These terms apply to the use of the Kilogain app and this website. By using the app, you agree to them. We've written them as clearly as we can; if you still have a question, email info@kilogain.com.
1. Who we are
Kilogain is a product of Kwant Software, Björn Billooye, Nederwijk 242, B-9400 Ninove, company number BE 1041.558.284, email info@kilogain.com. In these terms we call that “we”.
2. Using the app
You get a personal, non-exclusive and non-transferable right to use Kilogain on devices you own or control, for your own training. You may not decompile, copy, resell or use the app in a way that harms the app, our servers or other users, except where the law expressly allows it.
3. Health and safety
Kilogain is a training log. It shows and calculates what you enter, but it does not give personal training, medical or nutrition advice. Sample programmes, zones, estimates and recovery are general information, not recommendations for you. Estimates such as your 1RM, zones on the body map and recovery are calculations with a margin, not advice about what your body can handle.
Kilogain is not a medical device and does not diagnose, treat, cure, or prevent any medical condition. Nor is it a replacement for advice from a doctor, physiotherapist or coach. If you have doubts about your health, feel pain or have an injury, talk to a doctor or other healthcare professional first.
Train within your own limits and use good technique. You train at your own risk.
4. Your account
An account isn't required. You must be at least 16 years old to create one. If you create one through Google, you're responsible for access to that Google account. You can delete your account at any time in the app or through this page. We erase an account that hasn't been used for 24 months, after warning you by email, as described in the privacy policy; what is on your device stays. We may close an account in case of serious or repeated abuse; we'll let you know, unless the law forbids it.
5. The open test
During the open test we update the app continuously. Features may change, and there may be bugs. We do our best not to lose any data, but recommend making a CSV export now and then.
6. Premium
Premium is a subscription that unlocks extra features. What's free and what's Premium is listed on the Premium page. Training and logging, your records, backup and export stay free. What you enter yourself stays yours: if your subscription ends, you can still view and export it. Whatever you already used before Premium went on sale stays available.
7. Subscriptions and payment
Premium comes yearly, quarterly and monthly. You buy it through Google Play or the App Store and pay through your account there; their terms apply to that payment. The price the store shows before you buy is what you pay, VAT included.
We may change prices. A period you've already paid for keeps its price. Before a higher price applies to you, the store tells you in advance and asks for your consent where required.
8. Renewal and cancellation
A subscription renews automatically at the end of each period, at the price that applies then, until you cancel. You can cancel at any time in the subscription settings of Google Play or the App Store; do it at least 24 hours before the end of a period to avoid paying for the next one. You keep Premium until the end of the period you've already paid for. The help centre explains exactly how to cancel.
9. Free trial
The yearly subscription may start with a free trial. The store shows how long it lasts before you begin. You get the trial once. If you cancel during the trial, you pay nothing; otherwise it turns into a paid year at the end.
10. Right of withdrawal and refunds
As a consumer in the EU, you generally have fourteen days to withdraw from a distance purchase without giving a reason. For digital services that start immediately, that right can lapse once delivery begins, if you expressly agreed to this when buying. Google and Apple set out in their terms how this is handled for a store purchase.
Refunds go through Google Play or the App Store, under their rules; we can't reverse a store purchase ourselves. Your statutory rights as a consumer always remain unaffected.
11. Your data
What you enter in Kilogain stays yours. We only use it to make the app work, as described in the privacy policy.
12. Intellectual property
The app, the website, the name Kilogain, the logo and the design belong to Kwant Software or are used with permission. The exercise illustrations and some software components are covered by their own open licences; they're listed in the legal notice and in the app under “Settings” → “About”.
13. Liability
We do our best to keep Kilogain reliable, but can't promise that the app always works without errors or interruptions. To the extent the law allows, we're not liable for indirect damage, such as lost data you hadn't exported, or for injury from training you do on your own initiative.
These limitations apply to the extent the law allows. Rights that the law always gives you as a consumer remain in place.
14. Changes
We may change these terms, for example when the app changes or the law requires it. We'll announce important changes in the app in advance. If you keep using Kilogain after that, the new terms apply. If you don't agree, you can stop and delete your account.
15. Applicable law
These terms are governed by Belgian law. If you're a consumer in another EU country, you keep the protection of that country's mandatory rules, and you can also go to court there. If you have a complaint, email us first; we usually solve it together.