Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Upster mobile application, companion Apple Watch app, and home-screen widget (collectively, "Upster" or the "App"), provided by Oliver Welman ("we," "us," or "our"). By downloading, installing, or using Upster, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. Eligibility

You must be at least 13 years old to use Upster. If you are under the age of majority in your jurisdiction, you must have permission from a parent or legal guardian. You represent that the information you provide during onboarding (active hours, sit-tolerance level, optional Apple Health authorization) is accurate.

2. The Service

Upster helps you reduce uninterrupted sitting time by:

• Detecting prolonged stillness via Apple Health step data and Core Motion.
• Sending reminders ("nudges") when you have been seated longer than your configured threshold.
• Verifying break completion using Apple Health and motion data so timers only reset on real movement.
• Providing a chair-monster game layer, streak tracking, and progress statistics as motivational scaffolding.
• Optionally surfacing the same state on Apple Watch and through a home-screen widget.

Upster is a movement-prompting tool. It is not a medical device, fitness tracker certified for clinical use, or a substitute for professional medical advice. Do not rely on Upster for any health decision. Consult a qualified healthcare provider before changing any aspect of your activity, posture, or movement based on the App.

3. Subscription, Free Trial, and Billing

3.1 Paid access required

Full access to Upster requires an auto-renewing subscription purchased through Apple's In-App Purchase system. We currently offer:

• Annual plan: $69.99 per year (approximately $5.83 per month), billed once every 12 months.
• Monthly plan: auto-renewing monthly at the price displayed in the App.

Pricing displayed inside the App reflects your local App Store currency and may differ from the figures above due to Apple's regional pricing matrix.

3.2 Free trial

The annual plan includes a 7-day free trial for first-time subscribers. During the trial:

• You are not charged.
• You have full access to all features available to paid subscribers.
• You may cancel at any time before the trial ends with no charge.
• If you do not cancel before the trial ends, your Apple ID will automatically be charged the annual subscription fee, and the subscription will renew annually thereafter until cancelled.

3.3 Billing through Apple

All purchases are processed by Apple via your iTunes/App Store account. Payment is charged at confirmation of purchase or at the end of the free trial. Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

You can manage your subscription, change your plan, or turn off auto-renewal at any time in Settings → Apple ID → Subscriptions on your device. We do not control these settings and cannot cancel a subscription on your behalf.

3.4 Refunds

We do not issue refunds directly. Refund requests for App Store subscriptions must be submitted to Apple via reportaproblem.apple.com. Apple's refund policy applies.

3.5 Restoring purchases

If you reinstall Upster or use it on a new device signed into the same Apple ID, tap Settings → Restore Purchases in the App to re-activate your subscription. Restoration relies entirely on Apple's receipt validation.

3.6 Price changes

We may change subscription prices for new subscribers at any time. For existing subscribers, any price increase will be communicated in advance per Apple's price-increase rules; you will have the opportunity to accept or cancel before the new price takes effect.

4. Apple Health, Motion, and Calendar Permissions

Upster works best with permission to read certain on-device data. All such permissions are optional, requested in context, and may be revoked at any time in iOS Settings. Specifically:

• Apple Health (read-only, step count): used to detect movement and verify breaks. We never write to Apple Health.
• Motion & Fitness (Core Motion): used as a fallback when Apple Health is unavailable, and to confirm that a break involved actual standing/walking.
• Calendar (read-only, optional): if you opt in, Upster reads your calendar locally to suppress nudges during meetings. Event details never leave your device.
• Notifications: required for nudges. You can adjust style and timing in iOS Settings.

We do not transmit Health, Motion, or Calendar data to any server. See the Privacy Policy for details.

5. Your Conduct

You agree not to:

• Reverse-engineer, decompile, or attempt to extract the source code of the App, except to the extent expressly permitted by applicable law.
• Use the App in any manner that could interfere with, disrupt, or place an unreasonable burden on the App or any associated services.
• Circumvent, disable, or otherwise interfere with security-related or subscription-validation features of the App.
• Use the App to violate any applicable law, regulation, or third-party right.

6. Intellectual Property

Upster, including its name, logo, chair-monster artwork, copy, and software, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the App on Apple-branded devices you own or control, solely for your personal, non-commercial use, subject to these Terms and Apple's Licensed Application End User License Agreement.

7. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT MOVEMENT DETECTION OR HEALTH READS WILL BE ACCURATE OR COMPLETE.

UPSTER IS NOT A MEDICAL DEVICE OR HEALTHCARE SERVICE. NOTHING IN THE APP CONSTITUTES MEDICAL ADVICE. YOU ARE RESPONSIBLE FOR YOUR OWN HEALTH AND ACTIVITY DECISIONS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE APP WILL NOT EXCEED THE AMOUNT YOU PAID US (THROUGH APPLE) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY US DOLLARS ($50), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

9. Indemnification

You agree to indemnify and hold us harmless from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your use of the App, (b) your violation of these Terms, or (c) your violation of any law or third-party right.

10. Termination

We may suspend or terminate your access to the App at any time for any reason, including violation of these Terms. You may stop using the App at any time. Termination does not entitle you to a refund of any subscription fees already paid. Sections 6 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law), and 12 (Miscellaneous) survive termination.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the App will be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of those courts.

If you are a consumer in a jurisdiction whose law gives you the right to bring claims in your local courts, this section does not override that right.

12. Apple-Specific Terms

You acknowledge that these Terms are concluded between you and us, and not with Apple Inc. ("Apple"), and that we — not Apple — are solely responsible for the App and its content. Notwithstanding the foregoing:

• Apple has no obligation to furnish any maintenance or support services with respect to the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
• We, not Apple, are responsible for addressing any product warranty claims, product-liability claims, claims that the App fails to conform to legal or regulatory requirements, or any third-party claim that the App or your use of it infringes that third party's intellectual property rights.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated in-app or by updating the "Last updated" date above. Continued use of the App after changes take effect constitutes acceptance.

14. Contact

Questions, support requests, or notices under these Terms:

Email: team@getupsters.com