Terms of Service
# Terms of Service
**Last Updated:** March 27, 2026
## Welcome to Upriq
These Terms of Service ("Terms") govern your use of the Upriq mobile application ("App", "Service", or "Application") provided by Mavapps ("we", "us", "our", or "Service Provider"). By downloading, installing, or using Upriq, you agree to be bound by these Terms.
If you do not agree to these Terms, do not use the Application.
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## 1. Acceptance of Terms
By accessing or using Upriq, you confirm that:
- You are at least 13 years of age
- You have the legal capacity to enter into these Terms
- You will comply with all applicable laws and regulations
- All information you provide is accurate and current
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## 2. Description of Service
Upriq is a posture monitoring and improvement application that:
- Tracks head position and posture using compatible headphones (AirPods Pro, AirPods Max, AirPods 3rd generation, Beats Fit Pro)
- Provides real-time feedback on posture quality
- Sends periodic reminders to check and correct posture
- Tracks progress through XP, levels, streaks, and achievements
- Offers premium features through a subscription service ("Upriq Pro")
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## 3. Account and Subscription
### 3.1 Free Version
The free version of Upriq provides limited features including:
- Basic posture tracking
- Limited daily sessions
- Core notification features
### 3.2 Upriq Pro Subscription
Upriq Pro is a paid subscription service offering:
- Unlimited daily sessions
- Real-time MAXX Score tracking
- Advanced features (streak tracking, quests, leaderboards, custom alerts)
- Premium character skins and sounds
### 3.3 Subscription Terms
- Subscriptions are billed annually through the Apple App Store
- Payment will be charged to your Apple ID account at confirmation of purchase
- Subscriptions automatically renew unless cancelled 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 and cancel subscriptions in your Apple ID account settings
- Free trials (if offered) convert to paid subscriptions unless cancelled before the trial period ends
- Any unused portion of a free trial period is forfeited when you purchase a subscription
### 3.4 Refund Policy
- All sales are final
- Refund requests must be made through Apple's App Store
- We do not process refunds directly
- Contact Apple Support for App Store purchase refunds
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## 4. Use of the Application
### 4.1 Permitted Use
You may use Upriq for personal, non-commercial purposes to:
- Monitor and improve your posture
- Track your progress over time
- Receive posture reminders and alerts
- Participate in challenges and achievements
### 4.2 Prohibited Use
You may NOT:
- Use the App for any illegal purpose
- Attempt to reverse engineer, decompile, or disassemble the App
- Remove, alter, or obscure any copyright or proprietary notices
- Use the App in a way that could damage, disable, or impair the Service
- Attempt to gain unauthorized access to any portion of the App
- Use automated systems or bots to access the App
- Share your account credentials with others
- Resell or redistribute the App or its content
- Use the App to develop competing products or services
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## 5. Motion Data and AirPods
### 5.1 Compatible Devices
Upriq requires compatible Apple headphones to function:
- AirPods Pro (1st and 2nd generation)
- AirPods (3rd generation)
- AirPods Max
- Beats Fit Pro
### 5.2 Motion Sensor Access
- The App accesses motion sensor data from your headphones
- This data is used solely for posture tracking
- All motion data is processed locally on your device
- No motion data is transmitted to external servers
- No audio is recorded or accessed
### 5.3 Calibration
- You must calibrate the App before first use
- Calibration establishes your baseline "good posture"
- You may need to recalibrate if you change headphones or experience inaccurate tracking
- Calibration data is stored locally on your device
### 5.4 Accuracy Disclaimer
- Posture tracking depends on proper calibration and headphone positioning
- Tracking accuracy may vary based on environmental factors and user movement
- The App is designed as a wellness tool, not a medical device
- Do not rely solely on the App for posture assessment
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## 6. Health and Safety
### 6.1 Not Medical Advice
- Upriq is a wellness and fitness application
- It is NOT a medical device and does not provide medical advice
- The App is not intended to diagnose, treat, cure, or prevent any disease or medical condition
- Consult a healthcare professional for medical concerns about posture or musculoskeletal health
### 6.2 User Responsibility
- You are responsible for your own health and safety while using the App
- Stop using the App if you experience pain, discomfort, or injury
- Do not use the App while driving, operating machinery, or in situations requiring full attention
- Notification sounds and haptic feedback may be distracting in certain situations
### 6.3 Pre-existing Conditions
If you have any of the following, consult a doctor before using Upriq:
- Neck or spine injuries
- Chronic pain conditions
- Balance or vestibular disorders
- Any medical condition affecting posture or movement
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## 7. Intellectual Property
### 7.1 Ownership
All content, features, and functionality of Upriq, including but not limited to:
- Software code and architecture
- Design, graphics, and user interface
- Text, images, and audio content
- Trademarks, logos, and branding ("UPRIQ", "MAXX Score")
- Algorithms and tracking methodologies
...are owned by Mavapps and protected by international copyright, trademark, patent, and other intellectual property laws.
### 7.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to:
- Download and install the App on your personal devices
- Use the App for personal, non-commercial purposes
- Access and use the features available to your subscription tier
This license does not grant you any ownership rights to the App or its content.
### 7.3 Feedback
If you provide feedback, suggestions, or ideas about the App:
- We may use this feedback without any obligation to compensate you
- You grant us a perpetual, worldwide, royalty-free license to use your feedback
- We are not obligated to implement any feedback you provide
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## 8. Privacy and Data
### 8.1 Data Collection
Please review our Privacy Policy for detailed information about:
- What data we collect
- How we use your data
- How long we retain data
- Your data rights and choices
### 8.2 User Data
- Session history, scores, and progress are stored locally on your device
- Subscription status is managed through RevenueCat
- Anonymous usage analytics may be collected through Firebase
- No personally identifiable information is required to use the App
### 8.3 Third-Party Services
We use the following third-party services:
- **Apple App Store**: Payment processing and app distribution
- **RevenueCat**: Subscription management
- **Firebase**: Analytics and crash reporting
Each service has its own privacy policy and terms of service.
---
## 9. Notifications and Communications
### 9.1 In-App Notifications
By using Upriq, you consent to receive:
- Posture reminder notifications during active sessions
- Periodic posture check reminders (if enabled)
- Achievement and quest completion notifications
- System alerts and important updates
### 9.2 Managing Notifications
You can control notifications through:
- In-app settings (reminders on/off, frequency)
- iOS Settings > Notifications > Upriq
- Completely disable by turning off reminders in app settings
### 9.3 Marketing Communications
We do not send marketing emails or promotional notifications through the App. Any communications will be service-related only.
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## 10. Disclaimers and Limitations of Liability
### 10.1 "AS IS" Basis
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness
### 10.2 No Guarantee of Results
We do not guarantee that:
- The App will improve your posture
- You will achieve specific health or fitness outcomes
- The tracking will be 100% accurate at all times
- The App will be error-free or uninterrupted
### 10.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAVAPPS SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, data, use, or goodwill
- Personal injury or property damage related to your use of the App
- Damages resulting from unauthorized access to your data
- Damages resulting from reliance on App data or recommendations
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
### 10.4 User Responsibility
You acknowledge and agree that:
- You use the App at your own risk
- You are solely responsible for any damage to your device or loss of data
- We are not responsible for third-party services (Apple, RevenueCat, Firebase)
- You are responsible for maintaining the security of your device
---
## 11. Termination
### 11.1 Termination by You
You may stop using the App at any time by:
- Uninstalling the App from your device
- Cancelling your subscription through the App Store
- All local data will be deleted upon uninstallation
### 11.2 Termination by Us
We reserve the right to:
- Suspend or terminate your access to the App at any time, with or without notice
- Terminate the App service entirely
- Modify or discontinue features at our discretion
Reasons for termination may include:
- Violation of these Terms
- Fraudulent or illegal activity
- Abuse of the Service
- Technical or security concerns
### 11.3 Effect of Termination
Upon termination:
- Your license to use the App immediately ends
- You must cease all use of the App
- All local data will be deleted
- Subscription fees are non-refundable unless required by law
- Provisions that by their nature should survive (liability, indemnification, arbitration) will remain in effect
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## 12. Changes to the Service
### 12.1 Modifications
We reserve the right to:
- Modify, suspend, or discontinue the App or any feature at any time
- Change subscription pricing with advance notice
- Update the App with new features or improvements
- Remove or alter existing features
### 12.2 Updates
- We may release updates to fix bugs, improve performance, or add features
- Some updates may be required to continue using the App
- You are responsible for keeping the App updated
### 12.3 No Obligation
We are not obligated to:
- Provide updates or support
- Maintain backward compatibility
- Preserve user data after service termination
---
## 13. Changes to These Terms
### 13.1 Modification Rights
We may modify these Terms at any time. When we make material changes:
- We will update the "Last Updated" date at the top of this document
- We will notify you through the App or other reasonable means
- Continued use of the App after changes constitutes acceptance
### 13.2 Review Responsibility
You are responsible for:
- Regularly reviewing these Terms
- Checking for updates
- Discontinuing use if you disagree with changes
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## 14. Indemnification
You agree to defend, indemnify, and hold harmless Mavapps, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:
- Your use or misuse of the App
- Your violation of these Terms
- Your violation of any rights of another party
- Your violation of any applicable laws or regulations
- Any content or data you provide through the App
---
## 15. Dispute Resolution
### 15.1 Governing Law
These Terms are governed by the laws of Austin, Texas, without regard to conflict of law principles.
### 15.2 Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@mavapps.com. We will attempt to resolve the dispute within 60 days.
### 15.3 Arbitration Agreement
**PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.**
If informal resolution fails, you agree that:
- Any dispute will be resolved through binding arbitration
- You waive your right to a jury trial
- You waive your right to participate in a class action lawsuit
- Arbitration will be conducted under the rules of [Arbitration Service]
- Arbitration will take place in [Location] or online
### 15.4 Exceptions to Arbitration
You may pursue claims in small claims court if they qualify. We may seek injunctive relief in court for intellectual property infringement or unauthorized access.
### 15.5 Class Action Waiver
You agree to resolve disputes individually. You may not bring claims as a plaintiff or class member in any class, consolidated, or representative action.
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## 16. Miscellaneous
### 16.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mavapps regarding the App.
### 16.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
### 16.3 Waiver
Our failure to enforce any right or provision in these Terms does not constitute a waiver of that right or provision.
### 16.4 Assignment
You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
### 16.5 Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control (natural disasters, pandemics, war, government actions, etc.).
### 16.6 Export Controls
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.
### 16.7 App Store Terms
Your use of the App is also subject to the Apple App Store Terms of Service. If these Terms conflict with the App Store Terms, the App Store Terms prevail with respect to your use of the App Store.
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## 17. Contact Information
### Questions About These Terms?
Email: support@mavapps.com
Subject Line: "Terms of Service Inquiry - Upriq"
### Legal Notices
For legal notices or service of process:
Mavapps
Email: support@mavapps.com
### Customer Support
For general support or questions about using the App:
Email: support@mavapps.com
Subject Line: "Upriq Support"
We will respond to all inquiries within 48-72 hours (business days).
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## 18. Special Provisions for Minors
If you are between 13 and 18 years old (or 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 agree to these Terms
- Your parent or guardian is responsible for your use of the App
- We reserve the right to require parental consent verification
Users under 13 are not permitted to use the App.
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## 19. International Users
Upriq is based in the United States. If you access the App from outside the U.S.:
- You do so at your own initiative
- You are responsible for compliance with local laws
- Your data may be transferred to and processed in the United States
- Some features may not be available in your region
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## 20. California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:
- The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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## Acknowledgment
BY DOWNLOADING, INSTALLING, OR USING UPRIQ, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
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**Effective Date:** March 27, 2026
**Version:** 1.0
**Service Provider:** Mavapps
**Contact:** support@mavapps.com