Terms and Conditions

Last updated: February 3, 2026

Please read these Terms and Conditions ("Terms") carefully before accessing or using the Upp website, mobile application, or related services (collectively, the "Service"). These Terms form a legally binding agreement between you and Upp ("Company," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

1. Eligibility and Account Responsibility

You must be at least 13 years old to use the Service. If you are under 18, you may use the Service only with the consent and supervision of a parent or legal guardian, who agrees to be responsible for your use. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2. Nature of the Service; No Professional Advice

Upp provides productivity, alarm, and activity-verification tools designed to encourage user engagement and habit formation. The Service does not provide medical, fitness, mental health, or professional advice. The Service is provided for general informational and motivational purposes only. Upp does not guarantee outcomes, performance, or results, and you acknowledge that any actions taken using the Service are done at your own discretion and risk. You should consult qualified professionals before making health, fitness, or lifestyle decisions.

3. Visual AI and Camera Use

The Service may use on-device visual AI technology to verify user actions required to unlock or dismiss certain features. The camera is used solely in real time. Upp does not record, store, transmit, upload, or retain photos, videos, or visual data. All processing occurs locally on your device and is never stored. Upp does not perform facial recognition and does not collect biometric identifiers. Camera permissions may be revoked at any time through your device settings.

4. Subscriptions, Billing, and Payments

Certain features may require paid subscriptions or in-app purchases. Payments are processed through third-party platforms such as the Apple App Store or Google Play Store, and their terms govern billing, renewals, cancellations, and refunds. Subscriptions automatically renew unless canceled in accordance with the applicable platform's policies. Upp does not control payment processing or refund decisions made by third-party platforms.

5. Acceptable Use, Competitive Use, and Prohibited Conduct

You agree not to use the Service for unlawful, harmful, or abusive purposes, to interfere with the operation of the Service, or to violate applicable laws or regulations.

You further agree that you will not access, use, or attempt to use the Service for the purpose of developing, testing, training, benchmarking, analyzing, replicating, or creating any product or service that is competitive with or substantially similar to the Service.

You may not reverse engineer, decompile, disassemble, translate, derive source code from, or otherwise attempt to extract the underlying structure, algorithms, logic, workflows, user experience, visual design, system architecture, notification logic, alarm mechanisms, visual AI workflows, motion verification processes, screen-time integrations, or operational methods of the Service.

You may not use the Service to observe, analyze, or replicate features, functionalities, design elements, feature combinations, or system behavior for competitive or commercial purposes. You may not use the Service, directly or indirectly, to train, improve, validate, or benchmark any artificial intelligence, machine learning, computer vision, or automation system intended to compete with the Service.

Any unauthorized use of the Service for competitive analysis, replication, or misappropriation of proprietary technology constitutes a material breach of these Terms. Upp reserves the right to suspend or terminate access immediately and to pursue injunctive relief, damages, and any other remedies available under law.

6. Intellectual Property and Proprietary Rights

All rights, title, and interest in the Service, including software, code, system architecture, workflows, AI pipelines, visual design, user interfaces, trademarks, and proprietary technology, are owned exclusively by Upp or its licensors and are protected by intellectual property laws, including trade secret law, unfair competition law, and patent-pending protections.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial use only, subject to these Terms. No rights are granted except as expressly stated.

7. Third-Party Services

The Service may include links to or integrations with third-party services. Upp does not control and is not responsible for third-party content, functionality, availability, or practices. Your use of third-party services is at your own risk and subject to their respective terms.

8. Termination

Upp may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or if continued access poses a risk to the Service, the Company, or other users. Upon termination, all rights granted to you immediately cease.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPP DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. UPP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION. IN NO EVENT SHALL UPP'S TOTAL LIABILITY EXCEED THE GREATER OF THE AMOUNT YOU PAID TO UPP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS (USD $100).

11. Arbitration Agreement, Class Action Waiver, and IP Carve-Out

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Except as expressly provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall take place in California unless otherwise required by law.

You and Upp agree that claims must be brought in an individual capacity only and that you waive the right to participate in class actions, collective actions, or representative proceedings.

Notwithstanding the foregoing, Upp may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, proprietary technology, confidential information, trade secrets, or to prevent unauthorized copying, reverse engineering, or competitive misuse of the Service. This provision survives termination of these Terms.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

13. Severability and Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Failure to enforce any right is not a waiver of that right.

14. Changes to These Terms

Upp may update these Terms from time to time. Material changes will be posted on this page with an updated "Last updated" date. Continued use of the Service after changes constitutes acceptance of the revised Terms.

15. Contact Information

If you have questions about these Terms, you may contact us at team@getupp.ai.