Privacy
Policy

Effective Date: June 9, 2026 · Last Modified: June 9, 2026

1. Introduction

This Privacy Policy describes how ATA IT Services, LLC, an Indiana limited liability company doing business as Activate Fitness ("Activate Fitness," "we," "us," or "our"), collects, uses, discloses, and protects information when you and your child use the Activate Fitness mobile application (the "App") and the website at activatefitnessapp.com (the "Site") (collectively, the "Service").

Activate Fitness is designed for parents to set up and supervise their children. The App rewards a child's physical activity (steps and exercise) with screen time on the child's Apple device, using Apple's Screen Time and HealthKit frameworks.

Because the App is used by children, we comply with the Children's Online Privacy Protection Act of 1998 ("COPPA"), Apple's Kids Category requirements, and other applicable child-privacy laws. We do NOT sell, rent, share for cross-context behavioral advertising, or otherwise monetize personal information about children or parents.

2. Who We Are

• Legal entity: ATA IT Services, LLC (Indiana)
• Doing business as: Activate Fitness
• Founder: Andrew Armour
• Email: andrew.armour@activatefitnessapp.com
• Phone: +1 (317) 604-9554
• Address: 1869 S Philadelphia Pass, New Palestine, IN 46163

3. Information We Collect

A. From Parents (Account Information)

• Email address and password (or Sign In with Apple/Google identifiers)
• Parental consent records: timestamp, age category, App version, consent method
• Any information you voluntarily send via support email

B. About Children (Provided by the Parent)

• Child first name (or nickname) and date of birth or age
• Optional profile photo, stored in Google Cloud Storage
• Parent-configured settings: step goals, minutes per goal, daily max, schedules, restricted apps/categories, wearable selection

C. Health & Activity Data (Apple HealthKit)

• Daily step count from the device or paired wearable
• Apple Watch exercise minutes (when Apple Watch is selected)
• Source identifiers used to filter trusted sources and prevent manipulation

D. Screen Time & App-Usage Data

• FamilyActivitySelection tokens (opaque — cannot be linked to specific apps by us; Apple's framework prevents that)
• DeviceActivity event counts for enforcing restrictions
• Screen-time balance, session times, and pause/resume events

E. Device & Technical Information

• Device identifier for vendor (identifierForVendor) — for pairing only
• Firebase Cloud Messaging push token — for notifications only
• App version, OS version, and approximate time zone
• Anonymous Firebase Authentication UID for child devices

F. What We Do NOT Collect

• NO precise location, GPS, contacts, browsing history, or social-media data
• NO persistent advertising identifiers (IDFA)
• NO third-party analytics SDKs that profile users
• NO advertising SDKs of any kind

4. How We Use Information

We use information only to:

1. Provide the Service — accounts, pairing, step tracking, screen time, restrictions
2. Maintain verifiable parental consent records (COPPA)
3. Send push notifications about progress, earned rewards, and account events
4. Protect against fraud, abuse, and step manipulation
5. Communicate about service issues, security alerts, and support
6. Comply with legal obligations and enforce our Terms of Service

We do NOT use any information for behavioral advertising, profiling, automated decision-making, or sale to third parties.

5. Children's Privacy (COPPA Notice)

In compliance with COPPA:

• Direct notice: We notify parents before collecting any data from children under 13
• Verifiable consent: We obtain consent through authenticated account creation, explicit checkbox, and timestamped consent records
• Minimal collection: We collect only what's necessary for the App to function
• No behavioral advertising: Children's data is never used for advertising
• Persistent identifiers: FCM tokens and device identifiers are used solely for internal operations (notifications and device sync)

Parental Rights Under COPPA

At any time, a parent may:

• Review all personal information collected about the child
• Request deletion of the child's personal information
• Refuse further collection (may require discontinuing the Service)
• Revoke consent at any time

Use the in-App deletion control, unpair the child device, or email andrew.armour@activatefitnessapp.com. We respond within 30 days.

6. Data Sharing

We do NOT sell personal information. We share data only with:

• Google LLC / Firebase: Authentication, Cloud Firestore, Cloud Storage, Cloud Functions, Cloud Messaging — acts as data processor under Google Cloud DPA
• Apple Inc.: HealthKit, FamilyControls, DeviceActivity, Push Notifications — governed by Apple's published terms
• Legal requirements: If required by law, court order, or to protect rights, property, or safety
• Business transfers: In connection with a merger, acquisition, or sale of assets — with prior notice to you

7. Apple HealthKit Disclosure

We comply with Apple's HealthKit terms:

• We will not use HealthKit data for advertising or use-based data mining
• We will not disclose HealthKit data to third parties without user permission
• We will not sell HealthKit data to advertising platforms, data brokers, or information resellers

Widget & Live Activity

The Home Screen widget and Lock Screen Live Activity read from local device storage only — no network requests are made.

App Deletion Prevention

While parental controls are active, iOS prevents the app from being deleted (Apple's denyAppRemoval). Parents can unpair the device (requires PIN) to allow deletion.

8. California Residents — CCPA / CPRA

If you are a California resident, the CCPA grants you the following rights:

• Right to know what personal information we collected, from what sources, for what purposes
• Right to access and obtain a portable copy of your personal information
• Right to delete your personal information (subject to limited exceptions)
• Right to correct inaccurate personal information
• Right to opt out of sale and sharing — we do not sell or share
• Right to non-discrimination for exercising any of these rights

Email andrew.armour@activatefitnessapp.com with subject "California Privacy Request." We respond within 45 days.

9. Other U.S. State Privacy Rights

Residents of Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, and other states with comprehensive privacy laws have similar rights. We do not engage in sale, targeted advertising, or profiling. Contact us at the email above.

10. International Users (GDPR)

If you are in the EEA, UK, or Switzerland, our legal bases for processing are: performance of a contract, consent, legal obligation, and legitimate interests. You have the right to withdraw consent, lodge complaints with your supervisory authority, and object to processing.

11. Data Retention & Deletion

• Active accounts: retained while active
• Child profiles: until parent deletes the child or account
• Activity data: rolling 365-day retention
• Consent records: life of account plus 2 years (16 CFR 312.10)
• Backups: up to 30 days

When you delete your account, we delete all child profiles, activity records, consent records, tokens, photos, and auth records.

12. Security

We use TLS 1.2+ encryption in transit, encryption at rest in Firebase, row-level security rules, and restricted backend access. No system is 100% secure. If we become aware of a breach, we notify affected users and authorities as required by law.

13. Cookies & Tracking

The App does not use cookies. The Site uses only essential cookies. We do not use advertising cookies, analytics that profile users, or cross-site tracking.

14. Changes to This Policy

When we make material changes, we will post the updated Policy with a new date, notify you by email, and — for changes expanding children's data collection — obtain new parental consent as required by COPPA.

15. Contact Us

ATA IT Services, LLC dba Activate Fitness

Email: andrew.armour@activatefitnessapp.com
Phone: +1 (317) 604-9554
Address: 1869 S Philadelphia Pass, New Palestine, IN 46163

We respond to all privacy requests within 30 days.

Terms of
Service

Effective Date: June 9, 2026 · Last Modified: June 9, 2026

1. Agreement to Terms

These Terms of Service ("Terms") form a binding contract between you and ATA IT Services, LLC, an Indiana limited liability company doing business as Activate Fitness ("Activate Fitness," "we," "us," or "our"). By creating an account, downloading the App, or using the Service, you accept these Terms and our Privacy Policy.

2. Who Can Use the Service

• Parents/guardians must be at least 18 years old and have legal authority over each child added
• Children may only use the Service under direct parental supervision, on devices paired by a parent
• Children may not create independent accounts

3. Account Security

You agree to provide accurate information, keep your password and PIN confidential, notify us immediately of compromise, and prevent the child from learning the PIN or Screen-Time passcode. You are responsible for all account activity.

4. Description of the Service

Activate Fitness rewards children's physical activity with screen time using Apple's HealthKit, FamilyControls, DeviceActivity, and ManagedSettings frameworks. Features include widgets, Live Activities, bonus rewards, wearable support, scheduled restrictions, multi-device pairing, activity history, and push notifications. We reserve the right to add, modify, or remove features. Screen time balance resets to zero at midnight daily — unused minutes do not carry over.

5. License Grant

ATA IT Services, LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App for personal, non-commercial family use.

6. Apple Notice

These Terms are between you and Activate Fitness, not Apple Inc. Apple has no obligation to maintain or support the App. Activate Fitness is solely responsible for warranties, product liability, legal compliance, and intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms.

7. Parental Supervision

The parent is solely responsible for setting appropriate goals and caps, choosing restricted apps, maintaining passcodes, and monitoring the child's activity for safety. Activate Fitness does not supervise or monitor children.

8. Medical Disclaimer

9. Acceptable Use

You agree not to: violate any law; bypass parental controls or activity verification; submit false step data; reverse engineer the App; use automated access; sell, redistribute, or sublicense the App; impersonate anyone; or overburden our systems. Violations may result in account termination.

10. Intellectual Property & Patent Notice

The Service is owned by ATA IT Services, LLC and protected by U.S. and international intellectual property laws. "Activate Fitness" and its logo are trademarks of ATA IT Services, LLC.

Patent Notice (35 U.S.C. § 287(a))

The Activate Fitness Service is protected by one or more U.S. patents owned by ATA IT Services, LLC:

• U.S. Patent No. 11,660,504 B2 — "Fitness based control of communication device" (issued May 30, 2023; inventor Andrew Armour)

Additional patents may be pending. See activatefitnessapp.com/patents for the current list.

11. Third-Party Services

The Service uses Apple iOS, HealthKit, FamilyControls, DeviceActivity, ManagedSettings, APNs, the App Store, and Google Firebase. Your use of those platforms is governed by their own terms. Wearables (Garmin, Whoop, Oura, Fitbit) are independent products.

12. Payments (Reserved)

The Service is currently free. We may offer paid features in the future with at least 30 days' notice. No charges without your explicit consent.

13. Termination

You may terminate by using the in-App deletion control or emailing us. We may suspend or terminate for breach, legal requirement, or discontinuation. Sections 8, 10, 14, 15, and 16 survive termination.

14. Disclaimers & Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We do not warrant uninterrupted or error-free operation, accurate step counts, or that restrictions cannot be bypassed.

TO THE FULLEST EXTENT PERMITTED BY LAW, ATA IT SERVICES, LLC'S TOTAL LIABILITY WILL NOT EXCEED THE GREATER OF $50 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

15. Dispute Resolution — Arbitration & Class-Action Waiver

15.1 Informal Resolution. Before filing arbitration, contact andrew.armour@activatefitnessapp.com. We will try to resolve the dispute within 60 days.

15.2 Binding Arbitration. Unresolved disputes will be resolved by binding individual arbitration under AAA Consumer Arbitration Rules, in Hancock County, Indiana (or your county, or remotely).

15.3 Class-Action Waiver. YOU AND ATA IT SERVICES, LLC AGREE THAT EACH MAY BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER.

15.4 Exceptions. Either party may bring claims in small-claims court or seek injunctive relief for IP rights.

15.5 Opt-Out. Email andrew.armour@activatefitnessapp.com within 30 days of first accepting these Terms with subject "Arbitration Opt-Out."

16. Governing Law

These Terms are governed by Indiana law. Disputes not subject to arbitration will be brought in state or federal courts in Hancock County, Indiana (or the Southern District of Indiana).

17. Miscellaneous

• Entire Agreement. These Terms and the Privacy Policy are the complete agreement.
• Severability. Unenforceable provisions don't affect the rest.
• No Waiver. Failure to enforce isn't a waiver.
• Assignment. We may assign; you may not without consent.
• Force Majeure. We're not liable for events beyond our control.

18. Changes to Terms

Material changes will be posted in-App and on the Site with a new date and email notice. Continued use constitutes acceptance.

19. Contact

ATA IT Services, LLC dba Activate Fitness

Email: andrew.armour@activatefitnessapp.com
Phone: +1 (317) 604-9554
Address: 1869 S Philadelphia Pass, New Palestine, IN 46163

California residents: Under Cal. Civ. Code § 1789.3, report complaints to the Division of Consumer Services, 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

Patents

Virtual Patent Marking · 35 U.S.C. § 287(a)

The Activate Fitness Service is protected by patents owned by ATA IT Services, LLC. This page is the authoritative list and serves as constructive notice under 35 U.S.C. § 287(a).

What This Patent Covers

Systems and methods for limiting screen time available on a child device based on physical activity. A parent device specifies activity thresholds and associates them with amounts of screen time; activity data from a wearable sensor (or device-integral sensor) is converted to a screen-time value; available screen time is decremented as it is used; and access to designated functions or apps on the child device is disabled when the available screen-time value reaches zero.

Links

• View on Google Patents ↗
• USPTO Patent Center ↗
• Download Patent PDF ↗

About This Notice

This page is provided under 35 U.S.C. § 287(a). Other patents may be pending. The absence of a patent from this list does not waive any rights of ATA IT Services, LLC.

Licensing

End users receive a perpetual, royalty-free license solely for personal, non-commercial use as authorized by the Terms of Service. No other license is granted.

For licensing inquiries, contact andrew.armour@activatefitnessapp.com with subject "Patent Licensing Inquiry."