Terms of Service.

Welcome to Activo! These Terms of Use (Terms) govern the access and use by any person (you or your) of the Activo mobile application (App) and the website at www.activoapp.io (Website) owned by Activo AI Limited (a company registered in New Zealand with company number 9361972) (Activo, we, us or our) and all services, features and content provided through the Website and App (collectively, the Service). Please read these Terms carefully as they contain information concerning your legal rights and limitations on these rights.
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Acceptance of these TermsBy downloading, accessing or using the Service you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference. If you do not wish to agree to these Terms, you must immediately cease all access to and use of the Service, uninstall the App, and refrain from accessing the Website.
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Beta PhaseThe Service is provided strictly "as-is" and "as available" during beta testing without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. You expressly acknowledge and accept that the beta Service may contain errors, bugs, defects, inaccuracies, or security vulnerabilities, and that data loss, corruption, or unauthorized access may occur. You use the beta Service entirely at your own risk and assume all risks associated with its use. Should you encounter bugs, glitches, lack of functionality or other problems with the Service, please report them to us at support@activoapp.io so we can rectify these. We reserve the right to terminate the beta phase and/or modify these Terms at any time without prior notice or liability.
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How the Service worksActivo uses artificial intelligence technology, including third-party AI services such as OpenRouter's API, to generate personalised training program recommendations based on information you provide. The training programs are generated entirely by AI algorithms and are not created, verified, reviewed, endorsed, or approved by qualified fitness professionals, personal trainers, physiotherapists, medical practitioners, or any other healthcare professionals. We make no representations or warranties regarding the accuracy, safety, suitability, or effectiveness of any AI-generated exercise programs. You acknowledge that AI- generated content may contain errors, inaccuracies, or recommendations that may not be appropriate for your individual circumstances, health condition, or fitness level. These recommendations are not medical advice, and the Services are not intended to diagnose, treat or prevent any disease or injury. Always consult a qualified healthcare provider before beginning any exercise program.
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We may make changes to the Service, its functionality or features at any time with or without notice and without liability to you.
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The App is distributed through third-party app stores such as Apple App Store or Google Play (App Stores). Your use of the App is also subject to the applicable App Store's terms and conditions. In the event of any conflict between these Terms and the App Store's terms, the App Store's terms shall prevail to the extent required by the App Store, but only with respect to your use of the App through that App Store.
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What Activo does not doActivo does not provide medical, health, fitness, nutritional, or therapeutic advice of any kind. The Service is not intended to and does not diagnose, treat, cure, prevent, or mitigate any disease, medical condition, injury, or health concern. The training programs generated by the Service must not be considered or relied upon as a substitute for professional medical advice, diagnosis, treatment, or supervision.
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Account management
To create an account, you must:• be aged 18 years or over, or if you are under 18 years of age (or the age of majority in your jurisdiction, whichever is greater), have the express written permission of your parent or legal guardian to use the Service, and your parent or legal guardian must review, agree to, and accept these Terms on your behalf and take full legal and financial responsibility for your use of the Service, including any injuries, damages, or charges incurred. By permitting a minor to use the Service, the parent or legal guardian acknowledges the risks associated with exercise programs and assumes all liability for any harm to the minor.have a valid email address, and
• have the legal capacity to form a contract with us under law.
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You are solely responsible for maintaining the confidentiality and security of your account credentials and must not share your account, login information, or subscription access with any third party. Any and all activity that occurs under your account, whether authorized by you or not, is your sole responsibility, and you will be fully liable for all charges, fees, damages, and liabilities incurred through your account. You must notify us immediately at support@activo.io of any unauthorized use of your account, any other breach of security, or any suspected compromise of your account credentials. We are not liable for any loss, damage, charges, or other harm arising from your failure to maintain the security of your account credentials or from any unauthorized use of your account, even if such unauthorized use was not your fault. You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from unauthorized use of your account.
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Acceptable use
When using the Services, you must not:• use the content provided through the Services for non-personal commercial purposes and must not reproduce, distribute, publicly display, create derivative works from, or otherwise exploit any content from the Service without our prior written consent
• alter the Service or use the Service in a way that could interfere with the performance of the Service or any other user’s use of the Service
• disable or interfere with any security-related features of the Service
• use any programs, scripts, bots, crawlers, scrapers, or other automated technology to access, scrape, extract, or copy content from the Services, or to monitor, interfere with, or disrupt the Services or its interfaces, or to create derivative databases or competing services, or to hijack, compromise, or gain unauthorized access to user accounts
• copy, store, cache, download, reproduce, redistribute, transmit, publish, broadcast, or otherwise make available any content from the Services, including training programs, in any medium, whether for commercial or non-commercial purposes, except as expressly permitted by these Terms for your personal use only
• purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes
• misuse the Services by interfering with its normal operation
• store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services or that could harm or interfere with the Services or other users of the Services
• fail to comply with all applicable laws, rules, regulations, and other restrictions related to the use of the Service
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You must not use the Services:• for any unlawful, illegal, fraudulent, harmful, offensive, discriminatory, threatening, abusive, defamatory, obscene, or otherwise objectionable purposes, or for any activity that violates the rights of others, including but not limited to organizing or inciting violence, harassment, terrorism, hate speech, property damage, or any activity that could harm minors or vulnerable individuals, or to stalk, harass, or intimidate any person
• for any phishing, trolling or similar activities
• to defraud, scam, hack, phish, swindle, deceive, or attempt to deceive other users of the Services, us, or any third parties, or to engage in any form of identity theft, impersonation, or unauthorized access to accounts or systems, or to manipulate or exploit vulnerabilities in the Services.
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Subscription and billingAll subscriptions and in-app purchases are processed through the App Stores. Payments are charged to your Apple ID or Google Play account upon confirmation of purchase. The respective platform's terms and conditions govern these transactions.
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Subscription fees are charged in the currency determined by your App Store, which may vary based on your location and App Store account settings. The amount charged will be clearly displayed before you complete your purchase. All fees are inclusive or exclusive of applicable taxes as determined by your local jurisdiction and the App Store.
Any currency conversion fees or other charges imposed by your bank, payment provider, or the App Store are your responsibility. We are not responsible for any fluctuations in exchange rates or differences in pricing across different App Store regions.
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You are responsible for managing your subscription, including cancellation, renewals and refunds, through your Apple or Google Play account settings.
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We do not have access to your billing information and cannot cancel, manage, or refund subscriptions made through the App Stores.
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No refunds or credits will be provided for partial billing periods, and you remain responsible for all charges incurred prior to the effective cancellation date.
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You may be offered a free trial period (including during the beta phase). If so, your subscription will automatically convert to a paid subscription at the end of the trial unless cancelled at least 24 hours before the trial ends (as notified by us).
We may change our pricing at any time by updating the pricing in the App Store. For existing subscribers, price changes will take effect at your next renewal date following at least 30 days notice to you via email to the address associated with your account. You will have the opportunity to cancel your subscription before the new pricing takes effect if you do not wish to accept the price change. The App Store may also provide you with notice of price changes in accordance with its policies. Continued use of the Service after the fee change takes effect constitutes acceptance of the new fees.
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Payment failures are managed exclusively by the App Store in accordance with its payment retry policies. If your App Store subscription payment fails, the App Store will attempt to process payment according to its standard procedures and will notify you directly. If payment issues cannot be resolved, the App Store may suspend or cancel your subscription in accordance with its terms. We have no control over, and assume no responsibility or liability for, the App Store's payment processing, retry mechanisms, billing practices, or payment failure notifications.
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We are not responsible for any consequences of payment failures, including suspension or loss of access to the Service or your data.
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Privacy, and data securityThe App uses the OpenRouter API to generate customised fitness recommendations. OpenRouter is a third-party provider. We do not control how it processes data. We anonymise or minimise the personal data shared to the greatest extent possible.
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All personal data collected by us will be stored, used and shared in accordance with our Privacy Policy which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your personal data as described in the Privacy Policy.
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We will store and process your non-personal data in a manner consistent with industry security standards. We have implemented appropriate technical, organisational, and administrative systems, policies, and procedures. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
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Our intellectual property rightsAll content and code in the App and Website (including AI prompts, prompt engineering, generated outputs (customised training programs), training program structures, user interface designs, graphics, logos, and trademarks) are the property of Activo. You acknowledge that our AI prompts and methodologies constitute valuable trade secrets and proprietary information of Activo AI Limited.
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• You are granted a limited, non-exclusive, non-transferable licence to use the Service and view the training programs generated for you, strictly for personal purposes only in accordance with these Terms.You must not reverse engineer or replicate the Service or prompt architecture
• By providing information, data, or content through the Service (including responses to questionnaires about your fitness goals, equipment, injuries, and preferences), you grant Activo a worldwide, non- exclusive, royalty-free, perpetual (except as required by applicable data protection laws), and irrevocable (subject to your data deletion rights under applicable privacy legislation) license to use, reproduce, modify, adapt, and process such information for the purpose of providing the Service, generating your personalized workout programs, improving our AI algorithms and prompts, and enhancing the Service. This license includes the right to use your inputs with third-party AI services (such as OpenRouter) as necessary to generate your workout programs. By using the Service, you acknowledge and consent to the transfer of your data to third-party service providers, including those located outside your country of residence, in accordance with our Privacy Policy and applicable data protection laws. You retain ownership of any personal information you provide.
• You may not copy, imitate, reproduce, display, distribute, transmit, publish, perform, decompile, reverse-engineer, disassemble, modify, create derivative works from, or otherwise use our content, software, or Service without our express prior written permission, except as expressly permitted by the functionality of the Service for your personal use. This prohibition includes, without limitation, any use of our AI prompts, algorithms, or methodologies.
• If you submit any feedback, suggestions, ideas, or recommendations to us regarding our Service may use and exploit such Feedback for any purpose without any compensation, attribution, or obligation to you.
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Suspension and account cancellationYou may cancel your subscription at any time through your App Store account settings in accordance with the App Store's cancellation procedures. Upon cancellation, you will maintain access to the Service until the end of your current billing cycle. No refunds will be provided for any unused portion of a billing cycle, except as required by applicable law or the App Store's refund policies.
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We may suspend or cancel your access to the Service and/or close your account for any of the following reasons with reasonable notice to you (except where immediate suspension is necessary to prevent harm, illegal activity, or protect the Service): or you have materially breached these Terms or our Privacy Policy and failed to remedy that breach within 5 days after we have so notified you in writing; or if we are investigating suspected misconduct or inappropriate behaviour by you, including illegal activity; or we consider, in our reasonable discretion, that your conduct or use of our Service is detrimental to the operation of the Service or the security; or we reasonably believe your account has been compromised or is being used fraudulently; or we are required to do so to comply with applicable law. Where we suspend or terminate your account under circumstances not caused by your breach, and you have a prepaid subscription, you will be entitled to a pro-rata refund for the unused portion of your subscription period.
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Upon account cancellation, whether initiated by you or us, your user data will be handled as follows:
• Personal data will be retained and processed in accordance with our Privacy Policy and applicable data protection laws; We may retain certain information as required by law, for fraud prevention, to enforce these Terms, to defend against legal claims, or for other legitimate business purposes as specified in our Privacy Policy
• Aggregated, anonymized, or de-identified data may be retained indefinitely for analytics, research, and service improvement purposes.

You may request deletion of your remaining data by contacting support@activoapp.io, subject to our legal and operational requirements.
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Disclaimers and suitabilityThe Service is not suitable for and must not be used by pregnant individuals or individuals in the postpartum period unless and until they have received express written medical clearance from their qualified healthcare provider to begin exercise. By using the Service, you represent and warrant that you do not fall within these categories or have obtained appropriate medical clearance. We expressly disclaim any and all liability for use of the Service by such individuals. You understand and agree that your use of the Service is entirely at your own risk and that you assume all risks associated with your use of the Service, including but not limited to risks of physical injury, property damage, or any other harm. We provide no assurance, warranty, guarantee, or representation (express or implied) regarding the suitability, fitness for purpose, accuracy, reliability, or safety of the Service or any AI-generated training programs. You acknowledge that AI-generated content may:
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• contain errors, inaccuracies, or recommendations that may not be suitable for your individual circumstances, health condition, or fitness level; and
• the AI service may generate different recommendations for similar inputs and may produce inconsistent results.
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You are solely responsible for evaluating the suitability of the generated training program before following it.
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You must consult with a qualified and licensed healthcare provider, physician, or fitness professional before beginning any exercise program generated by the Service, particularly if you have any pre-existing medical conditions, injuries, disabilities, cardiovascular or respiratory conditions, or any concerns about your health or physical capabilities. You expressly acknowledge, understand, and agree that following any exercise program, whether generated by AI or otherwise, involves inherent and significant risks of serious injury, disability, or death, and you voluntarily and knowingly assume all such risks. You agree that you are solely responsible for determining whether any exercise program is safe and appropriate for your individual circumstances.
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The Service and all content found on it are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we exclude all warranties, whether express or implied, as to the suitability or usability of the Service. However, nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on you by any applicable consumer protection legislation that cannot lawfully be excluded.
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While we implement reasonable security measures to protect the Service and your information, we cannot guarantee that the Service is completely secure or free from viruses, malware, or other harmful components. We do not guarantee or commit to any standards regarding the quality, performance, availability, reliability or that your use of the Service will be faultless, timely or continuous.
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IndemnityYou agree to indemnify, defend, and hold us harmless, together with our directors, officers, employees, agents, contractors, and licensors against any and all liability, claims, losses, damages, costs or other expenses of any nature whatsoever arising out of or in connection with your breach of these Terms, your misuse of the Service, your infringement of our intellectual property rights, your failure to provide accurate information, or your violation of any applicable laws.
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LiabilityTo the maximum extent permitted by law, we will not be liable for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages or other damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or for any losses, damages, liabilities, costs and expenses arising out of or relating to:
• your access, use, misuse or inability to access or use the Service;
• the interruption, suspension or termination of any part of or all the Service;
• any malicious technologies that, through your use of the Service, infect your device or systems, and any data loss or corruption; or
• any errors, inaccuracies or omissions in the training programs or other content.any injury, harm, loss or damage arising from your use of the Service or reliance on its outputs.

Nothing in these Terms excludes or limits our liability for liability that cannot lawfully be excluded or limited under applicable law.

To the maximum extent permitted by law, in no event will our total liability to you for any claims in connection with your use of the Service exceed the lesser of: (i) NZD $100; or (ii) the total amount of fees you have paid to us in the 12 month period immediately before the event giving rise to the liability. This limitation applies to all causes of action in aggregate, not per claim.
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Governing lawThese Terms are governed by the laws of New Zealand, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of New Zealand. You waive any objection to venue in New Zealand courts and any claim that such courts are an inconvenient forum. If you reside outside of New Zealand, additional consumer protections in your local jurisdiction may apply, and nothing in these Terms excludes any non-waivable rights.
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Other general terms• You may not assign these Terms or any rights or obligations under the Terms without our prior written consent. We may assign or transfer these Terms and any rights or obligations hereunder at any time without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
• These Terms, together with our Privacy Policy, constitute the entire agreement between you and us concerning the Service, and they supersede all prior agreements, terms and conditions, representations, warranties, and understandings, whether written or oral, concerning its subject matter.
• Our failure or delay to enforce any provision of these Terms will not be deemed a waiver of such provision or of our right to enforce such provision or any other provision of these Terms at any time thereafter. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of ours.
• If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, such provision will be severed from these Terms. The invalidity, illegality, or unenforceability of any provision will not affect the validity, legality, or enforceability of any other provision, and the remainder of these Terms will remain in full force and effect.
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Changes to these TermsWe may amend these Terms from time to time. We will provide notice of any amendments via the App, Website or App Store update notes. Continued use of the Service after changes are made constitutes your acceptance. Your continued access or use of the Service after the effective date of any change constitutes your acceptance. If you do not agree to the amended Terms, your sole remedy is to discontinue use of the Service and cancel your subscription through the App Store. If you have any questions about these Terms, please contact us at support@activoapp.io.

Policy last updated: 1.11.2025