UPSHIFT Terms of Use
These Terms of Use ("Terms") are an agreement between you and [Operator legal name] ("UPSHIFT", "we", "us"), [postal address]. They apply to the UPSHIFT apps for iPhone/iPad and Android and to any UPSHIFT account or subscription.
Please read them together with the Training Disclaimer, which is part of these Terms, and the Privacy Policy, which explains how we handle your information.
1. Accepting these Terms
Before you start training, the app asks you to confirm that you have read and agree to these Terms and the Training Disclaimer. If you do not agree, do not use UPSHIFT.
When we publish a new version, the app shows it and asks you to accept it again before you continue. If you do not accept the new version, you can stop using the app and still export or delete your data (see the Privacy Policy).
2. Young athletes and parents or guardians
UPSHIFT is designed for school-age athletes, so many of our users are under 18.
- If you are under 18, review these Terms and the Training Disclaimer with a parent or guardian before you use UPSHIFT. The app asks you to confirm that you have. In many places, a parent or guardian must agree on your behalf, and they are responsible for supervising your use.
- If you are 12 or younger, UPSHIFT works only on your device: you cannot create an account or use cloud backup. A parent or guardian should help you set up and use the app.
- Parents and guardians: by letting your child use UPSHIFT, you agree to these Terms on their behalf where the law allows, and you agree to help them train safely.
3. What UPSHIFT is (and is not)
UPSHIFT gives general training information, suggested sessions, planning tools and progress tracking. It is not individual coaching, medical advice or a substitute for supervision by a qualified adult. Programs are original UPSHIFT programming based on principles from published youth-training guidance and have not been reviewed or approved by a coach. Full details are in the Training Disclaimer.
4. Using UPSHIFT on your device
UPSHIFT works offline. Your profile and training are saved on your device unless you choose to create an account. You are responsible for your device, keeping it secure and making your own copies if you need them (the app can export your data to a file).
5. Optional account, backup and sync
You can create an account with your email address. We send you a 6-digit code to sign in. An account lets you back up your data and continue on another device. Backup and sync may require a paid subscription. Keep access to your email secure; anyone who can read your sign-in codes can access your account.
You can delete your account at any time in the app (You › Account & backup). Deleting your account does not cancel a subscription: cancel it first in your App Store or Google Play settings.
6. Subscriptions and payments
Some features are part of a paid subscription ("UPSHIFT Athlete"). If offered:
- UPSHIFT Athlete is a single monthly subscription. Purchases are made and paid for through Apple's App Store or Google Play, and their terms and payment rules also apply. We never see your card or bank details. You need an UPSHIFT account to subscribe.
- The price is set and shown by the store, in your currency, before you buy. Taxes may be added or included as the store shows.
- New subscribers may get a free trial (currently 7 days) if the store says they are eligible. When the trial ends, it turns into a paid monthly subscription unless you cancel in time:
- App Store: cancel at least 24 hours before the end of the trial. Payment is charged to your Apple Account when the trial ends.
- Google Play: cancel before the trial ends.
- The subscription renews automatically every month until you cancel. On the App Store, cancel at least 24 hours before the end of the current period; on Google Play, cancel before the end of the current period. You keep access until the end of the period you have paid for.
- You manage and cancel your subscription in the store where you bought it: on iPhone or iPad in your Apple Account settings (Subscriptions), and on Android in Google Play (Payments & subscriptions › Subscriptions). Deleting the app or your UPSHIFT account does not cancel it.
- Refunds are handled by Apple or Google under their policies, not by us, except where the law requires otherwise.
- A subscription is linked to your UPSHIFT account, so it can unlock the same features on the other platform when you sign in to the same account.
- Your recorded training history and data export stay available even if your subscription ends.
- Minors: under-18s must get a parent's or guardian's permission before subscribing or starting a free trial. Parental approval tools offered by Apple (Ask to Buy) and Google (Google Play parental controls and purchase approvals) may apply. Athletes 12 and younger cannot create an account and so cannot subscribe.
[Lawyer to confirm the cancellation wording against current Apple and Google rules and local consumer law, including any right of withdrawal.]
Family access codes
We may give family access codes to people we choose. A family access code unlocks UPSHIFT Athlete on an UPSHIFT account without payment.
- Family access codes are free. They are not sold, have no cash value and cannot be exchanged for money, refunds or other products.
- A code is personal and non-transferable. Do not share, sell, resell, trade or publish it. Each account can redeem a given code only once, and a code may have a limited number of uses.
- You need a signed-in UPSHIFT account to redeem a code. On Android you redeem it in the app; on iPhone or iPad you redeem it on our web page and then sign in to the app with the same email.
- Access from a code may last for a set number of days or have no end date, as stated when the code is given. Codes can expire, and we can revoke a code at any time, for example if it was shared or misused. Revoking a code stops new redemptions and may also end access already granted by it.
- Redeeming a code never shortens access you already have. If you also have a paid subscription, it keeps renewing and being charged by the store until you cancel it there.
- We limit how often an account can try to redeem codes, to prevent guessing.
- Under-18s should ask a parent or guardian before redeeming a code.
7. Acceptable use
Please use UPSHIFT only for your own personal, non-commercial training. Do not:
- try to access another person's account or data;
- interfere with, overload, reverse engineer or attack the app or our servers, except where the law allows this despite these Terms;
- copy, sell or republish UPSHIFT programs, exercise content, artwork or branding;
- use UPSHIFT in a way that breaks the law or puts other people at risk.
8. Your data and content
Your training data belongs to you. You give us permission to store and process it only as needed to run UPSHIFT for you (for example, to back it up and sync it when you have an account), as described in the Privacy Policy. You can export or delete it at any time.
9. Our content and intellectual property
The UPSHIFT name, logo, programs, exercise descriptions, artwork, app design and software are owned by [Operator legal name] or its licensors and are protected by law. We give you a personal, non-transferable, revocable licence to use the app under these Terms. Some parts of the app use third-party open-source software and fonts under their own licences, listed in the app under You › About.
10. Changes, availability and ending use
- We may update, change or remove features or content. We try to keep the app working offline, but we do not promise that UPSHIFT or any feature will always be available or error-free.
- You can stop using UPSHIFT at any time, and you can delete your data and account in the app.
- We may suspend or close an account that breaks these Terms or the law. Where possible, we will tell you first and give you a chance to export your data.
11. Disclaimers
To the extent permitted by law, UPSHIFT is provided "as is" and "as available". We do not promise that it will meet your needs, that its information is complete or suitable for you, or that it will prevent injury. Your rights under consumer protection law are not affected.
12. Limitation of liability
To the extent permitted by law:
- [Operator legal name] is not liable for indirect, incidental or consequential losses, or for loss of data you did not back up or export; and
- our total liability for any claim relating to UPSHIFT is limited to the greater of the amount you paid us for UPSHIFT in the 12 months before the claim or [amount and currency].
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law (for example, in some places, liability for death or personal injury caused by negligence, or for fraud). Some of these limits may not apply to you, including because of your age or where you live.
13. App store terms
These Terms are between you and [Operator legal name], not Apple or Google. Apple and Google are not responsible for UPSHIFT or its content, except for their own obligations under their store terms. [Lawyer to confirm any minimum terms required by the Apple Standard EULA and Google Play policies.]
14. Law and disputes
These Terms are governed by the laws of [jurisdiction], except where the law of the place you live gives you rights that cannot be changed by agreement. Disputes will be handled by the courts of [jurisdiction], unless the law gives you the right to bring a claim where you live. Please contact us first so we can try to solve the problem.
15. Contact
[Operator legal name], [postal address], [contact email].