Terms of Service
The short version
Upheld helps you keep the promises you make about your health and training. You bring the plan; Upheld holds you to it. It isn't medical advice or a personal trainer, and it's early software, so use your judgment.
Agreeing to these terms
These terms are an agreement between you and Lea Dahms, the independent developer who makes the Upheld app ("Upheld", "we", "us"). By downloading or using the app or this website, you agree to them. If you don't agree, please don't use Upheld.
Who can use Upheld
You must be at least 13 to use Upheld. If you're under 18, use it only with a parent or guardian's permission.
Early software and beta testing
Upheld is in early development and testing, so features may change, break or be removed, and test versions may expire. If you're a beta tester, please don't share test versions or unreleased screens without our permission.
Your training is yours
Upheld does not create workout plans or choose exercises, weights or targets for you. You decide your own training, goals and promises, and you're responsible for them.
Health disclaimer
- Not medical advice. Upheld is not a medical device. It does not diagnose, treat, cure or prevent any condition, and nothing in it is medical advice.
- Numbers are estimates. Readiness, stress, sleep, heart rate, heart rate variability, calories and steps come from your devices and the apps that make them. They can be incomplete or wrong, and they aren't a diagnosis. Upheld shows them as they arrive.
- Check with a professional first. Talk to a doctor or qualified professional before starting a new exercise program or changing your diet, especially if you're pregnant, recovering from an injury or illness, or have a health condition.
- Listen to your body. Stop exercising and get help if you feel pain, faintness, chest pain or shortness of breath. A promise is never worth an injury. If you're unwell, mark a sick day and it won't count against you.
- Not for emergencies. Upheld doesn't monitor you. In an emergency, call your local emergency number.
- Your relationship with the numbers matters. Grades and promises are there to help you keep your word to yourself, not to judge your body. If tracking weight or any number starts to feel harmful, turn it off in Settings and reach out to someone you trust or a professional.
Your data
Your data belongs to you and is stored on your iPhone. The Privacy Policy explains what Upheld uses and where it goes. Because it lives on your phone, keeping a backup is up to you; we can't recover data that's been deleted or lost with a phone.
Your license to use Upheld
We give you a personal, non-transferable license to use the Upheld app on Apple devices you own or control, as allowed by the App Store's Usage Rules. Upheld's name, logo, design and code belong to us. Please don't copy, modify, resell or reverse-engineer the app, try to break it, or use it to harm anyone.
Paid features
Some features may later be offered as Upheld Premium. Purchases and subscriptions are made through Apple, and Apple's terms cover billing, renewals, cancellations and refunds. We'll describe what's included, the price and how renewal works before you buy. Downgrading never deletes anything you've made.
Feedback
If you send us ideas or feedback, we may use them to improve Upheld without owing you anything. Thank you, it really helps.
Other services
Upheld can connect to services run by other companies, such as Apple Health and Oura. Your use of those services is covered by their own terms, and we're not responsible for them.
No guarantees
Upheld is provided "as is" and "as available", without warranties of any kind, to the extent the law allows. We work to keep it accurate and reliable, but it may have bugs, and numbers from connected devices can be incomplete or wrong.
Limits on liability
To the extent the law allows, Upheld is not liable for any indirect, incidental or consequential losses, for lost data, or for decisions you make based on the app, and our total liability to you is limited to the amount you paid for Upheld in the 12 months before the claim, or $50 if that's more. Some places don't allow these limits, so they may not all apply to you. Nothing here limits rights you have under consumer protection law.
Ending
You can stop using Upheld anytime by deleting the app. We may stop offering Upheld or a feature, or end your access if you break these terms.
The law that applies
These terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules. Any dispute will be handled in the state or federal courts serving Pasco County, Florida. If you live outside the United States, you keep any rights your local consumer protection laws give you, including bringing a claim where you live.
App Store terms
If you got Upheld from Apple's App Store:
- These terms are between you and Upheld only, not Apple. Upheld, not Apple, is responsible for the app and its content.
- Apple has no obligation to provide support or maintenance for Upheld. Contact us instead.
- If Upheld fails to meet any warranty that applies, you can tell Apple, and Apple will refund the purchase price, if any. Apple has no other warranty obligation for Upheld.
- Upheld, not Apple, is responsible for any claims about the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws, including in connection with its use of Apple Health (HealthKit).
- If anyone claims that Upheld infringes their intellectual property, Upheld, not Apple, is responsible for dealing with that claim.
- You confirm that you're not in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and that you're not on any U.S. Government list of prohibited or restricted parties.
- You must also follow any third-party terms that apply when using Upheld, such as your mobile carrier's.
- Apple and its subsidiaries are third-party beneficiaries of these terms, and once you accept them, Apple may enforce them against you.
Changes
We may update these terms as Upheld grows. If we make an important change, we'll update the date at the top and let you know in the app before it takes effect.
Contact
Upheld is made by Lea Dahms, Wesley Chapel, Florida, United States. Questions, support or claims about Upheld: [email protected]