Terms of service.
Welcome to Arki! It’s important to us that you understand both your rights and ours when it comes to using the Services (as defined below). Please read the following carefully.
The Arki mobile application, website, and any related features or content (together, the “Services”) are provided to you under this Terms of Service (the “Terms”). Details about Arki can be found at archipelago.bio.
Except where a different regional affiliate is expressly noted, the Services are operated by Archipelago Genomics Inc.(“Archipelago,” “Arki,” “App”, “we,” or “us”). By using the Services, you agree to follow these Terms and any additional guidelines we present within the Services, all of which become part of this agreement. We reserve the right to monitor accounts and activity for compliance.
BY CREATING AN ACCOUNT, CLICKING “SIGN UP,” OR OTHERWISE ACCESSING, UPLOADING TO, OR DOWNLOADING FROM THE SERVICES, YOU CONFIRM THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
These Terms were originally drafted in English. If any translated version conflicts with the English version, the English version prevails.
If you access or use the Services on behalf of a company or other organization, you represent that you have the authority to bind that entity (and its affiliates) to these Terms, in which case “you” refers to the entity. If you lack such authority, you may not use the Services on its behalf.
These Terms include important warranty disclaimers and limitations of liability that may affect your legal rights.
Registration and User Accounts
Age Requirements
The Services are intended for individuals aged 13 or older (or the higher minimum age required in your country). If you have not yet reached the legal age to enter a binding contract, you represent that your parent or legal guardian has reviewed and accepted these Terms on your behalf. Parents or guardians who allow a minor to use the Services assume full responsibility for that minor’s activity. We reserve the right to restrict or deny access to younger users at our sole discretion. If we discover an account belongs to someone under 13, we will delete personal data in accordance with our Privacy Policy.
COPPA Notice
We do not knowingly collect or solicit personal information from children under 13. If we learn that a child under 13 has provided personal data, we will delete it and terminate the account as soon as reasonably possible.
Creating an Account
To access the Services you must create an Arki account. When registering, you agree to:
provide true, accurate, current, and complete information (“User Data”); and
promptly update that information whenever it changes.
You permit Arki to use your User Data to operate the Services and as described in our Privacy Policy. You agree to maintain only one personal account, not to share your account or login with anyone else, and to ensure that all workouts and activity logs entered under your account reflect activities you actually performed.
If we determine that your User Data is inaccurate, outdated, deceptive, or associated with multiple accounts, we may suspend or close your account and refuse current or future access to the Services. You also confirm that you are not prohibited from receiving U.S. or Canadian services under applicable export-control, sanctions, or other laws.
You may delete your account at any time under Settings/ Account/Delete Account; this initiates permanent removal of personal data as described in our Privacy Policy.
Account Security
You are solely responsible for:
keeping your password confidential;
limiting access to your devices while logged in; and
all actions taken with your credentials.
Use a unique, strong password and notify us immediately at hello@archipelago.bio if you suspect unauthorized use of your account or any other security breach. You understand the risks of unauthorized access to your User Data and any other information you store in Arki.
Third-Party APIs
Certain features may connect to third-party APIs (for example, for app security and analytics). By using the Service you agree to be bound by the applicable terms of service and privacy policies of those third-party providers.
Experimental & Early-Access Features
From time to time Arki may invite you to try new or experimental functionality (“Beta Features”) before it is officially released. Beta Features:
may work only with the most recent version of the App and could stop functioning after an update;
are provided “as is,” at your own risk, and may include bugs, design issues, or other defects that may affect your experience on the app;
may change, be suspended, or be withdrawn altogether without prior notice; and
remain subject to the Feedback clause of these Terms—any suggestions you offer about Beta Features can be used by Archipelago Genomics Inc. without obligation.
Because Beta Features are experimental, we do not guarantee support or continued availability, and we are not liable for any loss or damage arising from their use.
Ownership and Use of Content
Your Content
You retain ownership of all text, photos, videos, graphics, workout logs, messages, or other materials that you upload, post, transmit, or otherwise make available through Arki (collectively, “Content”), whether shared publicly, privately, or submitted via a third-party integration. Content generated by the App itself, like workout analytics or system messages are not treated as user Content.
License to Arki
By submitting Content you grant us a non-exclusive, worldwide, royalty-free, transferable, and sub-licensable licence to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display that Content—together with any name, username, or likeness you provide—in all media now known or later developed, solely for operating, improving, and promoting the Services.
This licence ends when you delete the Content or your account, except to the extent copies persist in routine backups or where we are required by law to retain it. Back-up copies are automatically overwritten on a 30-day rolling schedule (or the shortest period our disaster-recovery system permits).
Responsibility for Content
We do not endorse user Content and are not responsible for it.
You are solely liable for any Content you submit and for any consequences of sharing it. If your Content violates these Terms or any law, you may face legal action. Except as stated in our Privacy Policy, Content is considered non-confidential and non-proprietary, and Arki has no special relationship or duty of confidence toward you.
Personal, Non-Commercial Use
The Services and Content are provided for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any part of the Services or Content for commercial purposes.
Linking
We grant you a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial purposes—provided the linking site is not pornographic, illegal, offensive, or defamatory and does not misrepresent Us or our Services. We may revoke this permission at any time.
Third-Party Equipment
Some features may require third-party equipment (e.g., GPS devices, heart-rate monitors). While we may list or display compatible products, we are not responsible for your acquisition or use of any third-party equipment and do not guarantee it will function flawlessly with the Services.
Connectivity & Messaging Costs
You are responsible for any carrier or data charges incurred when sending messages, uploading Content, or downloading data from Service via your device.
Your Warranties
You represent and warrant that:
(a) you have the right to post the Content and to grant the licence above;
(b) posting and use of your Content will not infringe, misappropriate, or violate any third-party rights, including privacy, publicity, copyright, trademark, or other intellectual-property rights; and
(c) you will pay all royalties, fees, and any other amounts owed to any person because of Content you post.
Violations
We may remove or disable any Content and/or suspend or terminate accounts that violate these Terms or applicable law, without prior notice.
Content Standards & Acceptable Use
Your Responsibility
You—and not Arki—are solely responsible for the Content you upload, post, e-mail, transmit, or otherwise make available in or through the Services. We may, consistent with applicable law, screen, hide, restrict, refuse, or remove any Content we deem to violate these Terms or to be otherwise objectionable, but we do not guarantee the accuracy, integrity, or quality of user Content.
By using the Services you acknowledge that you may encounter Content that is offensive, indecent, objectionable, or illegal, and you assume all risk arising from your exposure to such Content, including any reliance on its accuracy or completeness.
Prohibited Content
You may not publish, transmit, store, or link to any Content that:
Promotes, or depicts unlawful activities; sexual exploitation (including minors); extremist or terrorist content; violations of export-control or sanctions laws.
Threatens, harasses, is hateful, is discriminatory, depicts graphic violence, depicts Content that is sexually obscene, encourages self-harm or suicide, or harm to minors.
Is fraudulent or contains impersonation, misinformation, data manipulation (e.g., fake workouts to game leaderboards), doxxing, defamation, disclosure of personal info without consent, or any violation of privacy, publicity, copyright, trademark, or other IP rights.
Contains viruses, worms, phishing, social-engineering, or any code or Content intended to disrupt, damage, or gain unauthorized access to systems or data.
Prohibited Conduct
You agree not to engage in any of the following:
Automated or Bulk Abuse – Using bots, spiders, or scripts that generate more requests than a human could reasonably produce, creating accounts in bulk, or otherwise imposing excessive load on our infrastructure.
Unauthorized Access or Scraping – Accessing data or systems by means other than the official interfaces; scraping, harvesting, or collecting information about other users without permission.
System Interference – Attempting to probe, scan, or test vulnerabilities; launching denial-of-service attacks; or any activity intended to degrade, disrupt, or circumvent security or usage limits.
Reverse Engineering or Copying – Copying, framing, mirroring, decompiling, or otherwise attempting to extract source code except where permitted by law.
Inflammatory or Disruptive Behaviour – Spamming comments, repeatedly requesting for followers, posting unrelated content in teams, coordinating campaigns that disrupt other users’ experience, or evading an enforcement action by creating a new account.
Reporting Content
If you believe Content violates these Terms or applicable law, you may:
Tap Report in-app beside the offending activity or
E-mail hello@archipelago.bio with a link or screenshot and a brief description of the issue.
Content Review & Enforcement
We review user reports and may also proactively scan public areas of the Service. Actions we may take include removal of Content, feature restrictions, or temporary/permanent account suspension. Automated tools may flag Content for human review.
Appeals
If your Content is removed or your account is restricted, we will notify you at the e-mail address on file. You may appeal within 1 month by replying to that notice or by contacting hello@archipelago.bio with additional context. A human reviewer will re-examine the decision and respond with one of three outcomes: (a) appeal granted and content restored; (b) request for more information; (c) appeal denied.
Equipment, Connectivity, and Charges
Some features may require third-party equipment (e.g., GPS or heart-rate monitors). We are not responsible for the purchase, compatibility, or performance of such devices. You are responsible for any carrier data, SMS, or other charges associated with your use of the Services.
By continuing to upload or interact with Content on Arki, you confirm that it complies with these Content Standards and Acceptable Use provisions.
Interactions between you and the Arki Community
Neutral Platform
Arki is a virtual platform that allows users to post workouts, join teams, exchange messages, and otherwise interact. We act only as a neutral facilitator and are not a party to any interaction between users. Accordingly:
We do not control and cannot guarantee the truth, accuracy, quality, legality, or safety of any user-generated Content or communications.
We do not verify the identity, qualifications, certifications, background, or abilities of anyone who uses the Services.
You must exercise common sense, caution, and good judgment when communicating or meeting with other users you encounter through the Service.
Inviting Contacts & Beacon-Style Features
If you choose to:
invite friends to join Arki
share live location data, or
otherwise provide third-party contact details,
you may be asked to supply names, e-mail addresses, or phone numbers. By submitting that information you represent and warrant that you:
are authorized to provide the contact details;
have any required permission to send messages to those contacts (including allowing Arki to send them on your behalf); and
understand that we will process the information as described in our Privacy Policy (e.g., to deliver invitations, alerts, or related notifications).
Teams
User-Created Teams
If you create or manage a team on Arki, you will act as the General Manager of the Team (the “GM”). The GM must ensure that the team complies with the following:
Your team complies with these Terms of Service, taking special note of the terms outlined in the Content Standards & Acceptable Use section.
Creating or administering a team does not imply sponsorship, endorsement, or official affiliation with Arki unless we have given explicit and written permission. Unauthorized use of our trademarks, logos, or other intellectual property is strictly prohibited.
Your team is not used to inappropriately advertise or promote contests, sweepstakes, or other promotions, as determined in our sole discretion.
Failure to comply with these Terms may, at our sole discretion, result in any of the following actions: (a) removal of your GM privileges; (b) removal from the team; (c) removal of the team from the App; and/or (d) suspension or termination of your user account.
Indemnification
GMs agree to indemnify and hold Archipelago Genomics Inc. harmless from any claims, damages, or liabilities—including intellectual-property disputes—arising out of or related to their team’s creation, content, or activities.
Messaging & Communications
The Services allow you to post messages to communicate with teammates, personal contacts or us. You agree to use these communication tools only for matters related to the purpose for which they were provided (e.g., discussion of health, fitness and wellness topics, coordinating workouts, or inviting friends to join Arki). All such messages are deemed User Content and are governed by these Terms and by any applicable law (including regulations on direct-marketing communications, where relevant).
By using our in-app communication features, you acknowledge that:
Depending on your settings and the channel you choose, messages may be public or viewable by others (for example, messaging in a team chat).
Messages exchanged with third parties are not endorsed or approved by Arki unless we expressly say so.
We may, as permitted by law, pre-screen, post-screen, archive, or monitor communications to enforce these Terms or to protect the community.
Electronic notices, disclosures, and other communications we send you satisfy any legal requirement that such communications be in writing.
App-Store Terms & Third-Party Beneficiaries
The licence granted in these Terms is solely between you and Archipelago Genomics Inc., not with Apple Inc., Google LLC, or any other app-store provider (“Store Provider”).
For iOS users, you acknowledge that Apple and its subsidiaries are third-party beneficiaries of this agreement and, upon your acceptance, Apple has the right to enforce these Terms against you.
Store Providers have no warranty or support obligations under these Terms.
You must comply with all applicable Store-Provider terms (e.g., Apple App Store or Google Play policies) when using the Services.
Proprietary Rights
Ownership
The Services, all software that powers them, aggregated data derived from User Content, and any other content made available through the Services contain proprietary and confidential material protected by intellectual-property laws. Except for Content you submit, all rights, title, and interest in the Services belong to Archipelago Genomics Inc.
Limited Licence to You
We grant you a personal, limited, revocable, non-transferable, non-sublicensable, and non-exclusive licence to access and use the Services via the interfaces we provide. You must not:
copy, modify, adapt, translate, or create derivative works from the Services;
reverse-engineer, decompile, or attempt to discover source code (except to the extent the law expressly allows despite this restriction);
sell, lease, loan, assign, sublicense, or otherwise transfer any part of the Services; or
access the Services by any means other than our officially supported apps, APIs, or websites.
Trademarks
The name Arki, the Arki logo, the overall look-and-feel of the app, and all related product or service names are trademarks of Archipelago Genomics Inc. You may not use these marks without our prior written consent. Third-party names, logos, and trademarks appearing in the Services belong to their respective owners and do not imply endorsement by Arki unless we clearly state otherwise.
Archipelago Genomics Inc. reserves all rights not expressly granted in these Terms.
Feedback
We welcome your comments, ideas, and suggestions about the Services (collectively, “Feedback”). By sending us any Feedback, you grant Archipelago Genomics Inc. a perpetual, worldwide, royalty-free, irrevocable, transferable, and sub-licensable licence to use, reproduce, modify, adapt, publish, translate, distribute, create derivative works from, and otherwise exploit the Feedback—without compensation to you—for any purpose related to the development or promotion of our products and services. Do not submit Feedback you are unwilling to licence on these terms.
Disclaimers
“AS-IS” Service
The App, website, software, content, and all information made available through Arki (collectively, the “Services”) are provided “as is” and “as available” without warranties of any kind. Archipelago Genomics Inc. and its affiliates, officers, employees, agents, partners, and licensors disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that:
the Services will meet your requirements;
the Services will be uninterrupted, timely, secure, or error-free;
any data (including workout metrics) will be accurate or reliable; or
defects will be corrected.
No Medical Advice
The Services—and any text, images, audio, video, or other materials provided within—are not intended as medical advice. They are not a substitute for professional healthcare consultation or treatment. Always seek the advice of your physician or other qualified provider before starting or changing any exercise program. If you experience pain, discomfort, or abnormalities in your physical or mental being, please contact your healthcare provider immediately. In an emergency, dial 911 (U.S./Canada) or your local emergency number immediately.
Assumption of Risk
Athletic activities such as strength training, running and cycling carry inherent risks of injury, illness, or death. You voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or in part by the negligence of Archipelago Genomics Inc. or others. We do not inspect, supervise, or control any races, contests, challenges, group events, private events or team activities that use or reference the Services.
Release of Liability
To the fullest extent permitted by law, you release and covenant not to sue Archipelago Genomics Inc. and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors (the “Released Parties”) for any claims or damages arising out of:
your use or misuse of the Services;
your participation in athletic activities;
your reliance on any training plan, suggestion, or content;
delays, interruptions, or errors in the Services; or
dealings with third-party products or services accessed via the Services.
In no event will the Released Parties be liable for indirect, incidental, special, punitive, or consequential damages. Where applicable law limits these disclaimers, they apply to the maximum extent allowed. If you reside in California, you expressly waive California Civil Code Section 1542 (and any similar law) regarding unknown claims.
Liability Cap
If, despite the foregoing, the Released Parties are found liable, our aggregate liability shall not exceed the greater of (a) CAD $50 or (b) the total fees you paid us in the twelve (12) months preceding the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law (e.g., certain consumer protections in the EU/EEA).
Some jurisdictions do not allow the exclusion of certain warranties, so the disclaimers outlined in these Terms apply to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Archipelago Genomics Inc. and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors from any claim, demand, loss, or damage (including reasonable attorneys’ fees) arising out of or related to:
Content you upload, post, or transmit through the Services;
your athletic activities, including those connected with contests, races, group events, or training programs;
your violation of these Terms or any applicable law, data-protection rule, or third-party right; or
any misuse of the Services by anyone using your account.
These indemnity obligations apply only to the extent permitted by the laws of your country of residence; they do not affect statutory rights you may have that cannot be waived.
Notice for California Users
California users are entitled to the following specific consumer rights notice under the California Civil Code Section 1789.3 : If you have a complaint regarding the Services that you think we have not adequately resolve, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Dispute Resolution
Informal Resolution First
You and Archipelago Genomics Inc. agree to attempt to resolve any dispute or claim in good-faith negotiations for at least 30 days before starting arbitration or a court action (except where immediate court relief is required, such as an injunction).
Binding Arbitration (Except Where Prohibited)
For Canadian Users
Except for (a) disputes involving our intellectual-property rights, (b) eligible Small-Claims matters (see section “Small-Claims Court Exception”), or (c) where a class-action waiver is unenforceable, all disputes arising out of these Terms or the Services shall be settled by final, binding arbitration under the ADR Institute of Canada (“ADRIC”) Arbitration Rules for Consumer Disputes.
Seat & Law of Arbitration: Toronto, Ontario; arbitration to be conducted in English or French at the consumer’s election.
Arbitrator’s Authority: The arbitrator may award any remedy a court could award, but may not award punitive or exemplary damages unless a statute expressly requires it.
Costs: If the arbitration filing fee exceeds the cost of filing in an Ontario Small-Claims Court, we will pay the difference.
Record & Award: The arbitrator’s written decision will be binding and may be entered as a judgment in any competent court.
This clause is governed by the Ontario Arbitration Act, 1991.
For U.S. Users
For users who reside in the United States, any arbitration shall be administered by JAMS pursuant to its Consumer Arbitration Rules. The legal seat (place of arbitration) shall be Delaware, U.S.A., and the proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16, without regard to Delaware choice-of-law principles. Judgment on the award may be entered in any court of competent jurisdiction.
Class-Action Waiver
Arbitration (or litigation where permitted) must proceed on an individual basis; class, collective, or representative actions are not allowed. If a court or arbitrator finds the class-action waiver unenforceable in a particular case, Binding Arbitration will not apply to that case, and the matter will proceed in court.
Small-Claims Court Exception
Either party may bring a dispute in a provincial Small-Claims Court (or equivalent) if the claim falls within that court’s monetary limits and is pursued only on an individual basis.
30-Day Opt-Out
You may opt-out of Binding Arbitration and Class-Action Waiver by sending a written, signed notice to:
Archipelago Genomics Inc. 212 - 30 NELSON ST TORONTO, ON CA M5V0H5
Your notice must be e-mailed to hello@archipelago.bio within 30 days of the date you first accepted these Terms. If you opt-out, Archipelago Genomics Inc. will not be bound by the arbitration clause for your account either.
Time Limit to Bring Claims
Any claim must be filed within two (2) years after it arose—except where a longer limitation period is required by provincial consumer-protection law. Claims filed after that period are permanently barred.
Governing Law & Forum
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Subject to the arbitration provisions above, you and Archipelago submit to the exclusive jurisdiction of the courts of Ontario, sitting in Toronto.
Consumers in Quebec: This clause does not limit any right you have under Quebec’s Consumer Protection Act to bring proceedings in Québec and have the contract governed by Quebec law.
Consumers in the U.S.: Nothing in these Terms deprives you of any non-waivable statutory consumer right under the law of your U.S. state of residence.
Operation of the Services
The Services are operated from Canada by Archipelago Genomics Inc.212 - 30 NELSON ST TORONTO, ON CA M5V0H5. We make no representation that the Services are appropriate or lawful outside Canada; users who access the Services from other jurisdictions do so at their own risk and must comply with local laws. You may not use or export the Services in violation of Canadian export-control regulations. You may not use or export the Services in violation of U.S. export regulations or any other applicable export-control laws.
Termination
We may suspend or terminate your account, or remove a team, without prior notice if we believe you have: (a) breached these Terms or other policies; (b) violated the law or a court order; (c) posed a security or technical risk; (d) been inactive for an extended period; or (e) failed to pay fees due. Termination may include deletion of your Content and denial of future access. Where required by law, we will give you notice and an opportunity to appeal.
All sections that by their nature should survive termination (including, without limitation, Proprietary Rights, Feedback, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions) shall survive.
General Provisions
Entire Agreement & No Partnership; These Terms constitute the entire agreement between you and Archipelago Genomics Inc; no joint venture, employment, or agency relationship is created.
Severability; If any provision is found unenforceable, the remainder of the Terms will continue in full force, and the invalid provision will be interpreted to the maximum lawful extent.
Assignment; You may not transfer your rights or obligations without our written consent. We may assign our rights or delegate obligations at our discretion.
Notices; We may provide notices via e-mail, in-app messages, or posting within the Services; electronic notices satisfy any legal notice requirement.
Headings; Section headings are for convenience only and have no legal effect.
Reservation of Rights; Any rights not expressly granted are reserved by Archipelago Genomics Inc.
Accessibility; We strive to make the Services accessible. If you encounter accessibility barriers, contact hello@archipelago.bio.
Changes to Terms & Services
We may update these Terms at any time. Material changes will be announced at least 30 days in advance via the e-mail associated with your account or an in-app notification. If you continue to use the Services after the effective date, you accept the revised Terms. If you disagree, delete your account and discontinue use.
We may modify, suspend, or discontinue the Services (or any feature) at any time without liability, but will give prior notice when practical.
For questions regarding the Services or these Terms, please contact hello@archipelago.bio.
Last updated: 2025 Jun 20