Terms of Use

Version 1.0 Effective date: 09/15/2026 Last updated: 09/15/2026

Applies to: the UpFro iOS, Android and Web application, the UpFro Apple Watch application, UpFro widgets and Live Activities, and the UpFro website (together, the “Service”).

PLEASE READ THESE TERMS CAREFULLY. SECTION 24 CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. THEY AFFECT HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED, AND REQUIRE THAT CLAIMS BE BROUGHT INDIVIDUALLY RATHER THAN AS PART OF A CLASS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 24.7.

Table of Contents

1. Agreement to These Terms

2. Acceptance of These Terms

3. What UpFro Is

4. No Medical Advice

5. Eligibility

6. Your Account

7. Free and Premium Features

8. Subscriptions, Trials, Renewal, and Cancellation

9. Refunds

10. Artificial Intelligence Features

11. Your Content

12. Acceptable Use

13. Social Features and Community Rules

14. Health Data and Device Permissions

15. Availability, Updates, and Changes

16. Our Intellectual Property

17. Feedback

18. Third-Party Services

19. Suspension and Termination

20. Disclaimer of Warranties

21. Limitation of Liability

22. Indemnification

23. Governing Law

24. Dispute Resolution and Binding Individual Arbitration

25. Apple-Specific Terms

26. Export Controls and Sanctions

27. California Consumer Notice

28. General Provisions

29. Changes to These Terms

30. Contact Information

1. Agreement to These Terms

These Terms of Use (“Terms”) constitute a binding contract between you and UpFro (“UpFro,” “we,” “us,” or “our”). They govern the UpFro iOS application, the UpFro Apple Watch application, UpFro widgets and Live Activities, and the UpFro website (collectively, the “Service”).

You accept these Terms by checking the acceptance box upon creating your account, as described in Section 2. Your continued use of the Service constitutes your continuing agreement to these Terms. If you do not agree, you may not use the Service.

Our Privacy Policy describes our processing of personal information and is incorporated into these Terms by reference.

2. Acceptance of These Terms

You accept these Terms upon creating an UpFro account. Prior to account creation, you must check a single box reading:

“I agree to the Terms of Use and Privacy Policy.”

2.1 Effect of Acceptance

• Acceptance covers both documents. It covers these Terms and the Privacy Policy. The Privacy Policy is not a supplementary notice; it forms part of these Terms, and acceptance of these Terms constitutes acceptance of it.

• Acceptance covers the processing described in the Privacy Policy, including processing of your mood entries, written reflections and journal entries, voice recordings, and any Apple Health information you elect to connect. See Privacy Policy, Section 6.

• Acceptance is required. An account cannot be created without it. The requirement applies on both registration surfaces and governs both registration methods, comprising email and password registration and Sign in with Apple.

• Acceptance is not divisible. There is no per-feature acceptance and no set of controls. You may not accept part of these Terms or part of the Privacy Policy and decline the remainder.

2.2 Record of Acceptance

Upon your acceptance and the creation of your account, we record the fact of acceptance, the date and time, the version of these Terms and of the Privacy Policy accepted, the application version and build in use, the platform in use, your device language and region setting, and the surface on which acceptance occurred.

These records are append-only. Records are added and are never edited or deleted while your account exists. You may view your own record within the Service, in Settings. The record is a receipt and contains no setting to alter.

2.3 Withdrawal

Withdrawal is effected by deleting your account. There is no partial withdrawal, because there is no partial acceptance. Account deletion is described in Section 6 and in full in the Privacy Policy. Deletion is reversible for thirty days and permanent thereafter.

Disabling a feature, or revoking a device permission within iOS Settings, is a product control. It does not constitute withdrawal of your acceptance of these Terms or of the consent described in the Privacy Policy.

3. What UpFro Is

UpFro is a personal wellness and productivity application. It supports habit formation, goal setting and tracking, task management, focus sessions and rituals, journaling and mood logging, participation in challenges, and sharing of progress with users you select.

The Service includes an AI Coach and AI goal planning, described in Section 10.

UpFro is a self-improvement tool. It is not a medical device, a health-care service, therapy, or a substitute for professional advice of any kind.

4. No Medical Advice

THE SERVICE DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, NUTRITIONAL, OR ANY OTHER PROFESSIONAL HEALTH ADVICE, DIAGNOSIS, OR TREATMENT.

• All content within the Service, including AI Coach output, suggested habits, generated goal plans, insights, correlations, mood summaries, and challenge content, constitutes general wellness information. It does not constitute a clinical assessment or personalized professional advice.

• No physician-patient, therapist-client, or comparable professional relationship is created by your use of the Service.

• You should not disregard or delay obtaining professional medical advice because of any content within the Service.

• You should consult a qualified professional before modifying your exercise, diet, sleep, medication, or any treatment regimen, and in particular if you have or suspect a medical or mental-health condition, are pregnant, or are recovering from injury or illness.

• Mood tracking does not constitute a mental-health assessment. Moods, averages, and trends displayed by the Service are a record of information you supplied. They are not a diagnosis and do not measure your mental health.

• Health information displayed within the Service originates from Apple Health and your device sensors. It may be inaccurate or incomplete and should not be used to make health decisions.

• You use the Service at your own risk and are responsible for determining whether any activity you track is appropriate for you.

4.1 Emergencies

The Service is not an emergency or crisis service. It cannot detect an emergency, and no person at UpFro monitors content you enter.

If you are considering harming yourself or are in immediate danger:

• Call your local emergency number. In the United States and Canada, dial 911. In Australia, dial 000.

• In the United States and Canada, call or text 988 for the Suicide and Crisis Lifeline.

• Elsewhere, locate a local helpline at findahelpline.com.

5. Eligibility

You must be at least 13 years of age to use the Service.

• If you are located in India, you must be at least 18 years of age or have verifiable parental consent.

• If you are under 18 years of age, you should use the Service only with the knowledge and permission of a parent or guardian.

• We do not knowingly permit any person under 13 years of age to use the Service. Upon learning that such a person holds an account, we will close the account and delete the associated information.

The Service does not request your date of birth and does not verify age.

You further represent that you are not barred from using the Service under the laws applicable to you, and that you are not located in a country subject to a United States embargo or listed on a United States restricted-party list. See Section 26.

6. Your Account

An account may be created using an email address and password, or using Sign in with Apple. In either case, the acceptance box described in Section 2 must be checked. No registration path exists that bypasses it.

You agree to:

• provide accurate information and maintain its accuracy;

• maintain the confidentiality of your credentials, and accept responsibility for all activity occurring on your account;

• notify us promptly at support@upfro.app if you believe your account has been accessed without authorization;

• refrain from sharing, selling, or transferring your account, or permitting another person to use it; and

• maintain a single account, and refrain from creating additional accounts to circumvent limits, restrictions, or trial eligibility.

Account deletion. You may delete your account within the Service, at Settings, then Delete Account. Re-authentication is required. Deletion is reversible for thirty days, after which your information is permanently erased. See the Privacy Policy for details.

Deleting your account does not cancel your subscription. Subscriptions must be canceled separately through Apple. See Section 8.

7. Free and Premium Features

The Service comprises free features and premium features.

Available without a subscription: basic habit tracking, basic task management, the basic focus timer, app themes, and notification scheduling.

UpFro Premium unlocks: unlimited habits, unlimited goals, unlimited reflections, unlimited tasks, recurring tasks, rituals, My Leaps, focus soundscapes, Flow mode, focus statistics, challenges, social features comprising partners and circles, home screen widgets, Apple Health synchronization, the AI Coach, advanced insights, and data export.

We may modify which features are free and which require a subscription. Where we move a feature for which you are actively paying behind a higher tier, or remove such a feature, we will provide advance notice and, where the change is material and adverse to you, permit cancellation and a pro-rata refund administered through Apple.

No premium feature is conditioned upon granting access to your Apple Health information, microphone, or photo library. Those device permissions are optional, as is use of the features behind them. Acceptance of these Terms and the Privacy Policy at registration is a separate matter and is required to create an account, as described in Section 2.

8. Subscriptions, Trials, Renewal, and Cancellation

PLEASE READ THIS SECTION CAREFULLY. IT DESCRIBES AUTOMATICALLY RENEWING CHARGES.

8.1 Plans

Prices are stated in United States dollars and may differ in your country. The applicable price, currency, and any tax are displayed to you by Apple in the purchase sheet before you confirm. That displayed price governs.

8.2 Free Trial

• New subscribers receive a 14-day free trial.

• THE TRIAL CONVERTS AUTOMATICALLY INTO A PAID SUBSCRIPTION. Upon expiry of the trial period you will be charged the full price of the plan selected, being US$6.99 for the monthly plan or US$39.99 for the annual plan, unless you cancel beforehand.

• To avoid being charged, you must cancel at least 24 hours before the trial period ends.

• One trial is available per person. Apple determines eligibility. If you have previously received a trial, you may be charged immediately.

8.3 Automatic Renewal

• YOUR SUBSCRIPTION RENEWS AUTOMATICALLY. Apple charges the payment method associated with your Apple ID at the commencement of each new billing period.

• Renewal is charged within 24 hours before the current period ends.

• The subscription continues to renew until cancelled. No end date applies.

• The renewal price is the full plan price and not any promotional price.

8.4 Cancellation

Cancellation is performed through Apple and not through us. We cannot cancel your subscription on your behalf.

On your iPhone or iPad:

1. Open the Settings application.

2. Tap your name at the top.

3. Tap Subscriptions.

4. Tap UpFro.

5. Tap Cancel Subscription.

Subscriptions may also be managed at apps.apple.com/account/subscriptions.

• Cancel at least 24 hours before the next renewal date to avoid being charged for the subsequent period.

• You retain premium access through the end of the period already paid for.

• Deleting the application does not cancel your subscription. Neither does deleting your UpFro account.

8.5 Price Changes

Where we change the price, Apple will notify you and, where required, obtain your consent before the new price takes effect. If you do not consent, your subscription will not renew at the new price.

9. Refunds

Apple is the merchant of record for all App Store purchases. Apple collects payment, issues receipts, and administers refunds. We do not process payments and cannot issue refunds for App Store purchases.

To request a refund, visit reportaproblem.apple.com, sign in with your Apple ID, locate the UpFro purchase, and submit a refund request. Apple determines refund requests under its own policies and applicable law.

Nothing in this Section limits any statutory right you hold under the law applicable to you.

If you believe the Service has failed and Apple declines to assist, contact support@upfro.app and we will assist as we reasonably can.

10. Artificial Intelligence Features

10.1 Automated System

The AI Coach is an automated system and not a human being. No person at UpFro reads your coach conversations in real time or responds to them. Daily check-ins, coaching responses, reminders, and generated goal plans are produced by a language model.

The models are operated by a third-party artificial intelligence service provider on servers located in the United States. The information transmitted, and the information not transmitted, is described in the Privacy Policy. In summary, your goal, habit, and task titles, your display name, statistics regarding your completion patterns, and content you enter into the coach are transmitted. Your journal entries, mood history, voice recordings, and Apple Health information are not.

10.2 Limitations

• Output may be inaccurate. Language models generate plausible text rather than verified fact and may generate false statements. Verify any output on which you intend to rely.

• Output does not constitute professional advice. Section 4 applies in full to these features. They do not diagnose, treat, or advise on any medical, psychological, nutritional, legal, or financial matter, however the output may be phrased.

• Do not enter sensitive information you do not wish to have processed. Content entered into the coach leaves your device. Do not enter medical records, the personal information of others, financial details, credentials, or confidential information.

• Do not rely on these features in an emergency. They cannot recognize a crisis and no person monitors them.

• We do not warrant availability, accuracy, or any particular result. These features may be limited, modified, rate-limited, or withdrawn.

• Usage limits apply. Requests are currently limited to thirty per minute and two hundred per day per account.

• We may use aggregate, non-identifying information regarding use of these features to improve them. Your content is not used to train any artificial intelligence model. Our provider does not use information submitted through its interface for model training and retains such information for no more than thirty days for abuse monitoring.

10.3 Safety Screening

During onboarding, text you enter is screened on your device for indicators of self-harm, abuse, disordered eating, substance use, or acute distress. Where an indicator is detected, your text is not transmitted to the artificial intelligence provider and support resources are displayed instead. The on-device screen recognizes vocabulary in a limited set of languages. Where it detects no indicator, your text is transmitted to the provider as part of the onboarding exchange, and the model applies a second screen for the same indicators in any language; where it identifies one, support resources are displayed in place of coaching content.

This screening operates during onboarding only. It does not operate within the main AI Coach conversation.

10.4 Your Responsibility

You are responsible for your use of any output. You may not use these features to generate unlawful, harmful, harassing, defamatory, or infringing content, to attempt to extract the underlying model or its instructions, or to develop a competing product.

11. Your Content

Your content belongs to you. Your habits, goals, tasks, notes, reflections, journal entries, voice recordings, photographs, profile images, challenges, and messages (“Your Content”) remain yours. We claim no ownership of Your Content.

License granted to us. In order to operate the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, back up, copy, transmit, display, and process Your Content solely for the purpose of operating and providing the Service to you, and to perform actions you specifically request, such as delivering a message to your partner or displaying your progress on a leaderboard you have joined.

This license:

• is limited to operation of the Service. We do not use Your Content for advertising, marketing, resale, or to train artificial intelligence models;

• terminates when you delete the content or your account, excepting copies within backups that are overwritten on their ordinary cycle and any record we are required by law to retain; and

• extends to other users only where you elect to share. Posting to a circle, joining a leaderboard, or messaging a partner grants those recipients access to what you shared. See Section 13.

Your representations. You represent and warrant that you hold the rights necessary to submit Your Content; that it does not infringe the copyright, trademark, privacy, or other rights of any person; that it does not violate these Terms or any law; and that where it depicts or describes another person, you hold any permission the law requires.

Public challenges. Where you create and submit a challenge for use by other users, you grant us a perpetual, worldwide, royalty-free license to host, display, adapt, and distribute that challenge content within the Service. You may request its removal, and we will comply unless removal would disrupt the experience of users already participating.

Removal. We may remove content that violates these Terms, that we are legally required to remove, or that is reported and determined to violate our rules. Where practicable we will state the reason.

12. Acceptable Use

You may not:

• violate any law, or assist any person in doing so;

• harass, bully, threaten, stalk, defame, or impersonate any person;

• submit content that is hateful, sexually explicit, or violent, or that exploits or endangers a minor;

• upload malicious code, or attempt to breach, disrupt, overload, or reverse-engineer the Service;

• scrape, harvest, or systematically collect the information of other users;

• circumvent paywalls, rate limits, trial eligibility, security controls, or moderation systems;

• employ automation to falsify completions, streaks, points, or leaderboard standings;

• resell, sublicense, rent, or commercially exploit the Service without our written permission;

• use the Service to develop a competing product or to train a machine-learning model;

• remove or obscure any copyright or proprietary notice; or

• use the Service to provide medical, psychological, or clinical advice to other users.

We may investigate suspected violations and take action, including removal of content, restriction of features, suspension or termination of accounts, and referral to law enforcement.

13. Social Features and Community Rules

The Service permits you to connect with an accountability partner, join circles, participate in challenges, and share progress through an activity feed and leaderboards.

Visibility. Other users may see your display name, your profile image, and quantitative information regarding your progress. Our servers remove habit, goal, milestone, and challenge names from activity feed entries before other users view them. Content you deliberately share, however, has been shared. Do not submit to a shared surface, a partner message, or a challenge reflection any content you would not wish that audience to receive.

Community rules. You agree to treat other users with respect; not to disclose the personal information of others; not to send unsolicited commercial messages or promote other products; not to provide medical or clinical advice to other users; and not to falsify progress in order to prevail in a challenge or on a leaderboard.

Reporting and blocking. You may report content or a user, and you may block a user. We review reports and may remove content or restrict or terminate accounts. We retain records of reports, blocks, and moderation actions, as described in the Privacy Policy.

Automated moderation. Text submitted through social and notification features is screened automatically. Automated systems produce errors in both directions. If we have erred, contact support@upfro.app.

Other users. We do not endorse and cannot vouch for the statements or conduct of other users. Interactions with other users are solely between you and them.

14. Health Data and Device Permissions

The Service requests several optional device permissions. Each is optional, and the core Service operates without any of them.

You may modify or revoke any permission at any time within iOS Settings, or disable the corresponding feature within the Service.

These are Apple device permissions. They govern whether the application may access that part of your device. They do not constitute consent controls for our processing, and revoking one does not constitute partial withdrawal of the acceptance described in Section 2 or of the consent described in the Privacy Policy. The Service provides no per-feature consent controls; withdrawal is effected by deleting your account.

Our commitments regarding Apple Health information: we do not use it for advertising or marketing; we do not disclose it to third parties for those purposes; we do not store it in iCloud; we do not transmit it to any artificial intelligence provider; and it is not uploaded to our servers.

15. Availability, Updates, and Changes

• We do not warrant continuous availability. The Service may become unavailable due to maintenance, updates, or circumstances beyond our control.

• We will provide reasonable notice of planned downtime where practicable.

• We may modify, add, or remove features. Where a change materially reduces functionality for which you are paying, we will provide advance notice, as described in Section 7.

• A compatible device, a supported operating system version, and an internet connection are required for synchronized functionality. Certain features operate offline and synchronize subsequently.

• Features designated as beta or experimental may be unstable, may change, and may be withdrawn without notice.

• We may discontinue the Service. In that event we will provide at least 30 days notice, cease accepting new subscriptions, and afford you a reasonable opportunity to export your data.

16. Our Intellectual Property

The Service, including its design, code, text, graphics, illustrations, mascot artwork, sounds, habit library content, challenge content authored by us, and the UpFro name and logo, is owned by us or our licensors and is protected by copyright, trademark, and other laws.

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service on Apple-branded devices that you own or control, for your own non-commercial use, in accordance with these Terms and Apple’s Usage Rules.

You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works from any part of the Service, except to the extent such restriction is prohibited by applicable law.

Third-party open-source components remain subject to their respective licenses.

17. Feedback

Where you submit ideas, suggestions, bug reports, or feature requests, you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose, without obligation of compensation or attribution. Please do not submit anything you consider confidential.

18. Third-Party Services

The Service depends upon services we do not control, including Apple, our hosting and database providers, our artificial intelligence provider, our subscription management provider, and our analytics and crash reporting providers. Your use of the Service is additionally subject to their terms where those terms apply to you directly, in particular Apple’s Media Services Terms and Conditions.

We are not responsible for third-party services, for links leading out of the Service, or for content on linked sites.

19. Suspension and Termination

You may terminate at any time by deleting your account within Settings and cancelling your subscription through Apple.

We may suspend or terminate your account where:

• you materially breach these Terms and fail to cure within a reasonable period after notice, or immediately where the breach is serious, including harassment, fraud, or conduct endangering any person;

• we are required to do so by law; or

• we discontinue the Service.

Where we terminate for reasons other than your breach and you have paid for a period you can no longer use, we will assist you in obtaining a pro-rata refund through Apple.

Upon termination, your license to use the Service ends. Deletion of your information follows the process described in the Privacy Policy. Sections 11 as to licenses already granted, 16, 17, 20, 21, 22, 23, 24, and 28 survive termination.

20. Disclaimer of Warranties

Please read Section 4 first. The health disclaimer is the material one.

TO THE FULLEST EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE.

• WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT CONTENT, INSIGHTS, STATISTICS, OR ARTIFICIAL INTELLIGENCE OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE; THAT DATA WILL NOT BE LOST; OR THAT USE OF THE SERVICE WILL PRODUCE ANY PARTICULAR RESULT.

• WE MAKE NO REPRESENTATION REGARDING OUTCOMES. We do not warrant that you will achieve any goal, establish any habit, improve your health, or experience any improvement in wellbeing.

• WE ARE NOT RESPONSIBLE FOR OTHER USERS or for any content they submit or conduct they engage in.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited. Where you hold mandatory statutory guarantees under the law applicable to you, including the Australian Consumer Law, those guarantees apply in full and the disclaimers above are read subject to them.

21. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

1. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, or for lost profits, lost revenue, lost data, lost goodwill, or the cost of substitute services, however caused and on any theory of liability, even if advised of the possibility of such damages.

1. OUR TOTAL AGGREGATE LIABILITY to you for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the twelve months preceding the event giving rise to the claim, or (b) US$100.

1. These limitations do not apply to:

   • death or personal injury caused by our negligence;

   • fraud or fraudulent misrepresentation;

   • gross negligence or willful misconduct; or

   • any liability that cannot lawfully be excluded or limited.

1. You acknowledge that the pricing of the Service reflects this allocation of risk and that these limitations are an essential element of the agreement between us.

22. Indemnification

You agree to defend, indemnify, and hold harmless UpFro, its owners, officers, and contractors from and against any claim, liability, damage, loss, or expense, including reasonable attorneys’ fees, arising out of or relating to:

• your breach of these Terms or of any applicable law;

• Your Content;

• your use or misuse of the Service; or

• your infringement of the rights of any third party.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense. This Section does not apply to the extent prohibited by applicable law.

23. Governing Law

These Terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Section 24, any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of California, and you consent to the personal jurisdiction of those courts.

Nothing in this Section deprives you of any right you hold under the consumer protection laws of your state of residence.

24. Dispute Resolution and Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIM. IT REQUIRES THAT MOST DISPUTES BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS UNDER SECTION 24.7.

24.1 Informal Resolution First

Before commencing arbitration or any proceeding, you and we agree to attempt informal resolution. The party raising the dispute shall send written notice to the other describing the dispute, the relief sought, and the contact details of the party raising it. Notice to us shall be sent to support@upfro.app. Notice to you will be sent to the email address associated with your account.

You and we agree to confer in good faith for 60 days following that notice. This informal process is a condition precedent to commencing arbitration, and any applicable limitation period is tolled during it.

24.2 Agreement to Arbitrate

Except as set out in Section 24.4, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination of these Terms, shall be resolved by binding individual arbitration rather than in court.

The Federal Arbitration Act governs the interpretation and enforcement of this Section.

24.3 Arbitration Procedure

Arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, available at adr.org. Where those rules conflict with this Section, this Section controls to the extent permitted.

• Arbitration shall be conducted by a single arbitrator.

• Unless you and we agree otherwise, arbitration shall take place in the county of your residence, or shall be conducted by telephone, videoconference, or on documents only, at your election where the rules permit.

• The arbitrator may award any relief that a court could award to you individually, and shall issue a written decision explaining the essential findings.

• The arbitrator’s award is final and binding, and judgment upon it may be entered in any court of competent jurisdiction.

24.4 Exceptions

This Section does not require arbitration of:

• claims brought in small claims court, provided the claim remains individual and within that court’s jurisdiction; or

• claims for injunctive or equitable relief arising from infringement or misuse of intellectual property rights.

24.5 Class Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding.

If this Section 24.5 is found unenforceable as to a particular claim or request for relief, that claim or request shall be severed and brought in court, and the remainder of this Section 24 shall continue to apply to all other claims.

24.6 Coordinated Claims

Where twenty-five or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same law firm or coordinated group within a ninety-day period, those demands shall be administered in sequential batches of no more than fifty. Counsel for each side shall select an equal number of demands per batch, a single arbitrator shall preside over each batch, and no subsequent batch shall commence until the preceding batch has concluded. Any applicable limitation period is tolled for demands awaiting a batch. This provision is intended to promote efficiency, and you and we agree that the administrator shall apply it notwithstanding any contrary rule.

24.7 Your Right to Opt Out of Arbitration

You may decline this arbitration agreement. To do so, send written notice to support@upfro.app bearing the subject line “Arbitration Opt-Out” within 30 days of the date you first accept these Terms. Your notice must include your name and the email address associated with your account.

Opting out affects only Section 24. All other provisions of these Terms continue to apply, and opting out will not affect your use of the Service in any way.

24.8 Arbitration Costs

We will pay all administrative and arbitrator fees exceeding the filing fee you would pay to commence an action in the applicable court, except where the arbitrator determines your claim was frivolous or brought for an improper purpose. Each party otherwise bears its own attorneys’ fees, except where applicable law or the arbitrator provides otherwise.

24.9 Changes to This Section

Where we materially amend this Section 24, we will notify you at least 30 days beforehand. You may reject the amendment by sending written notice to support@upfro.app within 30 days of that notification, in which case the version of Section 24 in effect immediately before the amendment shall continue to govern disputes between us.

24.10 Survival

This Section survives termination of these Terms and closure of your account.

25. Apple-Specific Terms

This Section applies where the Service is obtained through the Apple App Store. In the event of conflict, this Section controls over the remainder of these Terms.

1. These Terms are between you and us, not Apple. Apple is not a party to them. We, and not Apple, are solely responsible for the Service and its content.

1. License scope. The license granted in Section 16 is a non-transferable license to use the Service on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Service may be accessed by other accounts associated with you through Family Sharing or volume purchasing.

1. Maintenance and support. We are solely responsible for providing maintenance and support. Apple has no obligation whatsoever to furnish any maintenance or support services.

1. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.

1. Product claims. We, and not Apple, are responsible for addressing any claim by you or any third party relating to the Service or your possession and use of it, including product liability claims, any claim that the Service fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service’s use of the HealthKit framework.

1. Intellectual property claims. In the event of a third-party claim that the Service or your possession and use of it infringes that third party’s intellectual property rights, we, and not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.

1. Legal compliance. You represent and warrant that you are not located in a country subject to a United States Government embargo or designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.

1. Developer contact. Our contact details for questions, complaints, or claims regarding the Service are set out in Section 30.

1. Third-party terms. You must comply with any applicable third-party terms when using the Service.

1. Apple as third-party beneficiary. Apple and Apple’s 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.

26. Export Controls and Sanctions

You may not use or export the Service except as authorized by United States law and the laws of the jurisdiction in which you obtained it. You represent that you are not located in, and are not a national or resident of, any country subject to a United States embargo or comprehensive sanctions, and that you are not listed on any United States Government restricted-party list.

27. California Consumer Notice

Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice.

The Service is provided by UpFro, 21825 Erwin St #1111, Woodland Hills, CA 91367,

United States. To file a complaint regarding the Service, or to receive further information regarding its use, contact us at support@upfro.app.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

28. General Provisions

• Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the Service and supersede all prior understandings.

• Severability. Where any provision is found unenforceable, it shall be modified to the minimum extent necessary or severed, and the remainder shall continue in force.

• No waiver. Our failure to enforce any provision immediately does not waive our right to enforce it subsequently.

• Assignment. You may not assign or transfer these Terms. We may assign them to an affiliate, or in connection with a merger, acquisition, or sale of assets, upon notice to you.

• Force majeure. Neither party is liable for failure to perform caused by events beyond reasonable control, including outages at Apple, our hosting provider, or our artificial intelligence provider, natural disasters, war, or government action.

• No third-party rights, except Apple as provided in Section 25.

• Notices. We will contact you at the email address associated with your account, or within the Service. You may contact us at the addresses in Section 30.

• Language. These Terms are written in English. Any translation is provided for convenience, and the English version governs except where applicable law requires otherwise.

• Headings are provided for convenience only and do not affect interpretation.

29. Changes to These Terms

We may update these Terms as the Service or applicable law changes.

• The version number and dates at the head of this document identify the version you are reading.

• In respect of material changes, we will provide at least 30 days’ notice within the Service or by email before those changes take effect.

• Where you do not accept a material change, you should discontinue use of the Service and cancel your subscription through Apple before the change takes effect. Continued use after that date constitutes acceptance of the updated Terms.

• Acceptance is versioned. The record of your acceptance identifies the version of these Terms and of the Privacy Policy accepted, as described in Section 2. Where we request acceptance again, a new record is written rather than replacing the prior record.

Amendments to Section 24 are additionally subject to Section 24.9.

30. Contact Information

UpFro Terms of Use, version 1.0. © 2026 UpFro. All rights reserved.