Terms of Service
These Terms of Service (the "Terms") form a legal agreement between you and KIVN ("KIVN," "we," "us," or "our") and govern your access to and use of the KIVN website, program builder, content, memberships, and coaching services (collectively, the "Services"). By creating an account, purchasing a membership, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
1. Eligibility
You must be at least eighteen years of age, or the age of majority in your state of residence, to create an account or purchase a membership. By using the Services, you represent that you meet this requirement and that all information you provide is accurate and current.
2. Health and Fitness Disclaimer
The Services provide general fitness and educational information, programming, and coaching. They do not constitute medical advice, diagnosis, or treatment. KIVN is not a medical provider, and its coaches do not act as your physician or as a licensed healthcare professional.
You should consult a qualified healthcare professional before beginning any exercise program or nutrition plan, or before changing your training, particularly if you have any medical condition or injury, are pregnant, or have any concern about your ability to exercise safely.
Physical exercise involves inherent risk, including the risk of serious injury. You acknowledge and accept these risks and choose to participate voluntarily. You are solely responsible for exercising within your own physical limits, using proper technique, using safe and appropriate equipment, and discontinuing any activity that causes pain, dizziness, or discomfort. In the event of a medical emergency, you should seek immediate medical attention. Individual results vary, and KIVN makes no guarantee of any particular fitness, weight, strength, or health outcome.
3. Assumption of Risk and Release of Liability
To the fullest extent permitted by law, you voluntarily assume all risks associated with your use of the Services and your participation in any program, exercise, or nutrition guidance. You release and hold harmless KIVN, its owner, coaches, employees, and affiliates from any and all claims, liabilities, damages, or expenses arising out of or related to your use of the Services or your participation in any activity based on them.
4. Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use. We reserve the right to suspend or terminate any account that violates these Terms.
5. Memberships and Fees
KIVN offers a free plan and paid membership tiers. The free plan is provided at no cost and may be modified or discontinued at any time. Paid membership tiers and their current prices are described on our pricing page. All fees are stated in United States dollars and may be subject to applicable taxes.
6. Recurring Billing and Automatic Renewal
Paid memberships are offered as recurring monthly subscriptions. When you purchase a paid membership, you authorize KIVN and its payment processor to charge your designated payment method for an initial subscription fee at the time of purchase, and for a recurring monthly fee on the same calendar day of each subsequent month (your "renewal date"), at the then current price, until you cancel.
You authorize these recurring charges to continue automatically, without further authorization from you, until your subscription is canceled in accordance with these Terms. If your renewal date falls on a day that does not exist in a given month, your subscription will renew on the last day of that month.
7. Failed Payments and Access to Services
If a scheduled payment is declined or otherwise fails, we and our payment processor may attempt to charge your payment method again and may notify you to update your payment information. We reserve the right to suspend, limit, or withhold access to paid features and services, including coaching, custom programming, messaging, and support, during any period in which your account is past due or a payment has not been successfully processed. Access may be restored once your account is brought current.
For any tier that includes coaching or other services delivered by a person, those services are provided only while your subscription is active and paid in full. We may pause or withhold delivery of such services during any period in which your account is not current.
8. Cancellation and Refunds
You may cancel your subscription at any time through your account or by contacting Stripe. Upon cancellation, your subscription will remain active through the end of the current billing period, and you will not be charged for any subsequent period. We do not provide refunds or credits for partial billing periods except where required by law.
Except where required by law, all subscription fees are nonrefundable. If you believe you have been charged in error, please contact us at epolster38@gmail.com, and we will review the matter in good faith.
9. Price Changes
We may change our subscription prices from time to time. If we do, we will provide advance notice, and the revised price will apply to your next renewal following the notice period. Your continued use of a paid membership after a price change takes effect constitutes your acceptance of the new price.
10. Custom Plans and Inquiries
Custom membership tiers, quotes, and inquiries are available on request. The scope and price of any custom service will be agreed separately in writing, including by email. Submitting an inquiry does not create any payment obligation until you accept and pay for the agreed service.
11. Acceptable Use
You agree not to resell, redistribute, or share paid programs, plans, or content without our written permission; attempt to gain unauthorized access to the Services or interfere with their operation; use the Services for any unlawful purpose; or copy, scrape, or reproduce our content except as expressly permitted by these Terms.
12. Intellectual Property
All content, programs, articles, trademarks, branding, and other materials available through the Services are owned by KIVN or its licensors and are protected by applicable intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, personal, nontransferable, and revocable license to access and use the content for your own individual training. You may not reproduce, distribute, or exploit the content for any commercial purpose.
13. Third Party Services
We rely on third-party providers to operate the Services, including a payment processor, an authentication and database provider, an email provider, and a hosting provider. Your use of certain features may also be subject to those providers' terms and policies. We are not responsible for the acts or omissions of any third-party provider.
14. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, secure, or free of errors, or that any particular result will be achieved through their use.
15. Limitation of Liability
To the fullest extent permitted by law, KIVN and its owner, coaches, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any personal injury or property damage, arising out of or related to your use of the Services or any program. In no event will our total aggregate liability for any claim exceed the total amount you paid to us during the three months preceding the event giving rise to the claim.
16. Indemnification
You agree to indemnify, defend, and hold harmless KIVN and its owner, employees, and affiliates from and against any claims, damages, liabilities, and expenses, including reasonable attorney fees, arising out of or related to your use of the Services, your violation of these Terms, or your violation of any law or the rights of any third party.
17. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any violation of these Terms or for nonpayment. You may stop using the Services at any time. The provisions of these Terms that by their nature should survive termination, including the disclaimers, limitation of liability, and indemnification provisions, will survive.
18. Governing Law
These Terms are governed by the laws of the State of Virginia, without regard to its conflict-of-laws principles.
19. Changes to These Terms
We may update these Terms from time to time. When we do, we will post the revised Terms with an updated "Last updated" date. Your continued use of the Services after the revised Terms take effect constitutes your acceptance of the changes.
20. Contact
If you have questions about these Terms, please contact us at KIVN, epolster38@gmail.com.