Terms of Services

All Purchase orders accepted by KILO (“Seller” or “we” or “us” ) are subject to the terms and conditions set forth herein (the “Terms and Conditions”). Seller hereby objects to any additional or different terms and conditions proposed by Client (sometimes also referred to hereinafter as “You” or “you”). 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 Receipts 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 these Terms and Conditions.

Note: for clients who purchase a package that includes AI Generated Content and features:

• We hereby clarify that we are not responsible for any content generated by the AI associated with the AI enabled Gym Lead Machine accounts. The AI’s outputs, including but not limited to text, images, and conversations, are generated based on machine learning algorithms and should be reviewed and used at your discretion.

• • AI Costs and Charges:
    • As a user of the Gym Lead Machine AI enabled account upgrades, you will be responsible for any costs associated with the usage of the AI services. By signing this addendum, you agree to be charged according to the pricing structure outlined on the Pricing page
• • Upgrade/Downgrade
    • You have the flexibility to upgrade or downgrade from the AI enabled accounts to regular Gym Lead Machine accounts at any time. Your account will be charged according to the subscription you choose, please reference our pricing page here for subscription rates. Please contact our customer support to request changes to your account level, and we will guide you through the process.
• • Usage of AI Features
    • It is your responsibility as the user to create, edit, and maintain all AI features within your account. You have the freedom to customize and configure the AI features according to your specific requirements. We provide the necessary tools and resources to enable you to leverage the Gym Lead Machine AI capabilities effectively.

  Note: for clients who purchase a package that includes Facebook ad set up or Google Business Profile set up,

  • • • Google Business Profile set up:
        • Including adding service types, uploading photos, products, and other necessary information.
      • Facebook ad campaign set-up
        • Campaigns with ad copy and photos.
      • The client is required to have an existing Google Business Profile and Facebook ads manager account connected to a Business Facebook page. The Client will ensure they have the necessary access to all the aforementioned assets before signing the agreement.
      • We do not offer the following services:
        • Custom copywriting
        • Custom campaigns
        • Customization on ad sets or ads, including but not limited to demographics, imagery and offers
        • Ongoing ad optimization
        • Ongoing Google Business Profile updates.
      • There is no commitment term for the Facebook ad setup or Google Business Profile setup.
      • Pricing is subject to the current rates on Kilo’s pricing page.
      • The Client acknowledges that the vendor has not made and will not make any express or implied warranties or representations that the services provided by the vendor will result in any particular amount or level of revenues or income to the Client.

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

  • • • Accounts located in North America will be auto-charged $10 per 500 additional messages when the monthly limit is exceeded.
      • 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 monthly period.
      • 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 form 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 questionnaire. 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.

  Note: For Clients who purchase Kilo Stack services,

  • • • Payment processing services associated with Kilo Stack are provided exclusively by Stripe, a third-party payment processor.
      • Your use of the payment processing services are subject to these Terms of Services and are also subject to the Stripe Connected Account Agreement (“SCAA”), which includes the Stripe Terms of Service (“STOS”).
      • Your use of the payment processing services are also subject to certain fees and surcharges, which will be communicated to you during the enrollment process, and as may be updated by Kilo or Stripe from time to time. Some of the fees collected by Stripe may be diverted by Stripe to Kilo if Kilo achieves “affiliate” (or equivalent) status with Stripe, and Kilo has no obligation to share with you any of the fees so diverted.
      • By using the payment processing services, you agree to be bound by the SCAA and the STOS.
      • As a condition of Kilo enabling for you the payment processing services through Stripe, you agree to provide Kilo with accurate and complete information about you and your business (“business information”), and you authorize Kilo to share with Stripe both the business information and any relevant transaction information requested by Stripe.
      • To the extent permitted by law, Kilo may offset any unpaid obligations you owe to Kilo by deducting the corresponding amounts from funds payable to you arising from the settlement of card transactions through Stripe.
      • Fees due for use of the payment processing services will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. If the funds received thereby are insufficient to meet your obligations to us, we may charge or debit the bank account or credit card registered in your account for any amounts owed to us.
      • You acknowledge and agree that Kilo or Stripe, as applicable, may terminate your access to the payment processing services, without liability to you, (i) upon request of your payment processor or financial institution; (ii) upon a good faith belief that providing services to you will violate a law, regulation or rule of any governmental authority; (iii) if you violate any applicable law or regulation, or (iv) if, as a result of your use of the payment processing services, Kilo or Stripe becomes the subject of an investigation by a law enforcement agency or are otherwise threatened with suit or prosecution. 
      • You acknowledge and agree that Kilo has no liability to you for errors (including missed payments) caused by Stripe’s acts or omissions nor for outages (even if such outages result in your inability to receive payments) on Stripe’s network. In such situations, your recourse is limited to the remedies offered by Stripe in the SCAA or the STOS

   

  Note regarding free, trial, or beta services: Kilo may, in its sole discretion, offer free, trial or beta services to Kilo’s Clients from time to time at no charge. All free, trial or beta services, if or when they are provided, are provided “AS IS” with no warranties of any kind. Kilo may, in its sole discretion, discontinue any free, trial or beta services at any time, with or without notice, and without any further obligations to Kilo’s Clients. Kilo disclaims any and all liability for harm or damages, if any, suffered by Clients or any third party in connection with any free, trial or beta services.