KILOGEAR International Inc. Services Terms and Conditions

Last Updated: February 18, 2025

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

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. Health and Safety Disclaimer

Your health and safety are paramount. Before participating in any fitness program or using any KILOGEAR product, consult with a healthcare professional to determine if such activities are appropriate for you. Do not disregard professional medical advice or delay seeking it because of information obtained through our Services.By purchasing, engaging with, or using KILOGEAR products and services, you affirm and acknowledge that:

Medical Clearance & Assumption of Risk

You have consulted with a qualified healthcare professional and received approval to engage in physical activities using KILOGEAR products.
Participating in physical activities involves inherent risks, and you voluntarily assume full responsibility for any injuries or damages that may result.
KILOGEAR products are not designed to diagnose, treat, cure, or prevent any medical condition.
Users who experience pain, discomfort, dizziness, or any adverse effects must immediately discontinue use and seek medical attention.
Common risks include but are not limited to muscle strain, joint stress, cardiovascular complications, or other physical conditions.

Limitation of Liability

KILOGEAR makes no representations, warranties, or guarantees regarding the effectiveness of its products for weight loss, muscle gain, endurance improvement, injury prevention, or any other fitness outcome. Results will vary based on individual factors, and any perceived benefits from using KILOGEAR products are subjective and not guaranteed.
KILOGEAR International Inc., its affiliates, and its licensors are not responsible for any injuries, health complications, or damages resulting from the use of its products or services, including but not limited to muscle strain, joint stress, cardiovascular complications, or any other physical condition.
Users assume full responsibility for proper use and acknowledge that improper use, failure to follow provided instructions, or exceeding recommended weight loads may result in injury, for which KILOGEAR is not liable.
The content provided by KILOGEAR, including but not limited to training tips, fitness recommendations, and product descriptions, is for informational purposes only and does not constitute medical advice or professional healthcare guidance. Users should consult with a licensed healthcare professional before beginning any fitness program or using weighted resistance gear. KILOGEAR is not responsible for any decision made based on its content.
By purchasing or using KILOGEAR products, you acknowledge and agree that:

Physical activity carries inherent risks, and you voluntarily assume full responsibility for any injuries, damages, or health issues resulting from your use of KILOGEAR products.
You waive, release, and discharge KILOGEAR from any and all claims, demands, injuries, damages, liabilities, or causes of action—now or in the future—arising out of or related to the use or misuse of KILOGEAR products.
You agree that you will not file, assist, or participate in any lawsuit or legal action against KILOGEAR related to product use, including but not limited to claims of negligence, product liability, or failure to warn.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KILOGEAR'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE USE OF ITS PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED $100.

Indemnification & Legal Waiver

You agree to indemnify and hold harmless KILOGEAR International Inc., its affiliates, and licensors from any and all claims arising from the use or misuse of KILOGEAR products or services.
You waive, release, and permanently discharge KILOGEAR from any and all claims, demands, injuries, damages, liabilities, or causes of action—now or in the future—arising out of or related to the use or misuse of KILOGEAR products. This includes, but is not limited to, claims of negligence, breach of warranty, product liability, personal injury, or failure to warn.
By purchasing or using any KILOGEAR product, you expressly agree that you will not file, assist, or participate in any lawsuit or legal action against KILOGEAR related to the use of its products or services.

Improper Use & Warranty Voidance

Improper use of KILOGEAR products voids all warranties and releases KILOGEAR from any liability. Improper use includes, but is not limited to:

Using the product in ways not intended by KILOGEAR (e.g., excessive weight loads, modification of weights, or structural changes).
Failure to follow recommended care and maintenance instructions.
Using products with pre-existing medical conditions that could be aggravated by resistance training.
Ignoring signs of pain, discomfort, or injury while using KILOGEAR products.

Users assume all risks associated with improper use, and KILOGEAR is not responsible for injuries, damages, or product failures resulting from misuse.

4. Membership, Subscriptions, and Fee

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 & Ownership Rights

All content, images, product designs, trademarks, patents, and proprietary technologies associated with KILOGEAR products and platforms are the exclusive property of KILOGEAR International Inc. and are protected by U.S. and international intellectual property laws, including copyright, trademark, and patent laws.

By accessing or using KILOGEAR's website, products, or digital content, you acknowledge and agree that:

Trademarks & Branding Protection

"KILOGEAR," "KILOGEAR PRO," and all associated logos, product names, and branding elements are trademarks and service marks owned exclusively by KILOGEAR International Inc.
You may not use KILOGEAR trademarks, logos, or branding in any way that suggests affiliation, endorsement, or approval by KILOGEAR without express written permission.

Copyright Protection (Content & Product Materials)

All website content, product descriptions, training materials, images, videos, and graphics are copyrighted works owned by KILOGEAR.
Users may not copy, reproduce, distribute, modify, or create derivative works based on any KILOGEAR content, including text, graphics, or multimedia, without prior written authorization.

Patents & Proprietary Technology

KILOGEAR owns and has patents pending for its micro-weight system, weighted vest technology, and other proprietary training innovations.
Any attempt to reverse engineer, modify, reproduce, create derivative works, or otherwise replicate any KILOGEAR product, weight distribution system, or proprietary training innovations, whether for personal or commercial use, is strictly prohibited and will result in legal action.

Unauthorized Commercial Use is Prohibited

Users may not sell, resell, distribute, or exploit any KILOGEAR product or digital content for commercial purposes without prior approval.
KILOGEAR reserves the right to pursue legal action against unauthorized resellers or distributors.

Reporting IP Violations

If you believe that any content, branding, or proprietary material on KILOGEAR’s platforms violates your intellectual property rights, you may contact [Insert Legal Contact Email].
KILOGEAR reserves the right to remove infringing content, suspend accounts, and take legal action against individuals or companies infringing on its intellectual property.

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. 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.

11. 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.

12. 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.

13. 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.

14. Contact Information

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

15. 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.

16. 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.