EULA
# End User License Agreement (EULA)
**Last Updated:** March 27, 2026
This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User", "you", or "your") and Mavapps ("Licensor", "we", "us", or "our") for the Upriq mobile application ("App", "Software", or "Application").
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE APP.
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## 1. Grant of License
### 1.1 License Grant
Subject to your compliance with this EULA, Mavapps grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Download and install the App on iOS devices that you own or control
- Use the App for personal, non-commercial purposes
- Access features and content available to your subscription tier (Free or Pro)
### 1.2 License Restrictions
This license does NOT grant you the right to:
- Use the App for commercial purposes
- Copy, modify, or create derivative works of the App
- Reverse engineer, decompile, or disassemble the App
- Remove, alter, or obscure any proprietary notices or labels
- Distribute, sublicense, rent, lease, or lend the App
- Use the App in violation of any applicable laws or regulations
### 1.3 Reservation of Rights
Mavapps reserves all rights not expressly granted to you in this EULA. The App is licensed, not sold.
---
## 2. Scope of License
### 2.1 Free Version License
The free version grants you access to:
- Basic posture tracking functionality
- Limited daily session tracking
- Core notification features
- Basic progress statistics
### 2.2 Pro Version License
Upon purchasing an Upriq Pro subscription, you gain access to:
- Unlimited daily sessions
- Real-time MAXX Score tracking
- Streak tracking and protection
- Posture quests and challenges
- Leaderboard access
- Premium character skins
- Custom alert sounds
- All future Pro features added during your subscription period
### 2.3 License Duration
- **Free Version:** License continues until you uninstall the App or we terminate the Service
- **Pro Version:** License for Pro features continues during active subscription period
- Upon subscription cancellation or expiration, Pro features will become inaccessible
- You retain access to free features after Pro subscription ends
---
## 3. Intellectual Property Rights
### 3.1 Ownership
The App and all intellectual property rights therein are and shall remain the sole and exclusive property of Mavapps, including but not limited to:
- **Software Code:** Source code, object code, algorithms, and architecture
- **Design Elements:** User interface, graphics, visual design, and layout
- **Content:** Text, images, sounds, animations, and videos
- **Trademarks:** "UPRIQ", "MAXX Score", logos, and brand elements
- **Methodologies:** Posture tracking algorithms, scoring systems, and calibration methods
- **Data Models:** XP system, quest structures, and achievement frameworks
### 3.2 No Transfer of Ownership
This EULA does not transfer any ownership rights to you. You acknowledge that you are obtaining only a limited license to use the App.
### 3.3 Third-Party Components
The App may contain third-party software components subject to separate license terms:
- Apple iOS SDK (Apple Inc.)
- Firebase SDK (Google LLC)
- RevenueCat SDK (RevenueCat Inc.)
Your use of these components is subject to their respective license agreements.
### 3.4 Open Source Components
Any open source software included in the App is subject to the applicable open source licenses. Those licenses are available upon request at support@mavapps.com.
---
## 4. User-Generated Content
### 4.1 Local Data
- Session history, progress data, and statistics are stored locally on your device
- You retain ownership of this data
- We do not claim any ownership rights to your local data
- This data is automatically deleted when you uninstall the App
### 4.2 Feedback and Suggestions
If you provide feedback, suggestions, or ideas about the App:
- You grant Mavapps a perpetual, irrevocable, worldwide, royalty-free license to use this feedback
- We may incorporate your suggestions without any obligation to compensate you
- We are under no obligation to implement any feedback you provide
### 4.3 Analytics Data
- Anonymous usage data and analytics are collected through Firebase
- This data is used to improve the App and understand user behavior
- See our Privacy Policy for details on data collection and use
---
## 5. Subscription Terms
### 5.1 Subscription Purchase
- Upriq Pro is offered as an auto-renewing annual subscription
- Payment is charged to your Apple ID account upon purchase confirmation
- Subscriptions are managed through the Apple App Store
### 5.2 Free Trial
- New users may be offered a free trial period (typically 3-7 days)
- You will not be charged during the free trial period
- If you do not cancel before the trial ends, you will be charged the subscription fee
- Any unused portion of the trial is forfeited upon purchasing a subscription
### 5.3 Automatic Renewal
- Subscriptions automatically renew unless auto-renew 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
- The renewal cost will be the same as your original subscription price unless we notify you otherwise
### 5.4 Managing Subscriptions
You can manage and cancel your subscription by:
1. Opening the Settings app on your iOS device
2. Tapping your name at the top
3. Selecting "Subscriptions"
4. Finding Upriq and tapping "Cancel Subscription"
Alternatively, manage subscriptions through:
- App Store app → Account icon → Subscriptions
- iTunes on computer → Account → View My Account → Subscriptions
### 5.5 Cancellation
- You may cancel your subscription at any time
- Cancellation takes effect at the end of the current billing period
- You will retain Pro access until the end of the paid period
- No refunds or credits for partial periods
### 5.6 Price Changes
- We may change subscription prices at any time
- Price changes for existing subscribers will take effect upon renewal
- We will notify you of price changes at least 30 days in advance
- You may cancel your subscription if you disagree with the price change
---
## 6. System Requirements and Compatibility
### 6.1 Minimum Requirements
To use Upriq, you must have:
- **Device:** iPhone or iPad running iOS 17.0 or later
- **Storage:** At least 100 MB of available storage
- **Network:** Internet connection for initial setup and subscription management
- **Hardware:** One of the following compatible headphones:
- AirPods Pro (1st or 2nd generation)
- AirPods (3rd generation)
- AirPods Max
- Beats Fit Pro
### 6.2 Feature Availability
- AirPods tracking requires compatible headphones and motion sensor permissions
- Some features may not be available in all regions
- Feature availability may vary based on iOS version and device capabilities
### 6.3 Updates and Compatibility
- We may release updates to improve compatibility, fix bugs, or add features
- Some updates may require newer versions of iOS
- We may discontinue support for older iOS versions without notice
- You are responsible for maintaining a compatible device and OS version
---
## 7. Health and Safety Disclaimers
### 7.1 Not a Medical Device
IMPORTANT: Upriq is a wellness and fitness application, NOT a medical device.
The App:
- Is designed for general wellness and fitness purposes only
- Is NOT intended to diagnose, treat, cure, or prevent any disease
- Is NOT a substitute for professional medical advice, diagnosis, or treatment
- Should NOT be used to make medical decisions
### 7.2 Medical Disclaimer
You acknowledge and agree that:
- You should consult a physician before starting any posture improvement program
- The App's measurements and feedback are for informational purposes only
- Individual results may vary significantly
- The App is not suitable for everyone
### 7.3 Consult a Doctor If You Have:
- Pre-existing neck, back, or spine conditions
- Recent injuries or surgeries affecting the spine or neck
- Chronic pain or musculoskeletal disorders
- Balance, vestibular, or neurological conditions
- Any condition that affects your ability to maintain posture
### 7.4 Stop Using If You Experience:
- Pain, discomfort, or numbness
- Dizziness or balance problems
- Headaches or vision changes
- Any adverse symptoms
SEEK IMMEDIATE MEDICAL ATTENTION FOR SEVERE SYMPTOMS.
### 7.5 Safety Warnings
- DO NOT use the App while driving or operating machinery
- DO NOT use in situations requiring full attention or balance
- Notification sounds and vibrations may be distracting
- Be aware of your surroundings when using posture tracking
---
## 8. Data Privacy and Security
### 8.1 Privacy Policy
Your use of the App is also governed by our Privacy Policy, which is incorporated into this EULA by reference. Please review the Privacy Policy at https://mavapps.com/privacy-policy.
### 8.2 Data Collection Summary
The App collects:
- **Motion sensor data** from compatible headphones (processed locally)
- **Usage statistics** stored locally on your device
- **Anonymous analytics** through Firebase
- **Subscription status** through RevenueCat
### 8.3 Data Security
While we implement reasonable security measures:
- No method of transmission over the internet is 100% secure
- No electronic storage is completely secure
- You use the App at your own risk
- We are not responsible for unauthorized access to your data
### 8.4 User Responsibility
You are responsible for:
- Keeping your device secure (passcode, Face ID, Touch ID)
- Protecting your Apple ID credentials
- Ensuring only authorized users access your device
- Reporting suspected security breaches to support@mavapps.com
---
## 9. Limitations and Disclaimers
### 9.1 No Warranty
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- **Merchantability:** Fitness for a particular purpose
- **Non-infringement:** Freedom from third-party claims
- **Accuracy:** Completeness or reliability of content
- **Availability:** Uninterrupted or error-free operation
- **Fitness:** Suitability for your specific needs
### 9.2 Accuracy Disclaimer
We do not warrant that:
- Posture tracking will be 100% accurate
- The MAXX Score accurately reflects your actual posture quality
- Calibration will be perfect for your body type
- Results will be consistent across all environments
### 9.3 Availability Disclaimer
We do not guarantee that:
- The App will always be available or functional
- Services will be uninterrupted or error-free
- Defects will be corrected
- The App is free from viruses or harmful components
### 9.4 Results Disclaimer
We make no guarantees regarding:
- Posture improvement outcomes
- Health or fitness benefits
- Prevention of injuries or conditions
- Achievement of specific goals
RESULTS VARY. INDIVIDUAL EXPERIENCES MAY DIFFER.
---
## 10. Limitation of Liability
### 10.1 Maximum Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAVAPPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
**A. Indirect Damages:**
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Loss of goodwill or reputation
**B. Personal Injury:**
- Personal injury, including physical or mental harm
- Property damage
- Medical expenses
- Pain and suffering
**C. Service Issues:**
- Inability to use the App
- Unauthorized access to your data
- Errors, bugs, or inaccuracies in the App
- Third-party service failures (Apple, RevenueCat, Firebase)
### 10.2 Cap on Liability
IN NO EVENT SHALL MAVAPPS'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF:
- The amount you paid for the App in the 12 months preceding the claim, OR
- $50 USD
### 10.3 Essential Purpose
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
---
## 11. Indemnification
You agree to indemnify, defend, and hold harmless Mavapps and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:
- Your use or misuse of the App
- Your violation of this EULA
- Your violation of any third-party rights
- Your violation of any applicable laws or regulations
- Any content or data you submit through the App
- Any false or misleading information you provide
- Injury to yourself or others resulting from your use of the App
This indemnification obligation survives the termination of this EULA and your use of the App.
---
## 12. Termination
### 12.1 Termination by You
You may terminate this EULA at any time by:
- Uninstalling the App from all your devices
- Cancelling your subscription (if applicable)
- Ceasing all use of the App
### 12.2 Termination by Us
We may terminate this EULA and your license immediately, with or without notice, if:
- You violate any term of this EULA
- You engage in fraudulent or illegal activity
- You abuse the Service or harm other users
- We discontinue the App or Service
- Required by law or government order
### 12.3 Effect of Termination
Upon termination:
- Your license to use the App immediately ends
- You must immediately cease all use of the App
- You must uninstall the App from all devices
- All local data will be deleted
- Subscription fees are non-refundable (except as required by law)
- Provisions intended to survive termination will remain in effect
### 12.4 Surviving Provisions
The following sections survive termination:
- Intellectual Property Rights (Section 3)
- Limitations and Disclaimers (Section 9)
- Limitation of Liability (Section 10)
- Indemnification (Section 11)
- Dispute Resolution (Section 14)
- Miscellaneous (Section 15)
---
## 13. Updates and Modifications
### 13.1 App Updates
We may release updates to the App:
- Bug fixes and performance improvements
- Security patches
- New features and enhancements
- Compatibility updates for new iOS versions
You may need to update the App to continue using it. Some updates may be mandatory.
### 13.2 EULA Updates
We may modify this EULA at any time. When we make changes:
- We will update the "Last Updated" date
- We will notify you through the App or email (if available)
- Continued use after changes constitutes acceptance
If you do not agree to the updated EULA, you must stop using the App and uninstall it.
### 13.3 Feature Changes
We reserve the right to:
- Add, modify, or remove features
- Change how features work
- Discontinue any part of the App
- Alter subscription benefits
We will make reasonable efforts to notify you of material changes.
---
## 14. Dispute Resolution and Arbitration
### 14.1 Governing Law
This EULA is governed by the laws of Texas, United States, without regard to its conflict of law provisions.
### 14.2 Mandatory Arbitration
**IMPORTANT: PLEASE READ THIS SECTION CAREFULLY.**
You agree that any dispute, claim, or controversy arising out of or relating to this EULA or the App will be resolved by binding arbitration, rather than in court, except as set forth below.
**Arbitration Terms:**
- Conducted by the American Arbitration Association (AAA)
- Governed by the AAA Commercial Arbitration Rules
- Single arbitrator selected per AAA rules
- Location: [Your City, State] or online
- Language: English
- Fees: Governed by AAA rules; we may pay your filing fees in some cases
**What You're Giving Up:**
- Right to sue in court
- Right to a jury trial
- Right to participate in a class action
### 14.3 Class Action Waiver
YOU AND MAVAPPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
You may not:
- Bring claims in a representative capacity
- Participate in a class action
- Join claims with those of others
- Seek relief that applies to anyone other than yourself
### 14.4 Exceptions to Arbitration
Either party may bring a claim in small claims court if it qualifies. We may also seek injunctive or other equitable relief in court to protect our intellectual property rights.
### 14.5 Informal Resolution
Before filing arbitration, you agree to notify us of the dispute and attempt informal resolution:
1. Send a written description of the dispute to support@mavapps.com
2. Include your contact information and desired resolution
3. Allow 60 days for us to respond and attempt resolution
### 14.6 Opt-Out Right
You have the right to opt-out of arbitration within 30 days of first accepting this EULA by sending written notice to:
Mavapps
Email: support@mavapps.com
Subject: "Arbitration Opt-Out - Upriq"
Include your name, address, and a clear statement that you wish to opt out of arbitration.
---
## 15. Miscellaneous
### 15.1 Entire Agreement
This EULA, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and Mavapps regarding the App and supersedes all prior agreements.
### 15.2 Severability
If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
### 15.3 Waiver
Our failure to enforce any right or provision of this EULA will not be considered a waiver of that right or provision.
### 15.4 Assignment
You may not assign or transfer this EULA or your rights under it without our prior written consent. We may assign this EULA to any affiliate or successor without restriction.
### 15.5 Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including:
- Natural disasters (earthquakes, floods, hurricanes)
- Pandemics or public health emergencies
- War, terrorism, or civil unrest
- Government actions or regulations
- Internet or telecommunications failures
- Third-party service outages (Apple, Firebase, RevenueCat)
### 15.6 Apple Terms
Your use of the App is also subject to Apple's Licensed Application End User License Agreement (Standard EULA). If there is a conflict between this EULA and Apple's EULA, Apple's EULA governs with respect to your use of the App through the Apple App Store.
### 15.7 Export Compliance
You may not use or export the App except as authorized by U.S. law and the laws of the jurisdiction in which the App was obtained. You represent that you are not:
- Located in a country subject to U.S. embargo
- On the U.S. Treasury Department's list of Specially Designated Nationals
- On any other U.S. government restricted parties list
### 15.8 Government Use
If you are a U.S. government entity, the App is "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202.
### 15.9 Third-Party Beneficiaries
Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance, Apple has the right to enforce this EULA against you as a third-party beneficiary.
### 15.10 Contact for Legal Notices
For legal notices, DMCA takedown requests, or other legal correspondence:
Mavapps
Email: support@mavapps.com
Subject: "Legal Notice - Upriq EULA"
### 15.11 No Agency
This EULA does not create any agency, partnership, joint venture, or employment relationship between you and Mavapps.
### 15.12 Interpretation
In this EULA:
- "Including" means "including but not limited to"
- "Or" is not exclusive
- Headings are for convenience only and do not limit the scope of provisions
- Ambiguities are not construed against the drafter
---
## 16. Apple-Specific Acknowledgments
If you downloaded the App from the Apple App Store, you acknowledge and agree that:
**A. Scope of License:**
- This license is between you and Mavapps, not Apple
- Mavapps, not Apple, is solely responsible for the App
**B. Maintenance and Support:**
- Mavapps, not Apple, is responsible for providing maintenance and support
- Apple has no obligation to provide support for the App
**C. Warranty:**
- To the extent the App fails to conform to any warranty:
- You may notify Apple for a refund of the purchase price
- Apple has no other warranty obligation
- Mavapps, not Apple, is responsible for addressing any claims
**D. Product Claims:**
- Mavapps, not Apple, is responsible for addressing any claims relating to:
- Product liability
- Regulatory compliance
- Intellectual property infringement
**E. Third-Party Claims:**
- Mavapps will defend and indemnify Apple against third-party claims that the App infringes a third party's intellectual property rights
**F. Contact Information:**
For any questions or issues with the App, contact Mavapps at support@mavapps.com, not Apple.
---
## 17. Special Terms for Minors
### 17.1 Age Requirement
You must be at least 13 years old to use the App.
### 17.2 Parental Consent (Ages 13-17)
If you are between 13 and 17 (or between 13 and the age of majority in your jurisdiction):
- You must have parental or guardian permission to use the App
- Your parent or guardian must review and accept this EULA
- Your parent or guardian is responsible for your use of the App
- We may require verification of parental consent
### 17.3 Under 13
Users under 13 years of age are strictly prohibited from using the App.
---
## 18. California Residents
### 18.1 Consumer Rights
Under California Civil Code Section 1789.3, you are entitled to the following consumer rights notice:
**Complaint Assistance:**
Division of Consumer Services
California Department of Consumer Affairs
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
**Phone:**
(916) 445-1254 (local)
(800) 952-5210 (toll-free)
### 18.2 California Shine the Light Law
You have the right to request information about the disclosure of your personal information to third parties for direct marketing purposes. Contact support@mavapps.com for such requests.
---
## 19. GDPR (EU Residents)
If you are located in the European Economic Area (EEA), you have additional rights under the General Data Protection Regulation (GDPR):
- Right to access your personal data
- Right to rectify inaccurate data
- Right to erasure ("right to be forgotten")
- Right to restrict processing
- Right to data portability
- Right to object to processing
- Right to withdraw consent
See our Privacy Policy for details on exercising these rights.
---
## Acceptance of This EULA
BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT:
- You have read this EULA
- You understand this EULA
- You agree to be bound by this EULA
- You are at least 13 years old (or have parental consent if under 18)
- You meet all requirements for using the App
IF YOU DO NOT AGREE TO THIS EULA, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.
---
**Effective Date:** March 27, 2026
**Version:** 1.0
**Licensor:** Mavapps
**App:** Upriq
**Contact:** support@mavapps.com
---
**Document End**