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ALPHLETICS INC.
PRIVACY POLICY
Effective Date: August 1, 2026
This Privacy Policy ("Policy") describes how Alphletics Inc., a Delaware corporation doing business as AO Run, with a registered address at 2810 N Church St #616247, Wilmington, DE 19802 ("Alphletics," "AO Run," "we," "us," or "our"), collects, uses, shares, and protects information across our brands, websites, mobile applications, and related services (collectively, the "Services"). This Policy applies to AO Run and any other current or future brand, product, or project owned, operated, or controlled by Alphletics Inc. (each an "Affiliated Brand," and collectively the "Affiliated Brands").
By using any Service, creating an account, subscribing to email or SMS communications, or otherwise providing information to us, you agree to the collection, use, and sharing practices described in this Policy.
This is a single, shared Privacy Policy that applies across all Affiliated Brands. Alphletics Inc., doing business as AO Run, is the operating entity for all Services described in this Policy and may hold or launch other affiliated consumer brands or projects from time to time. Wherever this Policy refers to "we," "us," or "our," it means Alphletics Inc. and any of its current or future subsidiaries, affiliated brands, or related projects, unless a specific brand publishes a separate supplemental notice for a practice unique to that brand.
We may launch new Affiliated Brands after the Effective Date above. This Policy is written to apply to those future brands automatically, without requiring you to opt in again, provided the new brand's data practices are consistent with what is disclosed here. If a future brand's practices materially differ from this Policy, we will update this Policy and provide notice as described in Section 11.
Contact information: name, email address, mobile phone number, mailing address
Account credentials and profile information (username, photo, bio, fitness goals)
Order and payment information when you make a purchase (processed via our payment processor; we do not store full payment card numbers)
Membership and subscription information, if you join the AO membership program, including your billing cycle, renewal date, membership tier, and cancellation or pause history. Recurring membership billing is processed through a third-party Shopify subscription platform; we do not directly store your full payment card information
Communications you send to us, including through our customer support tool, email, or social media, and any customer support requests or survey responses
Content you post within community features, including the AO Run app (activity posts, comments, challenge participation)
Entries you submit for sweepstakes, contests, or giveaways we run, including on Instagram or other social platforms, and any information you provide after clicking through an automated Instagram direct message sent in response to your comment, as described in Section 2.6. Where required by law, we may be obligated to publicly disclose the identity of winners
Information you provide if you apply for a job with us, such as your contact information, resume, and related application materials
Information you provide if you contact us about a potential business or partnership opportunity
Device and usage data: IP address, device identifiers, browser type, operating system, pages viewed, referring URLs, and app interaction data
Location data, where you enable location services within the app
Cookies and similar tracking technologies used on our website, described in detail in Section 2.4 below
Fitness and activity data from Strava, where you connect your Strava account to the AO Run app via the Strava API. This includes activity type, distance, pace, duration, and related workout metadata, as well as location and GPS route data associated with your recorded activities
Information from our e-commerce and fulfillment platforms (e.g., Shopify) related to your orders and shipping
Information from the analytics and advertising partners described in Section 2.4 below
Our website uses the following third-party tracking technologies. Each is described below along with the type of information it collects and how it is used:
Meta Pixel (Facebook/Instagram): collects browsing behavior, page views, and purchase events on our website, and may match this activity to your Facebook or Instagram account using hashed identifiers (such as a hashed email address), in order to measure ad performance and show you relevant Meta ads.
Google Analytics: collects browsing behavior, session data, and device/browser information to help us understand site traffic and usage patterns. May also be used with Google Ads for conversion tracking and remarketing.
TikTok Pixel: collects browsing behavior and purchase events on our website, and may match this activity to your TikTok account using hashed identifiers, in order to measure ad performance and show you relevant TikTok ads.
These tools may set cookies, collect device identifiers, and receive hashed versions of information you provide to us (such as your email address) so that Meta, Google, and TikTok can match your website activity to your accounts on their platforms for advertising purposes. This sharing is described further, including your opt-out rights, in Section 7.
Collectively, the information described in this Section 2 is referred to as "Customer Metadata."
The AO Run app allows you to connect your Strava account so that your recorded runs and related activity can be reflected in the app. If you connect your Strava account:
We receive activity data from Strava via the Strava API, including activity type, distance, pace, duration, and workout metadata, as well as location and GPS route data associated with your recorded activities.
Your consistency, activity participation, and challenge or leaderboard standing within the AO Run app may be visible to other AO Run community members, as part of the app's community and leaderboard features. This is a core feature of the app: the AO Run community is built around showing up consistently, and leaderboard visibility is how that consistency is recognized.
We do not display your precise GPS route or location data to other community members through leaderboard or challenge features; leaderboard visibility is limited to activity participation and consistency metrics, not the specific routes or locations where you ran.
You control this connection through your account and app settings. You may disconnect your Strava account at any time, which will stop new activity data from being imported, though previously imported data may remain associated with your account consistent with our retention practices described in Section 9.
Your use of Strava itself remains governed by Strava's own privacy policy and terms. We are not responsible for Strava's collection, use, or handling of your information on its own platform.
When we run a sweepstakes, contest, or giveaway on Instagram, we use HiTide, a third-party Instagram direct message automation platform, to automatically send a direct message ("DM") to anyone who comments on the relevant post. This automated DM contains a link inviting you to enter the sweepstakes by providing your email address and/or mobile phone number; no information is collected from your Instagram account itself without you clicking through and separately providing it. HiTide connects to Instagram through Meta's official API and does not require or use your Instagram password.
If you click through and submit your information, the data flows as follows:
Your email address and/or mobile phone number, and your sweepstakes entry, are captured and stored in Klaviyo, our marketing platform described in Section 3.
If you provided a mobile phone number and separately opted in to SMS, that opt-in and number are synced to Postscript, our SMS platform described in Section 3, for delivery of any SMS communications you've consented to receive.
Commenting on the Instagram post alone does not opt you into email or SMS marketing. Only information you affirmatively submit after clicking through the automated DM link is captured, and SMS consent specifically requires the separate opt-in described in Section 5.
HiTide functions solely as a delivery mechanism for the DM itself and the link it contains; it is not used to scrape or collect your Instagram profile information for our marketing lists. HiTide's own handling of information is described in its privacy policy, available at gohitide.com.
We use Klaviyo, a third-party marketing platform, to capture and store your contact information, including your email address and mobile phone number, along with related activity data (such as email opens, clicks, and purchase history) used to personalize communications and measure campaign performance. We use Postscript, a third-party SMS platform, to send SMS marketing messages; Postscript receives your mobile phone number and relevant opt-in and messaging activity data from Klaviyo or directly at the point of SMS opt-in, in order to deliver text messages on our behalf.
We use Gorgias, a third-party customer support platform, to manage and respond to your customer service communications. When you contact us for support, your messages and related account or order information may be processed within Gorgias on our behalf, including through any automated or AI-assisted features Gorgias provides to help us respond to inquiries efficiently.
We use Customer Metadata, including your email address and mobile phone number, for purposes including:
Operating, maintaining, and improving the Services
Processing orders, payments, shipping, and returns
Managing your AO membership subscription, including processing recurring annual billing, applying member pricing and free shipping, granting early access to restocks, and processing pauses, switches, or cancellations you request
Providing customer support
Personalizing your experience, including community features, challenges, and recommendations
Sending transactional communications (order confirmations, shipping updates, account notices)
Sending marketing and promotional communications by email and SMS, as described in Section 4
Analytics, product development, and business planning across Alphletics Inc. and its Affiliated Brands
Developing, training, and fine-tuning algorithms, automation tools, and artificial intelligence features used to operate, personalize, and improve the Services, such as marketing personalization and customer support automation
Administering sweepstakes, contests, or giveaways you enter, including verifying eligibility and, where legally required, publicly identifying winners
Reviewing job applications, if you apply for a position with us
Fraud prevention, security, and legal compliance
A core feature of this Policy is that your Customer Metadata, including your email address, mobile phone number, and behavioral or fitness metadata, may be used, shared, and cross-promoted across Alphletics Inc. and its current and future Affiliated Brands and subsidiary projects. This means, for example, that if you sign up with AO Run, we may also use your contact information to communicate with you about other Affiliated Brand products, launches, or projects, subject to the consent and opt-out mechanisms described below.
We rely on the following safeguards to make this sharing lawful and transparent:
At the point of signup, you will be presented with clear disclosure that your information may be used across Affiliated Brands, not solely the brand through which you signed up.
For email marketing, you may unsubscribe at any time using the unsubscribe link included in every marketing email. Unsubscribing from one brand's list will, at minimum, stop that brand's marketing emails; we will also provide a global preference option to opt out of all Affiliated Brand marketing where technically available.
For SMS marketing, we will only send marketing text messages to numbers that have provided express written consent, captured through an unchecked, opt-in checkbox or equivalent affirmative action at signup, separate from any consent to email marketing.
SMS opt-in consent is not shared as a condition of purchase, and is not required to use the Services.
SMS marketing consent is collected separately from any other consent or signup on our Services (such as email signup, account creation, or checkout). Checking a box or submitting a form for one does not opt you into the other. Where you affirmatively opt in to receive SMS messages from us:
You will receive messages related to your account, orders, and, if you separately opt in, marketing messages from Alphletics Inc. and, where disclosed at opt-in, other Affiliated Brands.
Message and data rates may apply. Message frequency varies.
You may reply STOP at any time to opt out of SMS messages, and HELP for assistance.
Consent to receive SMS messages is not shared, sold, or used for purposes other than those disclosed at the time of opt-in, and will not be used to send marketing messages on behalf of unrelated third parties.
We do not share your text messaging opt-in status or consent records with third parties, other than the SMS platform we use to deliver messages on our behalf.
Our SMS program is administered through Postscript, our third-party SMS platform, under a registered messaging campaign. If you have questions about our SMS practices, contact us using the information in Section 15.
Beyond sharing among Affiliated Brands described in Section 4, we may share Customer Metadata with:
Service providers who perform functions on our behalf, including payment processing, order fulfillment, shipping, analytics, and app infrastructure (e.g., Strava API integration, cloud hosting). Service providers we currently use include Klaviyo (capturing and storing contact information and email marketing), Postscript (SMS message delivery), Gorgias (customer support, including AI-assisted features), HiTide (Instagram DM automation for sweepstakes and giveaways, as described in Section 2.6), and Shopify (order processing and, where applicable, the Shopify-enabled analytics, product recommendation, and advertising features described in Section 7.2)
Advertising partners, including Meta, Google, and TikTok, as described in Section 2.4
Professional advisors, including legal, accounting, and financial advisors
Regulators, law enforcement, or other parties where required by law or to protect our rights, property, or safety, or that of our users
A successor entity in connection with a merger, acquisition, financing, or sale of assets
We do not sell your personal information to unaffiliated third parties for their own independent marketing purposes outside the relationships described above.
Email: unsubscribe via the link in any marketing email
SMS: reply STOP to any marketing text
Account information: update or request deletion of your account information by contacting us
Depending on your state or country of residence, you may have additional rights to access, correct, delete, or restrict processing of your personal information, or to opt out of certain sharing. Where applicable law (such as the California Consumer Privacy Act) grants these rights, we will honor verified requests submitted using the contact information in Section 15.
Our use of the Meta Pixel, Google Analytics, and TikTok Pixel, described in Section 2.4, involves sharing hashed identifiers and browsing/purchase activity with Meta, Google, and TikTok for purposes of advertising measurement and, in some cases, ad targeting. Under the California Consumer Privacy Act and similar laws in other states, this type of sharing may be considered a "sale" or "sharing" of personal information, even though we do not receive money in exchange for it.
You have the right to opt out of this sharing. You may do so by:
Using the cookie preference tool available on our website (where implemented) to disable advertising cookies
Adjusting your browser or device settings to block third-party cookies and tracking
Using platform-level controls, such as Meta's, Google's, or TikTok's own ad settings, to limit ad personalization
Enabling a recognized Opt-Out Preference Signal, such as the Global Privacy Control (GPC), in a supported browser. Where legally required to do so, we will treat a detected GPC signal from your browser as a valid request to opt out of the sale or sharing of your personal information for that browser or device
Contacting us using the information in Section 15 to submit an opt-out request, which we will honor within the timeframe required by applicable law
Because the Services are not directed to and are not intended for use by individuals under 18, as described in Section 10, we do not knowingly sell or share the personal information of individuals we know to be under 18 years of age.
We use Shopify to power our online store. In addition to processing checkout and order information, Shopify may provide us with enhanced features that use your personal information for purposes such as store customization, analytics, product recommendations, and advertising services drawn from your interactions with our Services, other Shopify merchants, and Shopify itself ("Shopify Enhanced Services"). Your personal information may be shared with Shopify, and with third parties Shopify works with, in connection with these features, including parties located outside your country.
In some jurisdictions, use of the Shopify Enhanced Services may be considered "sharing" for "cross-context behavioral advertising" or "targeted advertising" under applicable privacy laws. To opt out of these activities, or to otherwise exercise your privacy rights in connection with the Shopify Enhanced Services, you may visit Shopify's privacy portal, or contact us using the information in Section 15.
Some browsers offer a "Do Not Track" (DNT) setting. Our Services do not currently respond to or honor DNT signals.
As described in Section 3, we use automated tools and AI-assisted features, including through our marketing and customer support platforms, to personalize communications, recommend products, and help us respond to support inquiries. Where these tools produce automated decisions that have a legally or similarly significant effect on you, applicable law may give you the right to obtain human review, express your point of view, or contest the decision. You may exercise these rights by contacting us using the information in Section 15.
At or before the point we collect personal information from you directly, such as through a signup form, checkout page, or account creation screen, we intend to provide a short-form notice identifying the categories of personal information collected at that point and the purpose(s) for which it will be used, consistent with applicable law. This Policy serves as the comprehensive privacy notice for the Services; where a shorter point-of-collection notice is displayed, it supplements, and does not replace, this Policy.
This Section describes additional rights that may apply to you depending on where you are located. Where a regional law described below requires a stricter standard of consent than the general opt-out model described elsewhere in this Policy (for example, opt-in consent for marketing or advertising cookies), we apply that stricter standard to users in that region. This Section is a general summary for informational purposes and does not constitute legal advice; where local law provides greater rights than described here, local law controls.
Depending on your state of residence, you may have rights under state privacy laws including the California Consumer Privacy Act (CCPA/CPRA), and comparable laws in Virginia, Colorado, Connecticut, Utah, Oregon, Texas, and other states with similar statutes. These rights generally include the right to know what personal information we collect, to request deletion, to correct inaccurate information, to opt out of the "sale" or "sharing" of personal information (including for cross-context behavioral advertising, as described in Section 7.1), and to not be discriminated against for exercising these rights. Requests can be submitted using the contact information in Section 15.
If you are located in Canada, our processing of your personal information is subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial legislation. You have the right to access your personal information, request correction of inaccuracies, and withdraw consent for collection, use, or disclosure, subject to legal or contractual restrictions. Canada's Anti-Spam Legislation (CASL) governs our commercial electronic messages to Canadian residents; we obtain consent as required and provide a functional unsubscribe mechanism in every message.
If you are located in the EU/EEA, we process your personal data in accordance with the General Data Protection Regulation (GDPR). Our lawful bases for processing include your consent, performance of a contract with you, our legitimate interests (such as improving the Services), and compliance with legal obligations, as applicable to each processing activity. For EU/EEA users, we obtain your affirmative opt-in consent before placing non-essential cookies (including the Meta Pixel, Google Analytics, and TikTok Pixel described in Section 2.4) or sending marketing communications, rather than relying on an opt-out model.
The table below maps each purpose described in Section 3 to the lawful basis or bases that may support it. More than one basis may apply to a given purpose depending on the specific processing activity.
|
Purpose (Section 3) |
Contract |
Legitimate Interest |
Consent |
Legal Obligation |
|
Provide the Services |
✓ |
✓ |
✓ |
✓ |
|
Improve the Services / develop new features |
✓ |
✓ |
✓ |
✓ |
|
Operate our business (analytics, fraud prevention, legal compliance) |
✓ |
✓ |
✓ |
✓ |
|
Marketing (email, SMS, advertising) |
✓ |
✓ |
||
|
With your consent or direction |
✓ |
✓ |
✓ |
|
|
Automated decision-making / AI-assisted features |
✓ |
✓ |
✓ |
✓ |
You have the right to access, correct, delete, or restrict processing of your personal data, to data portability, to object to processing based on legitimate interests, and to withdraw consent at any time without affecting the lawfulness of processing before withdrawal. You also have the right to lodge a complaint with your local data protection authority. Where we transfer personal data from the EU/EEA to the United States, we rely on appropriate safeguards such as Standard Contractual Clauses.
If you are located in the UK, we process your personal data in accordance with the UK GDPR and the Data Protection Act 2018, which provide substantially similar rights to those described in Section 8.3 above. You have the right to lodge a complaint with the UK Information Commissioner's Office (ICO).
If you are located in Australia, our handling of your personal information is subject to the Privacy Act 1988 (Cth) and the Australian Privacy Principles. If you are located in New Zealand, our handling of your personal information is subject to the Privacy Act 2020. In both cases, you have the right to access and request correction of your personal information, and to complain to the relevant regulator (the Office of the Australian Information Commissioner, or New Zealand's Office of the Privacy Commissioner) if you believe we have mishandled your information.
If you are located in Japan, our handling of your personal information is subject to the Act on the Protection of Personal Information (APPI). You have the right to request disclosure, correction, or deletion of your personal information, and to request that we stop using it in certain circumstances. Where we transfer personal information outside Japan, we take steps required under the APPI to ensure the receiving party maintains comparable protections.
If you are located in India, our handling of your personal data is subject to the Digital Personal Data Protection Act, 2023 (DPDP Act), once and to the extent it is in force. You have the right to access information about how your personal data is processed, request correction or erasure, and withdraw consent. Where processing relies on your consent, you may withdraw it at any time, and we will stop the relevant processing going forward.
If you are located in the UAE, our handling of your personal data is subject to UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data (or the applicable free-zone data protection regime, such as DIFC or ADGM law, if you are located within one of those zones). You have the right to request access, correction, or deletion of your personal data, and to object to certain processing, subject to the exceptions set out in the applicable law.
If you are located in Brazil, our handling of your personal data is subject to the Lei Geral de Proteção de Dados (LGPD). Our lawful bases for processing mirror those described for the EU/EEA in Section 8.3, and for Brazilian users we likewise obtain affirmative opt-in consent before placing non-essential cookies or sending marketing communications. You have the right to confirm the existence of processing, access your data, correct incomplete or inaccurate data, request anonymization, blocking, or deletion of unnecessary data, request data portability, and revoke consent. You may also lodge a complaint with Brazil's Autoridade Nacional de Proteção de Dados (ANPD).
If you are located in Mexico, our handling of your personal data is subject to the Ley Federal de Protección de Datos Personales en Posesión de los Particulares. You have the right to access, rectify, cancel, or object to the processing of your personal data (collectively known as ARCO rights), and to withdraw consent at any time. Requests can be submitted using the contact information in Section 15, and you may also file a complaint with Mexico's Instituto Nacional de Transparencia, Acceso a la Información y Protección de Datos Personales (INAI) or its successor authority.
If you are located in Argentina, our handling of your personal data is subject to Argentina's Personal Data Protection Law No. 25,326. You have the right to access, update, rectify, or request deletion of your personal data, and to be informed of the purposes for which it is processed. You may exercise these rights using the contact information in Section 15, and may lodge a complaint with the Agencia de Acceso a la Información Pública (AAIP).
If you are located in Colombia, our handling of your personal data is subject to Colombia's Law 1581 of 2012 (Habeas Data) and its implementing regulations. You have the right to know, update, and rectify your personal data, to request proof of consent, to be informed of the use given to your data, to revoke consent and/or request deletion where processing violates constitutional or legal principles, and to lodge a complaint with the Superintendencia de Industria y Comercio (SIC).
If you are located in a jurisdiction not specifically addressed above, we will honor privacy rights required under the law applicable to you to the extent required by that law. Contact us using the information in Section 15 with any request, and we will respond consistent with applicable legal requirements.
Certain US states, including Washington (the My Health My Data Act), Nevada, and Connecticut, have enacted laws that treat certain information about your physical activity, location, and bodily state as "consumer health data" subject to heightened protection, separate from general privacy law. Because the AO Run app processes fitness activity data and location/GPS data, described in Section 2.3 and Section 2.5, some of that information may qualify as consumer health data under these laws for users located in states where they apply.
Where applicable, we do not sell consumer health data, and we do not share consumer health data with third parties for advertising or marketing purposes without your separate, affirmative consent. We limit our collection of consumer health data to what is reasonably necessary to provide the Services you request, such as displaying your own activity history and, where you choose to participate, reflecting your activity in community features such as leaderboards and mileage-based challenges described in Section 2.5.
If you are located in a state that grants consumer health data rights, you may have the right to confirm whether we process consumer health data about you, to access it, to withdraw consent for its processing, and to request its deletion. Washington law also grants a private right of action for certain violations of the My Health My Data Act. You can exercise these rights using the contact information in Section 15.
Some jurisdictions, including Illinois (the Biometric Information Privacy Act), Texas, and Washington, have specific laws governing "biometric identifiers" or "biometric information," such as fingerprints, retina or iris scans, voiceprints, or scans of hand or face geometry.
We do not currently collect biometric identifiers or biometric information as defined under these laws. Profile photos you choose to upload are used only as a visual profile image and are not processed to derive a faceprint, template, or other biometric identifier. If this changes in the future, for example, if we introduce a feature that uses facial or other biometric recognition, we will update this Policy before doing so, and, where required by law, obtain your prior written consent and provide the additional disclosures required under applicable biometric privacy laws, including our retention schedule and destruction guidelines for that data.
We retain Customer Metadata for as long as necessary to fulfill the purposes described in this Policy, comply with legal obligations, resolve disputes, and enforce our agreements. We use commercially reasonable technical and organizational safeguards to protect your information, but no method of transmission or storage is completely secure.
The Services are not directed to, and are not intended for use by, individuals under 18 years of age. We do not knowingly collect personal information from anyone under 18. If you are under 18, do not use the Services, create an account, or provide any personal information to us. If we learn that we have collected personal information from someone under 18, we will delete that information and, where applicable, terminate the associated account.
If you are a parent or guardian and believe your child under 18 has provided us with personal information, please contact us using the information in Section 15.
We may update this Policy from time to time, including to reflect new Affiliated Brands, new data practices, or changes in law. We will post the updated Policy with a new Effective Date, and where changes are material, we will provide additional notice such as an email or in-app notification.
The Services are operated from the United States. If you access the Services from outside the United States, your information will be transferred to, stored, and processed in the United States, where data protection laws may differ from those in your jurisdiction. Where required by the laws described in Section 8 (including the GDPR, UK GDPR, and LGPD), we implement appropriate safeguards for these cross-border transfers, such as Standard Contractual Clauses or equivalent mechanisms recognized under applicable law.
Questions about this Policy or our data practices, or requests to exercise any of the rights described in Section 8, can be directed to:
Alphletics Inc.
2810 N Church St #616247, Wilmington, DE 19802
Email: privacy@ao.run
ALPHLETICS INC.
TERMS AND CONDITIONS
Effective Date: August 1, 2026
These Terms and Conditions ("Terms") govern your access to and use of any website, mobile application, or service operated by Alphletics Inc., a Delaware corporation doing business as AO Run, with a registered address at 2810 N Church St #616247, Wilmington, DE 19802 ("Alphletics," "AO Run," "we," "us," or "our"), including AO Run and its companion mobile application, and any other current or future brand, product, or project owned or operated by Alphletics Inc. (collectively, the "Services").
By accessing or using the Services, creating an account, or making a purchase, you agree to be bound by these Terms. If you do not agree, do not use the Services.
You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or make a purchase. By using the Services, you represent that you meet this requirement.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate information and to update it as needed. We may suspend or terminate accounts that violate these Terms.
All product descriptions, pricing, and availability are subject to change without notice.
We reserve the right to refuse or cancel any order, including for suspected fraud, pricing errors, or product unavailability.
Payment is processed through third-party payment processors. By providing payment information, you represent that you are authorized to use the payment method provided.
Applicable taxes and shipping charges will be added at checkout where applicable.
Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate, at any time and without prior notice, including after you have submitted an order.
If we cancel or correct an order due to a pricing or listing error, we will notify you using the contact information associated with your order and, where payment has already been captured, issue a full refund of any amount charged for the affected item. If we correct an error after your order has shipped, we will work with you in good faith to resolve the discrepancy, which may include a partial refund, a replacement, or cancellation of the affected portion of your order, at our discretion.
Errors or inaccuracies affecting AO Membership pricing or benefits, described in Section 5, will be corrected prospectively for future billing cycles and will not retroactively change amounts already charged for a completed billing period, except where required by law.
We undertake no obligation to update, amend, or clarify information on the Services, including pricing information, except as required by law. No specified update or refresh date on the Services should be taken to indicate that all information has been modified or updated.
We offer an optional paid membership program ("AO Membership") that provides benefits such as a percentage discount on orders, free shipping with no minimum purchase, and early or member-only access to select product restocks and releases. Current membership pricing and benefits are described on our website at the time of signup.
Auto-Renewal. AO Membership is billed on a recurring annual basis and automatically renews at the then-current membership price unless you cancel before your renewal date. By joining AO Membership, you authorize us and our subscription billing provider to charge your payment method on file for each renewal period until you cancel.
Cancellation. You may cancel, pause, or switch your AO Membership at any time through your account. Cancellation will take effect at the end of your current billing period; we do not provide prorated refunds for the unused portion of a membership term unless required by applicable law.
Price Changes. We may change AO Membership pricing or benefits prospectively. If we do, we will provide notice before your next renewal, consistent with applicable law, and any price change will apply only to subsequent renewal periods, not your current paid term.
Billing Processor. AO Membership billing is processed through a third-party Shopify subscription billing platform. That provider processes your recurring charges on our behalf; we do not directly store your full payment card information.
Nothing in this Section limits any additional rights you may have under applicable state or national auto-renewal or negative-option laws, including rights to clear disclosure, easy cancellation, and renewal reminders where required.
Shipping timelines are estimates and not guaranteed. Risk of loss and title for products pass to you upon delivery to the carrier. Return and exchange policies, including any applicable time windows and conditions, will be posted on the applicable brand's website and are incorporated into these Terms by reference.
Certain Services, including the AO Run app, allow you to post activity data, comments, photos, or other content ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, display, and distribute that content in connection with operating and promoting the Services and Affiliated Brands. You represent that you own or have the right to submit your User Content and that it does not violate any third party's rights.
We may remove User Content or restrict access to community features at our discretion, including content that is abusive, harassing, illegal, or otherwise inconsistent with the spirit of the community.
The Services are a place to connect with other runners and share your progress in a positive way. We are a neutral party with respect to interactions between users of the Services, including leaderboard comparisons, comments, and other community engagement, and we are not responsible for those interactions or for confirming the identity, qualifications, or abilities of any other user. Use common sense and good judgment when interacting with other users of the Services.
We may invite certain users to participate in an influencer, ambassador, or affiliate program (each, a "Program Partner"), under which a Program Partner may receive gifted product, a flat fee, commission on sales generated through a unique affiliate or referral code or link, or a combination of these, in exchange for creating content about AO Run. Participation in the Program is by invitation or approved application only and is governed by these Terms and by any separate written agreement or program terms we provide to you ("Program Terms"). If a conflict exists between these Terms and your Program Terms, the Program Terms control as to your participation in the Program.
Disclosure Obligations. If you receive gifted product, payment, or commission in exchange for posting content about AO Run, you are responsible for complying with the FTC's Endorsement Guides and any other applicable advertising disclosure laws in your jurisdiction, including clearly and conspicuously disclosing your material connection to us (for example, using "#ad," "#sponsored," or the platform's built-in paid partnership label) in every post referencing AO Run, its products, or your affiliate code.
Affiliate Codes and Commission. Where we provide you with a unique affiliate or referral code or link, commission is calculated only on qualifying sales attributable to that code, net of returns, refunds, cancellations, and fraudulent or self-referred orders, as determined by us. We reserve the right to withhold or reverse commission on any order later refunded, cancelled, or determined to be fraudulent, and to deactivate a code at any time.
Content Standards. Content you create as a Program Partner must be truthful, must not make health, safety, or performance claims we have not approved, and must otherwise comply with Section 16 (Prohibited Conduct) and our Community Standards.
No Employment Relationship. Your participation in the Program does not create an employment, partnership, joint venture, or agency relationship between you and Alphletics Inc. You are solely responsible for any tax obligations arising from gifted product, fees, or commission you receive.
Term and Termination. We may modify, suspend, or terminate the Program, your participation in it, or any specific Program Partner arrangement at any time, with or without cause. Commission earned on qualifying sales prior to termination will be paid according to your Program Terms; commission on sales after termination will not accrue.
Content you create as a Program Partner is User Content for purposes of Section 7 and is subject to the license granted in that Section, in addition to any rights granted under your specific Program Terms.
The AO Run app allows you to connect a Strava account to import fitness activity data via the Strava API. Your use of Strava remains subject to Strava's own terms and privacy policy. We are not responsible for the availability, accuracy, or practices of third-party services you choose to connect.
As part of the Services, we may use or develop artificial intelligence and machine learning tools to personalize your experience, assist with customer support, or otherwise improve the Services ("AI Features"), as described in our Privacy Policy. AI Features have known and unknown risks and limitations and may produce inaccurate, incomplete, or otherwise imperfect output. You understand and agree that you use any AI Features, and any recommendation or output they produce, at your own risk. You should use common sense and good judgment, and consult a qualified professional where appropriate, before relying on any AI-generated recommendation, including any related to training, pacing, or physical activity. Nothing in this Section limits any other Section of these Terms in which we disclaim warranties or limit or exclude liability.
By providing your email address or mobile phone number and opting in where required, you consent to receive transactional and, where separately opted in, marketing communications from Alphletics Inc. and its current and future Affiliated Brands, as described in our Privacy Policy.
Consent Not a Condition of Purchase. You do not have to sign up for SMS or email marketing to make any purchase from us, and your consent to receive marketing messages is not a condition of any purchase. Participation in our SMS and email marketing programs is entirely voluntary.
Automated Messaging. Text messages and emails may be sent using an automatic telephone dialing system or similar automated technology. Service-related messages may include order updates, account alerts, and similar transactional information. Promotional messages may include marketing offers, promotions, restock notices, and similar content.
Carrier Disclaimer. Message frequency varies. Message and data rates may apply. You are solely responsible for any charges from your wireless carrier related to SMS messages. The wireless carriers supporting our SMS program are not liable for delayed or undelivered messages.
Opting Out. You may opt out of marketing emails at any time via the unsubscribe link included in every marketing email, and of marketing SMS at any time by replying STOP to any text message, or HELP for assistance. You will receive a one-time confirmation message when you opt out of SMS. If you are enrolled in more than one of our SMS programs or those of an Affiliated Brand, you may need to opt out of each separately, except where applicable law requires otherwise.
Number Changes. If you obtain a new mobile number, you will need to opt in again using your new number; we are not responsible for messages sent to a number you no longer control.
To the extent permitted by applicable law, we are not liable for failed, delayed, or misdirected delivery of any information sent through our email or SMS programs, any errors in that information, or any action you take or do not take in reliance on it.
From time to time, we may run sweepstakes, contests, or giveaways (each, a "Promotion") on our website, on Instagram, or on other social media platforms. Each Promotion is subject to these Terms and to any specific rules posted for that Promotion ("Promotion Rules"), which are incorporated into these Terms by reference. If a conflict exists between these Terms and a Promotion's specific Promotion Rules, the Promotion Rules control for that Promotion.
No Purchase Necessary. Unless otherwise stated in the applicable Promotion Rules, no purchase or payment is necessary to enter or win a Promotion, and a purchase will not increase your chances of winning.
Eligibility. Promotions are void where prohibited by law and are open only to legal residents of the jurisdictions specified in the applicable Promotion Rules who meet the eligibility requirements described in Section 1 of these Terms, including the minimum age requirement.
Entry Method. Where a Promotion is run on Instagram, you may be able to enter by commenting on a designated post and, if you choose, clicking through an automated direct message and submitting your contact information, as described in our Privacy Policy. Simply commenting on a post does not, by itself, complete your entry unless the Promotion Rules for that specific Promotion state otherwise.
Odds and Selection. Odds of winning depend on the number of eligible entries received. Winners will be selected and notified by the method described in the applicable Promotion Rules.
Winner Publicity. Where required by law, we may be obligated to publicly disclose the name, city, and/or state of Promotion winners. By entering, you agree to this disclosure to the extent required by law.
Platform Disclaimer. Promotions run on Instagram are not sponsored, endorsed, administered by, or associated with Meta Platforms, Inc. or Instagram. Any questions, comments, or complaints regarding a Promotion must be directed to us, not to Instagram or Meta.
Right to Modify or Cancel. We reserve the right to modify, suspend, or cancel any Promotion, or disqualify any entrant, at our discretion, including in the event of suspected fraud, technical failure, or any other factor beyond our reasonable control that impairs the integrity of the Promotion.
By entering a Promotion, you release Alphletics Inc. and its Affiliated Brands from any liability associated with your participation, to the fullest extent permitted by law, except where such release is prohibited by applicable law.
From time to time, we may promote or organize scheduled group runs, branded challenges, or similar community events through Instagram, TikTok, or other social media platforms (each, an "Event"), which may take place online (e.g., a content or hashtag challenge) or in person (e.g., a synchronized group run at a designated time and location).
Platform Disclaimer. Events promoted on Instagram or TikTok are not sponsored, endorsed, administered by, or affiliated with Meta Platforms, Inc., Instagram, TikTok Inc., ByteDance Ltd., or any of their affiliates. Any questions, comments, or complaints regarding an Event must be directed to us, not to Instagram, TikTok, or Meta.
In-Person Events. Where an Event involves an in-person group run or gathering, you are solely responsible for your own safety, for assessing traffic, weather, terrain, and other environmental conditions at the time and location of the Event, and for the conduct of your own vehicle, bicycle, or other equipment. We do not provide medical staff, road closures, traffic control, or event insurance unless we expressly state otherwise for a specific Event. Your participation in any in-person Event is subject to the Assumption of Risk described in Section 17, which applies with equal force to Events as it does to Running Challenges.
Third-Party Conduct at Events. We are not responsible for the conduct of other participants, spectators, or third parties at an in-person Event, including any injury, harassment, or property damage caused by another attendee. If you feel unsafe at an Event, remove yourself from the situation and, where appropriate, contact local emergency services.
Content Requirements. If participation in an Event requires you to post content (such as a photo, video, or hashtag) on Instagram, TikTok, or another platform, that content is User Content subject to Section 7, and your use of the underlying platform is subject to that platform's own terms of service, which we do not control.
Right to Modify or Cancel. We reserve the right to modify, reschedule, relocate, or cancel any Event, including for weather, safety, low turnout, or any other reason, at our discretion and without liability to you, other than as expressly stated in any specific rules we publish for that Event.
All content on the Services, including trademarks, logos, product designs, photography, and text (collectively, "IP"), is owned by or licensed to Alphletics Inc. and is protected by intellectual property laws. Nothing in these Terms grants you any right to use our IP except as expressly permitted, such as the limited license granted for User Content under Section 7.
The Digital Millennium Copyright Act ("DMCA") provides a process for copyright owners who believe material on the Services infringes their copyright. If you believe in good faith that content hosted on the Services infringes your copyright, you or your authorized agent may send us a written notice that includes:
A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;
Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by one notice, a representative list of those works;
Identification of the material claimed to be infringing, and information reasonably sufficient to permit us to locate it on the Services;
Your name, address, telephone number, and email address;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
Notices that do not substantially comply with these requirements may not receive a response. Notices should be sent to our copyright agent at the contact information in Section 27.
If you believe your content was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notice that includes: your name, address, and telephone number; identification of the material removed and its location before removal; a statement under penalty of perjury that you have a good-faith belief the material was removed in error; a statement consenting to the jurisdiction of the federal court in the district where your address is located (or, if outside the United States, any district in which we may be found) and that you will accept service of process from the person who filed the original notice; and your physical or electronic signature.
We reserve the right, in appropriate circumstances, to disable or terminate the accounts of users who are repeat infringers. We may also share the contents of a notice or counter-notice, including your contact information, with the other party involved, as required to process the claim. This Section does not constitute legal advice; if you have questions about your rights or obligations under the DMCA, consult an attorney.
In addition to any other prohibitions in these Terms, you may not use the Services:
For any unlawful purpose, or to solicit others to perform or participate in unlawful acts
To violate any international, federal, state, provincial, or local law, regulation, rule, or ordinance
To infringe upon or violate our intellectual property rights or the intellectual property rights of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other protected characteristic
To submit false or misleading information, or to use a false email address or impersonate another person
To upload or transmit viruses, worms, or any other malicious code that could affect the functionality of the Services
To collect or track the personal information of other users
To spam, phish, pharm, pretext, spider, crawl, or scrape any part of the Services
To attempt to interfere with, disrupt, or gain unauthorized access to the Services, or to circumvent any security features of the Services
To resell products purchased through the Services without our written consent
For any obscene or immoral purpose
To falsify, manipulate, or misrepresent mileage, GPS, or other activity data in order to qualify for a Running Challenge, unlock a reward, or influence a leaderboard or community ranking
To create multiple accounts, or use another person's Strava account or identity, to gain additional Running Challenge unlocks, sweepstakes entries, or membership benefits beyond what is permitted per person
To use bots, scripts, or automated entry methods to enter a sweepstakes, contest, or giveaway described in Section 12
To harass, bully, or target another community member based on their pace, mileage, appearance, or performance within the AO Run app or any community feature
We reserve the right to terminate your access to the Services, disqualify you from a Running Challenge, membership benefit, or Promotion, and/or remove associated rewards or entries, in whole or in part, for violating any of the prohibited uses described in this Section.
Certain Services, including the AO Run app, involve challenges, milestones, or unlockable rewards that are tied to physical running activity, such as completing a set number of miles to unlock access to purchase or claim specific products ("Running Challenges"). RUNNING AND OTHER PHYSICAL EXERCISE CARRY INHERENT RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF INJURY, ILLNESS, PHYSICAL IMPAIRMENT, HEART ATTACK, HEAT-RELATED ILLNESS, TRAFFIC AND ENVIRONMENTAL HAZARDS, AND, IN RARE CASES, DEATH.
BY PARTICIPATING IN ANY RUNNING CHALLENGE OR OTHER PHYSICAL ACTIVITY FEATURE OF THE SERVICES, YOU ACKNOWLEDGE AND VOLUNTARILY ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF ALPHLETICS INC. OR OTHERS, TO THE FULLEST EXTENT PERMITTED BY LAW. You further acknowledge that:
We do not supervise, monitor, or verify your physical condition, running form, route selection, or the environmental or traffic conditions in which you choose to run.
Running Challenges are entirely voluntary. No product, discount, or reward offered through a Running Challenge requires you to exceed your own physical limits, run in unsafe conditions, or disregard the advice of a medical professional.
You are solely responsible for determining whether you are physically fit to participate in any Running Challenge or other physical activity connected to the Services, and we strongly encourage you to consult a physician before beginning or increasing any exercise activity, particularly if you have any pre-existing health condition.
Any mileage, pace, location, or other activity data used to determine Running Challenge eligibility is self-reported or imported via the Strava integration described in Section 9, and we do not independently verify the accuracy of that data or the safety of the conditions under which it was recorded.
We do not assume responsibility for the inspection, supervision, preparation, or conduct of any run, race, group activity, or other physical event you undertake in connection with a Running Challenge or the Services, whether organized by us, by another user, or by a third party.
Any activity data, performance metrics, pacing suggestions, or challenge recommendations made available through the Services are provided for informational and motivational purposes only, are not medical or professional advice, and should never be used in place of the advice of your physician or other qualified healthcare provider. You should never disregard or delay seeking medical advice because of anything you see on the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE AND FOREVER DISCHARGE ALPHLETICS INC., ITS OFFICERS, EMPLOYEES, AND AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN ANY RUNNING CHALLENGE OR OTHER PHYSICAL ACTIVITY UNDERTAKEN IN CONNECTION WITH THE SERVICES, INCLUDING CLAIMS FOR PERSONAL INJURY, DISABILITY, OR DEATH, EXCEPT WHERE SUCH RELEASE IS PROHIBITED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, including gross negligence, recklessness, or intentional misconduct, or do not enforce releases of liability for personal injury or death to the same extent; in those jurisdictions, this Section applies only to the maximum extent such laws permit, and does not release Alphletics Inc. from liability that cannot lawfully be released.
THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. FITNESS AND ACTIVITY DATA, INCLUDING DATA IMPORTED FROM STRAVA, IS PROVIDED FOR INFORMATIONAL AND MOTIVATIONAL PURPOSES ONLY AND IS NOT MEDICAL ADVICE. CONSULT A PHYSICIAN BEFORE BEGINNING ANY EXERCISE PROGRAM.
We do not warrant that leaderboard rankings, challenge completion status, or membership benefit eligibility calculated from Strava-imported data will be free of delay, sync errors, or third-party API downtime, and we are not responsible for a missed reward, restock window, or challenge deadline caused by such delays or errors.
We do not guarantee the availability of any specific product, size, color, or restock at the time your AO Membership benefits, Running Challenge reward, or sweepstakes prize becomes available to you; benefits are subject to actual inventory.
Product colors and imagery displayed on the Services are approximate; we do not warrant that any device's display will accurately reflect the true color of a product.
We reserve the right to remove the Services, or any part of them, for maintenance or otherwise, for indefinite periods of time, or to cancel the Services at any time, without liability to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL ALPHLETICS INC., OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS WILL NOT EXCEED THE GREATER OF (A) FIFTY DOLLARS ($50), OR (B) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Alphletics Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, your violation of any law, or your violation of the rights of a third party.
Without limiting the foregoing, this indemnification obligation extends to claims arising from: your falsification or manipulation of activity, mileage, or GPS data to obtain a Running Challenge reward, membership benefit, or sweepstakes entry you were not entitled to; your use of another person's Strava account, identity, or payment method without authorization; User Content you submit that infringes a third party's rights; and injuries to yourself or others arising from your participation in a Running Challenge or other physical activity connected to the Services, to the extent such injuries are not otherwise covered by the release in Section 17.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing to use the Services and, where applicable, closing your account. If we determine, in our sole judgment, that you have failed to comply with any term or provision of these Terms, we may terminate or suspend your access to the Services at any time, with or without notice, and you will remain responsible for all amounts due up to and including the date of termination.
Obligations and liabilities incurred by either party prior to the termination date will survive termination of these Terms for all purposes, including without limitation Sections 8 (Influencer and Ambassador Program, to the extent of any outstanding commission or disclosure obligation), 12 (Sweepstakes, Contests, and Giveaways, to the extent a Promotion has already occurred), 13 (Social Media Promoted Events and Group Challenges, to the extent an Event has already occurred), 14 (Intellectual Property), 15 (Claims of Copyright Infringement), 17 (Assumption of Risk), 18 (Disclaimers), 19 (Limitation of Liability), and 20 (Indemnification).
If any provision of these Terms is found by a court or other tribunal of competent jurisdiction to be unlawful, void, or unenforceable, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. Such a determination will not affect the validity and enforceability of any other remaining provisions.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision. These Terms, together with our Privacy Policy and any Promotion Rules or other policies referenced herein, constitute the entire agreement between you and us regarding the Services, and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us, including any prior versions of these Terms. Any ambiguity in the interpretation of these Terms will not be construed against the party that drafted them.
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
EU/EEA Users. If you reside in the European Union or European Economic Area, the arbitration agreement, class action waiver, and 10-day opt-out described in this Section do not apply to you. Instead, any dispute arising from these Terms or the Services will be resolved in accordance with the jurisdiction-specific rights described in our Privacy Policy, and nothing in this Section limits any right you may have under the law of your EU/EEA member state to bring a claim in the courts of that state.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Arbitrate. Except for the disputes described below as excluded, you and Alphletics Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product or membership purchased through the Services will be resolved through binding, individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies.
Class Action Waiver. YOU AND ALPHLETICS INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding.
Arbitration Procedure. Arbitration will be conducted by a neutral arbitrator in accordance with the rules of a recognized arbitration provider (such as the American Arbitration Association or JAMS) in effect at the time the arbitration is initiated. Arbitration will take place in Delaware, or another mutually agreed location, or may be conducted by phone, video, or written submission where permitted by the applicable arbitration rules.
Excluded Disputes. Notwithstanding the foregoing, either party may bring a lawsuit in court solely for injunctive relief to stop unauthorized use or abuse of the Services, or to protect intellectual property rights, without first engaging in arbitration. Nothing in this Section limits any right you may have to file a complaint with a government agency.
10-Day Opt-Out. You may opt out of this arbitration agreement and class action waiver by sending written notice to legal@ao.run within 10 days of the date you first agree to these Terms. Your notice must include your name, the email address or phone number associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out of the arbitration agreement, any dispute will instead be resolved in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.
Time Limitation on Claims. Any claim you may have arising out of or related to these Terms or the Services must be filed within one year after the claim arose, or it will be permanently barred, except where applicable law requires a longer period.
Severability of This Section. If any part of this Section is found to be unenforceable, the remainder of this Section will remain in force, except that if the Class Action Waiver is found to be unenforceable as to a particular claim or dispute, that claim or dispute must proceed in court and not in arbitration, and all other claims remain subject to arbitration.
We may update these Terms from time to time, including to reflect new Affiliated Brands or Services. We will post the updated Terms with a new Effective Date. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.
These Terms apply across all current and future brands, products, and projects owned or operated by Alphletics Inc., unless a specific brand publishes supplemental terms for a practice unique to that brand, in which case the supplemental terms govern to the extent of any conflict.
Alphletics Inc.
2810 N Church St #616247, Wilmington, DE 19802
Email: legal@ao.run
Copyright Agent (DMCA notices, Section 15): copyright@ao.run