Terms of Services

All Purchase Orders accepted by KILO (“Seller”) are subject to the terms and conditions set forth herein. Seller hereby objects to any additional or different terms and conditions proposed by Client. Any such proposed terms and conditions shall be void, and the terms and conditions herein shall constitute the complete and exclusive statement of the terms and conditions of any Purchase Orders between the parties. When used in these terms and conditions, the word “Services” or “services” means the KILO Gym Website services or the KILO Gym Lead Machine services provided by Seller to Client pursuant to this Purchase Order.

Note: For Clients who purchase a package of Services that includes 1200 SMS messages per month, the following additional terms apply:

  • Accounts will be auto-charged $10 per 500 additional messages when the monthly limit is Accounts located outside North America will be charged $20 per 500 additional messages when the monthly limit is exceeded.
  • Additional messages do not roll over, and accounts will be reset to 1200 at the beginning of each account billing
  • Clients located outside North America may provide their own Twilio. Clients who provide their own Twilio account will be responsible for all Twilio costs.

 

Note: For Clients who want their websites to include a Free Intro Zoom Call Calendar:

  • Zoom licenses and links must be provided by Client.

 

Note: For Clients subscribed to Kilo’s Gym Website service, the following terms apply

  • Lead capture is completed via a single form to collect the first name, last name, email and phone number of the lead.
  • The firm will deliver lead information to the email address of the client’s choice.
  • Kilo websites are not integrated with third party providers for the purpose of lead capture, nurture, scheduling, or sales.

 

Note: For Clients who purchase a package of Services that includes an option for complete site redesign once per “year” (defined as once each 52 billing cycles), the following additional terms apply:

  • A complete redesign is defined as building an entirely new site from scratch and will require the Client to fill out a new Any customizations created on the Client’s previous site must be recreated/requested through KILO’s request forms.
  • The Client will have no access to the previous KILO site immediately after the re-design process is complete.
  • Any custom design work requested from the Design Library will need to be re-requested as per the deployment.
  • Any re-design completed by KILO at Client’s request obligates Client to an additional year of Services.


Note: For Clients who purchase a package of Services that includes “Current, In-house Second Call to Action”,

  • changes to this call to action may be made only if all copy, imagery, and relevant downloads and/or links to downloads, as applicable, are provided by the client.

Section 1. Definitions

A “custom landing page/thank you page” is defined as any page that requires new calendar, custom layout, new forms, and/or new campaign and trigger

 

A “block” is defined as an individual section that is within a single webpage

 

For any changes to template fonts, the “font” must be a Google Free Font

Section 2. Exclusions

Seller does not offer any of the following, regardless of which package of services is purchased by Client

 

  1. Custom Copywriting on pages, funnel or lead nurture campaigns
  2. Facebook or Google Advertising / Marketing
  3. Customization on ad sets or ads, including but not limited to demographics, imagery and offers.
  4. Custom website themes
  5. Additional website plugins
  6. Support for/on any third party service providers, such as booking and billing software, scheduling software, email or automation software

Section 3. GDPR/CCPA Compliance

Seller stores personal data on behalf of Client. Client may provide lead and client data as  accounts are populated. Lead, member and alumni information may be collected and stored in the software. This information may include:

 

  1. IP Address
  2. Phone Number
  3. Email Address
  4. Name
  5. Residential Address
  6. Photos

 

All of the information provided by the Client, including information that is collected during the Term of this agreement, belongs to the Client. It is the sole responsibility of the Client to ensure the data above is used in accordance with any GDPR, CCPA or similar local laws and regulations.

 

If Client’s business is located in the EU, the following features will be added by Seller:

 

  1. User consent to use cookies
  2. The right for a user to be forgotten

 

If Client’s business is located in California, the following feature will be added by Seller:

 

  1. User consent to use cookies

 

If there are additional features, beyond those listed above, that the Client requires to comply with local laws and/or regulations, it is the sole responsibility of the Client to inform the Seller. If there are updates or changes in the local laws and/or regulations in the Client’s area, it is the sole responsibility of the Client to inform the Seller of such updates or changes.

Section 4. Hours of Service

The Seller’s hours of service are 7 days per week 9:00-17:00 Eastern Standard Time, excluding United States Federal Holidays. Seller will respond within twenty-four (24) business hours to written notices received from Client.

Section 5. Termination

In the event that either Party breaches these Terms and Conditions, the non-breaching Party may terminate the relationship immediately, upon written notice to the breaching Party, with no further liability to the breaching Party.

Section 6. Effect of Termination

Client understands and agrees that Client is leasing all tangible and intangible aspects of the website created by Seller for Client (including, without limitation, the website’s design, development, campaigns, and phone numbers), which creations remain the intellectual property of Seller at all times. Therefore, upon termination of this Agreement for any reason, Client will have neither ownership of nor license to use Seller’s intellectual property. See also “Intellectual Property” section (Section 9) below.

Section 7. Compensation

If Client changes their chosen template at any point during the build process, Seller may charge, at Seller’s discretion, a $500.00 template-change fee, which will be auto-billed  to Client.

All payments to Seller from Client are due on a recurring auto-billing cycle, every seven (7) days, on the same day every week.

The first payment is required within 2 days of the subscription date. Failure to pay will result in loss of service.

No refunds will be issued for products built or services rendered.

Seller generally charges set-up fees for all Clients, which fees are disclosed on the Purchase Order. Set-up fee waivers are available, at Seller’s discretion. If a waiver is granted, Client must commit to at least 52 weeks of services (the specific service plan will be listed on the Purchase Order). If a Client who receives a waiver cancels early or attempts to cancel early, the Client will still be charged for the full 52 weeks of service.

Section 8. Confidentiality

Confidential information (the “Confidential Information”) refers to any data or information relating to the  business of the Client that would reasonably be considered to proprietary to the Client including accounting records, business processes, client records, and other information not generally known in the Client’s industry, the release of which could reasonably be expected to cause harm to the Client. Seller agrees not to disclose any Confidential Information provided by Client to Seller, except as authorized by the Client or as required by law. The confidentiality obligations of this Section 8 apply during the Term and will survive for a period of one (1) year upon termination.

Section 9. Intellectual Property and Indemnification

All intellectual property and related material (the “Intellectual Property”) created by Seller in fulfillment of Client’s Purchase Order is and remains the sole property of the Seller. This Intellectual Property includes, but is not limited to, all campaigns, images, and other materials produced by Seller to fulfill the Purchase Order. Seller grants to Client, only during the Term and only on the condition that Client is in compliance with these Terms and Conditions, a non-exclusive  license to use the Intellectual Property on Client’s website.

 

Client understands and agrees that, though Client does not own the Seller’s products, Client has sole and exclusive responsibility for ensuring that the content of the website and campaigns complies with any applicable laws in the jurisdiction(s) where Client operates.

 

Any images provided by Client to Seller must be owned by Client and remain the property of Client. The Client is solely responsible for any copyright or other infringement related to Seller’s use of the Client-provided images in fulfillment of Client’s Purchase Order and agrees to indemnify Seller. See Section 10 (“Indemnification”) below.

Section 10. Indemnification

10.1 Seller’s Indemnity. The Seller agrees to defend, indemnify and hold Client and all of its respective directors, officers, personnel, successors, assigns, and customers, harmless from any and all expenses, damages, awards, claims, actions, demands, losses, liabilities and causes of action (including, but not limited to, attorneys’ fees and expenses) arising out of or related to infringement or an alleged infringement of any copyright, trademark or other intellectual property right furnished by Seller to Client. Seller shall defend and settle all suits brought against Client at the sole expense of Seller. Client shall give Seller prompt notice of any claim subject to indemnification of which it is formally notified. The failure of Client to provide Seller with prompt notice does not relieve Seller of its obligations under this Section 10.1 unless such failure to promptly notify Seller causes irreparable harm. In all events, Client has the right at its own expense to participate in the defense of any such suit or proceeding through counsel of its own choosing.

 

10.2 Client’s Indemnity. The Client agrees to defend, indemnify and hold Seller and all of its respective directors, officers, personnel, successors, assigns, and customers, harmless from any and all expenses, damages, awards, claims, actions, demands, losses, liabilities and causes of action (including, but not limited to, attorneys’ fees and expenses) arising out of or related to infringement or an alleged infringement of any copyright, trademark, or other intellectual property right furnished by Client to Seller. Client shall defend and settle all suits brought against Seller at the sole expense of Client. Seller shall give Client prompt notice of any claim subject to indemnification of which it is formally notified. The failure of Seller to provide Client with prompt notice does not relieve Client of its obligations under this Section 10.2 unless such failure to promptly notify Client causes irreparable harm. In all events, Seller has the right at its own expense to participate in the defense of any such suit or proceeding through counsel of its own choosing.

Section 11. Delivery Schedule

Seller will use its best efforts to deliver the Products & Services to the Client’s reasonable satisfaction on or before the milestone dates set out below. The delivery schedule is highly dependent on the Client providing the information the Seller requests in a timely manner.

For example, Seller endeavors to deliver the website seven (7) business days after Client returns the Questionnaire provided by Seller. Client agrees to devote an adequate amount of time to complete any Questionnaire(s) it receives from Seller.

 

Client agrees to provide Seller with any information and materials in a timely manner as reasonably requested by Seller, if required to meet the delivery requirements. It is Client’s sole responsibility to ensure that information and materials delivered by Client to Seller are accurate and within Client’s lawful disposition. Seller reserves the right to require proof of ownership of any materials submitted by Client, including, but not limited to, photos, logos, and other copy.

Section 12. Publicity Release

As a condition of making a purchase from Seller, Client agrees to be featured, without notice and without compensation, in any of Seller’s publicity, advertising, and/or marketing materials.

Section 13. General

13.1 Binding Effect. These Terms and Conditions will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted

13.2 Governing Law. The laws of the State of Florida, without giving effect to its conflicts of law principles, govern all matters arising out of or relating to these Terms and Conditions, including, without limitation, its validity, interpretation, construction, performance, and enforcement. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms and

13.3 Venue. The parties consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in Florida for the purposes of adjudicating any matter arising out of or relating to these Terms and

13.4 Notices. Any notice required or permitted under these Terms and Conditions is to be given in writing and is deemed effectively given: (a) upon personal delivery to the party to be notified; (b) upon confirmation of receipt by fax by the party to be notified; or, (c) deposit with a reputable overnight courier, prepaid for overnight delivery and addressed as set forth in this section and upon confirmation of delivery by said courier. Any notice required to be given to a party under these Terms and Conditions are to be delivered to the following addresses, or any other addresses designated by the parties by notices delivered in accordance with this section:

If to Seller:

KILO                

 
 

 1480 Royal Palm Beach Blvd A

Royal Palm Beach, FL 33411                

 

If to Client:

                          

[Name]

 

                          

[Title]

 

                          

[Address]

   

13.5 No Waiver. The failure of a party to enforce a provision or to exercise a right under these Terms and Conditions shall not be considered a general waiver. The express waiver of a provision is to be effective only in the specific instance, and as to the specific purpose, for which it was

13.6 Severability. If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions remain in full force and effect

13.7 Section Headings and Captions. The section headings and captions contained in this Terms and Conditions are for convenience only and do not affect the construction or interpretation of any provision

13.8 Remedies. Unless stated otherwise, all remedies provided for in these Terms and Conditions Agreement are to be cumulative and in addition to, not in lieu of, any other remedies available to either party at law, in equity or otherwise.

13.9 Compliance with Applicable Laws. The parties shall at all times conduct their activities hereunder in compliance with all applicable laws, rules, and regulations of the United States of

13.10 Non-Agency. Nothing in these Terms and Conditions, and no conduct, communication, trade practices, or course of dealing, shall be interpreted or deemed to create any partnership, joint venture, association, agency, syndicate, or fiduciary relationship between the parties or their subsidiaries or affiliates. Nothing in these Terms and Conditions gives either party the right, power, or authority to make any statements, commitments, or agreements that bind the other

13.11 Entire Agreement. These Terms and Conditions are intended by the Buyer and Seller as a final expression of their agreement and are intended also as a complete and exclusive statement of the terms and conditions of Buyer’s Purchase Order(s). No amendment, waiver or modification of these Terms and Conditions is binding unless in writing and signed by authorized representatives of both

13.12 Signatures. Facsimiles, photocopies or other electronic reproductions or copies of original signatures are deemed as legally enforceable as the originals

13.13 Survival. Upon termination or expiration of these Terms and Conditions for any reason, any section that by its nature should survive this Agreement will survive and continue in effect and be binding upon the parties, including, without limitation Sections 6, 8, 9, 10, and 12.

Privacy Policy

KILO understands that your privacy is important to you. We are committed to protecting the privacy of your personally-identifiable information as you use this website. This Privacy Policy tells you how we protect and use information that we gather from you. By using this website, you consent to the terms described in the most recent version of this Privacy Policy. You should also read our Terms of Use to understand the general rules about your use of this website, and any additional terms that may apply when you access particular services or materials on certain areas of this website. “We,” “our” means KILO and its affiliates. “You,” “your,” visitor,” or “user” means the individual accessing this site.

Personal and Non-personal Information

Our Privacy Policy identifies how we treat your personal and non-personal information.

What Is Non-personal Information and How Is It Collected and Used?

Non personal information is information that cannot identify you. If you visit this web site to read information, such as information about one of our services, we may collect certain non-personal information about you from your computer’s web browser. Because non-personal information cannot identify you or be tied to you in any way, there are no restrictions on the ways that we can use or share non-personal information. What is personal information and how is it collected? Personal information is information that identifies you as an individual, such as your name, mailing address, e-mail address, telephone number, and fax number. We may collect personal information from you in a variety of ways: • When you send us an application or other form • When you conduct a transaction with us, our affiliates, or others • When we collect information about in you in support of a transaction, such as credit card information • In some places on this web site you have the opportunity to send us personal information about yourself, to elect to receive particular information, to purchase access to one of our products or services, or to participate in an activity.

Are Cookies or Other Technologies Used to Collect Personal Information?

Yes, we may use cookies and related technologies, such as web beacons, to collect information on our web site. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you register with us, a cookie helps KILO to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same KILO website, the information you previously provided can be retrieved, so you can easily use the features that you customized. A web beacon is a small graphic image that allows the party that set the web beacon to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to the web pages on the web site or to monitor how our users navigate the web site, and we may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded.

Third party vendors also may use cookies on our web site. For instance, we may contract with third parties who will use cookies on our web site to track and analyze anonymous usage and volume statistical information from our visitors and members. Such information is shared externally only on an anonymous, aggregated basis. These third parties use persistent cookies to help us to improve the visitor experience, to manage our site content, and to track visitor behaviour. We may also contract with a third party to send e-mail to our registered [users/members].

To help measure and improve the effectiveness of our e-mail communications, the third party sets cookies. All data collected by this third party on behalf of KILO is used solely by or on behalf of KILO and is shared externally only on an anonymous, aggregated basis. From time to time we may allow third parties to post advertisements on our web site, and those third-party advertisements may include a cookie or web beacon served by the third party. This Privacy Policy does not cover the use of information collected from you by third party ad servers. We do not control cookies in such third party ads, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad. We will not share your personal information with these companies, but these companies may use information about your visits to this and other web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you, and they may share your personal information that you provide to them with others.

 

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the KILO websites you visit.

How Does KILO Use Personal Information?

KILO may keep and use personal information we collect from or about you to provide you with access to this web site or other products or services, to respond to your requests, to bill you for products/services you purchased, and to provide ongoing service and support, to contact you with information that might be of interest to you, including information about products and services of ours and of others, or ask for your opinion about our products or the products of others, for record keeping and analytical purposes and to research, develop and improve programs, products, services and content.

Personal information collected online may be combined with information you provide to us through other sources We may also remove your personal identifiers (your name, email address, social security number, etc). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information. Finally, we may use your personal information to protect our rights or property, or to protect someone’s health, safety or welfare, and to comply with a law or regulation, court order or other legal process.

Does KILO Share Personal Information With Others?

We will not share your personal information collected from this web site with an unrelated third party without your permission, except as otherwise provided in this Privacy Policy. In the ordinary course of business, we may share some personal information with companies that we hire to perform services or functions on our behalf. In all cases in which we share your personal information with a third party for the purpose of providing a service to us, we will not authorize them to keep, disclose or use your information with others except for the purpose of providing the services we asked them to provide.

 

We will not sell, exchange or publish your personal information, except in conjunction with a corporate sale, merger, dissolution, or acquisition. For some sorts of transactions, in addition to our direct collection of information, our third party service vendors (such as credit card companies, clearinghouses and banks) who may provide such services as credit, insurance, and escrow services may collect personal information directly from you to assist you with your transaction. We do not control how these third parties use such information, but we do ask them to disclose how they use your personal information before they collect it.

 

If you submit a review for a third party (person or business) using our Facebook Fan Review Application, during the submission process we ask your permission to gather your basic information (such as name and email address) which we then share with the third party for whom you are submitting the review. We may be legally compelled to release your personal information in response to a court order, subpoena, search warrant, law or regulation.

 

We may cooperate with law enforcement authorities in investigating and prosecuting web site visitors who violate our rules or engage in behavior, which is harmful to other visitors (or illegal). We may disclose your personal information to third parties if we feel that the disclosure is necessary to protect our rights or property, protect someone’s health, safety or welfare, or to comply with a law or regulation, court order or other legal process. As discussed in the section on cookies and other technologies, from time to time we may allow a third party to serve advertisements on this web site.

 

If you share information with the advertiser, including by clicking on their ads, this Privacy Policy does not control the advertisers use of your personal information, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad.

How Is Personal Information Used for Communications?

We may contact you periodically by e-mail, mail or telephone to provide information regarding programs, products, services and content that may be of interest to you. In addition, some of the features on this web site allow you to communicate with us using an online form. If your communication requests a response from us, we may send you a response via e-mail. The e-mail response or confirmation may include your personal information. We cannot guarantee that our e-mails to you will be secure from unauthorized interception.

How Is Personal Information Secured?

We have implemented generally accepted standards of technology and operational security in order to protect personally-identifiable information from loss, misuse, alteration, or destruction. Only authorized personnel and third party vendors have access to your personal information, and these employees and vendors are required to treat this information as confidential. Despite these precautions, we cannot guarantee that unauthorized persons will not obtain access to your personal information.

This site contains links to other sites that provide information that we consider to be interesting. KILO is not responsible for the privacy practices or the content of such web sites.

Public Discussions

This site may provide public discussions on various business valuation topics. Please note that any information you post in these discussions will become public, so please do not post sensitive information in the public discussions. Whenever you publicly disclose information online, that information could be collected and used by others. We are not responsible for any action or policies of any third parties who collect information that users disclose in any such forums on the web site. KILO does not agree or disagree with anything posted on the discussion board. Also remember that you must comply with our other published policies regarding postings on our public forums.

How Can a User Access, Change, and/or Delete Personal Information?

You may access, correct, update, and/or delete any personally-identifiable information that you submit to the web site. You may also unsubscribe from mailing lists or any registrations on the web site. To do so, please either follow instructions on the page of the web site on which you have provided such information or subscribed or registered or contact us at hello @ usekilo.com.

Children’s Privacy

KILO will not intentionally collect any personal information (such as a child’s name or email address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.

Changes

KILO reserves the right to modify this statement at any time. Any changes to this Privacy Policy will be listed in this section, and if such changes are material, a notice will be included on the homepage of the web site for a period of time. If you have any questions about privacy at any websites operated by KILO or about our website practices, please contact us at: hello @ usekilo.com.

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