ActivePath Terms of Service

By downloading, installing, accessing, or using ActivePath ("Service," "App," or "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy, our Community Guidelines, and any additional guidelines or rules referenced herein. If you do not agree to these Terms, you must immediately cease all use of the Service.

Your continued use of ActivePath after any modifications to these Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically.

You must be at least 18 years of age to create an account and use ActivePath. Users between the ages of 13 and 17 may use the Service only with verified parental or legal guardian consent. The Service is not intended for children under 13, and we do not knowingly collect personal information from children under 13.

By using the Service, you represent and warrant that you meet the applicable age requirements and have the legal capacity to enter into these Terms. If you are using the Service on behalf of a minor, you accept these Terms on their behalf and are responsible for their use of the Service.

To use ActivePath, you must create an account. By registering, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the confidentiality and security of your account credentials
• Not create multiple accounts or share your account with others
• Not use automated means (bots, scripts, crawlers) to create or access accounts
• Accept full responsibility for all activity that occurs under your account
• Notify us immediately at support@activepath.ai if you suspect unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or remain inactive for extended periods. You are solely responsible for any consequences arising from failure to maintain account security.

ActivePath provides AI-powered route generation for running, cycling, walking, and hiking activities, along with fitness tracking, HIIT workouts, suggestions, quick actions, leaderboards, achievements, community features, and related functionality. By using the Service, you agree to:

• Always follow local traffic laws, regulations, and ordinances
• Accept full personal responsibility for your safety at all times
• Continuously monitor environmental, traffic, terrain, and weather conditions
• Never use the App while driving, operating heavy machinery, or in any situation where distraction could pose a danger
• Use the Service only for its intended purposes as a fitness and wellness tool
• Not rely solely on GPS navigation or route suggestions — always exercise independent judgment

ActivePath routes, suggestions, quick actions, AI Mode responses, and workout features are generated using algorithms and artificial intelligence. While we strive for quality and safety, outputs may contain inaccuracies, may pass through areas that become unsafe, or may fail to account for temporary conditions such as construction, closures, weather events, or crime. You must independently assess every route, suggestion, and environment before and during use.

ActivePath uses artificial intelligence and machine-learning systems — including AI Mode, route generation, suggestion engines, quick actions, voice features, and personalized recommendations — to provide content and functionality. You acknowledge and agree to the following:

• AI systems can produce outputs that are inaccurate, incomplete, biased, out-of-date, or wholly fabricated ("hallucinations")
• AI Mode and AI-generated suggestions are NOT medical advice, NOT professional fitness coaching, NOT legal advice, NOT navigation guidance from a licensed surveyor, and NOT a substitute for human judgment
• AI may suggest routes that are inaccessible, on private property, beyond your fitness level, through unsafe areas, or that involve trespass or hazard
• AI may suggest workouts, intensities, or activities that are inappropriate for your individual health, age, condition, or environment
• AI outputs are personalized based on your stated preferences, profile, and behavior; changing those inputs will materially change the outputs you receive
• You must independently verify every AI-generated route, suggestion, and recommendation before acting on it
• You agree not to rely on AI Mode or any AI feature for medical, safety, financial, or legal decisions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVEPATH IS NOT LIABLE FOR ANY HARM, INJURY, LOSS, OR DAMAGE ARISING FROM YOUR RELIANCE ON OUTPUTS FROM AI MODE, AI-GENERATED ROUTES, AI-GENERATED SUGGESTIONS, QUICK ACTIONS, OR ANY OTHER ALGORITHMIC RECOMMENDATION PROVIDED BY THE SERVICE.

IMPORTANT: ACTIVEPATH IS NOT A MEDICAL DEVICE, MEDICAL SERVICE, OR LICENSED HEALTHCARE PROVIDER. THE APP DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALL FITNESS CONTENT, WORKOUT SUGGESTIONS, ROUTE RECOMMENDATIONS, HIIT PROTOCOLS, AND WELLNESS INFORMATION PROVIDED THROUGH THE SERVICE ARE FOR GENERAL INFORMATIONAL AND WELLNESS PURPOSES ONLY.

You should consult with a qualified physician or healthcare provider before beginning any exercise program, particularly if you:

• Have a pre-existing medical condition (heart disease, hypertension, diabetes, respiratory conditions, etc.)
• Have recently undergone surgery or medical treatment
• Are pregnant or have pregnancy-related complications
• Have a history of cardiovascular events (heart attack, stroke, etc.)
• Take medication that may affect your ability to exercise
• Have musculoskeletal injuries or chronic pain conditions
• Have any condition that could be worsened by physical activity

You expressly acknowledge that the Service is not a substitute for professional medical advice and that you should never disregard professional medical advice or delay seeking it because of information provided by ActivePath.

BY USING ACTIVEPATH, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH PHYSICAL EXERCISE, OUTDOOR ACTIVITIES, ROUTE NAVIGATION, HIIT WORKOUTS, AND USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE RISK OF:

• Death, serious bodily injury, or permanent disability
• Muscle strains, sprains, tears, or other musculoskeletal injuries
• Cardiovascular events including heart attack, stroke, cardiac arrest, or arrhythmia
• Falls, collisions, or impact injuries
• Overexertion, heat stroke, heat exhaustion, hypothermia, or dehydration
• Injuries from uneven terrain, potholes, obstacles, or poor road/trail conditions
• Encounters with traffic, vehicles, cyclists, other pedestrians, animals, or wildlife
• Getting lost, disoriented, or stranded due to route inaccuracies, map errors, or GPS failures
• Injuries sustained during HIIT workouts (including but not limited to interval running, shuttle sprints between cones, and other high-intensity efforts)
• Injuries from performing HIIT workouts in unsafe environments or without adequate space
• Exposure to dangerous neighborhoods, areas, or conditions
• Equipment malfunction or failure (including wearable devices)
• Allergic reactions, insect bites, or environmental hazards
• Acts of third parties, including assault, theft, or harassment
• Natural disasters, severe weather, or environmental emergencies

YOU ACKNOWLEDGE THAT THIS LIST IS NOT EXHAUSTIVE AND THAT OTHER RISKS MAY EXIST. YOU ARE SOLELY RESPONSIBLE FOR EXERCISING WITHIN YOUR OWN PHYSICAL LIMITS AND CAPABILITIES. ActivePath cannot assess your individual health status, fitness level, or environmental conditions in real time, and you agree that you will not hold ActivePath responsible for any injury, harm, loss, or damage arising from your use of the Service.

Any fitness-related content, metrics, statistics, calorie estimates, distance calculations, pace data, heart rate information, or performance feedback provided by ActivePath is for general informational and entertainment purposes only.

• Results are not guaranteed — any references to weight loss, muscle gain, improved fitness, or performance improvements are illustrative only and do not constitute promises or warranties
• Individual results will vary significantly based on genetics, age, diet, lifestyle, consistency, pre-existing conditions, and many other factors
• Fitness content is general in nature and is not tailored to your individual medical needs or limitations
• Calorie calculations, distance measurements, pace data, and other metrics are estimates only and may be inaccurate
• Achievements and leaderboard positions are for entertainment and motivation and do not reflect medical or clinical fitness assessments

By using ActivePath, you represent and warrant that:

• You are physically capable of engaging in exercise and fitness activities
• You have no medical condition that would prevent or make dangerous your use of the Service, or you have obtained clearance from a qualified medical professional
• You will immediately stop using the Service if you experience chest pain, dizziness, nausea, shortness of breath, faintness, or any other warning signs during exercise
• You will exercise within your own physical limits and not push beyond what is safe for your individual health status
• Any health, fitness, or biometric data you provide to the App is accurate to the best of your knowledge

If you have any contraindicated conditions — including but not limited to recent surgery, pregnancy complications, heart conditions, uncontrolled hypertension, or respiratory illness — you confirm that you have been cleared by a medical professional before using the Service.

ActivePath may integrate with third-party devices and platforms including but not limited to Apple HealthKit, Apple Watch, and other wearable fitness trackers.

• Heart rate, calorie, step count, biometric, and other data obtained from wearable devices and third-party platforms may be inaccurate, delayed, or incomplete. In typical consumer wearables, heart-rate readings can vary by ±10–20 bpm from a clinical measurement, and calorie estimates can vary by 20–50% from actual values
• ActivePath does not verify the accuracy of data received from third-party devices and is not responsible for errors or omissions in such data
• You should not make medical, health, or safety decisions based on data provided by the App or synced from wearable devices. In particular, DO NOT use App data to adjust medication, modify medical treatment, or determine safe exercise intensity — consult a qualified healthcare provider
• ActivePath is not liable for any harm, injury, or damage resulting from decisions made based on device data, including but not limited to incorrect heart rate readings, inaccurate calorie counts, or faulty GPS data
• Integration with third-party platforms is provided "as is" and may be subject to changes, interruptions, or discontinuation by the third-party provider at any time

ActivePath may offer integrations with third-party fitness, health, and analytics platforms, including but not limited to Apple HealthKit, Strava, Garmin Connect, WHOOP, Fitbit, and Google Fit. By enabling any such integration, you acknowledge and agree:

• You must independently agree to the terms of service and privacy policy of the third-party platform; ActivePath is not responsible for, and does not accept any liability for, the third party's acts, omissions, terms, or data practices
• Data may be transferred between ActivePath and the third party in either or both directions, subject to your authorization. The categories of data transferred are described in our Privacy Policy
• Third-party services may change, throttle, rate-limit, deprecate, or discontinue their APIs or service without notice. ActivePath cannot guarantee the continuous availability or accuracy of any integration
• If a third party suspends, terminates, or restricts your account on its platform, ActivePath has no obligation to restore that connection
• You may revoke an integration at any time through Settings or through the third party's controls; revocation does not delete data already shared with the third party — that is governed by the third party's own policies
• ActivePath is not liable for any harm, loss, or damage caused by the conduct of third-party integrators, downtime in their services, security incidents on their platforms, or differences between their data and ActivePath data

ACTIVEPATH IS NOT AN EMERGENCY SERVICE. THE APP CANNOT SUMMON EMERGENCY HELP, DETECT MEDICAL EMERGENCIES, OR PROVIDE REAL-TIME MEDICAL MONITORING.

If you experience chest pain, difficulty breathing, dizziness, loss of consciousness, severe pain, or any other acute medical symptoms while using the Service:

• IMMEDIATELY STOP ALL PHYSICAL ACTIVITY
• CALL EMERGENCY SERVICES (911 in the US, or your local emergency number)
• Do not rely on the App for any form of emergency assistance

ActivePath is not responsible for any delay in obtaining emergency services or for any consequences arising from a user's failure to seek immediate medical attention.

ActivePath offers HIIT (High-Intensity Interval Training) workouts that involve sustained physical movement at elevated effort, including running intervals, shuttle sprints between cones, and heart-rate-zone protocols. By using these workout features:

• You acknowledge that HIIT workouts involve physical activity that carries inherent risks of injury, particularly cardiovascular strain at high intensities
• You are solely responsible for ensuring you have adequate space, safe surroundings, appropriate footwear, and appropriate equipment before starting. As a guideline, shuttle-sprint and movement-based HIIT should be performed in a clear area of at least 20 meters of unobstructed length and 3 meters of width, free of obstacles, traffic, edges, water, and bystanders
• You must be aware of your surroundings including other people, objects, obstacles, walls, and traffic at all times during the workout
• You assume all risk of injury from HIIT activities, including injuries caused by collisions, falls, overexertion, or repetitive motion
• ActivePath is not liable for any injuries sustained during a HIIT workout, regardless of whether the audio coaching instructed, encouraged, or required the movement that caused injury
• Difficulty levels and performance metrics are for guidance only and should not be used to push beyond safe physical limits

ActivePath generates routes using artificial intelligence and third-party mapping data (including, but not limited to, Mapbox). Routes are suggestions only and are not guaranteed to be safe, accurate, or suitable for any particular user or activity.

• Always assess routes for safety before starting any activity
• Be aware of traffic, weather conditions, terrain difficulty, and time of day
• Carry appropriate safety equipment, identification, and a charged mobile phone
• Inform someone of your planned route and expected return time
• Do not rely solely on GPS — be aware of your surroundings at all times
• Routes may pass through areas that are unsafe, inaccessible, on private property, under construction, closed by order, or otherwise unsuitable
• Map data may be stale, mislabeled, missing trails, missing roads, missing closures, or otherwise inaccurate; ActivePath does not verify the accuracy of third-party map data
• GPS signals may be inaccurate, delayed, or unavailable in certain areas (tunnels, dense urban areas, forests, indoor environments, etc.)
• Trail conditions, road closures, and local regulations may change without notice
• Routes are not guaranteed to comply with the Americans with Disabilities Act (ADA) or local accessibility laws and may include stairs, steep grades, uneven terrain, or other barriers

ACTIVEPATH IS NOT LIABLE FOR ANY INJURY, HARM, LOSS, PROPERTY DAMAGE, OR DEATH ARISING FROM YOUR USE OF, OR RELIANCE ON, ANY ROUTE GENERATED BY THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY DURING ANY ACTIVITY.

In addition to AI-generated routes, ActivePath allows you to draw your own routes, edit existing routes, and share routes publicly with the community. The terms of this section apply in addition to Section 14.

When you draw or edit a route:

• You are responsible for the accuracy, safety, legality, and suitability of the resulting route
• ActivePath does not validate user-drawn or user-edited routes for safety, legality, accessibility, or accuracy
• You must not draw or share routes that traverse private property without permission, restricted areas, military installations, or other locations where access is prohibited

When you share a route publicly with the community:

• You warrant that you have personally completed the route or have a reasonable basis to believe it is safe for users of similar fitness level and activity type
• You agree to indemnify and hold ActivePath harmless from any claim arising from injury, harm, or loss sustained by another user who relied on a route you shared
• You grant ActivePath the rights described in Section 27 (User-Generated Content and Community)
• ActivePath may, but is not obligated to, review, rate, restrict, or remove user-shared routes; removal is at our sole discretion and the absence of removal is not an endorsement

When you use a route shared by another user:

• You acknowledge that ActivePath has not verified the route's safety, accuracy, accessibility, legality, or suitability
• You assume all risk of injury, harm, or loss arising from your use of community-shared routes
• ActivePath is not liable for any harm caused by reliance on community-shared content

ActivePath allows you to manually log activities (workouts, distances, durations, calories, elevation, heart rate, etc.) without GPS tracking or device verification. When you use manual logging:

• Manually entered data is not verified by ActivePath. Distances, paces, calories, durations, and other values rely entirely on your input
• ActivePath does not detect, prevent, or correct mistakes, exaggerations, or fraudulent entries
• Leaderboards, streaks, achievements, badges, and community rankings that incorporate manual entries are intended for entertainment and motivation only and may not reflect actual fitness performance
• You should not use manual log totals for medical, training, or performance decisions
• ActivePath is not liable for inaccurate manual data, harm caused by reliance on manual data, or unfair outcomes in social or competitive features that result from manual entries
• You agree not to falsify manual entries to obtain status, badges, leaderboard position, or any other benefit. Doing so violates these Terms and may result in account suspension or termination

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using ActivePath, you consent to the collection, use, and processing of your information as described in the Privacy Policy.

You acknowledge that the Service collects sensitive data including location data, fitness and health-related data, and biometric data from connected devices. Please review the Privacy Policy carefully to understand our data practices.

ActivePath requires access to your device's location services to provide core functionality. By using the Service:

• You grant permission for the App to access your device's GPS location
• Location data is used to generate personalized routes, track workouts, and provide navigation
• Real-time GPS coordinates (including timestamp, altitude, accuracy, speed, and heading) are collected during active workouts
• Activity tracking data is stored securely in encrypted databases
• You may delete your activity history at any time through the App
• You may revoke location permissions at any time through your device settings, though this will limit core functionality
• If you publicly share workouts with location data, that data may reveal your home, workplace, or other personal locations to other users — review your sharing settings before posting

We use cookies and similar tracking technologies to improve your experience:

• Necessary Cookies: Required for the Service to function properly (always active)
• Analytics Cookies: Help us understand how visitors interact with our Service
• Performance Cookies: Used to optimize route generation and app performance

On our website, where required by applicable law (including the EU ePrivacy Directive), non-essential cookies are loaded only after you grant consent through our cookie banner. In the App, equivalent controls are available through the in-app analytics toggle and your device's tracking permissions. Disabling certain cookies may limit your experience.

On first launch after you sign in, we ask whether you want to share anonymous usage data to help us improve the Service. Your choice is recorded and can be changed at any time in Settings → Analytics. Analytics data includes:

• Screen views and feature usage patterns
• Route generation preferences and interaction data
• App performance and error metrics

Analytics data is collected anonymously and does not include your personal location data, workout GPS tracks, or personally identifiable health information. You may opt out of analytics at any time through the Settings screen. Opting out does not affect any other functionality.

For users in our beta-tester or whitelist program, analytics is enabled automatically as part of program participation; you can opt out at any time in Settings, and your explicit choice will override the auto-grant.

By using ActivePath, you provide explicit consent for:

• Processing of personal information (name, email, fitness data)
• Storage of location and activity data
• Recording of IP addresses and user agents for security purposes
• Anonymous analytics and usage tracking (enabled by default, opt-out available in Settings)

You may withdraw consent at any time by contacting us or deleting your account. Withdrawal does not affect the lawfulness of processing performed before withdrawal.

Depending on your jurisdiction (including GDPR, CCPA, and other applicable privacy laws), you may have the following rights:

• Access: Request a copy of your personal data
• Rectification: Request correction of inaccurate data
• Deletion: Request deletion of your data ("Right to be Forgotten")
• Data Portability: Request your data in a machine-readable format
• Restrict Processing: Request limitation of data processing
• Object to Processing: Object to certain types of data processing
• Withdraw Consent: Opt out of data processing at any time
• Non-Discrimination: Exercise your rights without receiving discriminatory treatment

To exercise these rights, contact privacy@activepath.ai. We will respond to verified requests within 30 days (or such shorter period as required by applicable law).

ActivePath may offer free and paid subscription tiers. If you purchase a subscription:

• Pricing, features, and terms will be presented clearly before purchase
• Subscriptions automatically renew at the end of each billing period unless canceled
• You may cancel your subscription at any time through the App Store (iOS) or Google Play Store (Android)
• Refunds are governed by the policies of the applicable app store. For App-Store-billed subscriptions, refund requests must be submitted to Apple or Google directly; ActivePath cannot issue refunds for App Store transactions on your behalf
• If you believe you have been charged in error, contact us at support@activepath.ai with your transaction details and we will assist where we are able, including providing documentation to support a refund request you submit through the App Store
• We reserve the right to change subscription pricing with reasonable notice; price changes will not apply to your current billing period
• All fees are exclusive of applicable taxes, which will be added where required by law
• Free trial periods, if offered, will convert to paid subscriptions automatically unless canceled before the trial ends
• ActivePath is not responsible for charges resulting from failure to cancel a subscription or free trial before renewal

If you obtained ActivePath from the Apple App Store, the following additional terms apply. To the extent any of these conflict with the rest of the Terms with respect to your App Store usage, these terms control:

• These Terms are between you and ActivePath only, not with Apple Inc. ("Apple"). ActivePath, not Apple, is solely responsible for the App and its content
• Apple has no obligation to provide any maintenance and support services with respect to the App
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App
• ActivePath, not Apple, is responsible for addressing any of your or any third party's claims relating to the App or your possession and use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, ActivePath, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim
• You must comply with all applicable third-party terms when using the App (e.g., your wireless data agreement)
• You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties

All content, features, functionality, software, algorithms, designs, text, graphics, logos, icons, images, audio, video, and data compilations within the Service are owned by ActivePath or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use in accordance with these Terms. You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer, decompile, or disassemble the software
• Extract or attempt to extract source code, algorithms, models, prompts, or data
• Use the Service or its outputs to train, develop, or evaluate any other AI system or competing product
• Use the Service to create a competing product or service
• Remove any copyright, trademark, or proprietary notices

ActivePath respects the intellectual property rights of others and expects users to do the same. We will respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

To submit a DMCA takedown notice, send written notification to our Designated Copyright Agent at copyright@activepath.ai with the following:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material claimed to be infringing, with information sufficient to permit us to locate it
• Your contact information (address, telephone number, email)
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on the owner's behalf

Counter-Notice: If you believe content you posted was wrongly removed, you may submit a counter-notice to copyright@activepath.ai including the same elements plus a statement consenting to the jurisdiction of the federal court in your district (or, if outside the US, in the District of Delaware).

Repeat Infringers: We will terminate, in appropriate circumstances, the accounts of users determined to be repeat infringers.

Misrepresentation: You acknowledge that if you knowingly materially misrepresent that material is infringing or was wrongly removed, you may be liable for damages under 17 U.S.C. § 512(f).

ActivePath includes community features through which you may create, upload, post, share, or transmit content (including profile information, comments, shared routes, photos, achievements, and other materials) ("User Content"). All use of community features is also subject to our Community Guidelines, which are incorporated by reference and available within the App and at activepath.ai/community-guidelines.

• You retain ownership of your original User Content
• You grant ActivePath a worldwide, royalty-free, non-exclusive, sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, distribute, and display your User Content within the Service and for the purpose of operating, promoting, and improving the Service
• You are solely responsible for your User Content and represent and warrant that it does not violate any law, contract, or third-party right, and that you have all rights necessary to grant the license above
• ActivePath is not liable for User Content posted by other users, including any reliance you place on such content
• ActivePath may, but is not obligated to, monitor User Content. We may remove, restrict, age-gate, or refuse to display any User Content at our sole discretion, including content we believe to be unsafe, illegal, infringing, deceptive, harassing, or otherwise objectionable. The absence of a removal is not an endorsement
• Automated content moderation (including profanity filters, abuse detection, and route-safety heuristics) is best-effort, may produce false positives or false negatives, and is not a guarantee that disallowed content has been blocked or that allowed content will not be flagged
• To report content that violates these Terms or the Community Guidelines, use the in-app reporting flow or contact safety@activepath.ai. We aim to review reports of imminent safety issues within 48 hours; we cannot guarantee any specific response or removal time

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Attempt to gain unauthorized access to our systems, servers, or databases
• Interfere with or disrupt the Service, servers, or networks
• Use bots, scrapers, spiders, crawlers, or other automated tools to access, copy, or aggregate any portion of the Service or its data
• Impersonate any person or entity or provide false information
• Reverse engineer, decompile, or attempt to extract our algorithms, models, prompts, or source code
• Use the Service or its outputs to train, develop, or evaluate any other AI system or competing product
• Transmit viruses, malware, ransomware, or any harmful code
• Harass, threaten, dox, or abuse other users of the Service
• Use the Service to send spam, unsolicited messages, or promotional material
• Submit bulk, automated, or abusive submissions to our contact, feedback, or support channels
• Falsify manual activity entries, GPS data, or any other data to gain status, leaderboard position, badges, or other benefit
• Exploit bugs, glitches, or vulnerabilities in the Service for unfair advantage or malicious purposes
• Circumvent any security measures, access controls, rate limits, or usage limits
• Use the Service in any way that could damage, disable, overburden, or impair our infrastructure

We reserve the right to suspend, restrict, or terminate your account, with or without notice, for any of the following grounds:

• Material or repeated violation of these Terms, our Community Guidelines, or other ActivePath policies
• Fraudulent, deceptive, or abusive conduct (including data falsification, fake accounts, or payment fraud)
• Conduct that creates a safety risk to you, other users, or the public
• Use of the Service in a manner that could expose ActivePath to legal liability
• Activity that is harmful to the integrity, security, or operation of the Service
• Extended periods of account inactivity (subject to applicable law)
• A legal, regulatory, or law-enforcement requirement

Where reasonably possible and not prohibited by law, we will provide notice and an opportunity to cure non-safety violations. If your account is suspended or terminated and you believe the action was made in error, you may submit an appeal to appeals@activepath.ai. We will review timely appeals in good faith but reserve final discretion over account status decisions.

You may terminate your account at any time by deleting your account through the App settings. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination (including limitation of liability, indemnification, and dispute resolution) will continue in effect.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACTIVEPATH DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR SAFETY OF ANY ROUTES, SUGGESTIONS, AI OUTPUTS, FITNESS DATA, HEALTH INFORMATION, OR USER-GENERATED CONTENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE RESULTS OBTAINED FROM USE OF THE SERVICE

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACTIVEPATH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• PERSONAL INJURY, BODILY HARM, OR DEATH ARISING FROM YOUR USE OF THE SERVICE, INCLUDING USE OF ROUTES, AI MODE, COMMUNITY-SHARED CONTENT, HIIT WORKOUTS, OR OTHER FEATURES
• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES ARISING FROM BUGS, ERRORS, GLITCHES, DOWNTIME, OR TECHNICAL MALFUNCTIONS IN THE SERVICE
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING OTHER USERS AND THIRD-PARTY INTEGRATORS
• DAMAGES ARISING FROM INACCURATE ROUTE GENERATION, AI HALLUCINATIONS, USER-DRAWN OR USER-EDITED ROUTES, COMMUNITY-SHARED ROUTES, GPS ERRORS, OR NAVIGATION FAILURES
• DAMAGES ARISING FROM INACCURATE FITNESS DATA, MANUAL ACTIVITY ENTRIES, CALORIE CALCULATIONS, HEART RATE DATA, OR OTHER METRICS

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO ACTIVEPATH IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER. THIS LIMITATION APPLIES EQUALLY TO APPLE INC. AND ITS SUBSIDIARIES AS THIRD-PARTY BENEFICIARIES OF THESE TERMS.

YOU ACKNOWLEDGE THAT SOFTWARE INHERENTLY CONTAINS BUGS AND THAT NO SOFTWARE IS PERFECTLY ERROR-FREE. ACTIVEPATH IS NOT LIABLE FOR ANY HARM, LOSS, OR INCONVENIENCE CAUSED BY BUGS, ERRORS, GLITCHES, OR TECHNICAL ISSUES IN THE APP, REGARDLESS OF WHETHER SUCH ISSUES WERE KNOWN OR UNKNOWN AT THE TIME OF YOUR USE.

You agree to indemnify, defend, and hold harmless ActivePath, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or inability to use the Service
• Your violation of these Terms or the Community Guidelines
• Your violation of any rights of another person or entity
• Any injury or harm to yourself or others while using the Service
• Any User Content or routes you create, upload, edit, or share through the Service
• Your use of any route, workout, AI suggestion, integration, or feature provided by the Service

This indemnification obligation will survive the termination of your account and these Terms.

The Service may contain links to third-party websites, services, or content that are not owned or controlled by ActivePath. We are not responsible for:

• The content, privacy policies, or practices of any third-party websites or services
• Any damage or loss caused by your use of or reliance on third-party content or services
• The accuracy, legality, or appropriateness of third-party content

We encourage you to review the terms and privacy policies of any third-party services you interact with through or in connection with ActivePath.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Informal Resolution: Before filing any formal dispute, you agree to first contact us at legal@activepath.ai and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration: If we cannot resolve a dispute informally, you and ActivePath agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. The arbitration shall be conducted in the United States, and the arbitrator's decision shall be final and binding.

Arbitration Fees: For consumer claims with an aggregate amount in dispute of less than $10,000, ActivePath will pay all AAA filing, administration, and arbitrator fees, except that you remain responsible for the AAA consumer filing fee if your claim is determined by the arbitrator to be frivolous. For claims of $10,000 or more, AAA fees will be allocated as provided by the AAA Consumer Arbitration Rules.

CLASS ACTION WAIVER: YOU AND ACTIVEPATH AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions: Either party may bring claims in small claims court if the claim qualifies. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

Opt-Out: You may opt out of this arbitration clause by sending written notice to legal@activepath.ai within thirty (30) days of first accepting these Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

If you are accessing the Service from outside the United States, you are responsible for compliance with local laws to the extent they apply.

The Service and any underlying technology are subject to United States export control laws and to the trade and economic sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). By using the Service, you represent and warrant that:

• You are not located in, under the control of, or a national or resident of any country subject to a U.S. Government embargo or designated as a "terrorist supporting" country (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
• You are not listed on the U.S. Treasury Department's Specially Designated Nationals list, the U.S. Commerce Department's Denied Persons List or Entity List, or any other U.S. or foreign restricted-party list
• You will not use, export, re-export, or transfer the Service in violation of any U.S. or other applicable export control or sanctions law

You are solely responsible for compliance with all applicable export control and sanctions laws.

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Notify you through the App or via email for significant changes
• Provide a reasonable period for review before changes take effect for material modifications

Your continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you should stop using the Service and delete your account.

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect. The invalidity of any provision shall not affect the validity of the remaining Terms.

These Terms, together with the Privacy Policy and Community Guidelines, constitute the entire agreement between you and ActivePath regarding your use of the Service. These Terms supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, between you and ActivePath.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and ActivePath's failure to assert any right under these Terms shall not constitute a waiver of such right.

ActivePath shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, pandemics, epidemics, government actions, power failures, internet or telecommunications failures, or cyberattacks.

If you have questions, concerns, or requests regarding these Terms and Conditions: