Terms of Use

TERMS AND CONDITIONS
Last Updated: September 26, 2024

KILOGEAR International Inc. grants you access to our websites, such as www.KILOGEAR.com, www.KILOGEARFITNESS.com, and associated subdomains (collectively, "Sites"), as well as our services, apps, and social media accounts, on the condition that you accept these terms and conditions and the documents they refer to (collectively, "Terms of Use"). By accessing or using our Sites and services, you agree to comply with these Terms of Use, together with our Cookie Policy, Privacy Policy, Terms of Sale, and any other applicable policies.

1. USE OF KILOGEAR INTERNATIONAL INC. WEBSITES AND SOCIAL ACCOUNTS

By accessing www.KILOGEAR.com or any of our related websites or apps (collectively, "Sites, Services, and Apps"), you represent that you are at least 18 years of age, or 19 years old if accessing from Korea, or using the Site with the supervision of a parent or guardian. The content on our Sites—including logos, icons, trademarks, images, text, videos, designs, and other intellectual property—is owned by KILOGEAR International Inc., its affiliates, licensors, or content providers, and is protected by intellectual property laws, including copyright, trademark, and database rights.

You are granted a limited, revocable, non-exclusive license to access and use the Sites for personal, non-commercial purposes. Any unauthorized use, reproduction, distribution, or modification of the Sites or any content therein will result in the termination of your right to use the Sites and may subject you to legal penalties.

Prohibited Uses: You may not:

  • Use our content for data mining, machine learning training, or other automated processes without express written consent.
  • Reproduce, redistribute, or commercially exploit the content without our express written permission.
  • Frame any of our content, modify our logos, or use our intellectual property in any manner that would confuse consumers or damage our brand.
2. PRIVACY AND DATA SECURITY (GDPR & CCPA Compliance)

We are committed to complying with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). If you are a resident of the European Union or California, you have the following rights regarding your personal data:

  • Right to Access: You may request access to the data we have collected about you.
  • Right to Rectification: You may ask us to correct any inaccurate personal information.
  • Right to Erasure (Right to be Forgotten): You may request the deletion of your personal data, provided there are no legal grounds preventing us from doing so.
  • Right to Data Portability: You may request to transfer your data to another service provider.
  • Right to Opt-Out of Data Collection and Cookie Tracking: You may withdraw your consent for data processing, including cookie tracking, at any time. Please review our [Cookie Policy] for detailed instructions on managing cookie settings.

Data Retention Policy: We retain your personal data only as long as necessary for the purposes outlined in our Privacy Policy, or as required by law. Upon your request, we will securely delete your data when it is no longer needed.

For more information on how we collect, store, and use personal data, please review our full [Privacy Policy].

3. SUBSCRIPTION & MEMBERSHIP

By registering for a subscription or membership with KILOGEAR International Inc., you agree to provide accurate, current, and complete registration information. You are responsible for keeping your account credentials secure and notifying us of any unauthorized access.

Auto-Renewals and Cancellations:

  • Subscriptions may automatically renew unless you cancel before the renewal date. If you cancel, you may lose access to subscription benefits after the current billing cycle ends.
  • Refund policies, if applicable, will be outlined during the subscription sign-up process.

Grace Periods and Inactive Accounts:

  • If payment failures occur, we may offer a grace period before suspending access. Accounts inactive for an extended period may also be suspended.
4. USER-GENERATED CONTENT (UGC)

By submitting content, including text, images, videos, and other forms of media (collectively, "Submissions"), you grant KILOGEAR International Inc. a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, distribute, and modify your Submissions for promotional and marketing purposes.

You acknowledge that you have the necessary rights to grant this license and that your Submissions comply with all applicable laws. You also waive any moral rights to the extent permitted by law, meaning we may use your content without attributing authorship, and you agree not to enforce any such rights.

Co-Branding Restrictions: You may not use KILOGEAR International Inc.’s intellectual property, such as logos or trademarks, in a way that implies a partnership or co-branding effort without prior written approval from us.

5. DISPUTE RESOLUTION: MEDIATION AND ARBITRATION

Before initiating any formal dispute resolution process, we encourage you to first reach out to our customer service team to resolve the issue. If disputes cannot be resolved informally, both parties agree to submit the matter to mediation before pursuing arbitration or litigation.

If mediation does not resolve the issue, any disputes shall be resolved through binding arbitration conducted by the American Arbitration Association (AAA) under its rules for commercial disputes. Arbitration will take place in Los Angeles, California, and will be confidential, with each party bearing its own legal costs.

Claims must be brought within one year of the event in question.

6. HEALTH & SAFETY DISCLAIMER

KILOGEAR International Inc. provides weighted apparel and fitness products intended to enhance your workouts. We strongly recommend that you consult with a healthcare professional before using our products or beginning any new fitness regimen. If you have any medical conditions or health concerns, use our products only under the supervision of a qualified medical or fitness professional.

We are not responsible for any injuries that may occur while using our products in ways that deviate from their intended use. Stop using the product immediately if you experience discomfort, dizziness, or shortness of breath.

7. INDEMNIFICATION

By using our products, services, and sites, you agree to indemnify, defend, and hold harmless KILOGEAR International Inc., its affiliates, employees, officers, agents, and partners from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of or in connection with:

  • Your violation of these Terms of Use or applicable laws,
  • Your improper use of the Sites, services, or products,
  • Any Submissions you provide.

This indemnity includes, but is not limited to, any FTC compliance violations regarding the use of affiliate links, endorsements, or influencer collaborations.

8. FTC COMPLIANCE AND ENDORSEMENT GUIDELINES

If you are an influencer, affiliate, or brand ambassador working with KILOGEAR International Inc., you are required to comply with the Federal Trade Commission (FTC) guidelines regarding endorsements and testimonials. All promotional content must clearly disclose any financial relationships, free products, or any other material benefits received from KILOGEAR International Inc.

Affiliate links, paid partnerships, and product reviews must contain a clear and conspicuous disclosure, such as “Sponsored by KILOGEAR” or “Ad,” to ensure compliance with FTC regulations.

9. AFFILIATE LINKS & COOKIES

Some links on our Sites may be affiliate links, meaning KILOGEAR International Inc. earns a small commission if you make a purchase through them. Your browsing experience may also involve the use of cookies to track certain preferences or actions. For more information on our cookie usage and how you can manage your settings, please refer to our [Cookie Policy].

10. LIMITATIONS OF LIABILITY

To the fullest extent permitted by law, KILOGEAR International Inc. shall not be liable for any indirect, incidental, special, or consequential damages, including lost profits or revenue, arising from your use of the Sites, services, apps, or products.

In any event, our total liability for any claim related to the use of our Sites, services, or products will not exceed $500, except where prohibited by law.

11. CHANGES TO THE TERMS AND CONDITIONS

KILOGEAR International Inc. reserves the right to amend these Terms of Use at any time. We will notify users of any material changes through a prominent notice on our Sites. Continued use of our Sites following the posting of changes will constitute your acceptance of those changes.

QUESTIONS AND COMMUNICATION:

If you have any questions or concerns, please email us at support@KILOGEAR.com.