Terms of Service

1. Acceptance of Terms

By accessing or using ActivAI8 (“Company,” “we,” “our,” or “us”) and its website, applications, and services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”).

If you do not agree, you must not access or use the Service.

You represent that:

• You are at least 18 years old, or the age of majority in your jurisdiction
• You have the legal capacity to enter into these Terms
• You will not use the Service for any unlawful or unauthorized purpose

2. Binding Arbitration & Class Action Waiver

2.1 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration, not in court.

• Arbitration will be conducted under the rules of the American Arbitration Association
• Arbitration will occur in Texas, unless otherwise required by law
• The arbitrator’s decision will be final and binding

2.2 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in:

• Class actions
• Class arbitrations
• Representative lawsuits

3. Description of Service

ActivAI8 provides a SaaS platform that may include:

• AI-powered fitness and nutrition recommendations
• Coach-client management tools
• Communication features
• Analytics and progress tracking
• Payment facilitation
• Marketplace functionality

NO GUARANTEE: The Service is provided “as is” and “as available” without guarantees of accuracy, results, or availability.

We may modify, suspend, or discontinue any part of the Service at any time.

4. Medical & Health Disclaimer

ActivAI8 is not a medical provider.

• The Service does not provide medical advice, diagnosis, or treatment
• AI-generated or coach-provided recommendations are informational only
• Always consult a licensed healthcare provider before beginning any fitness or nutrition program

ASSUMPTION OF RISK: You acknowledge that physical activity involves inherent risks, including injury or death, and you voluntarily assume all such risks.

5. User Accounts

5.1 Registration

You must provide accurate and complete information. You are responsible for maintaining the security of your account and for all activities that occur under your account. You must notify us immediately of any unauthorized use or breach of security.

5.2 Account Responsibility

You are responsible for:

• All activity under your account
• Maintaining credential security

We are not liable for unauthorized access caused by your failure to secure your account.

5.3 Coach-Specific Obligations

If you are a coach, you represent and warrant that:

• You have all required certifications, licenses, and insurance
• Your services comply with applicable laws and regulations
• You are solely responsible for your coaching advice and client outcomes

INDEPENDENT CONTRACTOR STATUS: Coaches are independent users, not employees or agents of ActivAI8.

6. User Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe intellectual property or privacy rights
• Upload or transmit viruses or malicious code
• Attempt unauthorized access
• Use the Service for any illegal or unauthorized purpose
• Harass, abuse, or harm another person
• Impersonate any person or entity
• Collect or store personal data about other users without permission

We reserve the right to investigate and take legal action.

7. Payment Terms

7.1 Fees

All fees are:

• Non-refundable except where required by law
• Subject to change with notice

7.2 Third-Party Payment Processors

Payments are handled by third parties (e.g. Stripe).

We are not liable for:

• Payment failures
• Processing errors
• Third-party actions

7.3 Subscriptions

Subscriptions automatically renew unless canceled.

You are responsible for canceling before the renewal date.

8. Intellectual Property

8.1 Company IP

All platform content, software, and branding are owned by ActivAI8.

You may not:

• Copy, distribute, or reverse engineer
• Use our IP without permission

8.2 User Content License

You retain ownership of your content but grant us a:

• Worldwide
• Non-exclusive
• Royalty-free
• Sub-licensable license

to use, host, process, modify, and display content to operate and improve the Service.

8.3 AI & Data Rights

You agree that we may:

• Use anonymized and aggregated data
• Train and improve AI/ML models

This right survives termination.

9. Third-Party Services

The Service may integrate third-party tools.

We are not responsible for:

• Third-party services
• Their accuracy or availability
• Their privacy or security practices

Use them at your own risk.

10. Termination

We may suspend or terminate your access at any time, for any reason, without liability.

Upon termination:

• Your access ends immediately
• Certain provisions survive (IP, liability, arbitration, etc.)

11. Disclaimer of Warranties

To the fullest extent permitted by law, the Service is provided:

• “AS IS”
• “AS AVAILABLE”

We disclaim all warranties, including:

• Fitness for a particular purpose
• Accuracy or reliability
• Accuracy or reliability
• Non-infringement

12. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages
• We are not liable for injury, loss, or damages from use of the Service
• We are not responsible for coach or user actions

Our total liability shall not exceed the greater of:

• $100 USD, OR
• Amount paid in the past 12 months

13. Indemnification

You agree to defend, indemnify, and hold harmless ActivAI8 from any claims arising from:

• Your use of the Service
• Your content
• Your violation of these Terms
• Your coaching services (if applicable)