Terms of service

AKTIIV LLC | TERMS AND CONDITIONS
Last Updated: December 11th, 2024

NOTICE: Please read these terms and conditions carefully. By visiting, viewing, or using this website and/or purchasing products from us, you agree to be bound by these Terms and Conditions, our Privacy Policy, and Refund Policy.

IMPORTANT: Please read the sections titled "Binding Arbitration" and "Class Action Waiver" as they affect your legal rights.

SECTION 1 – OVERVIEW

This website is operated by Aktiiv LLC ("we", "us", or "our"). By accessing or using our website aktiivwear.co (the "Site"), you agree to these Terms and Conditions ("Terms") and all applicable laws and regulations. If you do not agree to these Terms, please refrain from using the Site.

This website and its services are intended for residents of the United States. Any information collected from non-U.S. residents is unintentional, and Aktiiv LLC does not assume responsibility for compliance with foreign data protection regulations.

SECTION 2 – ONLINE STORE TERMS

By using the Site, you represent that you are at least the age of majority in your state or province of residence or have obtained the necessary consent for your minor dependents to use the Site.

You agree not to use our products for any illegal or unauthorized purposes and to comply with all laws in your jurisdiction. A violation of these Terms will result in the immediate termination of your Services.

SECTION 3 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted over various networks. Credit card information is always encrypted during transmission.

You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the Service without our express written permission.

SECTION 4 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible for inaccuracies or outdated information on the Site. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) without notice and will not be liable to you or any third party for such modifications or discontinuations.

SECTION 6 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online and are subject to return or exchange according to our Return Policy. We strive to display our products as accurately as possible, but we cannot guarantee the accuracy of your device's display.

We reserve the right to limit sales by person, geographic region, or jurisdiction, and to limit quantities of any products or services.

SECTION 7 – PRE-ORDERS

When placing a pre-order, you acknowledge and agree to the following:

  1. Payment Terms: Full payment is required at the time the pre-order is placed to secure your item(s).
  2. Estimated Shipping Date: Pre-order items are expected to ship on or after the estimated date listed on the product page (e.g., February 1, 2025). This date is subject to change due to unforeseen circumstances, including but not limited to manufacturing or shipping delays.
  3. No Cancellations: Pre-orders cannot be canceled or refunded once placed, except as required by law or outlined in our Refund Policy.
  4. Communication: We will provide updates on any significant changes to the estimated shipping date. Customers must ensure their email address on file is accurate.
  5. Combined Orders: If you purchase both in-stock and pre-order items in the same transaction, all items will be shipped together once the pre-order item(s) are available, unless otherwise specified. Additional shipping fees may apply for separate shipments.
  6. Liability: Aktiiv LLC is not liable for delays or changes in the shipping timeline. Refunds or exchanges will not be granted for shipping delays unless required by law.

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order. We may limit or cancel quantities purchased per person, per household, or per order. If an order is modified or canceled, we will notify you via the contact information provided at the time of purchase.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

SECTION 9 – OPTIONAL THIRD-PARTY TOOLS

We may provide access to third-party tools over which we have no control. These tools are provided "as is" without warranties, and we shall have no liability for their use. Use of such tools is entirely at your discretion.

SECTION 10 – THIRD-PARTY LINKS

Certain content or services on our Site may include materials from third parties. We are not responsible for examining or evaluating the content of any third-party websites linked to our Site.

SECTION 11 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

By submitting comments or other content to us, you agree that we may edit, copy, publish, distribute, and use your submissions without restriction. We are under no obligation to maintain any submissions in confidence or to compensate you for them.

SECTION 12 – PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy, which complies with applicable U.S. privacy laws, including but not limited to the Oregon Consumer Privacy Act (OCPA), California Consumer Privacy Act (CCPA), and similar state privacy laws.

Residents of California, Virginia, Colorado, Connecticut, Utah, and Oregon have specific rights regarding their personal data, including the right to access, correct, delete, and restrict the processing of their personal information. You may also request information on how your personal data is collected, processed, and shared.

To exercise your rights further, please visit our Data Sale Opt-Out Page to opt out of data sales, sharing, or targeted advertising activities as permitted under applicable state laws, or feel free to contact us at master@aktiivwear.co

SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS

We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice.

SECTION 14 – PROHIBITED USES

You are prohibited from using the Site for any unlawful or immoral purposes, including but not limited to:

  • Harassment or abuse of others.
  • Uploading viruses or malware.
  • Collecting personal information without consent.
  • Engaging in phishing, spamming, or other fraudulent activities.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that the Service will be uninterrupted or error-free. Your use of the Service is at your own risk. The Service and all products provided are "as is" and "as available" without warranties of any kind, express or implied.

Yarn Composition and Safety
Our Proterra™ and Element™ yarns are free of BPA, PFAS, and other harmful chemicals at the time of shipment. The yarns used in Proterra™ and Element™ fabrics are OEKO-TEX® STANDARD 100 certified according to Annex 6, Product Class I, ensuring human safety and environmental compliance.

Proterra™ and Element™ fabrics are proprietary blends we call ecodegradable™ — composed of select yarns that meet one or more of the following criteria:

- Certified biodegradable or compostable under controlled conditions, including TÜV AUSTRIA, ASTM D5511, and ASTM D6691 standards (e.g., TENCEL™ Lyocell and biodegradable polyamide 6.6)

- Engineered for advanced degradation (e.g., Roica™ V550 degradable elastane certified under Cradle to Cradle GOLD and ISO 14855-1)

- 100% certified non-toxic at end-of-life, verified by OEKO-TEX®, Cradle to Cradle™, and life cycle analysis (e.g., plant-based nylon and TENCEL™ Lyocell)

ecodegradable™ Trademark and Positioning
ecodegradable™ is a trademark of Aktiiv LLC and is currently pending registration with the United States Patent and Trademark Office (USPTO). The term refers to certified yarns used in our Proterra™ and Element™ fabrics that either degrade under controlled, lab-tested conditions (such as ASTM D5511, ASTM D6691, and ISO 14855-1) or leave behind zero toxic residues at end-of-life, as verified through Life Cycle Assessment (LCA) and OEKO-TEX® STANDARD 100, Annex 6, Product Class I. The term applies only at the yarn level and does not extend to full fabrics or finished garments. While these yarns are engineered for environmental safety and advanced degradation, äktiiv makes no claims that the full garment will biodegrade in uncontrolled environments such as landfills, oceans, or backyard compost systems. Biodegradation timelines depend on environmental factors beyond our control. All language used by the brand complies with FTC Green Guide standards to ensure accuracy and prevent greenwashing

Limitations of Liability
Aktiiv LLC is not liable for any alterations to the product's condition due to external factors after delivery, including but not limited to exposure to detergents, substances, or environmental conditions beyond our control.

In no case shall Aktiiv LLC be liable for any direct, indirect, incidental, punitive, or consequential damages, except where prohibited by law.

Sustainable Packaging
All äktiiv apparel is shipped using packaging made from certified biodegradable, compostable, and water-soluble materials. This packaging meets U.S. and EU compostability standards (ASTM D6400, EN 13432), is certified to biodegrade under landfill conditions (ASTM D5511), and does not release microplastics or toxic residues upon breakdown. While made from synthetic polymer PVOH, it is classified as non-toxic and environmentally safe under FTIR analysis, Estrogen Equivalent Quantification (EEQ), and OECD 208 soil toxicity testing. Packaging is not recyclable in municipal systems and should be composted or dissolved per disposal instructions.

Shipping Mailer Compostability Disclosure
äktiiv's apparel mailers are made from certified compostable materials derived from PLA (plant starch) and PBAT. Our mailers meet global compostability standards, including:

- OK Compost INDUSTRIAL (EN 13432)

- Home Compostable AS 5810 (ABAP 20201)

- BPI Certified (ASTM D6400)

- DIN CERTCO / TÜV Rheinland

These mailers are designed to biodegrade into water, carbon dioxide, and biomass within 180 days under industrial or home composting conditions. Mailers are not recyclable and should not be placed in municipal recycling bins.

SECTION 16 – THIRD-PARTY TESTING, REPRESENTATION, AND CLAIM USAGE POLICY

All äktiiv™ product claims, sustainability terminology, and material designations — including ecodegradable™ — are governed by the brand's official documentation, including:

  • The äktiiv™ FAQ Page
  • The äktiiv™ ACT Brand Standards Index
  • These Terms and Conditions

Any third-party review, commentary, testing, scientific analysis, or public representation of äktiiv™ products must adhere to the context, terminology, and disclaimers set forth in these documents.

Specifically:

  • äktiiv™ does not make claims of full garment biodegradability, compostability, or plastic-free composition.
  • All biodegradability, advanced degradation and toxicity claims are certified at the yarn level and clearly disclosed as such.
  • The term ecodegradable™ is a pending trademark of Aktiiv LLC and refers strictly to certified yarns meeting specified standards (e.g., ASTM D5511, D6691, ISO 14855-1, OEKO-TEX®, Cradle to Cradle™).

Public misrepresentation, omission of context, or rewording of äktiiv™'s verified brand claims — whether by individuals, institutions, or media — may constitute false advertising, commercial defamation, or reputational harm under U.S. law.

All product evaluations or published references must include:

  1. Accurate descriptions of product composition (as published on our website or packaging)
  2. Correct attribution of claims to certified yarn-level inputs, not to full garments
  3. A link or citation to our official FAQ Page or Terms and Conditions for full context

Failure to adhere to these standards may result in legal action or retraction requests.

For questions, permissions, or formal testing coordination, contact: customercare@aktiivwear.co

For legal restrictions related to scientific testing, reverse engineering, or material analysis of äktiiv™ products, please refer to Section 25 of these Terms and Conditions.

For additional disclosures on FTC-compliant language and certified sustainability claims, please refer to Section 7 of the äktiiv™ FAQ Page titled "How does äktiiv ensure its environmental claims are legally compliant?"

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold Aktiiv LLC, its affiliates, officers, and employees harmless from any claims arising from your violation of these Terms or applicable law.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

SECTION 19 – TERMINATION

These Terms will remain in effect unless terminated by you or us. You may terminate these Terms at any time by ceasing use of the Site. We may terminate your access to the Site for any violation of these Terms without notice.

SECTION 20 – ENTIRE AGREEMENT

These Terms, along with any policies posted by us, constitute the entire agreement between you and Aktiiv LLC, superseding any prior agreements.

SECTION 21 – GOVERNING LAW

These Terms and any disputes arising out of your use of the Site will be governed by and construed in accordance with the laws of the State of Oregon, USA.

SECTION 22 – CLASS ACTION WAIVER AND BINDING ARBITRATION

By using the Site or purchasing products, you agree to resolve any disputes, claims, or controversies arising out of or relating to these Terms, your use of the Site, or your purchase of products exclusively through binding arbitration. This agreement is governed by the Federal Arbitration Act (FAA) and Oregon Revised Statutes (ORS 36.620). Arbitration will be conducted by a single neutral arbitrator and administered by Arbitration Service of Portland, Inc. (ASP) in accordance with its rules and procedures, which can be accessed at https://www.arbserve.com/.

Class Action Waiver: You expressly agree that any arbitration or other legal dispute will be conducted on an individual basis only and not as a class action, collective action, or representative action. You waive your right to participate in any class, collective, or representative proceeding, whether in arbitration, litigation, or otherwise. The arbitrator may not consolidate claims of more than one person or preside over any form of a class proceeding.

Exclusive Remedy: Arbitration shall be your sole and exclusive remedy for any disputes with Aktiiv LLC, except where prohibited by law. If this arbitration agreement is found unenforceable for any reason, any litigation against Aktiiv LLC may be commenced only in state or federal courts located in Washington County, Oregon. You consent to the jurisdiction of such courts for these purposes.

Exceptions to Arbitration Agreement: This arbitration agreement does not apply to claims that are explicitly excluded by applicable law, or to claims for injunctive relief or other equitable remedies to protect Aktiiv LLC's intellectual property or proprietary rights.

SECTION 23 – CHANGES TO TERMS AND CONDITIONS

We reserve the right to modify these Terms at any time. The date of the last revision will be clearly indicated at the top of this page.

SECTION 24 – COPYRIGHT NOTICE & LEGAL CONTENT PROTECTION

All written content within these Terms and Conditions — including structure, language, formatting, and claim language — is the intellectual property of Aktiiv LLC and protected under U.S. copyright law.

This includes but is not limited to:

  • Biodegradability, advanced degradation and toxicity disclaimers
  • Trademark positioning for proterra™, element™, ecodegradable™ and all certification disclosures
  • FAQ Page structures and customer-facing legal copy
  • The format and presentation of sustainability claims within this policy

Unauthorized reproduction, adaptation, distribution, or use of this content — in whole or in part — without written permission is strictly prohibited and will result in legal action.

Aktiiv LLC actively monitors for infringement and reserves the right to pursue takedowns, retractions, or damages in cases of unauthorized use.

SECTION 25 – PRODUCT TESTING, SCIENTIFIC ANALYSIS, AND MATERIAL HANDLING RESTRICTIONS

25.1 Unauthorized Testing and Scientific Analysis
No customer, institution, individual, or third party may analyze, test, disassemble, reverse engineer, or submit any äktiiv™ product or component to laboratory or institutional evaluation, sustainability testing, biodegradability analysis, or scientific review without prior written consent from Aktiiv LLC. Any unauthorized analysis or evaluation shall constitute a material breach of these Terms and may be subject to legal enforcement.

25.2 Prohibition on Material Extraction
Removal, separation, or chemical analysis of individual yarns, fabrics, or layers for the purpose of laboratory identification or component-level testing is strictly prohibited without written authorization. All Proterra™ and Element™ materials are proprietary formulations developed under confidential sourcing and mill-level agreements.

25.3 Certification Scope and Misrepresentation
The certifications cited by äktiiv™ apply specifically to yarn-level components and are not to be misrepresented as full garment certifications unless explicitly stated. All sustainability, safety, and degradation claims are bound by the disclosures made on our official FAQ Page and Terms and Conditions. Misuse or mischaracterization of these certifications in scientific or public forums may constitute commercial defamation or false advertising.

25.4 Jurisdiction and Enforcement
Any violation of this Section may result in injunctive relief, takedown requests, and pursuit of civil damages under the laws of the State of Oregon. Aktiiv, LLC reserves the right to pursue retractions or legal claims for any publication, statement, or scientific communication that breaches these restrictions.

SECTION 26 – GIFT CARD TERMS AND CONDITIONS

26.1 Overview and Acceptance
This Section 26 governs all purchases, issuances, redemptions, and uses of any digital gift card issued by Aktiiv LLC and sold or distributed through aktiivwear.co or any other channel we authorize (each a "Gift Card" and collectively "Gift Cards"). Gift Cards are part of the "Service" as defined in these Terms and Conditions, and all other Sections of these Terms, including but not limited to Sections 15, 16, 21, 22, and 25, apply to Gift Cards except where specifically modified in this Section 26.

By purchasing, receiving, or using a Gift Card, you agree to be bound by this Section 26 in addition to all other applicable terms, policies, and disclosures referenced in these Terms and Conditions. If you do not agree to these Gift Card Terms, do not purchase, accept, or use a Gift Card.

26.2 Issuer and Nature of Gift Cards
A. Issuer. Gift Cards are issued by Aktiiv LLC, a United States entity headquartered in Oregon ("Aktiiv," "äktiiv," "we," "us," or "our").

B. Digital Only. All Gift Cards are currently offered as digital codes delivered electronically. Aktiiv does not issue physical or plastic Gift Cards unless expressly stated otherwise on the Site.

C. Not a Deposit or Credit Instrument. Gift Cards are not bank accounts, credit accounts, debit cards, or credit lines, and are not insured by the Federal Deposit Insurance Corporation (FDIC) or any other governmental agency.

26.3 Purchase, Delivery, and Activation
A. Purchase. Gift Cards may be purchased directly from aktiivwear.co or other channels expressly authorized by us. We are not responsible for and do not support Gift Cards purchased from unauthorized sellers, resellers, or third-party marketplaces.

B. Delivery. Digital Gift Cards are typically delivered electronically to the email address or digital destination provided at checkout after successful payment authorization. Delivery times may vary due to payment processing, fraud checks, system status, or network conditions. Aktiiv does not guarantee delivery within a specific time window.

C. Activation. A Gift Card is activated and available for use once the purchase transaction is successfully processed and the Gift Card code is generated by our system.

26.4 Redemption and Eligible Use
A. Where Redeemable. Gift Cards are redeemable only for eligible products sold directly by Aktiiv through aktiivwear.co (and any successor or replacement site we operate) in the United States, unless we expressly state otherwise in writing. Gift Cards cannot be used for purchases at unauthorized retailers, third-party marketplaces, or any websites or locations not under our control.

B. How Redeemed. To redeem a Gift Card, the recipient must enter the valid Gift Card code at checkout. If the purchase amount exceeds the Gift Card balance, the remaining amount must be paid with another accepted payment method.

C. No Cash Redemptions. Gift Cards are not redeemable for cash, except where required by applicable law, including state gift card cash-out laws. Where such laws apply, redemptions will be honored in the minimum amounts required and only in those jurisdictions.

D. Product Availability and Limitations. Redemption is subject to product availability, our standard Terms and Conditions, and any applicable promotional or offer terms in effect at the time of redemption. We reserve the right to exclude certain products or services from Gift Card redemption where required by law or as disclosed in specific promotional terms.

26.5 Balance, Fees, and Expiration
A. Balance. The value of a Gift Card is the balance associated with the Gift Card code in our system, not any printed or displayed amount in marketing materials or creative. You may obtain information about the remaining balance by logging into your account, checking at checkout, or contacting our customer service team as provided in Section 27.

B. No Fees. We do not charge activation fees, service fees, dormancy fees, or maintenance fees on Gift Cards.

C. No Expiration. Gift Cards issued by Aktiiv do not expire. Any contrary statement from an unauthorized seller or third party is invalid and not binding on us.

26.6 Reloads, Transfers, and Resale
A. Non-Reloadable by Customer. Unless expressly permitted on the Site, customers cannot reload or add funds to an existing Gift Card.

B. Non-Transferable for Value. Gift Cards may not be resold, transferred for value, or used in any manner that suggests they are a substitute for cash, payment of debts, or money transmission, except as permitted by law.

C. Prohibited Uses. Gift Cards must not be used to pay government fees, fines, penalties, taxes, medical bills, utilities, bail, or any other obligations where gift cards are commonly requested as part of fraud or scams. Any such request should be treated as suspicious and reported to law enforcement and to Aktiiv.

26.7 Risk of Loss, Unauthorized Use, and Fraud
A. Risk of Loss. Title and risk of loss for a Gift Card pass to the purchaser upon our electronic transmission of the Gift Card code to the purchaser or the designated recipient, or upon our delivery to a third-party carrier if we ever issue physical Gift Cards. You are responsible for protecting the Gift Card code from loss, theft, or unauthorized access.

B. No Replacement Obligation. We are not obligated to replace or refund any Gift Card that is lost, stolen, damaged, altered, or used without your permission. Any replacement will be at our sole discretion and may require proof of purchase and other verification.

C. Fraud and Abuse. We reserve the right, without notice, to suspend, void, deactivate, or refuse to honor any Gift Card or transaction if we suspect or determine that a Gift Card was obtained, used, or applied to a purchase fraudulently, unlawfully, or in violation of these Terms and Conditions, including this Section 26. We may also suspend or terminate user accounts, decline orders, or seek alternative payment methods where fraudulent behavior is suspected.

26.8 Refunds, Returns, and Chargebacks
A. Final Sale of Gift Cards. Except where required by law, the purchase of a Gift Card is final and non-refundable. Gift Cards cannot be returned or exchanged for cash or credit.

B. Returns of Merchandise Purchased with Gift Cards. If you return merchandise originally purchased with a Gift Card, any refund will be issued as store credit or as a new Gift Card, subject to our Refund Policy and applicable law. We will not provide cash refunds for amounts originally paid using a Gift Card, except where required by law.

C. Chargebacks. If a payment used to purchase a Gift Card is later subject to chargeback, dispute, or reversal, we reserve the right to cancel the associated Gift Card or deduct the corresponding amount from the Gift Card balance or from any other Gift Card or account under your control.

26.9 Disputes, Governing Law, and Arbitration
Any dispute, claim, or controversy arising out of or relating to the purchase, issuance, or use of a Gift Card will be governed by Section 21 (Governing Law) and resolved in accordance with Section 22 (Class Action Waiver and Binding Arbitration) of these Terms and Conditions. You acknowledge and agree that the arbitration and class action waiver provisions in Section 22 apply fully to any dispute involving Gift Cards or transactions made with Gift Cards.

SECTION 27 – CONTACT INFORMATION

For any questions or concerns regarding these Terms, please contact us at:

Aktiiv LLC
4804 NW Bethany Blvd, Suite I-2 #144
Portland, OR 97229
United States

Email: master@aktiivwear.co