KILOGEAR, Inc. Subscription Terms
By purchasing or using a KILOGEAR, Inc. Service, Subscription or Subscription, you agree to the following terms and conditions, which supplement and form a part of the KILOGEAR, Inc. Terms of Service. Capitalized terms not defined here have the meaning given to them in the KILOGEAR, Inc. Terms of Service.
A “Member” or “Subscriber” is any individual who has a KILOGEAR, Inc. account. A “Subscriber” is any individual who activates and pays the monthly subscription fees.
Subscription Coverage and Billing Cycles
The Subscriber is responsible for all activity under their subscription.
Subscriptions occur on a monthly basis until it is canceled in accordance with these Terms. Billing occurs at the beginning of the month and provides access for one month thereafter. By subscribing, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or KILOGEAR, Inc.. To change or terminate your Subscription, go to your Account Settings or contact Customer Support at email@example.com
You may be given the opportunity to prepay for a period of one or more months of your Subscription. At the conclusion of a prepaid period, unless you cancel prior to renewal, and to the extent permitted by applicable law, your Subscription will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Subscription.
KILOGEAR, Inc. may offer additional promotions or discounts related to Subscriptions from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Subscription Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Subscription and will be charged in accordance with these Subscription Terms.
Termination or Cancellation of Subscription
If you terminate your Subscription, you may use your Subscription until the end of the then-current period and your Subscription will not be renewed after that period expires. However, you will not be eligible for a prorated refund of any portion of the Subscription fee paid for the then-current Subscription period, subject to specific cancellation and refund rights listed below for certain Canadian residents.
Suspension/Termination by KILOGEAR, Inc.. KILOGEAR, Inc. may immediately terminate or suspend your account, and all or a portion of your Subscription, without notice if: (a) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend); (b) you provide false or inaccurate information; (c) you violate these Subscription Terms, the Terms of Service or any other KILOGEAR, Inc. rules or agreements then in effect; (d) you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or (e) if you engage in conduct that is threatening, abusive or harassing to KILOGEAR, Inc. employees, agents, or other KILOGEAR, Inc. users, including, for example, making threats to physically harm or damage property.
If we terminate or suspend your Subscription, your license to use any software or content provided in connection with the Subscription is also terminated or suspended (as applicable). If your Subscription is terminated, KILOGEAR, Inc. has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Subscription after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
Subscription Holders agree to pay the monthly fee specified when you purchased your Subscription (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Subscription reaffirms that we are authorized to charge you for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you.
Billing Authorization. You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your Subscription, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for your Subscription(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Subscription(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Subscription Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither KILOGEAR, Inc., nor any KILOGEAR, Inc. agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Subscription Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.
Third-Party Payment Processors. You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.
Financed Purchases. If at any point in time, you finance the purchase of any KILOGEAR, Inc. products or Subscription, you agree to abide by the terms of the financing agreement with our financing partner governing your purchase, which will be provided to you separately. KILOGEAR, Inc. may treat your failure to abide by the terms of your financing agreement with our financing partner as a breach of these Subscription Terms.
Bill Inquiries and Refunds. If you believe you have been billed in error for a Subscription, please notify us within 60 days of the billing date by contacting Customer Service at firstname.lastname@example.org or email@example.com. KILOGEAR, Inc. will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.
STATUTORY CANCELLATION RIGHTS (CERTAIN CANADIAN RESIDENTS ONLY)
You may cancel your Subscription 10 days after you initially subscribe for any reason by sending KILOGEAR, Inc. a notice of cancellation to firstname.lastname@example.org.
Your Rights under the Consumer Protection Act 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for cancelling during this 10-day period.
In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services.
To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).
Your Rights under The Consumer Protection and Business Practices Act
You may cancel this contract at any time during the period that ends seven (7) days after the later of the day you receive a written copy of the contract and the day all the services are available (in calculating the 7 days, count only days on which the supplier is open for business). You do not need to give KILOGEAR, Inc. a reason for cancelling during this period. In addition, there are other grounds that allow you to cancel this contract. You may also have other rights, duties and remedies at law. For more information, you may contact the Consumer Protection Division, Financial and Consumer Affairs Authority of Saskatchewan. To cancel this contract, you must give notice of cancellation to KILOGEAR, Inc., at 125 West 25th Street, 11th Floor, New York, NY 10001, by personal service, by registered mail or by any other means set out in the contract. If you cancel this contract, the supplier has fifteen (15) days to refund any payment you have made.