These Terms of Service (“Terms”) govern your use of the KinetaIQ Facility Operator Diagnostic available at kinetaiq.com, operated by Broken R Holdings, LLC Intellectual Property Series (“KinetaIQ,” “we,” “us,” or “our”). By completing the registration step and beginning the diagnostic, you agree to these Terms.
If you do not agree to these Terms, do not complete the diagnostic.
The KinetaIQ Facility Operator Diagnostic is an informational self-assessment tool designed to help sports performance facility operators identify operational gaps across six business dimensions: Sales Execution, Financial Literacy, Pipeline Tracking, Marketing Attribution, Retention, and Operational Discipline. The diagnostic produces a composite score, dimension-level scores, and an estimated revenue and time gap based on your responses.
The diagnostic and its results are not legal advice. The diagnostic and its results are not financial advice. The diagnostic and its results are not medical advice. The diagnostic and its results are not a guarantee of any specific business outcome. Results reflect the information you provide — the accuracy of the diagnostic depends entirely on the accuracy of your responses. KinetaIQ does not independently verify any information you submit.
Your diagnostic score and results are provided for informational purposes. They reflect patterns in your self-reported operational data relative to benchmark data. They are a starting point for conversation and analysis — not a definitive assessment of your business’s financial health, growth trajectory, or operational quality. Any business decisions you make based on diagnostic results are your own decisions and your own responsibility.
By registering for and completing the diagnostic, you acknowledge and consent to the collection and use of your information as described in the KinetaIQ Privacy Policy, available at kinetaiq.com/privacy. The Privacy Policy is incorporated into these Terms by reference.
By completing the diagnostic, you grant KinetaIQ a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, process, and distribute your diagnostic response data in anonymized and aggregated form for the purposes of computing industry benchmark scores, improving the diagnostic and KinetaIQ platform, and conducting research related to sports performance facility operations.
This license applies only to anonymized and aggregated data — data that cannot be used to identify you or your facility individually. KinetaIQ will not publish or distribute your individually identifiable information without your consent.
KinetaIQ owns all benchmark data, derived analyses, and research outputs produced from aggregated diagnostic responses. No ownership interest in benchmark data or derived analyses vests in any individual diagnostic participant.
Completing the diagnostic and clicking “Apply for a Pilot Spot” constitutes an expression of interest in KinetaIQ’s pilot program. It does not constitute a binding application, a contract, or a commitment of any kind from either party.
KinetaIQ reviews pilot applications at its sole discretion and reserves the right to accept or decline any application for any reason without explanation.
Acceptance of a pilot application will be governed by a separate Pilot Program Agreement to be entered into between KinetaIQ and the accepted operator. No pilot program rights or obligations arise until that separate agreement is executed by both parties.
The KinetaIQ Facility Operator Diagnostic, including its question structure, scoring methodology, engine architecture, adaptive branching logic, results framework, copy, and all outputs, is the proprietary intellectual property of KinetaIQ and is protected by trade secret, copyright, and other applicable intellectual property laws.
By completing the diagnostic, you do not acquire any ownership interest in the diagnostic, its methodology, or its outputs beyond the right to receive and use your own results for your own internal business purposes.
You may not reverse-engineer, copy, reproduce, redistribute, publish, or create derivative works from the diagnostic, its scoring logic, its question structure, or its results framework. You may not share diagnostic results in any public forum in a manner that discloses proprietary scoring mechanics or benchmark methodology.
These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions.
Any dispute arising from or relating to these Terms or your use of the diagnostic shall be resolved through binding arbitration in Weatherford, Texas.
You and KinetaIQ each waive any right to a jury trial and any right to participate in a class action arising from or relating to these Terms.
KinetaIQ reserves the right to update these Terms at any time. When we make material changes, we will update the effective date at the top of this page. Your continued use of the diagnostic after any update constitutes acceptance of the revised Terms.
Questions about these Terms may be directed to:
Broken R Holdings, LLC Intellectual Property Series
158 Bittersweet Trail, Weatherford, TX 76088
legal@kinetaiq.com
KinetaIQ operates an SMS messaging program to deliver transactional and service-related messages to contacts who have explicitly opted in.
Program description: KinetaIQ sends transactional and service-related messages to opted-in contacts including appointment reminders, session confirmations, athlete development progress updates, coaching check-ins, and program notifications. Messages are sent to athletes, parents, and facility operators who have explicitly opted in through web forms, verbal consent, or keyword text opt-in. KinetaIQ is a sports performance facility management platform. No promotional or marketing messages are sent without prior express consent.
Opt-in: By providing your mobile phone number and checking the SMS consent box on any KinetaIQ intake form, or by texting a keyword to our designated number, you consent to receive SMS messages from KinetaIQ as described above.
Opt-out: You may opt out at any time by replying STOP to any SMS message from KinetaIQ. You will receive one confirmation message confirming your opt-out. No further messages will be sent after opt-out is processed.
Help: Reply HELP to any message for assistance, or contact us at legal@kinetaiq.com or 158 Bittersweet Trail, Weatherford, TX 76088.
Message frequency: Message frequency varies based on your program activity and appointment schedule.
Message and data rates may apply based on your mobile carrier plan. KinetaIQ is not responsible for any charges incurred from your mobile carrier.
Privacy: Your mobile opt-in data and consent will not be shared with any third parties for their own marketing purposes. SMS data handling is governed by the KinetaIQ Privacy Policy at kinetaiq.com/privacy.
Carrier disclaimer: Carriers are not liable for delayed or undelivered messages.