Terms of Service

PLEASE READ THESE TERMS CAREFULLY. They contain important provisions about your legal rights, including an assumption of risk and release of liability for in-person and physical activities (Section 7), a limitation of liability (Section 14), an indemnification obligation (Section 15), and disclaimers of warranties (Section 13). By creating an account or using AKTVO, you agree to these Terms.

1. Agreement to Terms

These Terms of Service ("Terms") are a binding legal agreement between you ("you," "user") and AKTVO ("AKTVO," "we," "us," "our"), governing your access to and use of the AKTVO mobile application, websites, and related services (collectively, the "Service").

By creating an account, tapping "Create Account," signing in with Google or Apple, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

These Terms apply to all users on all platforms, including iOS, Android, and the web.

2. Eligibility and Age Requirements

You must be at least 16 years of age (or the minimum age of digital consent in your jurisdiction, whichever is higher) to create an account or use the Service. By using the Service, you represent and warrant that:

• you are at least 16 years old;
• you have the legal capacity to enter into these Terms; and
• you are not barred from using the Service under the laws of your jurisdiction.

The Service is not directed to children under 16, and we do not knowingly collect personal information from them. If we learn that we have collected personal information from a child under the applicable minimum age, we will delete that information and terminate the account. If you believe a minor has provided us personal information, contact us at the address in Section 20.

3. Description of the Service

AKTVO is a social platform that lets users organize, broadcast, discover, and participate in real-world activities. Features include, without limitation:

• AKTVOs (activity beacons): hosting and joining live, location-based activities;
• Live activity tracking and convoys: real-time GPS broadcasting, group ("convoy") sessions, and shared maps;
• Spectator mode: sharing a live view of an activity with others via a link;
• Voice broadcasting ("walkie-talkie"): real-time audio during activities;
• Events and instructor-led classes: scheduled gatherings with RSVP, capacity, ticketing, and check-in;
• Meeting points: discovering and checking in at venues;
• Chat and messaging: direct, group, class, and event chats;
• Route building and turn-by-turn navigation, including GPX import/export;
• Social feed: posting activity summaries, photos, videos, comments, likes, and follows.

We may add, change, suspend, or remove features at any time. The Service is a technology platform that facilitates connections and activities between users; AKTVO does not organize, lead, supervise, or control any activity, event, class, convoy, or meetup, and is not a party to any interaction between users.

4. Accounts and Security

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to:

• provide accurate, current, and complete information;
• keep your credentials confidential and not share your account;
• promptly notify us of any unauthorized use or security breach.

We are not liable for any loss arising from unauthorized use of your account. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to other users or to the Service.

5. Subscriptions, Payments, and Refunds

The Service offers free and paid subscription tiers (currently Freemium, Standard, Enhanced, and Elite), with features and limits that may change over time.

• Billing. Paid subscriptions are sold and billed through the Apple App Store, Google Play, or our payment processor, subject to their terms. We do not collect or store your full payment-card details.
• Auto-renewal. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. Manage or cancel subscriptions through your App Store / Google Play account settings.
• Free trials. Any free trial converts to a paid subscription at the end of the trial period unless cancelled beforehand.
• Refunds. Except where required by law, payments are non-refundable, and partial periods are not refunded. Refund requests for App Store / Google Play purchases must be made through the respective store.
• Price changes. We may change subscription prices prospectively; changes apply to the next billing cycle after notice.

6. Identity Verification

Certain features may require identity verification, which is performed by our third-party provider (Stripe Identity). You authorize us and our provider to collect and process the information needed to verify your identity. Verification documents and biometric matching are handled by the provider under its terms and privacy policy; AKTVO receives only the verification result.

7. Assumption of Risk; Release of Liability for Activities

THIS SECTION IS IMPORTANT. PLEASE READ IT CAREFULLY.

The Service enables you to organize and participate in real-world, in-person, and physical activities — including but not limited to running, cycling, hiking, driving, convoys, sports, fitness activities, events, classes, and meetups (collectively, "Activities"). Participation in Activities is entirely voluntary and at your own risk.

You understand and agree that:

• Activities carry inherent risks, including risk of serious bodily injury, illness, disability, death, property damage, and loss, arising from physical exertion, terrain, weather, traffic, vehicles, equipment, the conduct of other participants or third parties, and other people you meet through the Service.
• AKTVO does not organize, sponsor, lead, supervise, vet, or control any Activity, host, participant, instructor, or venue. AKTVO does not conduct background checks on users and does not verify the identity, fitness, qualifications, conduct, or intentions of any user except as expressly stated.
• You are solely responsible for evaluating, and assume all risks associated with, any Activity you organize or join and any person you meet, communicate with, or share your location with through the Service. You should exercise caution and good judgment, meet in public where appropriate, and comply with all applicable laws (including traffic laws when driving).
• To the fullest extent permitted by law, you knowingly and voluntarily release, waive, discharge, and covenant not to sue AKTVO and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, costs, and expenses of any kind arising out of or related to your participation in any Activity or your interactions with other users, whether arising from negligence or otherwise.
• Driving and navigation. Route and turn-by-turn navigation features are provided for convenience only and may be inaccurate or incomplete. Do not rely solely on the Service for navigation. Obey all traffic laws and prioritize safety over any instruction provided by the Service. Do not interact with the app while operating a vehicle.
• Location sharing. Live location, convoy, and spectator features broadcast your real-time location to other users and, where you enable it, to people who receive a spectator link. You are responsible for deciding when and with whom to share your location.

8. User Conduct

You agree not to, and not to permit others to:

• use the Service for any unlawful, harmful, fraudulent, or abusive purpose;
• harass, threaten, stalk, defame, or harm any person, or solicit personal information from minors;
• impersonate any person or misrepresent your affiliation;
• upload or share content that is illegal, infringing, defamatory, obscene, hateful, or that violates others' rights;
• use the Service to track, surveil, or locate any person without their consent;
• interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service or its systems;
• scrape, reverse engineer, or build a competing product from the Service; or
• circumvent any feature limit, subscription tier, or security control.

We may investigate and take action — including content removal, account suspension, or termination, and referral to law enforcement — for any violation.

9. User Content and License

"User Content" means anything you submit, post, upload, or display through the Service, including activity posts, photos, videos, captions, comments, chat messages, profile information, routes, and activity/location data.

• Ownership. You retain ownership of your User Content.
• License to AKTVO. You grant AKTVO a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify (e.g., resize/format), publicly display and perform, and distribute your User Content solely for the purpose of operating, providing, improving, and promoting the Service and as permitted by your privacy settings.
• Responsibility. You represent and warrant that you own or have all necessary rights to your User Content and that it does not violate these Terms or any third-party rights. You are solely responsible for your User Content.
• No obligation. We are not obligated to store or back up User Content and may remove it at our discretion.

10. Content Moderation, Reporting, and Takedowns

We may, but are not obligated to, monitor, review, or moderate User Content. We reserve the right to remove or disable access to any User Content that violates these Terms or that we deem objectionable.

• Reporting. You may report content or users that violate these Terms through the in-app reporting and block/mute tools or by contacting us. We review reports and may remove content, ban users from chats, events, or activities, or terminate accounts.
• Copyright (DMCA). If you believe content on the Service infringes your copyright, send a notice with the information required under the U.S. Digital Millennium Copyright Act (DMCA) to the contact in Section 20. We respond to valid notices and may remove infringing content and terminate repeat infringers.

11. Intellectual Property

The Service, including its software, design, text, graphics, logos, and the "AKTVO" name and marks, is owned by AKTVO or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use. We reserve all rights not expressly granted.

12. Third-Party Services and Content

The Service integrates third-party services (including Google/Firebase, Mapbox, Agora, Stripe, and Apple/Google sign-in and payments) and may display third-party content, maps, and data. Your use of third-party services may be subject to their own terms and privacy policies. AKTVO is not responsible for third-party services or content, and your dealings with them are solely between you and the third party.

13. Disclaimers of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by law, AKTVO disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the foregoing, AKTVO does not warrant that: (a) the Service will be uninterrupted, secure, accurate, or error-free; (b) location, mapping, navigation, or other data will be accurate or reliable; (c) any user, host, instructor, Activity, or venue is safe, suitable, lawful, or as described; or (d) defects will be corrected. You assume all risk arising from your use of the Service and from Activities and interactions with other users.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• AKTVO and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to these Terms or the Service, whether based in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.
• AKTVO will not be liable for any injury, death, property damage, or loss arising out of or related to any Activity, meetup, or interaction with other users or third parties facilitated by the Service.
• AKTVO's total aggregate liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of (i) the amount you paid AKTVO in the twelve (12) months before the event giving rise to the claim, or (ii) USD $100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless AKTVO and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your participation in, organization of, or conduct during any Activity, event, or interaction with other users; (d) your violation of these Terms or any law; or (e) your violation of any third-party right.

16. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Service ends. Sections that by their nature should survive termination (including Sections 7, 9, 13, 14, 15, 17, and 18) will survive.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of South Carolina, USA, without regard to conflict-of-laws rules. Subject to applicable law, you agree that any dispute will be resolved exclusively in the state or federal courts located in Greenville County, South Carolina, and you consent to their personal jurisdiction and venue.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, in-app or by updating the "Last Updated" date). Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

19. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and AKTVO regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce any right or provision is not a waiver.
• Assignment. You may not assign these Terms; we may assign them freely.

20. Contact

Questions, reports, or legal notices (including DMCA notices) may be sent to:

AKTVO
Email: info@letsgoaktvo.com
Web: https://www.letsgoaktvo.com