Terms of Service

Last updated: April 5, 2025 · Governing law: Province of Ontario, Canada

Please read these Terms carefully before using KaizenFit. By creating an account or purchasing a program, you agree to be bound by these Terms of Service.

1. About KaizenFit

KaizenFit Inc. ("KaizenFit", "we", "us", "our") operates an online marketplace at kaizenfit.ca where independent fitness creators ("Creators") sell digital wellness programs to buyers ("Buyers"). KaizenFit is a marketplace platform — we are not a gym, healthcare provider, physiotherapy clinic, or medical services provider.

2. Eligibility & Age Requirement

You must be at least 18 years of age to create an account and enter into these Terms. If you are under 18, a parent or legal guardian must create and manage the account on your behalf and accepts full responsibility for all activity under that account. By registering, you represent and warrant that you meet this age requirement. KaizenFit reserves the right to terminate accounts found to belong to minors without appropriate parental oversight.

3. Health & Medical Disclaimer

All programs, guides, nutrition plans, workout routines, physiotherapy resources, and AI Trainer responses on KaizenFit constitute general wellness information only. Nothing on this platform is medical advice, diagnosis, treatment, or a substitute for professional healthcare. Always consult a qualified physician or healthcare provider before beginning any fitness, diet, or exercise program. KaizenFit, its employees, and Creators are not liable for any injury, illness, or harm arising from use of any program or the AI Trainer feature.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate, current information at registration. You must promptly notify KaizenFit of any unauthorised use of your account. KaizenFit reserves the right to suspend or terminate accounts for violations of these Terms.

5. Purchases, Payments & Tax

All prices are displayed in Canadian dollars (CAD). Applicable GST/HST or provincial sales tax (PST/QST) will be calculated and added at checkout based on your declared province of residence, in accordance with Canada's Excise Tax Act and applicable provincial tax legislation. Payments are processed by Stripe. By completing a purchase, you authorise KaizenFit to charge your selected payment method for the total amount including applicable taxes.

5.1 Refund Policy

Digital programs are non-refundable once accessed or downloaded. If you experience a genuine technical failure preventing access to purchased content, you may request a refund within 7 calendar days of purchase by contacting support@kaizenfit.ca. Refunds are issued at KaizenFit's sole discretion. By completing a purchase of digital content, you expressly consent to immediate provision of the content and acknowledge that this waives any withdrawal right under applicable consumer protection law.

6. Creator Terms

  • Only upload general wellness content — not medical treatment, diagnosis, or therapy
  • Hold appropriate professional credentials and liability insurance where applicable
  • Not make false, misleading, or exaggerated health claims
  • Comply with Health Canada advertising guidelines for health and wellness content
  • Not use before-and-after imagery that implies medically significant transformation
  • Grant KaizenFit a non-exclusive licence to display and distribute their content
  • Accept a 15% platform fee on all sales, with 85% remitted via Stripe Connect
  • Creators are independent contractors, not employees of KaizenFit

7. Creator Content Policy

All Creators must comply with the Creator Content Policy available at kaizenfit.ca/creator-policy. KaizenFit reserves the right to remove content that violates this policy at any time. KaizenFit does not verify the accuracy of program content and is not liable for Creator content.

8. Intellectual Property

Creators retain ownership of their program content. By uploading content, Creators grant KaizenFit a non-exclusive, royalty-free licence to display and distribute their content on the platform. Buyers receive a personal, non-transferable licence to access purchased content for their own use only. Reselling, reproducing, or distributing purchased programs is strictly prohibited and may constitute copyright infringement.

9. Prohibited Use

  • Medical diagnoses or treatment claims
  • Programs targeting minors without guardian consent
  • Content promoting disordered eating or dangerous training practices
  • Misleading transformation claims
  • Any content violating applicable Canadian law
  • Attempting to circumvent platform security or payment systems

10. Limitation of Liability

To the maximum extent permitted by Ontario law, KaizenFit's total liability to you for any claim arising from use of the platform shall not exceed the amount you paid for the program giving rise to the claim in the 12 months preceding the claim. KaizenFit is not liable for indirect, incidental, consequential, or punitive damages.

11. Privacy & PIPEDA

KaizenFit collects and processes personal information in accordance with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws. Please review our Privacy Policy at kaizenfit.ca/privacy.

12. CASL — Commercial Electronic Messages

KaizenFit complies with Canada's Anti-Spam Legislation (CASL). We will only send marketing emails to users who have provided express consent at registration. You may unsubscribe from marketing communications at any time by clicking the unsubscribe link in any email or contacting privacy@kaizenfit.ca. Transactional emails (purchase receipts, account notices) are sent without separate consent as permitted by CASL.

13. GST/HST Obligations

KaizenFit Inc. is registered for GST/HST with the Canada Revenue Agency. Applicable taxes are collected on all taxable supplies facilitated through the platform in accordance with the Excise Tax Act.

14. Governing Law & Disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes shall be resolved in the courts of Ontario. You and KaizenFit agree to first attempt informal resolution in good faith before pursuing legal action.

15. Changes to Terms

KaizenFit may update these Terms with 30 days' notice via email or platform notification. Continued use after the effective date constitutes acceptance of the updated Terms.

16. Contact

KaizenFit Inc. · legal@kaizenfit.ca · Toronto, Ontario, Canada