Terms of Service

Effective October 27, 2026 · Previous version: July 15, 2026

PLEASE READ SECTION 20. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, WAIVES CLASS ACTIONS AND JURY TRIALS, AND EXPLAINS HOW TO OPT OUT WITHIN 30 DAYS.

1. Agreement

These Terms are a contract between you and ATA IT Services, LLC, an Indiana limited liability company doing business as Activate Fitness ("Activate Fitness," "we," "us"). They cover the Activate Fitness app, its widgets, and activatefitnessapp.com (the "Service"). By creating an account, pairing a device, or using the Service, you agree to these Terms and acknowledge our Privacy Policy and Consumer Health Data Privacy Policy. If you do not agree, do not use the Service.

2. Who may use the Service

• Account holders must be 18 or older and able to form a binding contract. Only an account holder may create profiles, pair devices, or change settings.
• Children may use the Service only through a profile created by their parent or legal guardian, on a device that parent has paired, and under that parent's supervision. When a child turns 18, the parent should remove the child profile; the former child may also ask us to delete their information.
• You accept for your child. When you create a child profile or pair a child's device, you confirm you are the child's parent or legal guardian, you accept these Terms on the child's behalf, and you are responsible for the child's use of the Service.
• Active Mode (using the Service for yourself) is for adults only. Each account may have one self profile.
• You may not use the Service if you are barred from doing so under U.S. law.
• You may pair only devices you own or have legal authority over, and only for your own child (or a child in your legal care) or yourself in Active Mode.
• Other parents and guardians. If you share parenting time or legal custody, you are responsible for any agreement, court order or consent of the other parent or guardian that applies to managing your child's device. We cannot resolve custody or family disputes and may suspend a profile we are told is subject to one.

3. Your account

Keep your login details and Admin PIN confidential. You are responsible for everything done through your account and paired devices. Tell us promptly at andrew.armour@activatefitnessapp.com if you believe your account has been used without permission. Information you give us must be accurate.

4. The Service

The Service converts physical activity recorded by Apple Health into screen time and uses Apple's Screen Time tools to limit access to apps you choose. Features include step goals, timed and open-ended play sessions, schedules, parent pauses, Bonus Time, an optional Apple Watch Exercise Ring bonus, streaks, daily history, the Impact Report, optional monthly goal suggestions, and Home Screen widgets that can start or pause screen time without opening the app.

• Screen time has no value outside the Service. Minutes, balances, streaks and rewards are a feature of the app, not property or currency. They cannot be bought, sold, transferred or redeemed, and they reset daily or may be adjusted to correct errors.
• We may change the Service. We may add, change or remove features, or end the Service, at any time. For changes that materially reduce what the Service does, we will try to give notice in advance.
• The Service is currently free. See Section 14.

5. License

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the app on Apple devices you own or control, for your own and your family's non-commercial use, under these Terms and Apple's Usage Rules. We keep all rights not expressly granted.

6. Parents' responsibilities

The Service is a tool that supports a parent's decisions; it does not supervise children, and it does not replace a parent's judgment. You are responsible for:

• Choosing goals, rewards, schedules and restricted apps suitable for your child.
• Setting up the child's device as the in-app checklist directs, including a Screen Time passcode your child does not know, and removing or adjusting other parental-control apps and Screen Time limits that may conflict, and keeping Apple Health access and Fitness Tracking turned on. Without them, steps aren't counted and no screen time can be earned.
• Keeping your child's age and profile accurate.
• Monitoring your child's device use and safety. Widgets and notifications can show balances and messages on the Lock Screen to anyone holding the device.
• Telling your child that their device is managed by Activate Fitness, and following any law that requires an older child's agreement.

Restrictions depend on Apple's software and the device's settings. A determined user, a device reset, an iOS update, another app, a missing or misconfigured setting, or a service outage can cause restrictions not to apply, to apply late, or to stay on. We do not promise that restrictions cannot be bypassed or will always work.

7. Adult Active Mode

Active Mode is a voluntary commitment tool for adults. You can remove its restrictions at any time in iOS Settings, and you, not we, are responsible for that choice. Switching between Admin Mode and Active Mode pauses a running session; it does not forfeit earned time.

8. Health, safety and assumption of risk

The Service is not a medical device and does not give medical advice. Step counts, exercise minutes, goals, goal suggestions, streaks, the Impact Report and any other figures are approximate and for general motivation only. They are not a diagnosis, treatment or recommendation for any condition.

• Talk to a doctor before starting or changing physical activity for yourself or your child, especially with any health condition, injury or pregnancy.
• Choose goals suited to the person's age, fitness and health. Stop and seek help if anyone feels pain, dizziness or shortness of breath.
• Be active only where it is safe. Never use the Service in a way that distracts from traffic, driving, cycling, water, or other hazards.

Physical activity carries a risk of injury. To the fullest extent the law allows, you voluntarily assume, for yourself and your child, all risks of physical activity undertaken in connection with the Service, and agree that Activate Fitness is not responsible for injuries or health effects resulting from it.

Not an emergency service. The Service does not monitor anyone in real time and cannot call for help. In an emergency, call 911.

9. Apple, wearables and other services we depend on

The Service relies on Apple Health, Screen Time, push notifications and iOS, and on wearables and their apps (such as Apple Watch, Fitbit, Garmin, Whoop and Oura) to supply data. We do not control them. Data may be late, missing or inaccurate; notifications may be delayed; and an update to iOS or a third-party service may change or break features. Widget buttons and parent pauses rely on iOS running the app in the background or delivering notifications, which iOS can delay, and a widget may show older information until iOS refreshes it. Your use of those products is governed by their own terms. We are not responsible for them.

Links to other websites and app stores are provided for convenience; we are not responsible for their content or practices. The app includes open-source software, which is licensed under its own terms, listed in the app's acknowledgements.

10. Acceptable use

You agree not to:

• Manipulate step counts or other data to earn time (for example, mechanical devices, manual Health entries or altering the device clock), or help a child do so.
• Reverse engineer, decompile, copy, modify or create derivative works of the Service, except where the law forbids this restriction.
• Interfere with, overload, probe, or bypass the security of the Service or another person's account.
• Use the Service to harass anyone, for any unlawful purpose, or in a way that violates another person's rights.
• Use the Service for commercial purposes, or resell or sublicense it.
• Use automated means to access the Service, or use it to build a competing product.
• Use the Service to monitor, track or restrict another adult, or any child who is not yours or in your legal care.

11. Your content and feedback

You keep ownership of what you or your child submit, such as profile names, photos and request messages, and you give us a limited license to store and use it only to provide the Service. You confirm you have the right to submit it. If you send us ideas or feedback, you agree we may use them freely, without payment or obligation to you.

12. Intellectual property and patents

The Service, including its software, design, text, graphics, logos and the Activate Fitness name, belongs to us or our licensors and is protected by law. Activate Fitness is protected by U.S. Patent No. 11,660,504 and may be protected by other patents; see activatefitnessapp.com/patents. Nothing in these Terms grants a license under our patents or trademarks except the right to use the Service.

If you believe content in the Service infringes your copyright, send a notice to andrew.armour@activatefitnessapp.com that meets the requirements of 17 U.S.C. § 512(c)(3).

13. Beta features and test versions

We may offer test versions (for example, through Apple TestFlight) or features labeled beta. They may contain errors, may change or be removed at any time, and are provided as-is without any commitment of support. Do not rely on them for anything important. Keep non-public test features confidential.

14. Payments

The Service is currently free. If we introduce paid features, we will give at least 30 days' notice and will not charge you without your express consent. Purchases through the App Store would be subject to Apple's terms and refund policies.

15. Notices and electronic communications

You agree that we may communicate with you electronically, by email, in-app messages, push notifications, or by posting on our website, and that these communications satisfy any legal requirement for written notice. You can manage push notifications in iOS Settings; doing so may limit features. We may also email you occasionally about new features; reply “unsubscribe” to stop those. Account, consent, security and legal notices are part of the Service and continue while you have an account.

16. Ending your use

You may stop using the Service and delete your account at any time in the app or by emailing us. We may suspend or end your access if you breach these Terms, if the law requires, to protect users or the Service, or if we discontinue the Service. Sections 4 (no value), 8, 10–12, and 17–24 continue after these Terms end.

If an account has had no activity for 18 months, we may close it and delete its data after emailing the account holder at least 30 days in advance.

17. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DATA WILL BE ACCURATE OR PRESERVED, OR THAT RESTRICTIONS WILL ALWAYS APPLY OR CANNOT BE BYPASSED. Some jurisdictions do not allow some of these exclusions, so they may not all apply to you.

18. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS: (A) ACTIVATE FITNESS AND ITS MEMBERS, MANAGERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST DATA, LOST SCREEN TIME, OR PERSONAL INJURY ARISING FROM PHYSICAL ACTIVITY, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF US $50 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE. These limits do not apply to liability that cannot be limited by law, such as for gross negligence, willful misconduct, or fraud, where the law so provides.

19. Indemnification

To the extent the law allows, you will defend, indemnify and hold harmless Activate Fitness and its members, managers, employees and contractors from claims, losses and costs (including reasonable attorneys' fees) by third parties, including your child, arising from your or your child's misuse of the Service, your breach of these Terms, or your violation of law or another person's rights. We will notify you of any such claim and may choose to control its defense.

20. Dispute resolution, arbitration and class-action waiver

20.1 Talk to us first. Before starting any claim, email andrew.armour@activatefitnessapp.com with your name, contact details, a description of the dispute and the relief you want. We will try in good faith to resolve it within 60 days, and we will do the same before bringing a claim against you. Time limits pause during this period.

20.2 Binding individual arbitration. Any dispute, claim or controversy relating to the Service or these Terms, including their scope or enforceability, will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. Hearings may be held by video, by phone, in Hancock County, Indiana, or in the county where you live. The Federal Arbitration Act governs this section.

20.3 Fees. Your share of filing fees will not exceed what you would pay to file in court. We will pay all other AAA and arbitrator fees for claims under US $10,000 unless the arbitrator finds your claim frivolous. Each side pays its own attorneys' fees unless the law or the arbitrator awards otherwise.

20.4 Exceptions. Either side may bring an individual claim in small claims court, and either side may seek court relief to stop infringement or misuse of intellectual property.

20.5 Class-action and jury waiver. Claims may be brought only individually, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may award relief only to the individual party. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. If this waiver is found unenforceable for a claim, that claim must be decided in court, not arbitration, and it is stayed until the individual arbitration ends.

20.6 Mass filings. If 25 or more similar demands are filed by or with the help of the same lawyers or coordinated group, they will be administered under the AAA's Mass Arbitration Supplementary Rules, in batches of up to 50, with fees assessed per batch; the remaining cases are paused until each batch is decided. Courts may enforce this paragraph.

20.7 Opt-out. You may opt out of this Section 20 within 30 days of first accepting these Terms by emailing andrew.armour@activatefitnessapp.com with the subject "Arbitration Opt-Out," your name and account email. Opting out does not affect the rest of these Terms.

20.8 Changes. If we change this Section 20, you may reject the change by emailing us within 30 days; the earlier version then applies to you.

20.9 Time limit. To the extent the law allows, any claim must be started within one year after it arises, or it is permanently barred.

21. Governing law and courts

Indiana law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs Section 20. For any matter not subject to arbitration, you and we agree to the exclusive jurisdiction of the state courts in Hancock County, Indiana, and the U.S. District Court for the Southern District of Indiana. Mandatory consumer protections of the place you live still apply.

22. Apple App Store terms

If you downloaded the app from Apple's App Store:

• These Terms are between you and Activate Fitness only, not Apple. Activate Fitness, not Apple, is solely responsible for the app and its content.
• Your license is limited to using the app on Apple-branded products you own or control, as permitted by the App Store Usage Rules.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the extent the law allows, Apple has no other warranty obligation for the app, and any other claims, losses or costs from a failure to conform to a warranty are our responsibility.
• We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your use of it, including product liability claims, failure to meet legal or regulatory requirements, and consumer protection, privacy or similar claims.
• If a third party claims the app infringes its intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging the claim.
• You confirm you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Questions, complaints or claims about the app go to us at the contact details in Section 25.
• You must comply with any third-party terms (such as your wireless carrier's) when using the app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

23. Export and sanctions

You may not use, export or re-export the Service in violation of U.S. export control or sanctions laws.

24. General terms

These Terms, with the policies they reference, are the entire agreement between you and us about the Service. If any part is unenforceable, the rest remains in effect, and the unenforceable part is modified to the minimum extent needed. Our failure to enforce a term is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets, or to an affiliate. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of Apple, Google or internet services. Headings are for convenience only, and "including" means "including without limitation." Nothing in these Terms creates a partnership, joint venture, agency or employment relationship. Except for Apple under Section 22, no one else has rights under these Terms. These Terms are written in English; any translation is for convenience.

25. Changes and contact

We may update these Terms. We will post the new version with a new date and, for material changes, notify account holders by email or in the app at least 30 days before they take effect, except where a change is required by law or addresses security. Continuing to use the Service after a change takes effect means you accept it.

California users: under Cal. Civ. Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

Contact: ATA IT Services, LLC (dba Activate Fitness), 1869 S Philadelphia Pass, New Palestine, IN 46163 · andrew.armour@activatefitnessapp.com · +1 (317) 604-9554.