KILOGEAR International Inc. Services Terms and Conditions

Last Updated: September 26, 2024

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. KILOGEAR International Inc. (together with our affiliates, “KILOGEAR”, “KILOGEAR CUT”, “FHIIT”, “KILOGEAR Fitness”, “we”, or “us”) provides online and app-based fitness programs, related products, services, content, and features through KILOGEAR International Inc. websites and apps. Collectively, the KILOGEAR International Inc. websites, programming, apps, and controlled social media pages are referred to as "the Services." By registering as a member or by visiting, browsing, or using the Services, you (the “user”) agree to be bound by these Terms of Service (“Terms”), forming a binding agreement between you and KILOGEAR International Inc.

By agreeing to these terms, you are also consenting to our Privacy Policy, Cookie Policy, and Terms of Use.

1. Who May Use the Service

Age Requirement: If you are under 18 (or the age of majority in your jurisdiction), your parent or legal guardian must review and agree to these terms on your behalf. If you and, in the case of minors, your parent or guardian do not agree to be bound by these terms, you are not permitted to access or use the Services.
Eligibility: We reserve the right to change eligibility criteria at any time and refuse service to any person or entity at our discretion. The Services are only offered for personal, non-commercial use.

2. License to Use the Service

Subject to your compliance with these Terms, KILOGEAR International Inc. grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Services for personal, non-commercial purposes. This license is conditioned upon your agreement to comply with KILOGEAR’s Intellectual Property and DMCA Policy.

Restrictions:

You may not reproduce, redistribute, sell, transfer, create derivative works, reverse engineer, decompile, or disassemble the Services, nor use the Services for commercial purposes without express permission from KILOGEAR International Inc.

3. Privacy, Data Collection, and GDPR/CCPA Compliance

We value your privacy and comply with data protection regulations, including the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA). You have the following rights:

Right to access: You may request access to the personal data we collect about you.
Right to rectification: You may request corrections to any inaccurate personal data.
Right to deletion: You may request deletion of your personal data.
Right to opt-out: You have the right to opt out of data collection, cookie tracking, or the sale of personal data, where applicable.

We retain personal data only as long as necessary for the purposes set out in our Privacy Policy or as required by law.

Please refer to our Privacy Policy for full details on how we collect, store, and protect your data.

4. Membership, Subscriptions, and Fees

To access the full range of Services, you must register as a member and enter into a subscription agreement (“Subscription”).
You are responsible for providing accurate registration information and keeping your account updated. Failure to do so may result in suspension or termination of your account.
Participation in live classes may be subject to additional fees.
Your Subscription is governed by the Membership Terms, including automatic renewal of fees, unless canceled per the terms provided on our platform.

5. Sale of Products

KILOGEAR International Inc. accepts orders for apparel, fitness gear, and other products through our Services.
Availability of products cannot be guaranteed, and product information is subject to change without notice.
All sales are subject to our Warranty and Return Policy.

6. Influencer and Affiliate Terms

We work with influencers and affiliates in promoting KILOGEAR products and services, but compensation details for such relationships remain at our sole discretion and are not disclosed publicly.

Co-Branding and Restrictions:

Influencers and affiliates must not use KILOGEAR trademarks, logos, or proprietary materials in ways that conflict with KILOGEAR’s brand values or co-brand in any way that might damage the brand’s reputation.
Influencers must comply with FTC Endorsement Guidelines, clearly disclosing paid partnerships and promotional relationships with KILOGEAR.

7. Data Security and Third-Party Applications

KILOGEAR International Inc. employs industry-standard security protocols to protect personal information.
Users must acknowledge that KILOGEAR International Inc. may integrate third-party apps or services. Third-party software or apps not expressly authorized may void warranties or support commitments from KILOGEAR.

8. Intellectual Property and Usage of Content

All content, including trademarks, logos, and product designs, is the intellectual property of KILOGEAR International Inc. and is protected by copyright and trademark laws.
Users are prohibited from modifying, distributing, or reverse-engineering any content unless expressly authorized by KILOGEAR.

9. Dispute Resolution, Arbitration, and Mediation

Initial Dispute Resolution: We encourage users to reach out to our support team to resolve any issues before initiating formal dispute processes.
Mediation: Before moving to arbitration, the parties agree to attempt to resolve disputes through mediation.
Arbitration: Any unresolved disputes will be settled through binding arbitration, and both parties waive their right to a jury trial or class action suit. The arbitrator's decision will be final and binding, and arbitration will take place in the jurisdiction of the user’s residence or another agreed location.

10. Health and Safety Warnings

Users are encouraged to consult their healthcare provider before using any KILOGEAR fitness products or services. KILOGEAR International Inc. is not responsible for any health issues arising from improper use.
You assume all risks associated with fitness activities and agree to hold KILOGEAR harmless from any liability related to your use of the products or services.

11. Indemnification and Limitation of Liability

You agree to indemnify and hold harmless KILOGEAR International Inc., its officers, employees, and agents from any claims, liabilities, damages, or losses resulting from your breach of these Terms or your misuse of our products or services.
KILOGEAR’s liability is limited to $500, or the amount paid by the user in the 12 months preceding the claim, whichever is lower. Liability for indirect, incidental, or consequential damages is expressly excluded.

12. Affiliate Disclosures and FTC Compliance

We comply with all FTC guidelines regarding endorsement and affiliate marketing disclosures. Influencers and affiliates must:

Clearly state any compensation or sponsorship relationships when promoting KILOGEAR products or services.

13. Modifications to the Services and Terms

KILOGEAR International Inc. reserves the right to modify these Terms at any time. Users will be notified of significant changes via email or through the Services.
Continued use of the Services following any updates constitutes acceptance of the revised terms.

14. Force Majeure

KILOGEAR International Inc. will not be liable for delays or failure to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, strikes, and technical failures.

15. Contact Information

For support inquiries or legal notices, please contact: KILOGEAR International Inc.: support@KILOGEAR.com

16. Entire Agreement

These Terms, along with our Privacy Policy, Cookie Policy, and Membership Terms, represent the entire agreement between you and KILOGEAR International Inc. regarding the Services.

17. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of Nevada, without regard to conflict of law principles.