NOTE: These Terms of Service were issued on July 15, 2025 and took effect on July 15, 2025.
Welcome to ActiveGrace! We deliver immediate spiritual guidance, structured devotionals, and an innovative approach to scriptural study - all wrapped in an elegant experience. We achieve this through our mobile apps ("App"), products and services (together known as the "Services").
Please carefully examine the guidelines and restrictions that apply to your utilization of our Services. If you have questions, comments, or concerns about these terms or the Services, please contact us at:
Email: support@getactivegrace.com
These Terms of Service (the "Terms") form a legally binding contract between you and Peachy AppWorks Ltd., trading as ActiveGrace, with address at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. References to "ActiveGrace," "we," "us," or "our" in these Terms also refer to Peachy AppWorks Ltd. By utilizing the Services in any way, you agree to all of these Terms, and these Terms will remain in force during your use of the Services. These Terms include the stipulations in this document along with those in the Privacy Policy, Cookie Policy and Copyright Dispute Policy. Your use of or engagement with certain Services may also be subject to supplementary policies, rules and/or conditions ("Additional Terms"), which are included here by reference, and you understand and agree that by using or engaging with any such Services, you agree to also follow these Additional Terms.
Please examine these Terms thoroughly, and if you are under 18 years of age, please make sure to review these Terms with a parent or guardian. They include crucial details about Services provided to you and any costs, taxes, and charges we invoice you. These Terms include information about upcoming changes to these Terms, automatic extensions, responsibility restrictions, a class action waiver and conflict resolution through arbitration instead of litigation. Please note that your use of and access to our Services are subject to the following Terms; if you do not agree to all of the following, you may not use or access the Services in any manner.
With the exception of specific categories of disputes outlined in the arbitration agreement section that follows, you consent that conflicts between you and us will be settled through mandatory, individual arbitration and you relinquish your right to engage in a collective legal action or group arbitration.
You acknowledge and consent that the Services and any additional information you obtain from ActiveGrace are not meant, created, or suggested to identify, avoid, or address any medical condition or illness, to assess your health status, or to replace qualified medical or mental health treatment. Not every activity outlined in the Services is suitable for all users. You acknowledge and consent that you bear complete responsibility for your utilization of the Services.
For the current ActiveGrace Privacy Policy, please click here.
We constantly strive to improve our Services, so these Terms may require updates alongside our Services. We reserve the authority to alter the Terms at any time, but if we do, we will display a notice on our Site, deliver you an email, and/or seek to inform you through other channels. Unless we indicate otherwise, revisions to our Terms become effective when published.
If you object to the updated Terms, you are welcome to reject them; regrettably, this means you will no longer be permitted to utilize the Services. If you employ the Services in any manner after a revision to the Terms takes effect, this demonstrates you consent to all of the alterations.
Apart from changes by us as outlined here, no other revision or alteration of these Terms will be enforceable unless in written form and executed by both you and us. If you have a conflict with ActiveGrace, the version of the Terms of Service active at the time ActiveGrace obtained direct notice of the conflict will control such conflict.
To reach specific functionalities of the Services, you may be required to establish an account ("Account"), select a password and username ("ActiveGrace User ID"), and supply us with particular information or data, such as your contact details. You pledge to furnish us with precise, comprehensive, and current registration information about yourself. You may not choose as your ActiveGrace User ID a name that you lack the authority to use, or another individual's name with the purpose to pretend to be that individual. You may not assign your account to anyone else without our prior written consent.
Furthermore, you may be capable of reaching certain sections or functionalities of the Services by utilizing your account credentials from other platforms (each, a "Third Party Account"), such as those provided by Google and Apple. By employing the Services through a Third Party Account, you authorize us to retrieve specific information from such account for utilization by the Services. You maintain ultimate authority over how much information is available to us and may exercise such authority by modifying your preferences on your Third Party Account.
You declare and guarantee that you are an individual of sufficient age to establish a legally binding contract.
You will exclusively utilize the Services for your own internal, personal, non-commercial purposes, and not on behalf of or for the advantage of any third party, and only in a way that adheres to all laws that govern you. If your utilization of the Services is forbidden by applicable laws, then you are not permitted to use the Services. We cannot and will not be liable for your using the Services in a manner that violates the law.
You will not share your ActiveGrace User ID, account or password with anyone, and you must safeguard the security of your ActiveGrace User ID, account, password and any other access tools or credentials. You are accountable for any activity connected with your ActiveGrace User ID and Account.
You may choose to stop receiving marketing emails by following the directions in those emails or by reaching out to us at support@getactivegrace.com. If you decline marketing emails, we may continue to deliver you operational or administrative emails, such as emails regarding your Account or our continuing business operations, including legal notifications. With your permission, we may deliver promotional and other push notifications to your mobile device. You can disable these notifications by adjusting the preferences for push notifications on your device.
You consent to compensate and protect ActiveGrace from liability against any and all demands, obligations, damages (direct and indirect), losses and costs (including legal fees) stemming from or in any way connected to your violation of the aforementioned.
You declare, guarantee, and consent that you will not supply or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise utilize or engage with the Services, in a way that:
A breach of any of the above is basis for termination of your right to use or access the Services.
The content shown or presented or accessible on or through the Services, including, but not limited to, audio and/or visual material, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the aforementioned, the "Content") are safeguarded by copyright and/or other intellectual property statutes, including the Digital Millennium Copyright Act of 1998 (the "DMCA"). You agree to comply with all copyright notices, trademark regulations, information, and limitations contained in any Content you access through the Services, and you will not utilize, duplicate, replicate, alter, translate, release, broadcast, send, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the advance consent of the owner of that Content or (ii) in a manner that transgresses someone else's (including ActiveGrace's) rights.
In accordance with these Terms, we provide each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content exclusively for the purpose of utilizing the Services. Promotion and referral of The Services is allowed, provided that no ownership of the Services is asserted by you, and the promotional material conforms to these Terms of Service. Utilization, replication, alteration, distribution or storage of any Content for any purpose other than using the Services is specifically forbidden without advance written authorization from us. You acknowledge that ActiveGrace possesses the Services. You will not alter, release, send, engage in the transfer or sale of, replicate (except as explicitly provided in this Section), develop derivative works founded on, or otherwise exploit commercially any of the Services. The Services may permit you to duplicate or download certain Content, but please remember that even where these capabilities exist, all the limitations in this section still apply.
Everything you submit, upload, share, store, or otherwise supply through the Services is your "User Submission". User Submissions encompass (i) private chat submissions, private user information like name and email addresses ("Private User Submissions"), and (ii) all other submissions, including feedback or recommendations you supply regarding the Services.
You are exclusively responsible for all User Submissions you contribute to the Services. You declare that all User Submissions submitted by you are precise, comprehensive, current, and in adherence with all applicable laws, rules and regulations. You consent that you will not submit, upload, share, store, or otherwise supply through the Services any User Submissions that breach the terms in the section entitled "Limitations on Use of the Services."
We are not liable for the content of any User Submission, and we do not support any opinion contained in such User Submissions. We provide no warranties or representations about any User Submission, including as to its precision or legality. We have the authority to identify you to third parties who assert that their rights have been violated by your Shared User Submissions or Public User Submissions.
We may utilize Feedback and Other Submissions for our internal business objectives, for example, to examine trends and enhance the Services or to promote the Services. You recognize that we may indirectly commercially benefit from utilization of your Shared User Submissions, Public User Submissions or Feedback and Other Submissions. For clarity, we will not disclose (publicly or in any other manner that is not consistent with our Privacy Policy) your User Submissions or Personal Data in any way that can personally identify you, unless you explicitly grant us authorization otherwise.
We do not and are not required to examine User Submissions, but we have the authority to examine User Submissions in the operation of the Services and adhering to legal or regulatory requirements. A breach of these Terms with respect to User Submissions is basis for restriction and/or termination of your right to use or access the Services.
In order to present your User Submissions on the Services, you provide us certain rights in those User Submissions. Please note that all of the following permissions are subject to our Privacy Policy to the extent they relate to User Submissions that are also your Personal Data.
For all User Submissions, you hereby do and shall provide ActiveGrace a permission to alter (for technical purposes, for example to ensure your content is viewable on the App as well as the Site), combine, duplicate, and otherwise act with respect to such the User Submissions, in each case to enable us to operate the Services, as described in more detail below.
For Private User Submissions, you provide ActiveGrace the permission above, as well as a permission to show, present, and share your Private User Submission for the exclusive purpose of making that Private User Submission accessible to you and supplying the Services necessary to do so. This sharing includes third parties who are strictly required for delivering the services.
For Feedback and Other Submissions, you provide ActiveGrace the permission above, as well as a permission to utilize, edit, show, present, share, create adaptations and fully exploit your Feedback in connection with our (and our successors' and assigns') businesses for promoting and redistributing part or all of the Services (and adaptations thereof) in any media formats and through any media channels (including without limitation, third party websites and feeds), including after the termination of your Account.
For clarity, the aforementioned permission grants to us and our users do not affect your other ownership or permission rights in your User Submissions, including the right to provide additional permissions to your User Submissions, unless otherwise agreed in writing. You declare and guarantee that you have all rights to provide such permissions to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You consent that the permissions you provide are without payment, ongoing, sub-licensable, cannot be withdrawn, and worldwide.
Finally, you acknowledge and consent that ActiveGrace, in executing the required technical steps to deliver the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the aforementioned permissions include the rights to do so.
Any information or Content publicly shared or privately communicated through the Services is the exclusive responsibility of the person from whom such Content originated, and you access all such information and Content at your own peril. We are not responsible for any mistakes or oversights in that information or Content or for any harm or loss you might suffer related to it. We are unable to control and have no obligation to take any steps concerning how you may understand and utilize the Content or what actions you may take due to having encountered the Content. You hereby absolve us from all responsibility for you having obtained or not obtained Content through the Services. We are not healthcare or mental health professionals and our Content is not a replacement for medical or psychiatric treatment. We urge you to always seek professional medical or psychiatric help from licensed professionals when necessary. We cannot ensure the identity of any users with whom you engage in using the Services and are not liable for which users obtain access to the Services.
You are accountable for all Content you contribute, in any way, to the Services, and you declare and guarantee you have all rights necessary to do so, in the manner in which you contribute it.
The Services may include links or connections to third-party websites or platforms that are not owned or managed by ActiveGrace. When you visit third-party websites or use third-party platforms, you acknowledge that there are risks in doing so, and that ActiveGrace is not liable for such risks.
ActiveGrace has no authority over, and assumes no responsibility for, the content, precision, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you engage with through the Services. In addition, ActiveGrace will not and cannot monitor, verify, censor or edit the content of any third-party site or platform. We urge you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or platform that you visit or utilize. By using the Services, you absolve and hold us harmless from any and all responsibility arising from your use of any third-party website or platform. Your engagements with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are exclusively between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You consent that ActiveGrace shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a conflict between participants on this site or Services, or between users and any third party, you consent that ActiveGrace is under no obligation to become involved. In the event that you have a conflict with one or more other users, you absolve ActiveGrace, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such conflicts and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
We're continuously working to enhance our Services, so they may evolve over time. We may halt or terminate any portion of the Services, or we may launch new functionalities or establish restrictions on certain functionalities or limit access to sections or all of the Services. We'll attempt to provide you notice when we make a substantial change to the Services that would negatively impact you, but this isn't always feasible. Please note that if you've chosen not to receive legal notice emails from us (or you haven't supplied us with your email address), these legal notices will still control your use of the Services, and you are still responsible for reading and comprehending them. If you utilize the Services after any modifications to these Terms have been published, that means you consent to all of the modifications. We retain the authority to eliminate any Content from the Services at any time, for any reason (including, but not limited to, if someone claims you contributed that Content in breach of these Terms), in our exclusive judgment, and without notice.
Free Services. ActiveGrace provides a basic version of the Services at no cost ("Free Services").
Paid Services. ActiveGrace provides certain Services, including advanced functionality and content, that can be reached through a paid, monthly membership to the Services ("Paid Services"). Please note that any payment terms presented to you in the process of utilizing or registering for a Paid Service are considered part of these Terms. ActiveGrace may introduce additional payment plans to access enhanced functionality of the Services at its discretion.
Free Trials and Promotions. You may have access to the Paid Services for a limited period of time through a complimentary trial. At times your access to the Paid Services may also commence with an initial reduced promotional period. Any complimentary trial or other reduced promotion that provides access to a Paid Service must be utilized within the specified time of the trial or promotional period. If you are utilizing a complimentary trial of the Paid Services, we will inform you before the Paid Services you are using on a trial basis begin carrying a charge, and if you wish to continue utilizing such Services, you must pay all applicable charges for such Paid Services. If you have a reduction for the Paid Services during a promotional period, you must pay full price for the Paid Services after the promotional period has concluded. Otherwise, you must cancel the membership to the Paid Service before the end of a complimentary trial or promotional period in order to avoid being charged full price after the complimentary trial or promotional period has concluded. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at support@activegrace.com.
Messaging. If you choose to receive messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your exclusive responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your utilization of the Services.
Billing. We may utilize certain third-party payment processors (each a "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account") for utilization of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We encourage you to read the terms, conditions and privacy policies of the Payment Processors through which you purchase the Paid Services. We are not liable for any error by, or other acts or omissions of, the Payment Processor. By choosing to utilize Paid Services, you consent to pay us, through the Payment Processor, all charges, including any applicable taxes and fees, at the prices then in effect for any utilization of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You consent to make payment using your selected Payment Method. We retain the authority to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, App Store (as defined below) or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you consent to pay all amounts due on your Billing Account upon demand.
Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a first-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method, go to account settings.
Current Information Required. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made at account settings. If you fail to provide any of the foregoing information, you consent that we may continue charging you for any utilization of paid services under your billing account unless you have terminated your paid services as set forth above.
Change in Fees. We retain the authority to change our pricing terms at any time but we shall provide notice of the price increase and the date that it will become effective. Pricing changes will be effective only for renewal periods beginning after the effective date of the change as communicated to you. Any agreement you have with your payment provider will govern your utilization of your Payment Method.
Auto-Renewal for Paid Services and Cancellation Process. Any Paid Services you have registered for will be automatically extended for successive renewal periods of the same duration as the membership term originally selected, at the then-current non-promotional rate. To change or cancel your Paid Services at any time, go to your account settings on the Site or on your App Store's membership settings. If you terminate a Paid Service, you may utilize your membership until the end of your then-current term, and your membership will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period. If you do not want to continue to be charged on a recurring monthly or annual basis, you must cancel the applicable paid service through your account settings or terminate your ActiveGrace account before the end of the recurring term. If you created your account through an app store, you must cancel your membership through the app store. Paid services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, ActiveGrace is not obligated to refund (in full or on a prorated basis) any fees that you have already paid.
Resolving Charge Disputes. If you have any concerns or objections regarding charges, you consent to raise them with us first and you consent not to dispute, cancel, reject any credit card or third party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with ActiveGrace by following the instructions on our Help Center and contacting us through our customer support chat system linked in these instructions.
You are able to cease utilizing the Services at any time, including by closing your Account through your Account Preferences. You may seek assistance with this process by contacting us at support@activegrace.com. Please consult our Privacy Policy, as well as the permissions above, to understand how we handle information you provide to us after you have stopped using our Services.
ActiveGrace may also end (or halt access to) your utilization of the Services or your account for any reason at our judgment, including your violation of these Terms. ActiveGrace has the exclusive right to decide whether you are in breach of any of the limitations outlined in these Terms.
Unless you remove your Account, even if you are not currently utilizing the Services and/or you have deleted the App from your device, your Account with us will stay active. Your Account can only be completely closed if you choose to delete your Account in your Account Preferences. Account closure may result in elimination of any Content associated with your Account, so consider this before you decide to close your Account.
If you have removed your account accidentally, reach out to us right away at support@getactivegrace.com – we will attempt to assist, but unfortunately, we cannot guarantee that we can retrieve or reinstate anything.
Clauses that, by their nature, should continue after termination of these Terms will remain after termination. For instance, all of the following will continue after termination: any duty you have to compensate us or hold us harmless, any restrictions on our responsibility, any provisions concerning ownership or intellectual property rights, and clauses about conflicts between us, including but not limited to the arbitration agreement.
You recognize and consent that the accessibility of our App and the Services is reliant on the third-party marketplaces from which you obtain the software, e.g., the App Store from Apple or the Android app market from Google (each an "App Store"). Each App Store may have its own conditions and terms to which you must consent before downloading mobile applications from such marketplace, including the specific provisions relating to Apple App Store outlined below. You consent to follow, and your permission to use our software is contingent on your adherence to, such App Store conditions and terms. To the extent such other conditions and terms from such App Store are more lenient than, or otherwise contradict, the conditions and terms of these Terms of Service, the stricter or contradicting conditions and terms in these Terms of Service control.
These Terms govern your utilization of all the Services, including our App accessible via the Apple, Inc. ("Apple") App Store, but the following supplementary conditions also govern the App:
From time to time ActiveGrace may provide rewards or benefits for recommending others to the Services. The recommending user ("Recommender") may recommend individuals or entities who are neither existing customers of ActiveGrace nor enrolled users of the Services ("Recommended Party"). An enrolled user is a person or entity that already has a current account with ActiveGrace. There is no restriction on the number of recommendations that Recommender can make, nor the total rewards or benefits that the Recommender may obtain through such special promotion, unless otherwise specified in the conditions of the particular recommendation promotion. Recommender will obtain the stated reward or benefit for each Recommended Party sent by the Recommender that fulfills the necessary action outlined in that particular promotion (such as creating an account or making a purchase). All Recommended Parties must be initial recipients of the promotion, and multiple recommendations to the same individual or entity will be ignored. ActiveGrace retains the authority to alter or end any special promotions at any time, to make ultimate determination regarding recommendation promotions and rewards, and to withdraw from Recommender and Recommended Party the special promotion at ActiveGrace's judgment for any reason or for no reason whatsoever. If ActiveGrace concludes that Recommender or Recommended Party is trying to gain unfair advantage or otherwise breach the conditions or spirit of such special promotion, ActiveGrace retains the authority to (a) withdraw any rewards or benefits granted to either Recommender or Recommended Party and/or (b) bill the Recommender or Recommended Party for any rewards or benefits (1) utilized by Recommender or Recommended Party prior to such withdrawal or (2) granted by ActiveGrace to any ineligible Recommender or Recommended Party. All special promotions are governed by any other conditions, terms and limitations outlined on the Services or presented in connection with the special promotion.
ActiveGrace and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (ActiveGrace and all such parties together, the "ActiveGrace Parties") provide no representations or guarantees concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the ActiveGrace Parties will not be accountable or responsible for the precision, copyright compliance, legality, or appropriateness of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of utilization of, or in any way related to your engagement in, the Services. The ActiveGrace Parties provide no representations or guarantees regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. The services and content are provided by ActiveGrace (and its licensors and suppliers) on an "as-is" basis, without guarantees of any kind, either express or implied, including, without limitation, implied guarantees of merchantability, fitness for a particular purpose, non-infringement, or that utilization of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied guarantee lasts, so the above limitations may not apply to you.
ActiveGrace is not a healthcare or medical device provider, nor should our Services be considered medical guidance. Any guidance or other information that may be included in the Services are intended for convenience and informational purposes only. The Services are not intended to be a substitute or replacement for professional medical guidance based on your individual circumstances. We are not responsible or accountable for any consequences of your utilization of any guidance or other information, as you assume complete responsibility for your decisions and actions. While there is third party evidence that meditation can have a beneficial impact on health, we make no assertion, representation, guarantee, or assurance that our Services provide a therapeutic benefit or to the precision, completeness, or suitability for any purpose of the guidance or other materials associated with the Services. If you have existing mental health conditions, you should discuss with your health care provider before starting a meditation practice.
To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall any of the ActiveGrace Parties be responsible to you or to any other person for (a) any indirect, special, incidental, punitive or consequential damages of any kind, including damages for lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results, or computer failure or malfunction, (b) any substitute goods, services or technology, (c) any amount, in the aggregate, in excess of the greater of (i) one-hundred ($100) dollars or (ii) the amounts paid and/or payable by you to ActiveGrace in connection with the Services in the six (6) month period preceding this applicable claim or (d) any matter beyond our reasonable control. Some states or countries do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation and exclusions may not apply to you. The foregoing limitations do not apply where prohibited by applicable law. If you have not paid ActiveGrace any amount in the 12 months immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with ActiveGrace is to stop using the Services and to delete your Account.
You consent to compensate and hold the ActiveGrace Parties harmless from and against any and all claims, obligations, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your utilization of the Services (including any actions taken by a third party using your account), and (b) your breach of these Terms. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your compensation obligations hereunder).
This Agreement shall be controlled by and interpreted in accordance with the laws of England and Wales. Any conflict, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved by binding arbitration conducted by a single independent arbitrator appointed in accordance with the regulations of the London Court of International Arbitration (LCIA). The arbitration shall be conducted in English and shall take place in London, England. The decision of the arbitrator shall be final and binding upon all parties.
You cannot assign, delegate or transfer these Terms or your rights or duties under this agreement, or your Services account, in any manner (by operation of law or otherwise) without ActiveGrace's advance written approval. We may transfer, assign, or delegate these Terms and our rights and duties without approval. You will be accountable for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments connected with your activity related to the Services, provided that ActiveGrace may, in its exclusive judgment, do any of the aforementioned on your behalf or for itself as it deems appropriate. The inability of either you or us to exercise, in any manner, any right contained herein shall not be considered a relinquishment of any additional rights under this agreement. If any clause of these Terms is found to be unenforceable or invalid, that clause will be restricted or removed, to the minimum extent necessary, so that these Terms shall otherwise continue in full force and effect and enforceable. You and ActiveGrace consent that these Terms are the comprehensive and exclusive statement of the mutual understanding between you and ActiveGrace, and that these Terms replace and void all prior written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby recognize and consent that you are not an employee, agent, partner, or joint venture of ActiveGrace, and you do not have any power of any kind to bind ActiveGrace in any respect whatsoever.
Except as explicitly outlined in the sections above concerning the Apple Application and the arbitration agreement, you and ActiveGrace consent there are no third-party beneficiaries intended under these Terms.
Have questions about these Terms of Service or how we handle your rights and obligations? We're here to help.
Reach out to us to discuss your concerns or any questions regarding these Terms and our Services.
support@getactivegrace.com