free Trial subscription by performing one additional step: within the Order section of the Signup form, you need to explicitly check the checkbox for the Free Trial. Then, complete the remainder of the form as described in our Terms of Service. Note that by ordering the Free Trial, you'll be required to agree to these Terms of Sale, in addition to the Terms of Service. After you complete the email confirmation step, you'll be shown an order confirmation (Thanks) page. From there, you can launch the KineBody Pro Webapp, with the Free Trial features unlocked.

After registration, to order a subscription at the KineBody Store, you must be logged in (by launching the App or accessing Your Account). Then, you can access a KineBody Store Order Form, by any of these methods:

In the Webapp subscription Order Form, there is a section to Select subscriptions. The Order Form will show only those subscriptions that satisfy the prerequisites listed above.

After selecting subscriptions, you'll be required to accept the terms of this Agreement, as well as our Terms of Service.

Complete the Order by pressing the Next button, at the bottom of the Order Form. If you order a Free Trial, you'll be transferred to a KineBody Store Order Confirmation (Thanks) page. If you order any paid subscriptions, you'll be transferred to the website of one of our online payment processors (currently, PayPal (www.paypal.com)).

Activation: A Webapp subscription grants you access to extra features within the app: features that were otherwise disabled and/or hidden become enabled and visible. To activate new features after you purchase a new subscription, you must restart the App to ensure proper functioning of the new features. The new features will then be available without further steps, i.e., it's not necessary to download or integrate any extra components.

Checking subscription status: You can check the status (= expiration date) of your Webapp subscriptions several ways: a) Within the App, in the Subscriptions subpanel. b) Within Your (KineBody Store) Account, on the main page, under Active Subscriptions.

Cancellation: There is no reason (or option) to Cancel a Webapp subscription, since the payment is charged only once in advance, and your access to the subscription features will stop automatically at the end of the subscription period.

Refunds: All sales of KineBody Pro Webapp subscriptions are final. KineBody Pro subscriptions are not refundable, under any circumstance. We offer a 7 day Free Trial of our subscription features, which allows you to determine whether the subscription meets your needs, and whether it is compatible with your computer resources (hardware, operating system, browser, and other requirements). If you have questions regarding the features, capabilities, or limitations of KineBody Pro subscriptions that are not evident from a Free Trial, you should contact us before committing to a purchase.

If you've encountered difficulties during the regular term of your subscription, e.g., following some change to your device or operating system, please contact us ([email protected]), as we may be able to resolve the issue. Note that we cannot guarantee a fix, and if not, a refund will not be available.