KRU ACTIVE On Demand Terms Of Use

Contents

  • Our Agreement

  • Interpretation.

  • You are responsible for exercising within your limits.

  • Your Subscription

  • Young Adult Content

  • Location and Device Restrictions

  • Changes to the Service

  • Changes to this Agreement

  • Differing Subscriptions and Activation Codes

  • Free Period of Access

  • Subscription Fees

  • Price changes

  • Cancellation

  • Ending your right to use the Service

  • Your obligations

  • Passwords & Account Access

  • Intellectual Property

  • Privacy

  • Our liability to you

  • Severability

  • Transfer of rights

  • Notices

  • Governing Law

  • Terms Applicable to Users within the United States

  • Complaints

  • Contacting us

 

Last updated: July 15, 2021

 

Welcome to KRU Active On Demand. The "KAOD Service" means the KRU Active On Demand subscription service (including our website, the KAOD App (as defined below), associated user interfaces and all content and software and all other features and functionalities associated with those services) that provides subscribers with access to view and discover our Content (as defined below) streamed over the internet to Compatible Devices (as defined below).

The KAOD Service is operated and provided to you by KRU Active LLC, a United States limited liability company, whose registered office is located at 6324 N Chatham Ave, No 206, Kansas City, MO 64151-2473, United States ("KRU Active", "we", "us", "our").

IF YOU RESIDE IN THE U.S. PLEASE READ THIS NOTICE REGARDING DISPUTE RESOLUTION: These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved (see Section 25.3 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 25.3(f). Unless you opt-out of arbitration: you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.”

1. Our Agreement

1.1. These terms of use ("Terms of Use"), along with terms specific to your Subscription provided to you at the time of signing up, set out the agreement for your access to and use of the KAOD Service (together, the "Agreement").

1.2. You should read this Agreement carefully, along with our KRU ACTIVE On Demand privacy policy ("Privacy Policy") found at www.kruactive.com before using the KAOD Service.

1.3. Your use of the KAOD Service means that you accept and agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not use the KAOD Service.

2. Interpretation.

2.1. In these Terms of Use:
"Compatible Devices" means certain computers and other devices with internet browsers which are compatible with use of the KAOD Service.
"Content" means pre-recorded audio-visual exercise presentations and any other written materials or content available to view on the KAOD Service;
"Group Companies" means any company, other than us, owned by or ultimately controlled by KRU Active LLC and including KRU Active LLC;
"Payment Method" means the way you pay for your subscription, for example, by credit card or direct debit.

In the event of any conflict between these Terms of Use and the Website Terms of Use, the provisions of these Terms of Use shall prevail to the extent of such conflict.

3. You are responsible for exercising within your limits.

3.1. Consult your doctor before using the KAOD Service and follow his or her advice. Do not use the KAOD Service if you have a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries. Read and follow all safety guidance provided as part of the KAOD Service. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately. Nothing on the KAOD Service constitutes medical or professional advice or care. We and our Group Companies do not guarantee any exercise, health, weight loss or fitness results or improvements to users of the KAOD Service. WARNING: Do not participate in indicated videos if prone to seizures. Flashing lights and rapid imagery changes may be used. Motion sickness may be experienced.

3.2. You are responsible for exercising within your limits and assume all risk of injury to your person or property resulting from your use of the KAOD Service, except where injury to your person has been caused by our negligence. CLAUSE 20 OF THESE TERMS OF CONDITIONS APPLIES TO YOUR USE OF THE KAOD SERVICE.

4. Your Subscription

4.1. To access and view Content you will need to:
a. register an KAOD Service account ("KAOD Account"); and
b. purchase an KAOD Service subscription ("Subscription").

4.2. To create an KAOD Account, buy a Subscription and use the KAOD Service, you must:
a. be aged 18 years (or the age of majority in your territory of residence if more than 18 years old) or above;

b. have internet access; and

c. provide us with a current, valid, Payment Method acceptable to us (as confirmed during the online sign up process).

4.3. Your Subscription, which may start with a free period of access, will automatically renew for a subsequent subscription period unless and until you or we cancel it in accordance with this Agreement.

4.4. You can find details of your Subscription with us at any time, including the renewal date and price for your Subscription, by signing in to your KAOD Account and clicking on "My Account".

4.5. During your Subscription, we grant you a limited, non-exclusive, non-transferable, non-assignable license to access the KAOD Service to view Content on a streaming-only basis. Except for this license, no right, title or interest in the Content or KAOD Service shall be transferred to you. You must not reproduce, perform, display or exhibit the KAOD Service or the Content for any commercial purpose or in any public place.

5. Young Adult Content

5.1. The KAOD Service is not generally suitable for use by children under the age of 18.

5.2. We may offer limited Content that is suitable for children under the age of 18 (or the local or the age of majority in your territory of residence if more than 18 years old) ("Children's Content") on the KAOD Service. Such Children's Content will be expressly labelled as suitable for children.

5.3. Individuals under the age of 18 (or the local or the age of majority in your territory of residence if more than 18 years old) may use the KAOD Service to watch Children's Content using their parent or legal guardian's KAOD Account only:
a. with the consent and supervision of the applicable parent or legal guardian; and
b. subject to the terms of this Agreement.

5.4. You, if you are the parent or legal guardian of a child, are responsible for monitoring and supervising your child's use of the KAOD Service when viewing any Children's Content.

5.5. If you are the parent or legal guardian of a child that is permitted to use the KAOD Service, you should consult with your child’s doctor before using the KAOD Service with your child and follow his or her advice. Do not allow your child to use the KAOD Service if your child has a history of chest pain, knee, ankle, wrist, shoulder, joint, or spinal (back or neck) problems or injuries. Read and follow all safety guidance provided as part of the KAOD Service. If at any time you feel your child is exercising beyond their current fitness abilities, or your child feels discomfort, pain, dizziness, or nausea, your child should discontinue exercising immediately. Nothing on the KAOD Service is intended to be medical or professional advice or care. We and our Group Companies do not guarantee any exercise, health, weight loss or fitness results or improvements to users of the KAOD Service.

6. Location and Device Restrictions

6.1. The Content available on the KAOD Service may vary by country. We will use technologies to verify your geographic location when you sign up and use the KAOD Service.

6.2. If you are resident in the EU, you can access the Content usually available through your specific Subscription when visiting another EU country, at no extra cost. This means that you can enjoy the same service abroad that you would at home; you will be accessing the same Content, in the same language, that you access through your Subscription when you are at home. This access is available only if you are temporarily abroad in another EU country and we are able to verify that your country of residence is in the EU.

6.3. The number of devices on which you may simultaneously watch Content via your Subscription is limited to three (3).

6.4. The availability and quality of the KAOD Service and Content may vary from computer to computer, and device to device due to a variety of factors, such as your location, your carrier, the bandwidth available through and/or speed of your internet connection. An internet connection of at least 3MB/sec is required in order to stream standard definition Content on the KAOD Service, and 5MB/sec is required in order to stream high definition Content on the KAOD Service.

6.5. If your Compatible Device, or any other devices, hardware or equipment, supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer, rather than us, about the problem.

6.6. You are responsible for all third party services required to allow you to access the KAOD Services (including your internet service provider and your electricity service provider) and all obligations and charges you may owe (including but not limited to broadband or mobile data charges, and electricity charges). If there is a problem with a service provided for you by another supplier, you need to contact that supplier about the problem.

7. Changes to the Service

7.1. We may regularly make changes to any element of the KAOD Service or the Content. In particular, the availability of Content may change from time to time (for various reasons, such as when relevant rights-holders withdraw or restrict our right to use that Content on the KAOD Service). We therefore have the right to add or withdraw Content at any time, with or without notice. You acknowledge and agree that Content are variable and will change from time to time without notice.

7.2. There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the KAOD Service. We may also update or upgrade the KAOD Service from time to time. If changes to any element of the KAOD Service are likely to materially adversely affect the KAOD Service, we will try to make sure that any changes will not adversely affect you during your current subscription period, so that you have the chance to cancel your KAOD Service before the next subscription period begins. If we have to make an adverse change to the KAOD Service during your subscription period, we will give you at least 30 days' notice and the right to cancel. If you do not cancel your Subscription after we have notified you about any changes and before these changes take place, and you continue to use the KAOD Service, unless prohibited by law, you agree that this constitutes your acceptance of the changes. If you choose to cancel your Subscription, we will, if required by applicable law, provide you with a refund for amounts you have paid for the KAOD Service but not received.

8. Changes to this Agreement

8.1. We may change the terms of this Agreement from time to time. The circumstances in which we may change the terms of this Agreement may include (without limitation), to comply with applicable laws, to provide you with additional information about the KAOD Service, where we need to make changes to the KAOD Service in order to improve it, or for safety or security reasons.

8.2. We will notify you at least 30 days before making any material changes to the terms of this Agreement, unless the changes need to be implemented quickly for security, legal or regulatory reasons, in which case we will notify you of the changes as soon as we can. If any change to the terms of this Agreement will materially disadvantage you, or materially affect the availability of the KAOD Service, we will provide you with 30 days' notice before the changes become effective and you can choose to cancel your Subscription before the changes become effective.

8.3. Where possible, we will ensure that any changes to the terms of this Agreement, which materially disadvantage you, will not come into effect until the start of your next subscription period. If a materially adverse change is going to come into effect during your current subscription period, you can cancel your Subscription before the change comes into effect and we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the KAOD Service but not received.

8.4. If you continue to use the KAOD Service following any change to the terms of this Agreement, you agree that this constitutes your acceptance of the amended terms of this Agreement. The most up to date terms of this Agreement will always be available on the KAOD Service from the effective date of those updated terms of this Agreement.

9. Differing Subscriptions and Activation Codes

9.1. We may offer a number of subscription plans, including subscriptions with differing subscription periods, conditions and limitations. Any specific terms relating to a particular subscription plan will be notified to you via the KAOD Service before you sign up for a Subscription. These specific terms will take precedence over the terms set out in this Agreement, to the extent that a conflict arises.

9.2. We and our Group Companies may make available promotional subscriptions and offers ("Promotional Offers"). Please check the relevant terms and conditions, which apply to any Promotional Offer for full details. Promotional Offers may also be offered by third parties (for example, certain fitness facilities), including in conjunction with their own products and services. We are not responsible for the products and services provided by these third parties.

9.3. From time to time, activation codes that grant you access to use the KAOD Service may be available from us, our Group Companies and/or third party partners, including those provided as part of a third party Promotional Offer. Activation codes may be redeemed and will grant you access to the KAOD Service, as further described in the specifics of the relevant Promotional Offer, or may allow you to enter an activation code during sign-up on the KAOD Service. Activation codes can only be used once cannot be redeemed for cash and may not be combined with other offers, including a free period of access, unless otherwise determined by us in our sole discretion. If you received an activation code through a Promotional Offer from a third party, additional conditions may apply.

10. Free Period of Access

10.1. Your Subscription may start with a free period of access. The duration of any free period of access will be specified during your online sign-up. For combinations with Promotional Offers, restrictions may apply, which will be confirmed in the terms accompanying any applicable offers. Free periods of access are for new subscribers to the KAOD Service only (one per subscriber) and are subject to availability.

10.2. We will begin charging your Payment Method for subscription fees at the end of the free period of access of your Subscription, unless you cancel prior to the end of the free period of access. You can cancel your subscription during the free period of access by signing into your KAOD Account on our website, select "My Account", "My Subscriptions", select "view" your Subscription and then select "Cancel".

10.3. If you are a resident of Quebec, your Subscription will not start with a free period of access, which converts into a paid subscription. However, new subscribers resident in Quebec who sign up for a Subscription may get the initial portion of their first subscription period at no charge or at a reduced charge. The specific duration of any applicable portion will be specified at the point of sign-up.

11. Subscription Fees

11.1. By purchasing a Subscription and providing or designating a Payment Method, you authorise us to charge you the relevant fee at the then current rate ("Subscription Fee") to your Payment Method. As used in these Terms of Use, "charge", "charging" etc., shall indicate either a charge, debit or other payment clearance, as applicable, against your Payment Method.

11.2. The Subscription Fee will be charged at the start of the paying portion of your Subscription, following any free period of access, and at the start of each subscription period thereafter, unless and until your subscription is cancelled. For example, if you subscribe with an initial 10 day free period of access on 16 April, the paying portion of your subscription will begin on 26 April following your free period of access and you will be charged on 26 April for the applicable Subscription Fee.

11.3. You must cancel your subscription before the end of your current subscription period in order to avoid being charged for the next period's Subscription Fee to your Payment Method. For example, if you wish to cancel your subscription with effect from 1 May, you will need to provide notice no later than midnight on 30 April.

11.4. Unless required by law, there are no refunds or credits for partially used periods. However, following any cancellation, you will continue to have access to the KAOD Service through to the end of your current billing or subscription period.

11.5. All charges shall be in the currency specified at the time you signed up for your Subscription.

11.6. If a payment is not successfully settled and you do not edit your Payment Method information or cancel your KAOD Account, we may suspend your access to the KAOD Service until we have obtained a valid payment method. When you update your Payment Method in your KAOD Account, you authorise us to charge the updated Payment Method for any uncollected amounts and your on-going Subscription Fee. This may result in a change to your payment dates or subscription period.

11.7. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

11.8. If you access the KAOD Service or purchase a Subscription through a third party (for example, one of our partners):
a. in the event that you encounter any problems with billing or payments, please contact that third party in respect of any refunds or credits relating to your Subscription in accordance with that third party's terms; and

b. your payment will be to that third party and you will be subject to that third party's terms (including any applicable usage rules). Important information on the applicable terms of sale, charges, taxes, payment methods, your right to cancel a transaction and when you can exercise this right (where applicable), and the technical steps to conclude a transaction, will be detailed in the third party's terms and conditions. You must comply with those terms and conditions and also with this Agreement. In the event of any inconsistency between this Agreement and those terms and conditions, the third party terms and conditions shall take precedence over this Agreement.

11.9. If you are paying for your Subscription via a third party and you wish to change your Payment Method, you will need to do so through that third party.

12. Price changes

12.1. We may change the price of your Subscription from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect. If you have purchased a Subscription via a third party, price changes will be subject to that third party's terms and conditions.

12.2. If we notify you of a price change and you do not want to continue your Subscription at the new price, you can cancel your Subscription before the start of the next subscription period by following the steps in clause 9(Cancellation and Termination)below. If you continue to use the KAOD Service after the start of your next subscription period, you consent to the price change, and you do not need to take any further steps.

12.3. We will ensure that the price of your Subscription will not change until the start of your next subscription period. If a price change is going to come into effect during your current subscription period, you can cancel your Subscription before the price change comes into effect and we will provide you with a refund for amounts you have paid for the KAOD Service but not received.

13. Cancellation

13.1. You may cancel your Subscription at any time, and you will continue to have access to the KAOD Service through to the end of your current subscription period.

13.2. To cancel your Subscription, sign into your KAOD Account on our website, select "My Account", "My Subscriptions", select "view" your Subscription and then select "Cancel". You may not be able to cancel your Subscription through your online account if you access your KAOD Account from outside the country in which you created your KAOD Account. In this case, you must email us at team@kruactive.com to cancel your Subscription.

13.3. If you cancel your Subscription, your KAOD Account will automatically close at the end of your current subscription period.

13.4. If you signed up for the KAOD Service with a third party (for example, through a membership to a fitness facility), and wish to cancel your Subscription, including during your free period of access, you need to do so through the applicable third party. You may also need to ask the applicable third party for your billing information in respect of your Subscription. That third party may also be able to cancel your KAOD Account without your consent, subject to the applicable third party terms. When we receive a cancellation request from a third party, you agree that we may contact you to see if you would like to sign up to the KAOD Service directly (where we have your prior consent to do so).

13.5. To the extent permitted by applicable law, when you purchase a Subscription from us you agree:

a. we will provide you with access to the KAOD Service immediately; and

b. where we get your consent when you sign up, you waive any statutory right you may have to:
i. change your mind about your Subscription; and
ii. receive a refund within any applicable cooling off period.

13.6. If you are a resident of Norway, you can find more information on your cancellation rights by contacting us at team@kruactive.com .

14. Ending your right to use the Service

14.1. We may end your right to use all or any part of the KAOD Service or your Subscription immediately if we have a reasonable belief that you have breached this Agreement or if you are using the KAOD Service, the Content or your Subscription in any manner other than for its intended purpose, fraudulently or illegally. If what you have done can be put right we may give you a reasonable opportunity to do so.

14.2. If we decide to discontinue any part of the KAOD Service, we will give you at least 30 days' prior notice (unless we need to discontinue the KAOD Service (or any part of it) immediately for legal reasons, including in order to comply with a court order). If we discontinue the KAOD Service, we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the KAOD Service but not yet received.

14.3. If we end your rights to use the KAOD Service or your Subscription you must stop all activities authorised by this Agreement, including your use of the KAOD Service or your Subscription.

14.4. Your access to the KAOD Service may be conditional upon you having a valid membership to a participating fitness facility. In those situations, we reserve the right to immediately terminate your Subscription if you do not have, or no longer have, a valid membership to a participating fitness facility. You will be made aware of this at the point of sign-up.

15. Your obligations

15.1. You must not, and must not allow third parties, to:
a. attempt to copy, reproduce, publish, transmit, broadcast, archive, download (other than through caching necessary for personal use), distribute, modify, display, perform, license, transfer, exchange, translate, create derivative works from, offer for sale, or use (except as explicitly authorised in this Agreement) content and information contained on or obtained from or through the KAOD Service without express written permission from us;
b. use the KAOD Service for public performances including, without limitation, performance in or for any fitness facility;
c. use the Content (including, without limitation, the choreography or music contained therein) to teach or instruct any fitness class;
d. circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the KAOD Service;
e. use any robot, spider, scraper or other automated means to access the KAOD Service;
f. decompile, reverse engineer or disassemble any software or other products or processes accessible through the KAOD Service (except as permitted by applicable law);
g. insert any code or product or manipulate the content of the KAOD Service in any way;
h. use any data mining, data gathering or extraction method;
i. use any data mining, data gathering or extraction method;
j. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the KAOD Service. We may modify or delete any material that is considered defamatory, offensive or otherwise unlawful, or that infringes the rights of anyone else;
k. access, view and/or purchase the KAOD Service using a virtual proxy network;
l. register multiple times for a free period of access (which would constitute a breach of this Agreement); or
m. upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the KAOD Service, including any software viruses or any other computer code, files or programs.

15.2. You agree to:
a. pay the Subscription Fees;

b. comply at all times with the terms of this Agreement;

c. use the KAOD Services for your own personal and non-commercial use, and not for any commercial or business purpose;

d. ensure all information you give us is correct at all times, and notify us immediately of any changes to your contact details;

e. follow the instructions and directions we provide about using the KAOD Service and only use the KAOD Service in accordance with all applicable laws, rules and regulations;

f. be responsible and liable for any use by any other person (authorised or unauthorised) of the KAOD Services we provide to you, including, without limitation, any charges associated with that use and any consequences if an applicable person misuses the KAOD Services or breaches this Agreement or suffers any injury or damage to their property;

g. make sure everyone you are responsible for and who may use or do anything in relation to the KAOD Services also meets the responsibilities set out in this Agreement; and

h. be responsible for configuring your information technology, computer Content and Compatible Devices in order to access our website, app and the KAOD Service. You should use your own virus protection software.

17. Passwords & Account Access

17.1. Your control over your KAOD Account is exercised through your login and password. To maintain exclusive control over your KAOD Account, you should not reveal your password to anyone. You are responsible for all access to and use of the KAOD Service through your KAOD Account. You agree to notify us immediately if you become aware of or suspect any unauthorised use of your password or username. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your KAOD Account.

17.2. In order to provide you with ease of access to your KAOD Account and to help administer the KAOD Service, we may implement technology that enables us to recognize you and provide you with direct access to your KAOD Account without requiring you to retype any password or other user identification when you revisit the KAOD Service, which includes access via Compatible Devices or our website.

17.3. We reserve the right to place any KAOD Account on hold anytime, with or without notification to the subscriber, in order to protect ourselves and our partners from what we reasonably believe to be fraudulent activity (once a hold has been put in place, we will notify you as soon as possible). Any hold placed on an KAOD Account will not last any longer than 10 working days, after which we will either terminate this Agreement, or re-open your KAOD Account. We are not obligated to credit or discount a Subscription for holds placed on a KAOD Account in circumstances where your act or omission constitutes fraudulent activity on your KAOD Account or you are in breach of your obligations under this Agreement.

18. Intellectual Property

18.1. The KAOD Service and Content are protected by copyright, trade mark, trade secret and/or other proprietary intellectual property rights owned by or licensed to us.

18.2. You have no intellectual property rights in or to the KAOD Service or any Content, other than the right to use them in accordance with this Agreement.

18.3. You may not remove, alter, or in any way tamper with any copyright notices or other proprietary markings included in the KAOD Service or any Content. Any copying, access, transfer, public performance or communication to the public or other use of the KAOD Service or any Content other than as expressly authorised by applicable law or this Agreement shall constitute an infringement of applicable intellectual property rights and a breach of this Agreement. In the event of applicable infringement, we, or one of our Group Companies, may, without notice or prior intervention of a court or arbitral body, block your access to the KAOD Service and terminate any Subscription you may have and pursue any rights or remedies available to us.

18.4. The Content contain cover music and a selection of licensed original recordings.

18.5. All of our and our Group Companies trade and service marks and logos, and our and our Group Companies products and services described in our or our Group Companies' websites, are either trademarks, service marks or registered trademarks of us, our Group Companies or our authorised agents, and may not be copied, imitated or used, in whole or in part, without our prior written permission. For the avoidance of doubt, you may not use any of our or our Group Companies' trademarks or service marks in any domain names or in any account name or user ID for any social media site or blog. All page headers, custom graphics, button icons, and scripts are the copyright and / or service marks, trademarks, and/or trade dress of us or our Group Companies and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Our and our Group Companies' trade marks, service marks and trade dress may not be used in any manner that is likely to cause confusion amongst the public or in any manner that disparages or discredits us or our Group Companies. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the KAOD Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our Group Companies.

18.6. We respect the intellectual property of others. If you believe that your work has been copied and has been used on the KAOD Service in a way that constitutes copyright infringement, please notify us immediately, (team@kruactive.com  ) and provide the following information:
a. A description of the copyrighted work that you claim has been infringed;

b. A description of the location in the KAOD Service of the material that you claim has been infringed;

c. Your address, telephone number and e-mail address;

d. Your statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

e. Your statement that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

f. Your physical or electronic signature.

18.7. Our Copyright Agent for notice of claims of copyright infringement on the KAOD Service can be reached as follows:

KRU Active LLC, 6324 N Chatham Ave, No 206, Kansas City, MO 64151-2473

 

Email: team@kruactive.com

Attention: General Counsel, Legal Department

19. Privacy

Any personal information you supply to us or that we collect from you when using the KAOD Service will be used by us in the ways set out in our Privacy Policy.

20. Our liability to you

20.1. We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to limit or exclude liability for fraudulent misrepresentation, wilful misconduct or gross negligence by us or our employees or agents or any other liability which cannot be limited or excluded under applicable law.

20.2. If we breach these terms of use we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms of use.

20.3. We are not responsible for:
a. any use of the KAOD Service which isn't authorised by us;
b. any malfunction of or interruption to the KAOD Service due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
c. errors, viruses or bugs present in or arising from your use of the KAOD Service;
d. incompatibility of the KAOD Service with any other software or hardware (including any of your devices); and
e. any act or default of any third party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.

20.4. You have certain statutory rights under the applicable laws of your territory. Nothing in these Terms of Use is intended to affect these statutory rights. For more information about your statutory rights contact your local consumer organization.

20.5. In Canada, the laws of certain jurisdictions, including the province of Quebec, may not allow the exclusion or limitation of liability described in the following clauses 20.6 and 20.7. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you and you may have additional rights.

20.6. APART FROM LIABILITY ARISING IN RESPECT OF THE CIRCUMSTANCES SET OUT IN CLAUSE 20.1 (WHICH IS UNLIMITED), TO THE FULLEST EXTENT PERMITTED UNDER LOCAL LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES OR DAMAGES ARISING FROM YOUR USE OF THE KAOD SERVICE OR YOUR SUBSCRIPTION EXCEED THE AMOUNT YOU HAVE PAID FOR YOUR SUBSCRIPTION.

20.7. WE CANNOT GUARANTEE THAT THE KAOD SERVICE WILL BE FREE FROM BUGS OR ERRORS OR THAT YOUR ACCESS WILL BE FREE FROM INTERRUPTIONS (FOR EXAMPLE THERE MAY BE DOWNTIME FOR MAINTENANCE OR UPDATES OR ANY POWER OR SERVER OUTAGES OR OTHER REASONS OUTSIDE OUR CONTROL), HOWEVER WHERE WE ARE MADE AWARE OF TECHNICAL ISSUES THEN WE WILL ALWAYS TRY TO FIX THEM.

20.8. PLEASE NOTE THAT WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF THE KAOD SERVICE, OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION, YOUR FAILURE TO DOWNLOAD THE MOST RECENT PUBLISHED VERSION OF THE KAOD SERVICE OR MEET THE COMPATIBILITY REQUIREMENTS OR THE CONSEQUENCES OF YOU CHANGING YOUR EQUIPMENT, DEVICE, OPERATING SYSTEM OR INTERNET CONNECTION.

20.9. FOR USERS WITHIN THE UNITED STATES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KAOD SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO INFORMATION OR ADVICE OBTAINED BY YOU FROM KRU ACTIVE OR THROUGH THE KAOD SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

21. Severability

If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If a modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

22. Transfer of rights

The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under this Agreement to any company, firm or person provided that your subscription will not be adversely affected as a result of this type of transfer. You may not transfer your rights or obligations under this Agreement to anyone else.

23. Notices

We will send you information relating to your account and your subscription (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, content and feature updates and other service or transactional messages) by email to the email address provided during sign up (if you signed up via a third party, for example via one of our partners or using your account details with a platform, then we may obtain your email from that third party or platform so that we can keep you up to date with service-related messages). You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that applicable communications be in writing.

24. Terms Applicable to Users outside of the United States

24.1. These Terms of Use shall be governed by and construed in accordance with the laws of the territory identified in the table below. However, these Terms of Use will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your territory of residence

Territory of Residence

Governing Law

Spain

Spanish Law

Quebec, Canada

The laws of the province of Quebec

Brazil

Brazilian Law

United Arab Emirates, Kingdom of Saudi Arabia, Turkey

The laws of England and Wales

Rest of World

Florida, United States

24.2. You can bring a claim related to or arising from these Terms of Use in the courts of your territory of residence.

25. Terms Applicable to Users within the United States

25.1. NOTICE TO NEW JERSEY USERS. Notwithstanding any terms set forth in these Terms of Use, if any of the provisions set forth in Section 20 are held unenforceable, void or inapplicable under New Jersey law, then any applicable provision shall not apply to you but the rest of the Terms of Use shall remain binding on you and KRU Active. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute. Notwithstanding any provision in these Terms of Use, nothing in these Terms of Use is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

25.2. NOTICE TO CALIFORNIA USERS. Under California Civil Code § 1789.3, users located in California are entitled to the following consumer rights notice. Users may contact us by writing to team@kruactive.com or 6324 N Chatham Ave, No 206, Kansas City, MO 64151-2473. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

25.3. LEGAL DISPUTES AND ARBITRATION AGREEMENT.
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
a. Initial Dispute Resolution. We are available by email at team@kruactive.com to address any concerns you may have regarding these Terms of Use or your use of the KAOD Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
b. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 25.3(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the KAOD Service shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Florida, U.S.A., at your option. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures or by calling 1-800-352-5267. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
c. Class Action and Class Arbitration Waiver. You and KRU Active each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and KRU Active each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 25.3(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
d. Exception- Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
e. Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
f. 30 Day Right to Opt-Out. You can opt out of this agreement to arbitrate by sending a written request tosupport@lesmillsondemand.comwithin thirty (30) days of first accepting these Terms of Use, or within thirty (30) days of any subsequent modification to the arbitration agreement set forth in this Section 25.3. Your request to opt-out of arbitration must include your (i) name, (ii) mailing address, (iii) email address, and (iv) express request to opt-out from the arbitration agreement set forth in this Section 25.3. If you opt-out of this agreement to arbitrate consistent with the procedure set forth above, all other terms and conditions set forth in these Terms of Use shall continue to apply to your use of the KAOD Service.
g. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 25.3(b) do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Florida, U.S.A. (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Florida, U.S.A. for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Use, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

26. Complaints

If you have any complaint please speak to us first, by contacting us using the details on our website. In addition, please note that if you live in a European Union member state disputes may be submitted for online resolution to the European Commission Online Dispute Resolution ("ODR") platform available at https://ec.europa.eu/consumers/odr. We do not currently use alternative dispute resolution ("ADR"), including through the ODR platform, as a means of settling consumer complaints.

27. Contacting us

27.1. You can contact us by writing to us at team@kruactive.com or 6324 N Chatham Ave, No 206, Kansas City, MO 64151-2473, United States.