Terms of Service
Active Anchor ("the Company") Terms of Service Last Updated: August 4, 2026 Welcome. We're glad you're here to build sustainable movement habits. Before you start, read these Terms of Service (the "Terms"). They govern your use of our website at Active Anchor ("Site"), our fitness and wellness coaching platform ("Platform"), and our services accessible via our Site and Platform. Together, these are called the "Services." By using our Services, you agree to these Terms. If you don't agree, don't use the Services. Check our Privacy Policy for how we collect and use your information.
1. Arbitration, Class Actions, Damages and Refunds.
IMPORTANT NOTICE REGARDING ARBITRATION: BY AGREEING TO THESE TERMS YOU CONSENT (WITH LIMITED EXCEPTIONS) TO RESOLVE DISPUTES BETWEEN YOU AND US THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW SECTIONS 13 ("GOVERNING LAW AND FORUM CHOICE") AND 14 ("DISPUTE RESOLUTION") BELOW FOR ARBITRATION DETAILS INCLUDING HOW TO OPT OUT. THESE TERMS ALSO INCLUDE A WAIVER OF CLASS ACTION RIGHTS AND LIMIT DAMAGES YOU CAN RECOVER FROM US. BY USING THE SERVICES, YOU AGREE TO THESE PROVISIONS. IF YOU DISAGREE, DO NOT ACCESS OR USE THE SERVICES. EXCEPT AS PROVIDED IN SECTION 5, ALL PURCHASES ARE NON-REFUNDABLE. 2. Changes to Terms or Services. We may update these Terms at any time. Updated Terms will be communicated per Section 15(d). You must accept updates to keep using the Services. If you disagree with updates, except as noted in Section 14(h) regarding arbitration changes, you can't use the Services. Our Services evolve, so we may modify, suspend, or discontinue any Services anytime without notice. We may deploy patches, updates, or upgrades without asking.
3. Who May Use the Services and How?
(a) Eligibility. You can use the Services only if you're 13 or older, capable of entering a binding contract with Company, and not prohibited by law from using the Services. (b) Account Access. You may access our Platform through affiliated service providers which include apps and third-party platforms ("Access Platforms"). To access or purchase our Platform through an Access Platform, you must create an account with that platform (a "User Account") and acknowledge that the Access Platform's terms may apply to your account, access, and use of our Services through them. If the Access Platform's terms conflict with these Terms, these Terms control. (c) Your Account. When you access our Services through an Access Platform, we receive certain information from your User Account as described in our Privacy Policy. We use this to create an account for your use of our Services, which you can add to with additional information (an "Account"). (d) Accuracy of Account Information. Keep your Account information accurate, current, and complete, including updates through your User Account. If you don't, we may suspend or terminate your Account.
4. Company Content.
(a) Company Content. For these Terms, "Content" means text, graphics, images, music, software, audio, video, works of authorship, and other materials posted or provided through the Services. Company and its licensors own all rights, titles, and interests in the Services and Content, including all intellectual property rights. (b) Platform Features. We offer certain upgrades, add-ons, features, options, and in-platform tools within and via the Services ("Platform Features"). These may include workout progressions, posture tracking tools, video tutorials, challenge access, community features, or other items that enhance your experience. We may offer Platform Features as part of regular updates or seasonal challenges with additional terms. You may purchase access to certain Platform Features or receive them with a purchase, as detailed in Section 5. You may also obtain Platform Features through gameplay or events. All Platform Features are Company Content and remain Company's property. Platform Features have no monetary value and aren't refundable or redeemable for real money or anything of monetary value. You can't transfer, sell, or trade Platform Features. Your access to Platform Features is subject to these Terms' license terms and restrictions. We may revoke your license to Platform Features anytime without liability. Additional restrictions may apply via the Platform or communicated separately. To the extent allowed by law, we may modify, replace, suspend, cancel, or eliminate any Platform Features, including your ability to access them, without notice or liability. (c) Access Keys. We may offer unique keys for purchasing or accessing our Platform through an Access Platform (a "License Key"). License Keys are personal and non-transferable or non-sellable. If we reasonably believe you've committed fraud or violated these Terms, we may disable a License Key or revoke your access rights. License Keys aren't redeemable for money or monetary value. (d) Rights in Content Granted by Company. Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license with no sublicense rights to: (i) access and view the Content (including any Platform Features you've purchased or obtained per these Terms); (ii) if you have a valid License Key or purchased access through an Access Platform, download and install the Platform on a device you own or control, solely for permitted use of the Services. Except as expressly permitted here, you may not: (w) copy, modify, or create derivative works from the Services; (x) distribute, transfer, sublicense, lease, lend, or rent our Services to third parties; (y) reverse engineer, decompile, or disassemble the Services; or (z) make the Services' functionality available to multiple users. Company reserves all rights in the Services not expressly granted here. (e) Content Sharing. We welcome you to share your experiences with our Platform provided you: (i) limit sharing to non-commercial purposes; (ii) don't charge for viewing or access to shared content; (iii) maintain your content within family-friendly guidelines; (iv) don't host competitions without our written consent, which may have additional requirements; and (v) clearly disclose any sponsorship by including "Sponsored By [Sponsor Name]" persistently in your content. 5. Payments. When you purchase access to our Platform through an Access Platform, a License Key, or Platform Features (each, a "Transaction"), you authorize the Access Platforms (or their payment processors) to charge you. They may request additional information relevant to your Transaction, including credit card details, expiration date, and billing/notification email and address ("Payment Information"). You acknowledge that the Access Platforms' terms may also apply. When you initiate a Transaction, you authorize the Access Platforms to provide your Payment Information to third parties to complete it and charge your payment method for the Transaction selected (plus taxes and charges). You may need to provide additional information to verify your identity (included in "Payment Information"). SUBJECT TO THE RELEVANT ACCESS PLATFORM'S REFUND POLICY, YOUR PURCHASE IS FINAL AND NON-CANCELLABLE WITH NO REFUNDS AT ANY TIME. However, if something goes wrong during a Transaction, the Access Platforms may cancel it for any reason and refund any payment already submitted. 6. Beta Testing. We occasionally offer beta versions of our Services ("Beta"). Betas aren't guaranteed to function properly and may cause malfunctions or device/system issues. When using a Beta, you agree to: (a) Company may automatically delete or modify software, data, Content, or other materials related to the Beta, including those on your device, anytime; (b) Company may discontinue or terminate Beta access anytime, rendering it non-functional; (c) if Company terminates Beta access, you'll delete any local Beta instance and all related Content, data, materials, and information; (d) you have no rights to compensation for Beta participation; and (e) Beta participation doesn't entitle you to the full commercial version, and you may need to purchase separately. 7. General Prohibitions and Company's Enforcement Rights. You agree not to: (a) use the Services for commercial purposes without Company's prior consent or unless specifically permitted here; (b) engage in objectionable conduct (such as cheating), violence, or discrimination, or disrupt other users' enjoyment, including through harassment; (c) remove or bypass any misuse prevention measures; (d) forge any TCP/IP packet header or email/posting information, or use the Services to send altered, deceptive, or false source-identifying information; (e) collect or store personally identifiable information from other users without their express permission; (f) violate any applicable law or regulation; or (g) encourage or enable others to do the foregoing. While we're not obligated to monitor access, use, or Content, we may do so to operate the Services, ensure compliance, and meet legal requirements. 8. Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these as a convenience and aren't responsible for their content, products, services, or displayed links. You assume sole responsibility for and all risk from third-party website use. 9. Termination. We may terminate your access to the Services at our sole discretion, anytime and without notice. Upon termination or Account cancellation, Sections 4(a), 4(b), and 10–15 survive.
10. Warranty Disclaimers.
(a) Disclaimers for Our Services and Content. THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WE EXPLICITLY DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We don't warrant that the Services will meet your requirements or be available uninterrupted, secure, or error-free. We make no warranties about Content's quality, accuracy, timeliness, truthfulness, completeness, or reliability. (b) Disclaimers for Third-Party Devices. Our Platform may require third-party devices like wearables or sensors (e.g., fitness trackers or posture monitors) ("Third-Party Devices"). You acknowledge that Company isn't responsible for Third-Party Devices, including damages or malfunctions from their use with our Services. You're solely responsible for reading Third-Party Device warnings and instructions, and ensuring your use complies with them. 11. Indemnity. You will indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, contractors, and representatives from any claims, disputes, demands, liabilities, damages, losses, and costs (including reasonable legal and accounting fees) arising from or connected with (i) your access to or use of the Services or Content, or (ii) your violation of these Terms.
12. Limitation of Liability.
(a) NEITHER COMPANY NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, REVENUES, SAVINGS, BUSINESS OPPORTUNITY, DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR SUBSTITUTE SERVICE COSTS OF ANY KIND ARISING FROM THESE TERMS OR USE OF THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY LEGAL THEORY, EVEN IF COMPANY WAS INFORMED OF SUCH DAMAGE POSSIBILITY. IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, THE LIMITATION STILL APPLIES. SOME JURISDICTIONS DON'T ALLOW EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS MAY NOT APPLY TO YOU. (b) USE OF MOVEMENT COACHING, VIDEO TUTORIALS, AND ANY THIRD-PARTY DEVICES MAY AFFECT HEART RATE, BREATHING, CAUSE SIDE EFFECTS LIKE DIZZINESS OR DISORIENTATION, OR AGGRAVATE PRE-EXISTING CONDITIONS. YOU EXPRESSLY WAIVE COMPANY'S LIABILITY FOR RISKS INHERENT IN USING OUR PLATFORM, AND COMPANY IS NOT LIABLE FOR ANY CAUSE OF ACTION OR LIABILITY THEORY ARISING FROM SUCH RISKS. (c) COMPANY'S TOTAL LIABILITY ARISING FROM THESE TERMS OR USE OF THE SERVICES SHALL NOT EXCEED AMOUNTS YOU'VE PAID COMPANY FOR THE SERVICES OR ONE HUNDRED DOLLARS, IF YOU'VE HAD NO PAYMENT OBLIGATIONS TO COMPANY, AS APPLICABLE. (d) THESE EXCLUSIONS AND LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN COMPANY AND YOU. 13. Governing Law and Forum Choice. These Terms and related actions will be governed by the Federal Arbitration Act, federal arbitration law, and Washington State law, without regard to conflict of laws provisions. Except as expressly set forth in Section 14 "Dispute Resolution," the exclusive jurisdiction for all Disputes (defined below) not required to be arbitrated will be state and federal courts in Seattle, and you and Company each waive jurisdiction and venue objections in such courts.
14. Dispute Resolution.
(a) Mandatory Arbitration of Disputes. You and Company agree that any dispute, claim, or controversy arising from or relating to these Terms, their breach, termination, enforcement, interpretation, or validity, or Services or Content use (collectively, "Disputes") will be resolved solely through binding, individual arbitration, not class, representative, or consolidated action or proceeding. You and Company agree the U.S. Federal Arbitration Act governs interpretation and enforcement, and you each waive the right to jury trial or class action participation. This arbitration provision survives Term termination. (b) Location of Arbitration. If you're a U.S. resident, any arbitration will occur in your state of residence, to the exclusion of all other venues. (c) Exceptions. Limited exceptions to Section 14(a) allow court resolution for: (i) any Dispute resolvable in small claims court (if qualifying); and (ii) any Dispute involving our intellectual property infringement or misappropriation. (d) Opt-out: You can opt out of arbitration entirely and litigate any Dispute if you provide written notice to info@activeanchor.online within 30 days of first agreeing to these Terms. (e) Conducting Arbitration and Arbitration Rules. The American Arbitration Association ("AAA") will conduct arbitration under its Consumer Arbitration Rules ("AAA Rules") then in effect, except as modified here. AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party initiating arbitration must submit a written Demand for Arbitration to AAA and notify the other party per AAA Rules. AAA provides a form Demand for Arbitration at www.adr.org. For claims under $10,000, you may choose whether arbitration occurs via documents, telephonic/video conference, or in-person per AAA Rules. For claims exceeding that amount, AAA Rules determine hearing rights. Arbitration hearings will occur in your county (or parish) unless both parties agree otherwise. The arbitrator has exclusive authority to decide all issues relating to interpretation, applicability, enforceability, and scope of this arbitration agreement. (f) Arbitration Costs. AAA Rules govern filing, administration, and arbitrator fee payments. We'll pay all such fees if your Dispute is under $10,000, unless the arbitrator finds it frivolous. If we prevail, we'll cover our attorney fees and costs without seeking recovery from you. If you prevail, you're entitled to attorney fees and expenses per applicable law. (g) Class Action Waiver. YOU AND COMPANY AGREE TO BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If your dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with yours or preside over any form of representative or class proceeding. If this provision is found unenforceable, the entire Dispute Resolution section becomes null and void. (h) Effect of Changes on Arbitration. Notwithstanding Section 1 "Changes to Terms or Services" above, if Company changes any Section 14 "Dispute Resolution" terms after you first accepted these Terms, you may reject changes by sending written notice (including email to info@activeanchor.online) within 30 days of the change's effective date, as shown in the "Last Updated" date or Company's notification email. By rejecting changes, you agree to arbitrate Disputes per Section 14 "Dispute Resolution" as it existed when you first accepted these Terms. (i) Severability. Except for Section 14(g) ("Class Action Waiver"), if an arbitrator or court decides any part of these Terms is invalid or unenforceable, remaining parts stay in effect.
15. General Terms.
(a) Entire Agreement. These Terms and referenced documents constitute the entire agreement between Company and you regarding the Services and Content. These Terms supersede and replace all prior oral or written understandings or agreements between Company and you regarding the Services and Content. (b) Severability. To the maximum extent applicable law permits, these Terms' provisions will be interpreted accordingly. If any provision is held unenforceable, remaining provisions stay in effect. (c) No assignment. You may not assign or transfer these Terms to another person. (d) Notices. Company will provide notices and communications under these Terms, including Term modifications, (at our discretion): (i) via email; (ii) within the Platform itself; or (iii) by posting on our Site. (e) No Waiver. Either party's actions or inactions don't create other rights except as explicitly written here. Company's failure to enforce any right or provision won't be considered a waiver. Any waiver must be in writing and signed by a duly authorized Company representative. Except as expressly stated here, either party's exercise of any remedy is without prejudice to other remedies here or otherwise. 16. Contact Information. If you have questions about these Terms or the Services, please contact Company at info@activeanchor.online.