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TERMS OF SERVICE & PRIVACY POLICY AGREEMENT

Effective Date: 1/1/2023
Last Updated: 10/4/2025

This Terms of Service & Privacy Policy Agreement (“Agreement”) governs your access to and use of the websites, applications, content, and services operated by Champion Sports Complex & Hotels Inc DBA Kenotix Virtual Training (“Kenotix,” “we,” “our,” or “us”).

By creating an account, accessing, or using any Kenotix Services, including Kinotek Assessments, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not use the Services.

1. DEFINITIONS

“Services” means the Kenotix Virtual Training website, app, assessments, exercise programs, community content, communications, and any related materials or features we provide.

“User,” “you,” or “your” means any individual or organization accessing or using our Services.

“Personal Data” means any information that identifies or can reasonably identify you.

“Company” refers to Champion Sports Complex & Hotels Inc DBA Kenotix Virtual Training, its officers, employees, contractors, and affiliates.

2. ELIGIBILITY

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services. If you are under 18, you may use the Services only with the consent of a parent or guardian who agrees to be bound by this Agreement on your behalf.

3. ACCOUNT REGISTRATION

To access certain features, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information.

  • Maintain the confidentiality of your login credentials.

  • Accept responsibility for all activity under your account.

Kenotix reserves the right to suspend or terminate accounts that violate these Terms.

4. PAYMENT & SUBSCRIPTION TERMS

All subscription fees, training packages, and related charges are displayed at checkout.

Payments are processed securely through third-party providers (e.g., Stripe). We do not store full payment card details.

Subscriptions automatically renew unless canceled before the next billing cycle.

Refunds are issued only as outlined in your purchase agreement or as required by law.

You agree to pay any applicable taxes or transaction fees.

5. ACCEPTABLE USE POLICY

You agree not to:

  • Use the Services for unlawful purposes or to promote illegal activity.

  • Share or post false, misleading, or harmful content.

  • Attempt to hack, reverse-engineer, or disrupt our systems.

  • Use automated tools to scrape or extract data.

  • Violate intellectual property or privacy rights of others.

We may suspend or permanently terminate accounts engaging in prohibited conduct.

6. INTELLECTUAL PROPERTY

All content, software, designs, videos, assessments, and materials on the Services are the property of Kenotix Virtual Training or its licensors.
You may not copy, reproduce, or distribute any portion of the Services without prior written consent.

7. HEALTH DISCLAIMER & WAIVER OF LIABILITY

7.1. No Medical Advice

Kenotix Virtual Training provides fitness assessments and educational content for informational purposes only.
We are not a medical provider, and our Services are not a substitute for professional medical advice, diagnosis, or treatment.
Always consult your physician before beginning any exercise or nutrition program.

7.2. Assumption of Risk

By participating in any Kenotix program, workout, or assessment—whether guided virtually or self-directed—you acknowledge that physical activity involves inherent risks, including but not limited to:

  • Strains, sprains, muscle soreness, or injuries;

  • Cardiovascular stress or complications;

  • Aggravation of existing health conditions.

You voluntarily choose to participate and assume full responsibility for your health, safety, and results.

7.3. Release & Hold Harmless

You hereby release and forever discharge Kenotix, Champion Sports Complex & Hotels Inc, and their officers, directors, employees, agents, and affiliates from any and all liability for:

  • Injury, illness, death, or property damage arising out of or related to your use of our Services;

  • Misuse of training materials, incorrect performance of exercises, or failure to follow instructions;

  • Use or malfunction of fitness equipment, software, or internet connections.

You agree to indemnify and hold harmless Kenotix against any claims, losses, or expenses (including legal fees) arising from your participation or breach of this Agreement.

7.4. Technology Limitation

Kenotix is not liable for harm resulting from interruptions, data loss, or reliance on automated fitness recommendations. You are responsible for confirming that any physical activity is appropriate for your condition.

PRIVACY POLICY

8.1. Information We Collect

We collect:

  • Contact information (name, email, phone, address)

  • Fitness and assessment data (mobility scores, body metrics, goals)

  • Device and usage information (IP address, analytics data, cookies)

  • Payment details (processed by third-party vendors)

  • Communication logs (messages, feedback, session notes)

8.2. How We Use Your Information

We use your information to:

  • Create and manage your user account

  • Deliver customized workouts and assessments

  • Send updates, reminders, and motivational content

  • Process billing and transactions

  • Improve user experience and platform performance

  • Comply with legal and regulatory obligations

  • Assess data for research and development purposes through certified professional organizations

We never sell your personal data.

8.3. Data Sharing

We may share limited data with:

  • Authorized trainers or corporate wellness partners (only as required)

  • Payment processors, hosting providers, and analytics tools

  • Legal authorities when required by law

  • University research programs

All third parties must comply with strict data-protection agreements.

8.4. Cookies and Tracking

We use cookies, pixels, and analytics to improve functionality and understand user behavior. You may disable cookies in your browser, but some features may not work correctly.

8.5. Data Security

We use encryption, secure servers, and role-based access controls. While no system is infallible, we follow industry-standard practices to protect your information.

8.6. Data Retention

We retain personal data only as long as necessary to fulfill the purposes above or comply with legal obligations. You may request deletion at any time by contacting support@kenotixusa.com or calling 316-867-6069.

8.6.1. Health Data Utilization

Our app collects and processes health-related information such as workout activity, exercise logs, heart rate, mobility metrics, and other fitness-related data. This data is collected only with your explicit consent and is used exclusively to provide core app features, including:

  • Personalized fitness tracking and progress insights

  • Musculoskeletal assessments and exercise recommendations

  • Syncing with wearable devices and connected fitness platforms

  • Cross-device synchronization of your fitness data

We do not share your health data with any third parties, and we do not use this data for advertising or marketing purposes. All health information is encrypted, stored securely, and accessible only to authorized personnel who require it to deliver services.

We adhere to industry-standard best practices for data security and privacy protection.

If you choose to delete your account, all associated personal and health-related information will be permanently deleted from our systems, subject to any legal data retention requirements.

8.7. Account Deletion

To request the deletion of your personal information from our database, you can submit a request through our in-app settings or contact form available on our platform. For such requests, please write "delete my account" in the subject line and include your first and last name and email address in the body of the message.

We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for administrative purposes.

Please note that we will store communications you send through the Service, as well as any comments you post, and they may not be subject to modification or deletion.

You may also control the information that we collect through your browser or mobile device settings. You may configure your browser to reject cookies and adjust your mobile device to prevent location access. However, please note that the Service may rely on cookies and location data to function properly, and certain features may not be available if you disable them.

8.8. Your Rights

You may request access, correction, or deletion of your personal data.
We respond to verified requests within 30 days, as required by applicable law.

9. LIMITATION OF LIABILITY

To the fullest extent permitted by law:
Kenotix, its affiliates, and licensors shall not be liable for any indirect, incidental, or consequential damages, loss of profits, or data arising from your use of our Services.

Our total aggregate liability shall not exceed the amount you paid for Services in the past 12 months.

Some jurisdictions do not allow such limitations, so parts of this clause may not apply to you.

10. TERMINATION

Kenotix may suspend or terminate your access to Services if you:

  • Violate this Agreement;

  • Misuse the platform or disrupt other users; or

  • Fail to pay for paid subscriptions.

Upon termination, your access to the Services will end immediately. Certain sections (e.g., Liability, Privacy, and Governing Law) will survive termination.

11. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, United States.
Any dispute shall be resolved through binding arbitration conducted in Saline County, Kansas, under the rules of the American Arbitration Association.
Each party bears its own costs and attorney’s fees unless otherwise ordered.

12. CHANGES TO THIS AGREEMENT

We may update this Agreement periodically.
When changes are material, we will notify you via email or in-app alert.
Continued use of the Services constitutes acceptance of the updated version.

13. CONTACT INFORMATION

Champion Sports Complex & Hotels Inc DBA Kenotix Virtual Training
📍 314 W Prescott Ave, Salina KS 67401
📧 support@kenotixusa.com
📞 316-867-6069

14. ACKNOWLEDGMENT

By clicking “I Agree,” signing up, or using Kenotix Services, you:

  • Confirm that you have read and understood this Terms of Service & Privacy Policy Agreement, including the Waiver of Liability;

  • Voluntarily accept all terms and conditions;

  • Acknowledge that participation in physical activity is at your own risk.

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