Acceptance of Terms. The Terms of Use Agreement (the “Terms”) constitutes a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and Gabsmrivers LLC d/b/a “KZN” (“KZN”) concerning your access to and use of KZN’s application (“App”). Any person who wishes to access the app to view and/or conduct business or to otherwise use the app (collectively, the "Services") must, before registering and becoming a member of the App, accept the terms and conditions of this Terms of Use and our Privacy Policy (the Terms, Privacy Policy, and additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”) by clicking on the I AGREE icon at the bottom of the dialog box. PLEASE REVIEW THE FOLLOWING TERMS OF USE CAREFULLY BEFORE ACCEPTING THE AGREEMENT. BY CLICKING ON THE “I AGREE ICON”, REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE; ALL OF WHICH YOU SHALL BE BOUND BY AND THEREFORE LEGALLY ENFORCEABLE AGAINST YOU. YOU FURTHER CONFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER.
Subject to your compliance with these Terms, KZN grants you a limited, personal, non- commercial, non-transferable, non-exclusive, and revocable right to access and use KZN’s App and website (“App”) and the Services. This right does not permit you to duplicate, transfer, give access to, copy, or distribute any part of the App or the Services in any way, or use the App or the Services in any manner not consistent with these Terms. KZN may revoke this right at any time, at its sole discretion.
KZN provides fitness, training, wellness, and nutritional content and related services through the App, which may include, but are not limited to, workout programs, training plans, exercise demonstrations, nutritional guidance, and access to content created by fitness professionals, trainers, and other third-party content creators (collectively, the “Fitness Content”). At the time you purchase a subscription or service, your credit card and/or bank account will be charged by a third-party payment processing provider who will transfer and deliver the funds to KZN.
Neither KZN, nor any officer, director, member, employee, agent, trainer, fitness professional, nutritionist, or content creator associated with KZN shall be liable to the User or any third party for any claims, injuries, damages, or losses relating to the use of the Fitness Content, the Services, or any consequences which may result thereof, including, but not limited to any physical injury, adverse, health effect, or dietary reaction arising from following any training program, exercise routine, or nutritional recommendation provided through the App.
By signing in or creating an account through the App, you agree that you are 18 years of age or older.
KZN reserves the right, in its sole discretion, to refuse, restrict, suspend, or terminate any user’s access to the App at any time and for any reason.
Access to certain Services may require a paid subscription. KZN may offer multiple subscription options, each subject to its own pricing, features, and usage limitations as described within the App, and which may be updated from time to time at KZN’s sole discretion. By selecting a paid plan, you authorize KZN (and its third-party payment processor) to charge the applicable fees to your chosen payment method on a recurring basis until you cancel your subscription. You are solely responsible for managing your subscription and canceling it before the next billing cycle if you no longer wish to be charged.
You acknowledge and agree that the App may use your device’s internet connection, push notifications, and other mobile functions to deliver the Service, updates, and communications related to your account. Any fees from your mobile data or cellular provider to receive and respond to such notifications and functions are your sole responsibility.
The following activities are strictly prohibited:
Some or all of the material made available at the App is protected by copyright. No material from the App may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without KZN’s written consent, except that you may download one copy of the materials on any single computer or device and produce one printed copy for your personal, noncommercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this App except the "home page", must be obtained from KZN. Requests for such authorization should be sent via email to <a href="mailto:info@kznfitnessprogram.com">info@kznfitnessprogram.com</a>.
For purposes of this Agreement, the use of any such material on any other web site, app, or networked computer environment is prohibited. All Rights, including design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill is proprietary of KZN.
In the event that you download software from the App, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by KZN. KZN does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but KZN retains full and complete title to the Software, and all Rights therein. KZN’s software applications and the Content are licensed, not sold, to you, and KZN and its licensors retain ownership of all copies of KZN software applications and Content even after installation on your personal computers, mobile handsets, tablets, and or other relevant devices (“Devices”). You may not redistribute, sell, decompile, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and upon giving KZN prior written notice of such activities.
All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to KZN or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
You may not distribute, reproduce, republish, display, modify, transmit, reuse, repost, or use any materials of the app for public or commercial purposes on any other app or otherwise without the written consent of KZN. The modification of any materials displayed on the App is a violation of copyright and other Rights held and/or owned by KZN, its licensors and/or other third parties.
Images of people or places displayed on the App are either the property of or used with permission by KZN. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere on the App. Any unauthorized use of the images may violate rights, privacy and publicity laws, and communications regulations and statutes. KZN neither warrants nor represents that your use of materials displayed on the App shall not infringe rights of third parties not owned by or affiliated with KZN.
You may not (and you agree not to permit another person to): (i) redistribute, sell or otherwise copy the App; (ii) modify, translate or create derivative works based on the App; (iii) attempt to decompile, reverse engineer, disassemble or otherwise reduce the App to a human-readable form, except to the extent applicable laws specifically prohibit such restriction; (iv) remove any identification, copyright or other proprietary notices; or (v) create software that incorporates the App.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE APP, ITS CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the App is not intended for use in connection with any high risk or strict liability activity and the App makes no warranty and shall have no liability in connection with the use of the App in any such situations.
(a) By posting your Content using the Services, you are granting an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, worldwide, and fully transferable, assignable, and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your Content in whole or in part and to incorporate it in other works in any form, media, or technology now known or later developed. You further warrant that all so- called moral rights in the content have been waived.
(b) By posting content to the App, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms. It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including personal financial information, information covered by a nondisclosure agreement, and information that you are not authorized to disclose. We caution you not to disclose personal information about yourself or your children, such as social security numbers, credit card numbers, etc.
(c) You agree to indemnify and hold Us and Our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of the App, any content you supply to the App, or your violation of these Terms or the rights of another.
(a) You agree that KZN will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any Content posted on this App. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree not to collect information about others, including e-mail addresses, or to use information obtained from the Services to send other users unsolicited e-mail of any kind.
(b) The postings may provide links to other websites on the Internet. KZN is not responsible or liable for such content and makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such postings. KZN is not responsible or liable for any advertising, products, or other materials on or available from such websites or resources. The inclusion of links does not imply endorsement of the Websites by KZN or any association with their operators.
(c) KZN may enable you to establish an account with a username and password to access and use the Services. You are responsible for maintaining the strict confidentiality of your password, and you are responsible for any activity occurring through use of your account and password. You agree to immediately notify KZN of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. KZN is not responsible for or liable for any loss or damage arising from your failure to comply with this provision.
Collecting personal information from children under the age of 18 (“minor children”) through the Services is prohibited. No Content should be directed toward minor children. Minor children are not eligible to use the App, and KZN asks that they do not submit any personal information.
KZN respects the intellectual property of others and asks you to do the same. If you or any user of this App believes its copyright, trademark or other property rights have been infringed by a posting on this App, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Designated Agent for Claimed Infringement: Gabriela Rivera Vera
Contact: info@kznfitnessprogram.com
Address: Carr 842 KM 1.9 Caimito Sect Los Romeros, San Juan, PR, 00926
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, KZN may immediately remove the identified materials from the App without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
KZN reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the app or Services, at any time and in its sole discretion. Any changes shall be effective immediately. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be adopted without notice to you. You shall be able to review and print out the most current version of this Agreement at the time of your first log in after its adoption. YOUR CONTINUED USE OF THIS APP AND THE SERVICES FOLLOWING KZN’S POSTING OF ANY CHANGES IS SUBJECT TO YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS APP.
<strong>KZN DOES NOT PROVIDE MEDICAL, HEALTH, NUTRITIONAL, OR OTHER PROFESSIONAL ADVICE.</strong> THE FITNESS CONTENT AVAILABLE THROUGH THE APP, INCLUDING BUT NOT LIMITED TO WORKOUT PROGRAMS, TRAINING PLANS, EXERCISE DEMONSTRATIONS, NUTRITIONAL GUIDANCE, AND ANY OTHER RECOMMENDATIONS OR SUGGESTIONS PROVIDED BY TRAINERS, FITNESS PROFESSIONALS, NUTRITIONISTS, OR OTHER CONTENT CREATORS (COLLECTIVELY, “PROFESSIONAL CONTENT”), IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. <br><br> YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE BEGINNING ANY EXERCISE PROGRAM, NUTRITION PLAN, OR MAKING ANY CHANGES TO YOUR DIET OR LIFESTYLE; (B) YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE PROFESSIONAL CONTENT, INCLUDING BUT NOT LIMITED TO ANY PHYSICAL INJURY, ILLNESS, ADVERSE HEALTH EFFECT, OR DIETARY REACTION; (C) KZN, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, TRAINERS, FITNESS PROFESSIONAL, NUTRITIONISTS AND CONTENT CREATORS ARE NOT RESPONSIBLE FOR ANY INJURY, DAMAGE, OR LOSS SUSTAINED BY YOU AS A RESULT OF FOLLOWING, RELYING UPON, OR IMPLEMENTING ANY PROFESSIONAL CONTENT; AND (D) THE PROFESSIONAL CONTENT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. <br><br> YOU HEREBY RELEASE, WAIVE, AND HOLD HARMLESS KZN, GABSMRIVERS, LLC, AND ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, TRAINERS, FITNESS PROFESSIONALS, NUTRITIONISTS, CONTENT CREATORS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, AND LIABILITIES OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO YOUR USE OF THE PROFESSIONAL CONTENT, THE FITNESS CONTENT, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, OR ANY OTHER LOSS. THIS RELEASE AND HOLD HARMLESS SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
All payment for subscriptions and Services are non-refundable, and there are no refunds or credits for partially used subscription periods. After any cancellation, you will continue to have access to the App and the Services until the end of your current billing period. At any time and for any reason, KZN may, at its sole and absolute discretion, provide a refund, discount, or other consideration to some or all of its users. The provision of any such credit or refund in one instance does not entitle you to credits or refunds in the future for similar instances, nor does it oblige KZN to provide credits or refunds in the future under any circumstances.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL KZN BE HELD LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE APP, THE SERVICES, THE INABILITY TO USE THE SERVICES OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
THE APP AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. KZN CANNOT CONTROL THE NATURE OF THE CONTENT AVAILABLE ON THE APP. BY OPERATING THE APP, KZN DOES NOT REPRESENT OR IMPLY THAT KZN ENDORSES ANY CONTRIBUTIONS OR OTHER CONTENT AVAILABLE ON OR LINKED TO BY THE APP, INCLUDING WITHOUT LIMITATION CONTENT HOSTED ON THIRD PARTY WEBSITES, OR THAT KZN BELIEVES CONTRIBUTIONS OR OTHER CONTENT TO BE ACCURATE, USEFUL OR NON-HARMFUL. YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. USER'S USE OF AND RELIANCE THEREON ARE AT USER'S OWN AND SOLE RISK. KZN MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
The App may contain links, integrations, or references to third-party websites, services, software, products, or other materials (collectively, “Third-Party Materials”). Such Third- Party Materials may include, without limitation, payment processors, advertising and promotional content, fitness equipment or supplement retailers, and external health or wellness resources. By offering access to or linking to such Third-Party Materials, KZN does not endorse or assume responsibility for them and provides no guarantee as to their accuracy, reliability, nature, origin, quality, or availability. You acknowledge and agree that KZN has no control over, and shall not be responsible or liable for, any Third-Party Materials or for any loss or damage of any kind incurred as a result of your access to, use of, or reliance on any Third-Party Materials. Certain functionalities of the App, including payment processing, may be facilitated through third-party service providers. The use of such services is governed by the applicable third party’s own terms of service and privacy policy, which may differ from KZN’s. You are solely responsible for reviewing and complying with any such terms before using third-party services.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD KZN AND ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THESE TERMS, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY COMMONWEALTH, STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION SHALL SURVIVE THE TERMINATION OF THESE TERMS.
This App is controlled and operated by KZN from its offices within the Commonwealth of Puerto Rico. KZN makes no representation that materials in the App are appropriate or available for use in other locations. Access to this App from jurisdictions where the content of this App is illegal or penalized is prohibited.
Regardless of your jurisdiction of residence, or the jurisdiction from which you access the App and/or the Service, your use of the App and/or the Service and these Terms will be exclusively governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico. Notwithstanding the foregoing, (a) KZN may lodge a claim against you pursuant to the Indemnity clause, in any court adjudicating a third- party claim against KZN, and (b) nothing herein shall limit KZN’s right to seek immediate temporary or emergency relief in any other court with competent jurisdiction.
KZN has the right, but not the obligation, to take any of the following actions in its sole
discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend, or terminate your access to all or any part of the App and/or the Services;
2. Change, suspend, or discontinue all or any part of the App and/or the Services;
3. Refuse, move, or remove any material that you submit to the App for any reason;
4. Refuse, move, or remove any content that is available on the App;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of the App.
You agree that upon termination of this Agreement, you must destroy all materials
obtained from this App and all copies thereof, whether made under the Terms or
otherwise.
You agree that upon termination you shall remain liable to KZN for any and all
obligations you may have incurred with KZN.
You agree that KZN shall not be liable to you or any third party for taking any of these actions.
KZN’s failure to enforce the strict performance of any provision of these Terms shall not constitute a waiver of KZN's right to subsequently enforce such provision or any other provisions of these Terms.
These Terms (together with any underlying Incorporating Agreement) constitute the entire and complete agreement between you and KZN concerning the subject matter herein and supersede all prior oral or written statements, understandings, negotiations and representations with respect to the subject matter herein. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions will remain in full force and effect.
KZN may provide you with notices, including those regarding changes to the Terms, by email, regular mail or postings on the App.
For general questions regarding the App, its Services, unauthorized transactions, or compromised user information you may contact: info@kznfitnessprogram.com
Miscellaneous. These Terms and the general terms, conditions set forth on the App, including but not limited to those set forth in the Privacy Policy and any Policies and Guidelines included by reference, constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
KZN is not your agent, fiduciary, trustee or other representative. Nothing expressed or mentioned in or implied from the Terms is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to the Terms. The Terms and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of KZN and you.
You understand and agree that the Services may include communications such as service announcements and administrative messages from us and that these communications are considered part of the Services. You shall not be able to opt out of receiving these messages. <br><br> The Terms are effective upon acceptance by you. <br><br> KZN shall not be liable for any inadequacy, irregularity, interruption, or delay in the Services caused by: (a) any circumstance beyond KZN’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, pandemics, civil unrest, acts of terror, strikes or other labor problems, technical failures (including failures in telecommunications, internet, internet service provider, hosting facilities, or cloud infrastructure), power shortages, or acts undertaken by third parties, including without limitation denial of service attacks; (b) sub-optimal functionality, availability, or downtime of any third-party payment gateway or service provider, or (c) your use of the Services in an unauthorized, improper, or unlawful manner. In the event that a force majeure event extends for a period in excess of thirty (30) days, KZN may temporarily or permanently halt the Services provided under this Agreement and shall have no liability thereof.
Version 2.0 | Date: May 20, 2026 | Last Updated: May 20, 2026