Terms of Service

Effective Date: September 27, 2026
Last Updated: September 27, 2026

PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY BEFORE USING THE SERVICE. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE OPERATOR (AS DEFINED IN SECTION 1.2) GOVERNING YOUR ACCESS TO AND USE OF THE ARKWAY SERVICE. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND BY THE PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

THESE TERMS CONTAIN A DISCLAIMER OF WARRANTIES (SECTION 15), A LIMITATION OF LIABILITY (SECTION 16), AN INDEMNIFICATION OBLIGATION (SECTION 17), AND A GOVERNING LAW AND VENUE PROVISION (SECTION 18). THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE (SECTION 5). IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, SECTION 3 APPLIES TO YOU.

TABLE OF CONTENTS

1. Acceptance of Terms; Parties; Scope

1.1 Agreement. These Terms form a binding agreement between you and the Operator with respect to your access to and use of the Service. These Terms apply to all Users of the Service.

1.2 The Operator. The Service is owned and operated by an individual doing business as “Arkway Athlete Platform” (the “Operator,” “we,” “us,” or “our”). The Operator is a natural person. The Operator is not a corporation, limited liability company, partnership, or other registered legal entity, and no such entity is a party to these Terms. The Operator may be contacted at support@arkwayapp.com.

1.3 Scope; Hosted Service. These Terms govern the hosted Arkway service operated by the Operator, into which Users sign in, in connection with which the AI Coach is operated under the Operator’s own accounts with the Third-Party Processors, and through which Subscriptions are offered (the “Service”).

1.4 Self-Hosted Copies Excluded. The source code of the Service is made available for download. If you download, install, deploy, or operate your own copy of that source code (a “Self-Hosted Copy”), you are the sole operator of that copy: you obtain and hold your own third-party credentials, you bear all fees associated with its operation, and you are solely responsible to any person who uses it. These Terms do not govern any Self-Hosted Copy, the Operator provides no service in respect of any Self-Hosted Copy, and no contractual relationship arises between you and the Operator by reason of your operation of one.

1.5 Privacy Policy. The Privacy Policy, available at /privacy (the “Privacy Policy”), describes the collection, use, and disclosure of information in connection with the Service and is incorporated into and forms part of these Terms.

1.6 Early Access. The Service is in early access and under active development. Features may be incomplete, may change, or may be withdrawn, as further described in Section 13.

2. Definitions

In these Terms, the following capitalised terms have the meanings set out below. Other capitalised terms are defined where they first appear.

“Account” means a user account registered with the Service.

“AI Coach” means the automated conversational feature of the Service described in Section 6.

“ARK Tokens” or “ARK” means the metering units described in Section 11.

“Coach Points” (formerly “Coach Energy”) means the in-app counter described in Section 12.

“Fees” has the meaning given in Section 10.1.

“Free Plan” means the tier of the Service made available without payment.

“Guardian” means a parent or legal guardian of a User who is under eighteen (18) years of age.

“Paid Plan” means any tier of the Service for which a Fee is or will be charged, presently designated Basic, Enhanced, and Unlimited.

“Plans Page” means the page of the Service located at /plans, which sets out the current tiers, Fees, and allowances.

“Subscription” means a recurring monthly arrangement for a Paid Plan.

“Third-Party Processors” means Anthropic and ElevenLabs, each as identified in the Privacy Policy, and any successor or additional provider so identified.

“User,” “you,” and “your” mean the individual who registers for or accesses the Service.

“User Content” means all data, text, images, recordings, and other material that a User submits to or logs in the Service, including schedule entries, goals, check-ins, training and lift records, game statistics, voice recordings, and profile information.

3. Eligibility; Users Under Eighteen

3.1 Minimum Age. You must be at least thirteen (13) years of age to register for an Account or to use the Service. The registration process requires a date of birth and will refuse registration to any person under thirteen (13) years of age. The Service is not directed to children under thirteen (13) and is not designed to obtain verifiable parental consent in the manner required for the collection of personal information from such children.

3.2 Refused Registrations. Where registration is refused under Section 3.1, no Account is created and no information submitted in the attempted registration is retained.

3.3 Users Aged Thirteen to Seventeen. If you are between thirteen (13) and seventeen (17) years of age, inclusive, you may register for and use the Service only with the permission of your Guardian. By registering, you represent and warrant that you have obtained such permission. Registration requires the email address of your Guardian, which is retained so that the Guardian may be contacted and may exercise the rights described in Section 3.5.

3.4 No Verification of Guardian Permission. THE OPERATOR DOES NOT PRESENTLY VERIFY THE PERMISSION DESCRIBED IN SECTION 3.3. NO COMMUNICATION IS SENT TO THE GUARDIAN EMAIL ADDRESS AT REGISTRATION, AND THE OPERATOR DOES NOT CONFIRM THAT THE PERSON TO WHOM THAT ADDRESS BELONGS HAS CONSENTED TO ANYTHING. The Guardian email address functions as a point of contact and not as a consent mechanism, and nothing in these Terms shall be construed as a representation that any verification step exists.

3.5 Guardian Rights. The Guardian of a User under eighteen (18) years of age may at any time, by written request to support@arkwayapp.com: (a) request disclosure of the information held in the User’s Account; (b) request deletion of the User’s Account and all associated User Content; or (c) both.

3.6 Accuracy of Date of Birth. You must provide your true date of birth. If you circumvent the age requirement in Section 3.1 by providing a false date of birth then, without limiting any other remedy available to the Operator, no valid agreement to these Terms shall be deemed to have been formed by that registration, and the Operator may terminate the Account in accordance with Section 14.4.

4. Account Registration and Security

4.1 Registration Information. You must provide an email address to which you have access and either a password that you do not use for any other service or a Google account that you control.

4.2 Confidentiality of Credentials. Your Account credentials are personal to you. You shall not disclose them to any other person, including teammates, coaches, or other athletes, and you shall not permit any other person to access the Service through your Account.

4.3 Responsibility for Account Activity. You are responsible for all activity that occurs under your Account, including all User Content logged under it, whether or not such activity was authorised by you.

4.4 Unauthorised Access. If you believe that your Account has been accessed without authorisation, you must notify the Operator promptly at support@arkwayapp.com.

4.5 Automated Lockout. Following a number of consecutive failed authentication attempts, an Account will be temporarily locked for a period of approximately fifteen (15) minutes. This mechanism is a security control intended to prevent credential guessing and does not constitute a suspension under Section 14.4.

5. Nature of the Service; No Medical Advice

5.1 Description. The Service is a training and wellbeing organiser for athletes. It records User Content that a User elects to log and generates rule-based suggestions derived from that User Content. Each recommendation makes available, through the “Why?” control, the logic and inputs on which it is based.

5.2 Not a Medical Service. THE SERVICE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL, PHYSIOTHERAPY, NUTRITIONAL, DIETARY, PSYCHOLOGICAL, OR MENTAL-HEALTH ADVICE, DIAGNOSIS, OR TREATMENT. THE SERVICE DOES NOT DIAGNOSE INJURIES OR CONDITIONS, DOES NOT PRESCRIBE TREATMENT OR REHABILITATION, AND DOES NOT DETERMINE WHETHER IT IS SAFE FOR YOU TO TRAIN, PLAY, OR COMPETE. THE SERVICE IS NOT A SUBSTITUTE FOR THE ADVICE OF A PHYSICIAN, PHYSIOTHERAPIST, ATHLETIC TRAINER, REGISTERED DIETITIAN, LICENSED MENTAL-HEALTH PROFESSIONAL, COACH, OR GUARDIAN.

5.3 Injury, Illness, and Emergencies. If you are injured, unwell, or concerned about your physical or mental health, you should consult a qualified professional. In an emergency, contact your local emergency services immediately.

5.4 Decisions Are Yours. All decisions regarding training, competition, rest, recovery, nutrition, and the seeking of medical or other professional care are made solely by you and by the qualified adults responsible for you.

6. AI Coach; Third-Party Processors

6.1 Nature. The AI Coach is an automated software feature and is identified as such within the Service. Output of the AI Coach is generated by software and is not reviewed by a human being before it is delivered to you.

6.2 All Plans, Including the Free Plan. On every Plan, the User’s message, together with relevant context drawn from the User’s profile, schedule, and logs, is transmitted to Anthropic for the purpose of generating a response, subject to the daily allowance of ARK Tokens described in Section 11. WHERE THAT ALLOWANCE IS EXHAUSTED, OR WHERE A PLAN PROVIDES NO ALLOWANCE, NO TEXT ENTERED BY THE USER IS TRANSMITTED TO ANY THIRD-PARTY ARTIFICIAL-INTELLIGENCE PROVIDER, and responses are instead generated by rules applied to the User’s own logged User Content.

6.3 Paid Plans. A Paid Plan differs from the Free Plan in the size of the daily allowance and in the artificial-intelligence model used, both as stated on the Plans Page. The transmission described in Section 6.2 is otherwise the same on every Plan.

6.4 Voice. On the Enhanced and Unlimited Plans, a User may submit a spoken question. The audio recording is transmitted to ElevenLabs for transcription, and the generated response is transmitted to ElevenLabs for conversion to speech. The Service does not write audio to persistent storage.

6.5 Identification of Processors. The Third-Party Processors, and the categories of information each receives, are identified in the Privacy Policy. The Privacy Policy also identifies the one resource loaded from a third party on every page of the Service irrespective of plan, namely typefaces served by Google Fonts.

6.6 Scope of the AI Coach. The AI Coach is configured to respond to questions concerning the User’s athletic training. It is not a general-purpose assistant. Requests unrelated to training, including requests to write software, complete academic work, or perform other unrelated tasks, will receive a brief redirection rather than a substantive response. No ARK Tokens are deducted for such a redirection.

6.7 Safety Screening. Every message submitted to the AI Coach is first inspected by an automated safety layer.

Messages indicating a risk of self-harm receive crisis resources and are not transmitted to any model.
Messages concerning pain, injury, body weight, restrictive eating, or training through injury receive a response directing the User to a qualified person.
The safety layer is keyword-based and may fail to identify messages that warrant such a response. THE ABSENCE OF A SAFETY RESPONSE IS NOT, AND SHALL NOT BE CONSTRUED AS, AN INDICATION THAT ANY ACTIVITY IS SAFE OR ADVISABLE.

6.8 No Reliance. Output of the AI Coach is provided for informational purposes only and is subject in all respects to Sections 5, 15, and 16.

7. User Content; Ownership; Licence to the Operator

7.1 Ownership. As between you and the Operator, you retain all right, title, and interest in and to your User Content. The Operator does not claim ownership of User Content.

7.2 Optional Logging. Only a minimal profile is required for the Service to function. All other categories of User Content, including mood and soreness, are optional, and you may cease logging any category at any time.

7.3 Licence Grant. Solely to the extent necessary to provide the Service to you, you grant the Operator a limited, non-exclusive, non-transferable, royalty-free, worldwide licence to host, store, process, reproduce, display to you, and transmit your User Content, including the transmission of relevant portions of it to the Third-Party Processors as described in Section 6. This licence terminates upon deletion of your Account.

7.4 Limitations on Licence. The licence granted in Section 7.3 does not permit the Operator to:

use User Content to train, fine-tune, or evaluate any artificial-intelligence or machine-learning model;
sell, license, or otherwise commercialise User Content;
use User Content for advertising or for the targeting of advertising; or
disclose User Content to any person other than (i) the Third-Party Processors as described in Section 6, or (ii) as required by applicable law.

7.5 No Sharing Mechanism. The Service provides no means by which a User may make User Content available to any other person. Every page of the Service that displays User Content requires an authenticated session belonging to the User whose content it is. A prior version of the Service offered share links, which were URLs that granted access without authentication; that feature has been removed in its entirety, together with the pages and stored records that served it.

8. Licence to Use the Service; Intellectual Property; App Store Terms

8.1 Licence. Subject to your compliance with these Terms, the Operator grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service, on devices that you own or control, solely for your own athletic training and for personal, non-commercial purposes.

8.2 Restrictions. Except as expressly permitted by these Terms or by any licence terms accompanying the downloadable source code referred to in Section 1.4, you shall not:

copy, modify, or create derivative works of the Service;
sell, rent, lease, sublicense, distribute, or otherwise transfer the Service;
reverse-engineer, decompile, or disassemble the Service, except to the extent that such restriction is prohibited by applicable law;
use the Service to develop a competing product or service; or
remove, alter, or obscure any proprietary notice on the Service.

8.3 Reservation of Rights. The Service, including its software, design, text, graphics, and the “Arkway” name and mark, is owned by the Operator or its licensors and is protected by applicable intellectual-property law. All rights not expressly granted in these Terms are reserved. Nothing in this Section 8 affects your ownership of User Content under Section 7.

8.4 App Store Terms. Where the Service is obtained through a third-party application store (an “App Store”), the App Store’s standard end-user licence terms apply in addition to these Terms. In the event of a conflict between these Terms and any term that the App Store requires, the term required by the App Store shall prevail to the extent of the conflict. The App Store is not a party to these Terms, is not responsible for the Service or its content, and has no obligation to furnish maintenance or support services in respect of the Service. The operator of the App Store is a third-party beneficiary of this Section 8 and may enforce it against you.

9. Acceptable Use

9.1 You shall not, and shall not permit any other person to, use the Service to:

store, log, or process information concerning any person other than yourself without that person’s consent;
impersonate any athlete, coach, organisation, or other person or entity, or misrepresent your affiliation with any of them;
present any output, record, or document generated by the Service as a medical clearance, an official record, an athletic-eligibility determination, or a recruiting credential;
interfere with, disrupt, overload, or attempt to gain unauthorised access to the Service, its servers, or any network connected to it, or probe, scan, or test the vulnerability of any of them;
circumvent or attempt to circumvent any usage limit, allowance, safety layer, or access control of the Service, including by automated means; or
violate any applicable law or regulation.

9.2 The Operator may investigate any suspected violation of this Section 9 and may take any action described in Section 14.4.

10. Subscriptions; Fees; Billing; Cancellation; Refunds

10.1 Plans. The Free Plan is made available without payment. Basic, Enhanced, and Unlimited are Paid Plans offered as monthly Subscriptions at the prices stated on the Plans Page (the “Fees”).

10.2 Payment Processing Not Yet Enabled. AS OF THE EFFECTIVE DATE, PAYMENT PROCESSING IS NOT ENABLED. NO PAYMENT INSTRUMENT IS COLLECTED, NO FEE IS CHARGED, AND EVERY ACCOUNT IS ON THE FREE PLAN. Sections 10.3 through 10.8 set out the terms that will apply to Paid Plans when payment processing is enabled and are included so that Users have advance notice of them.

10.3 Automatic Renewal. A SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH MONTHLY BILLING PERIOD, AND THE THEN-CURRENT FEE WILL BE CHARGED TO YOUR PAYMENT METHOD, UNTIL YOU CANCEL.

10.4 Cancellation. You may cancel a Subscription at any time. Cancellation takes effect at the end of the billing period for which a Fee has been paid, and the Paid Plan remains active until that time. There is no cancellation fee and no minimum term.

10.5 No Partial-Period Refunds. Because a Paid Plan remains active until the end of the billing period, cancellation during a billing period does not entitle you to a refund of any portion of the Fee for that period, except as provided in Sections 10.6, 14.4, and 19.2 or as required by applicable law.

10.6 Reduction of Allowance. If the daily ARK Token allowance of your Paid Plan is reduced during a billing period for which you have paid, you may cancel and request a pro-rata refund of the Fee attributable to the unexpired portion of that billing period, and such refund will be granted. Section 19.1 does not apply to such a reduction.

10.7 Price Changes. The Operator may change the Fee for a Paid Plan on not less than thirty (30) days’ prior notice sent to the email address associated with your Account. A changed Fee applies from the first renewal following the expiry of the notice period. You may cancel before that renewal in order to avoid the changed Fee.

10.8 Statutory Rights. Nothing in this Section 10 limits any right to a refund or other remedy that you have under the consumer-protection law of your jurisdiction.

11. ARK Tokens

11.1 Metering. Use of the AI Coach and voice features on every Plan, including the Free Plan, is metered in ARK Tokens, a single unit applying to text and voice interactions alike.

11.2 Daily Allowance. Each Plan includes a daily allowance of ARK Tokens, stated on the Plans Page, which is released in equal blocks over the course of each day. A Plan may be entitled to fewer blocks than the day contains, in which case its allowance is exhausted once that number of blocks has been opened, whatever the hour. Unused ARK Tokens from a daily allowance do not carry over between blocks or between days and expire without value.

11.3 Top-Up Packs. ARK Tokens may additionally be purchased in packs (“Purchased ARK”). Purchased ARK does not expire and is not affected by the daily reset. The daily allowance is always consumed before Purchased ARK.

11.4 No Monetary Value. ARK TOKENS, WHETHER INCLUDED IN A PLAN OR PURCHASED, CONSTITUTE A LIMITED LICENCE TO CONSUME METERED FEATURES OF THE SERVICE. THEY ARE NOT CURRENCY, HAVE NO MONETARY VALUE, ARE NOT REDEEMABLE FOR CASH OR ANY OTHER CONSIDERATION, AND MAY NOT BE TRANSFERRED, SOLD, OR EXCHANGED OUTSIDE THE SERVICE.

11.5 Refunds of Purchased ARK. Purchased ARK that has been consumed is non-refundable. An unconsumed balance of Purchased ARK is refundable upon request made within fourteen (14) days of the purchase.

11.6 Adjustment of Rates. The Operator may adjust the number of ARK Tokens consumed by individual features. Any adjustment that materially reduces what the allowance of a Paid Plan can be used for, during a billing period for which you have paid, is treated as a reduction of allowance under Section 10.6.

12. Coach Points

12.1 Nature. Coach Points are an in-app counter accrued through logging activity in the Service. They are distinct from ARK Tokens, and the two are neither interchangeable nor convertible.

12.2 Use. Coach Points may be exchanged solely for avatar items within the Service. Coach Points could formerly be applied toward AI Coach sessions; they no longer can.

12.3 Not a Purchase. COACH POINTS ARE NOT A PURCHASE. THEY CANNOT BE BOUGHT, SOLD, TRANSFERRED, REDEEMED FOR CASH, OR EXCHANGED FOR ANYTHING OUTSIDE THE SERVICE; THEY HAVE NO MONETARY VALUE; AND THEY MAY BE RESET OR DISCONTINUED BY THE OPERATOR, INCLUDING UPON ANY CHANGE TO THE UNDERLYING DATA MODEL OF THE SERVICE, WITHOUT LIABILITY.

13. Availability; Modification of the Service; Data Loss

13.1 No Service Level. The Service is in early access and is operated by a single individual. THE OPERATOR MAKES NO COMMITMENT AS TO UPTIME, AVAILABILITY, RESPONSE TIME, OR SUPPORT HOURS. The Service may be slow, interrupted, or unavailable at any time.

13.2 No Backup Commitment. THE OPERATOR DOES NOT GUARANTEE THAT USER CONTENT IS BACKED UP. User Content may be lost as a result of software defect, hardware failure, operator error, or otherwise. You are responsible for retaining, by means of the data-download function of the Service, your own copy of any User Content whose loss would be material to you.

13.3 Progress Photographs. Progress photographs taken within the Service are stored solely on the User’s device, are not transmitted to the Operator, and are not included in the data download. You are solely responsible for preserving them.

13.4 Modification. The Operator may modify, suspend, or discontinue any feature of the Service at any time, subject to Sections 10.6 and 19.2 in respect of Paid Plans.

14. Term; Termination; Account Deletion

14.1 Term. These Terms commence upon your first access to the Service and continue until terminated in accordance with this Section 14.

14.2 Deletion by User. You may delete your Account at any time by means of the “Delete my account” control on the Profile page. Deletion requires re-entry of your password or, for an Account that signs in with Google, signing in with Google again. UPON DELETION, YOUR ACCOUNT AND ALL USER CONTENT LOGGED UNDER IT ARE PERMANENTLY REMOVED. DELETION CANNOT BE REVERSED, AND NO COPY IS RETAINED. You should obtain a data download before deletion if you wish to retain any User Content.

14.3 Deletion at Guardian Request. The Guardian of a User under eighteen (18) years of age may request deletion of that User’s Account by written request to support@arkwayapp.com, in accordance with Section 3.5.

14.4 Suspension or Termination by the Operator. The Operator may suspend or terminate an Account that is used in violation of these Terms. If a Paid Plan is suspended or terminated by the Operator for a reason other than your breach of these Terms, the Fee attributable to the unexpired portion of the current billing period will be refunded.

14.5 Effect of Termination. Upon termination, the licence granted in Section 8.1 terminates and you must cease all use of the Service. Sections 2, 5, 7.1, 11.4, 12.3, 15, 16, 17, 18, and 20, together with any other provision that by its nature should survive, survive termination of these Terms.

15. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING THE AI COACH AND ALL OUTPUT, RECOMMENDATIONS, AND CONTENT PROVIDED THROUGH IT, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE OPERATOR EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, THE OPERATOR DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY DEFECT WILL BE CORRECTED; THAT USER CONTENT WILL NOT BE LOST; OR THAT ANY OUTPUT OF THE AI COACH OR ANY RULE-BASED RECOMMENDATION IS ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE OPERATOR OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN SUCH JURISDICTIONS THE FOREGOING EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED.

16. Limitation of Liability

16.1 EXCLUSION OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF OPPORTUNITY (INCLUDING ANY ATHLETIC, SCHOLASTIC, OR RECRUITING OPPORTUNITY), LOSS OF USE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE OPERATOR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO THE OPERATOR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).

16.3 EXCEPTIONS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR GROSS NEGLIGENCE OR WILFUL MISCONDUCT WHERE SUCH LIABILITY MAY NOT LAWFULLY BE LIMITED.

16.4 BASIS OF THE BARGAIN. YOU ACKNOWLEDGE THAT THE OPERATOR HAS MADE THE SERVICE AVAILABLE IN RELIANCE UPON THE LIMITATIONS SET OUT IN THIS SECTION 16, WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE OPERATOR.

17. Indemnification

To the fullest extent permitted by applicable law, you shall defend, indemnify, and hold harmless the Operator from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with: (a) your breach of these Terms; (b) your violation of any applicable law or of the rights of any third party; or (c) User Content that you submit. The Operator reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you shall cooperate with the Operator in asserting any available defences.

18. Governing Law; Venue; Consumer Rights

18.1 Governing Law. These Terms, and any dispute or claim arising out of or in connection with them or with the Service, shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict-of-laws principles.

18.2 Venue. Subject to Section 18.3, you and the Operator agree that the state and federal courts located in the State of New York shall have exclusive jurisdiction over any such dispute or claim, and each party submits to the personal jurisdiction of those courts.

18.3 Consumer Rights. If you are a consumer resident in a jurisdiction whose law confers upon you rights that cannot be waived by agreement, including a right to bring proceedings in the courts of your place of residence, nothing in this Section 18 deprives you of those rights.

19. Changes to These Terms

19.1 Free Plan. The Operator may amend these Terms from time to time. Material amendments will be reflected in the “Last Updated” date at the top of these Terms. For an Account on the Free Plan, continued use of the Service after an amendment takes effect constitutes acceptance of the amended Terms.

19.2 Paid Plans. Section 19.1 does not apply to an amendment that materially reduces what a Paid Plan provides during a billing period for which you have paid, including a reduction of the ARK Token allowance, the removal of a feature, or the substitution of a materially less capable model. In that event you may cancel and receive a pro-rata refund for the unexpired portion of the billing period in accordance with Section 10.6. Continued use of the Service following such an amendment shall not, of itself, constitute acceptance of it.

20. General Provisions

20.1 Entire Agreement. These Terms, together with the Privacy Policy and any App Store terms referred to in Section 8.4, constitute the entire agreement between you and the Operator with respect to the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Service.

20.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall continue in full force and effect.

20.3 No Waiver. The failure of the Operator to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.

20.4 Assignment. You may not assign or transfer these Terms, or any right or obligation under them, without the prior written consent of the Operator, and any attempted assignment in violation of this Section 20.4 is void. The Operator may assign these Terms to any successor operator of the Service and will give you notice of any such assignment.

20.5 Notices. Notices to the Operator shall be sent to support@arkwayapp.com. Notices to you may be sent to the email address associated with your Account or posted within the Service, and are deemed received when sent or posted.

20.6 Force Majeure. The Operator shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including the failure of any Third-Party Processor, hosting provider, or telecommunications network.

20.7 Survival. The provisions identified in Section 14.5 survive any termination of these Terms.

20.8 Headings and Interpretation. Section headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” The Table of Contents forms no part of these Terms.

20.9 Electronic Communications. You consent to receive communications from the Operator electronically and agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.

20.10 No Third-Party Beneficiaries. Except as expressly provided in Section 8.4 in respect of an App Store, there are no third-party beneficiaries of these Terms.

21. Contact Information

Questions regarding these Terms, your Account, or the Service; requests for access to or deletion of data; and communications from Guardians on behalf of Users under eighteen (18) years of age may be directed to the Operator at:

Arkway Athlete Platform
Attn: Operator
support@arkwayapp.com

— END OF TERMS OF SERVICE —

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