1.About these terms
These terms are an agreement between you and SOZANCE TECHNOLOGIES LLC ("Upform", "we", "us") for the Upform mobile app, the service that backs up and syncs your data, and our website at upform.fitness (together, the "Service").
By creating an account or using the Service, you agree to these terms. If you don't agree, don't use the Service. Our Privacy Policy explains how we handle your information.
2.Health and safety
Upform is not medical advice
Upform provides general fitness information and tools to plan and log your training. It is not a medical device and does not diagnose, treat or prevent any condition. Nothing in the Service is medical, nutritional or professional coaching advice.
Talk to a doctor before you start any exercise programme or change your diet, especially if you are pregnant, have recently given birth, are recovering from an injury or illness, take medication, or have a heart, lung, joint or other medical condition.
Stop exercising straight away if you feel pain, dizziness, faintness, shortness of breath or chest discomfort, and get medical help if you need it. In an emergency, call your local emergency number.
About your plan and the numbers in the app
- Your starter plan is generated automatically from your answers. It has not been prepared or reviewed for you by a coach, physiotherapist or doctor, and it can't take account of anything you didn't tell us.
- Body mass index (BMI) and estimated daily calories are rough estimates from general formulas. They don't account for muscle mass, body composition, age-related changes or health conditions, and adult BMI ranges are not a reliable guide for anyone under 18.
- Exercise descriptions and illustrations show general technique. They may not suit your body, ability or equipment.
Your responsibility
- Choose weights, repetitions and rest that are safe for you, and adjust or skip any exercise that doesn't feel right.
- Use equipment as its maker intends, check it before use, train in a safe space and use a spotter or safety equipment for heavy lifts.
- Warm up, stay hydrated and progress gradually.
Physical exercise carries a risk of injury. To the extent the law allows, you take part in any activity you choose to do with the Service at your own risk. This does not limit our responsibility for anything the law doesn't allow us to exclude (see Limitation of liability).
3.Who can use Upform
You must be at least 18 years old, and old enough to agree to these terms where you live, to use the Service. If you are under the age of majority where you live, you may use it only with the permission of a parent or guardian, who agrees to these terms for you.
4.Your account
- You need an account to use the app. You sign in with your email address and a one-time code we email to you.
- Keep access to your email account secure: anyone who can read your email can sign in to your Upform account.
- An account is for one person. Give us accurate information and keep it up to date.
- Tell us at hello@upform.fitness straight away if you think someone else has used your account.
5.The Service
We give you a personal, non-exclusive, non-transferable, revocable licence to use the app on devices you own or control, for your own non-commercial use, in line with these terms and the rules of the store you downloaded it from.
- Offline and sync. The app saves your data on your phone and backs it up to your account when you're online. Changes made offline upload later. If two devices change the same item, the app may ask you which version to keep.
- Keep your own copy of anything important. We work hard to keep your data safe, but we can't guarantee it will never be lost.
- Changes. We may add, change or remove features. If a change significantly reduces what you can do, we will tell you in advance where reasonably possible.
- Availability. We aim to keep the Service available, but it may be interrupted for maintenance, updates or reasons outside our control.
6.Fees
The Service is currently free. It has no subscriptions or in-app purchases. If we introduce paid features, we will show the price and terms clearly before you pay, and you won't be charged for anything you haven't agreed to buy.
7.Your content
The plans, workouts, notes, weigh-ins and other information you add ("your content") belong to you.
You give us permission to store, copy, process and display your content only as needed to provide the Service to you, for example to back it up and sync it to your devices. This permission ends when your content is deleted from our systems, as described in the Privacy Policy.
You are responsible for your content. Don't add anything you don't have the right to use, or that is unlawful.
8.Acceptable use
When you use the Service, you must not:
- break the law or anyone else's rights;
- access another person's account or data, or try to;
- probe, scan or test the Service's security, or get around any limit or protection, except as part of a responsible disclosure to us;
- overload or disrupt the Service, or access it with automated tools other than the app;
- copy, scrape or extract the exercise library or other content in bulk, or offer it as a dataset or service;
- copy, modify, reverse engineer or resell the app, except where the law gives you a right to do so.
9.Our content and third-party content
The Service, including the app, its design, the Upform name and logo and our own content, belongs to us or our licensors and is protected by intellectual property laws. These terms don't give you any rights to it except the licence above.
The exercise library is based on exercises-dataset, used under the MIT licence. The source is credited on each exercise's page in the app.
The Service may link to other websites. We aren't responsible for their content or practices.
10.Ending your use
You can stop using the Service at any time, and delete your account as described in the Privacy Policy.
We may suspend or close your account if you seriously or repeatedly break these terms, if the law requires it, or to protect other users or the Service. Unless the law or a security risk prevents it, we will tell you why and give you a chance to respond. If we stop offering the Service altogether, we will give you reasonable notice.
Sections that by their nature should continue after these terms end will continue, including those on your content, disclaimers, liability and disputes.
11.Disclaimers
To the extent the law allows, the Service is provided "as is" and "as available". We don't promise that it will be uninterrupted, error-free or always secure, that it will meet your needs, or that you will achieve any particular fitness result.
If you are a consumer, you have legal rights that these terms can't take away, such as the right to services provided with reasonable care and skill. Nothing in these terms affects those rights.
12.Limitation of liability
Nothing in these terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- anything else that can't be limited or excluded by law.
Subject to that, and to the extent the law allows:
- we are not liable for indirect or consequential losses, or for loss of profits, business or opportunity;
- we are not liable for injury, illness or loss that results from you exercising, except where caused by our negligence or breach of these terms;
- our total liability to you for all claims relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim and USD 100.
13.Governing law and disputes
These terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law rules. Disputes will be resolved by the state and federal courts located in Wyoming, United States.
If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in your local courts.
Before starting any formal claim, please contact us at hello@upform.fitness so we can try to resolve the issue informally.
14.Apple App Store
If you downloaded the app from Apple's App Store:
- These terms are between you and us, not Apple. We, not Apple, are solely responsible for the app and its content.
- Your licence to use the app is limited to Apple-branded products you own or control, as allowed by the App Store's Usage Rules.
- Apple has no obligation to provide maintenance or support for the app. Contact us for support.
- If the app fails to meet any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the extent the law allows, Apple has no other warranty obligation for the app.
- We, not Apple, are responsible for handling any claims relating to the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, and consumer protection claims.
- If anyone claims the app infringes their intellectual property rights, we, not Apple, are responsible for investigating, defending and settling that claim.
- You confirm that you are not located in a country subject to a US Government embargo or designated as "terrorist supporting", and that you are not on any US Government list of prohibited or restricted parties.
- You must also follow any third-party terms that apply to you when using the app.
- Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
15.Changes to these terms
We may update these terms, for example when we change the Service or the law changes. We will change the "Last updated" date above and, for significant changes, tell you in the app or by email before they take effect. If you don't agree to the new terms, you can stop using the Service and delete your account.
16.General
- These terms and the Privacy Policy are the whole agreement between you and us about the Service.
- If a court finds part of these terms unenforceable, the rest stays in effect.
- If we don't enforce a right straight away, we can still enforce it later.
- We may transfer our rights and obligations under these terms to another organisation that takes over the Service, and will tell you if we do. This won't reduce your rights. You may not transfer yours without our agreement.
17.Contact us
- Email: hello@upform.fitness
- Post: SOZANCE TECHNOLOGIES LLC, 30 N Gould St, STE R, Sheridan, WY 82801, United States