Terms of Service

1. ACCEPTANCE OF TERMS

1.1 This Agreement constitutes a binding legal agreement between you ("User," "you," or "your") and ONE BRO ENTERPRISES LLC. By downloading, installing, registering for, accessing, or otherwise using the K.A.N.E. application or any of its associated services, you affirm that you have read, understood, and agree to be bound by these Terms in their entirety.

1.2 Your continued access to or use of the Service following the posting of any changes to these Terms constitutes your acceptance of such changes. If you do not agree to any provision of these Terms, you must immediately cease all use of the Service and delete the application from your Device.

1.3 These Terms supplement, and do not replace, any platform-specific terms, conditions, or end-user license agreements imposed by Apple Inc. ("Apple"), Google LLC ("Google"), or any other platform through which you access the Service. In the event of a conflict between these Terms and any applicable platform terms, the more restrictive provision shall govern with respect to the subject matter of such conflict, except as otherwise required by the applicable platform's policies.

1.4 By using the Service, you represent and warrant that you have the legal capacity and authority to enter into this Agreement and to comply with all of its terms and conditions.

2. ELIGIBILITY

2.1 The Service is intended for users who are at least sixteen (16) years of age, or the minimum age required in your jurisdiction, whichever is greater. By using the Service, you represent and warrant that you meet the applicable minimum age requirement.

2.2 If you are between sixteen (16) and eighteen (18) years of age (or the age of legal majority in your jurisdiction), you may only use the Service with the prior express consent and supervision of a parent or legal guardian.

2.3 The Service is not directed to, and is not intended for use by, children under the age of sixteen (16). We do not knowingly collect personal information from children under 16. In compliance with the Children's Online Privacy Protection Act ("COPPA"), we do not knowingly collect personal information from children under 13.

3. HEALTH AND MEDICAL DISCLAIMERS

3.1 The Service, including all content, features, data, calculations, recommendations, and information provided therein, is intended solely for general wellness, fitness, and informational purposes. The Service does not constitute, and shall not be construed as, medical advice, clinical diagnosis, medical treatment, or a substitute for professional healthcare guidance.

3.2 You should always consult with a qualified physician, registered dietitian, licensed nutritionist, or other appropriately credentialed healthcare professional before commencing, altering, or discontinuing any exercise regimen, dietary plan, nutritional supplement, or wellness program.

3.3 Nutritional data, calorie calculations, macronutrient breakdowns, and dietary information provided through the Service are estimates only and should not be relied upon as a definitive measure of nutritional content.

3.4 The Company does not warrant the accuracy, completeness, or reliability of data from third-party services or integrations that may be introduced in future updates. Any such integration will be subject to additional disclosure at the time of introduction.

4. SUBSCRIPTION AND PAYMENT TERMS

4.1 All paid Subscriptions automatically renew at the end of each billing cycle (monthly or annually, as selected by the User) unless canceled prior to the renewal date. By subscribing, you authorize the applicable payment processor to charge the then-current Subscription fee to your designated payment method at the beginning of each renewal period.

4.2 Subscription pricing may change at any time. For existing subscribers, price changes will take effect at the beginning of the next billing cycle following reasonable advance notice (no less than thirty (30) days). Your continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

4.3 Except as required by applicable law or the refund policies of the Platform through which the Subscription was purchased, all Subscription fees are non-refundable.

4.4 Web and Direct Purchases: Subscriptions and one-time purchases made through our website (kanefitnessapp.com) are processed by Stripe. Refund requests for web purchases are handled by ONE BRO ENTERPRISES LLC directly via support@kanefitnessapp.com.

4A. APPLE APP STORE IN-APP PURCHASES

4A.1 Apple IAP Billing: If you access K.A.N.E. through the Apple App Store, all in-app purchases — including Premium subscriptions and Theme Packs — are processed exclusively by Apple Inc. through its In-App Purchase (IAP) system. ONE BRO ENTERPRISES LLC does not directly collect or process payment information for App Store purchases.

4A.2 Auto-Renewal Subscriptions: K.A.N.E. Premium subscriptions purchased through the App Store are auto-renewable. Your iTunes/Apple ID account will be charged for renewal within 24 hours prior to the end of the current subscription period at the then-current price. Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.

4A.3 Managing Your Apple Subscription: You may manage or cancel your App Store subscription at any time by going to your device Settings → [Your Name] → Subscriptions → K.A.N.E., or through the App Store → Account → Subscriptions. Cancellation takes effect at the end of the current billing period; you retain Premium access until that date.

4A.4 Apple Refund Policy: All refund requests for App Store purchases must be submitted directly to Apple at reportaproblem.apple.com. ONE BRO ENTERPRISES LLC cannot issue refunds for App Store transactions.

4A.5 Non-Consumable Purchases (Theme Packs): Theme Packs purchased through the App Store are non-consumable in-app purchases. Once purchased, they are permanently associated with your Apple ID and can be restored to any device using the same Apple ID at no additional charge using the "Restore Purchases" feature within the app.

4A.6 Restoring Purchases: If you reinstall K.A.N.E. or switch devices, use the "Restore Purchases" button (available in the app's Profile → Subscription section) to recover all previously purchased content associated with your Apple ID. Restoration is free of charge.

4A.7 Privacy: By making in-app purchases through the App Store, you also agree to Apple's Privacy Policy, available at apple.com/legal/privacy. Our Privacy Policy is available at kanefitnessapp.com/privacy-policy.

5. INTELLECTUAL PROPERTY

5.1 The Service and all Content, features, functionality, design, and other materials are the exclusive property of ONE BRO ENTERPRISES LLC and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

5.2 Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable license to download, install, and use the App on your personal Device(s) solely for your personal, non-commercial use.

6. DISCLAIMERS AND LIABILITY

6.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

6.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICE.

6.3 The total aggregate liability of the Company for all claims shall not exceed the greater of: (A) One Hundred United States Dollars ($100.00); or (B) the total amount paid by you to the Company in the twelve (12) months preceding the claim.

7. DISPUTE RESOLUTION

7.1 Before initiating formal dispute resolution, you agree to first contact the Company and attempt to resolve the dispute informally for at least thirty (30) days.

7.2 If informal resolution fails, any dispute shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA"), conducted on an individual basis only.

7.3 You and the Company each waive the right to participate in a class action, collective action, or other representative proceeding.

7.4 Either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

8. GOVERNING LAW

8.1 These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America, without regard to its conflict of law provisions.

8.2 Any legal action or suit not subject to arbitration shall be exclusively brought in the state and federal courts located in the State of Ohio.

9. CONTACT INFORMATION

ONE BRO ENTERPRISES LLC

Attn: Legal Department

Email: support@kanefitnessapp.com

For General Inquiries and Support:

Email: support@kanefitnessapp.com

Or use the in-app "Help & Support" feature.