Terms of Service

1. Agreeing to these terms

These Terms of Service ("Terms") are an agreement between you and SoMa Inc., a company registered in the Republic of Korea, at Yiseong Bldg., 298, Dongho-ro, Jung-gu, Seoul 04617, Republic of Korea ("we", "us"). They cover the Upstanding apps, website and related services (the "Service"). By creating an account or using the Service, you agree to these Terms, our Privacy Policy and our Consumer Health Data Privacy Policy. If you don't agree, don't use the Service.

2. Who can use Upstanding

You must be at least 18 years old and able to form a binding contract. The Service is meant for people in the United States, and the app is offered only in the US App Store and Google Play. You may not use it if the law forbids you from doing so.

3. Not medical advice

• Talk to your doctor before starting a new exercise or diet program, especially if you are pregnant, have a health condition or injury, or take medication.
• Before your first check, the app asks a few safety questions (pregnancy, surgery in the last 6 months, osteoporosis, a heart condition or high blood pressure, a fall in the last year, dizziness or fainting). Answer them honestly and keep them up to date in the app. If any apply, check with your doctor before you start. We leave harder and balance-heavy moves out of your plan, but that doesn't replace your doctor's advice.
• Stop any exercise that causes pain, dizziness or shortness of breath. If you have pain or an injury, stop and check with a doctor or physical therapist.
• Numbers from photos and videos, such as body-fat ranges, angles, calories and protein, are estimates. They are not measurements.
• You are responsible for how you exercise. Use a safe space, weights you can control, and a spotter when you need one. Don't put yourself at risk to film a set.
• Stop and call 911 if you have chest pain, trouble breathing, feel faint, or get a sudden severe headache.

4. Your account

You need an account to use the Service. Give us accurate information and keep it up to date. Keep your sign-in secure; you are responsible for what happens under your account. One account is for one person. Tell us right away at support@getupstanding.com if you think someone else has used it.

5. Check-ins

Check-ins are what you use to run checks in the app. Each check shows its cost before you start. Today a Body Scan, Meal Review or Progress Check costs 2 check-ins, and a Form Check costs 1 check-in for up to 4 clips.

• Monthly check-ins. Your subscription gives you 30 check-ins at the start of each billing period. They reset on your renewal date and don't roll over.
• Purchased check-ins. Active subscribers can buy check-in packs. Purchased check-ins never expire and stay in your account even if your subscription ends. We use monthly check-ins first.
• Failed checks. When you start a check, its check-ins are set aside. If the check can't finish, they go back to your balance automatically.
• No cash value. Check-ins can't be exchanged for money, sold, or moved to another account, except where the law requires otherwise.
• Changes. We may change how many check-ins a check costs in the future. The cost is always shown before you start, and we'll never change the cost of a check you have already started.

6. Subscriptions and automatic renewal

In-app purchases (App Store and Google Play)

We sell subscriptions and check-in packs only in the app, through the App Store and Google Play. We don't sell them on our website.

• Payment is charged to your Apple ID or Google Play account when you confirm the purchase.
• Your subscription renews automatically unless you cancel at least 24 hours before the end of the current period. Your account is charged for the renewal within 24 hours before the current period ends.
• To cancel: on iPhone, go to Settings → your name → Subscriptions → Upstanding, or visit apps.apple.com/account/subscriptions. On Android, open Google Play → your profile → Payments & subscriptions → Subscriptions → Upstanding, or visit play.google.com/store/account/subscriptions. Deleting the app or your account does not cancel a store subscription.
• When you cancel, you keep access and your remaining monthly check-ins until the end of the period you already paid for. No further charges are made.
• Apple and Google handle billing for these purchases under their own terms. If the price goes up, you'll be told in advance as their rules require, and you can cancel before the new price applies.

Reminders

At least once a year, we'll remind you that your subscription renews automatically, what it costs, and how to cancel.

7. Refunds

Refunds are covered by our Refund Policy. Purchases made through Apple or Google are refunded by them under their rules. Nothing in these Terms takes away refund rights you have under the law.

8. Free first scan

New accounts can run one Body Scan for free. It shows your score and your biggest issue in full; the rest of the report and your Fix Plan need a subscription. The free scan is limited to one per person. We may refuse it if we see it being used again through new accounts.

9. Your content

"Your content" means the photos, videos, meal photos, notes and other information you add. You keep ownership of it.

You give us a non-exclusive, royalty-free, worldwide permission to host, store, copy, process, send (including to the service providers named in our Privacy Policy) and show your content back to you, only to provide and secure the Service for you. This permission ends when you delete the content or your account, except for copies we must keep by law or that sit in backups until they are overwritten.

When you add content, you confirm that:

• the photos and videos are of you, and you have the right to share them;
• no other person, and never anyone under 18, can be identified in them;
• they contain no nudity or sexual content (wear fitted clothes, for example a sports top and shorts);
• nothing in them breaks the law or anyone else's rights.

We may remove content that breaks these rules.

10. Rules for using Upstanding

Don't:

• upload photos or videos of other people, or use the Service to judge someone else's body;
• share your account or resell the Service;
• get around check-in limits, the free scan limit, or payments;
• copy, scrape, reverse engineer or interfere with the Service, except where the law allows it;
• use the Service or its output to build a competing product or to train other software;
• use the Service for anything illegal, harmful or abusive.

11. Our content and your license

The Service, including the app, exercise and self-check library, text, images, design and the Upstanding name and mark, belongs to us or our licensors. We give you a personal, non-commercial, non-transferable, revocable license to use the app and its content for your own fitness, under these Terms. If you send us feedback or ideas, we may use them without owing you anything.

12. How reports are made

Reports are created automatically by our software and our analysis provider, as described in our Privacy Policy. No trainer or clinician reviews them. They can be incomplete or wrong, especially when photos or videos are dark, cropped or blurry. Use them as one input, and use your own judgment.

13. Other companies' services

Parts of the Service rely on other companies, such as Apple and Google (app stores, payments and sign-in), Supabase (hosting) and Google's Gemini API (analysis). Their own terms may also apply to you. We aren't responsible for services we don't control.

14. Ending your use

You can stop using the Service and delete your account at any time (see Delete your account). Remember to cancel any store subscription separately.

We may suspend or close your account if you seriously or repeatedly break these Terms, if needed to prevent fraud or harm, or if the law requires it. Where reasonable, we'll tell you first and give you a chance to fix the problem or download your data. If we close your account for a reason other than your breach of these Terms, we'll refund the unused part of your current paid period where we can. If we stop offering the Service entirely, we'll give you at least 30 days' notice.

Sections that by their nature should last after your account ends (for example 9, 11 and 15 to 22) will continue to apply.

15. Disclaimers

To the fullest extent the law allows, the Service is provided "as is" and "as available". We don't promise any particular result, that the Service will always be available or error-free, or that reports will be accurate or complete. Some states don't allow certain warranty exclusions, so some of these may not apply to you.

16. Limits on our liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or data. Our total liability for any claim about the Service is limited to the amount you paid us for the Service in the 12 months before the claim.

Nothing in these Terms limits liability that can't be limited by law, such as liability for fraud, gross negligence, or death or personal injury caused by our negligence.

17. Your responsibility for claims

To the extent the law allows, you agree to cover our reasonable losses and costs from claims by others that arise because you broke these Terms or uploaded content you had no right to share.

18. Disputes

Talk to us first. Most problems can be fixed quickly. Before starting any formal claim, email support@getupstanding.com with your name, the problem, and what you want. We'll try to resolve it within 60 days.

If you live in the United States, you keep the protection of any consumer laws of your state that can't be waived by contract.

19. Changes to these terms

We may update these Terms. We'll post the new version here with a new date, and for important changes we'll tell you in the app or by email before they take effect. If you keep using the Service after that, the new Terms apply. If you don't agree, you can cancel and delete your account. Changes to price or automatic renewal terms follow section 6.

20. Extra terms for Apple devices

If you downloaded the app from Apple's App Store:

• These Terms are between you and us only, not Apple. We, not Apple, are solely responsible for the app and its content.
• Your license to use the app is limited to Apple-branded devices you own or control, as allowed by the Usage Rules in the Apple Media Services Terms and Conditions (including Family Sharing where it applies).
• We, not Apple, are solely responsible for maintenance and support of the app. Apple has no obligation to provide them.
• If the app fails to meet any warranty that applies, you may notify Apple, and Apple will refund the purchase price (if any) for the app. To the fullest extent the law allows, Apple has no other warranty obligation for the app. Any other claims, losses or costs from a failure to meet a warranty are our responsibility under these Terms.
• We, not Apple, are responsible for handling any claims by you or anyone else about the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection, privacy or similar claims.
• If someone claims the app or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
• You confirm that you are not in a country under a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.
• You must follow any third-party terms that apply when you use the app, such as your wireless data service agreement.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept them, Apple may enforce them against you as a third-party beneficiary.
• Questions, complaints or claims about the app: SoMa Inc., Yiseong Bldg., 298, Dongho-ro, Jung-gu, Seoul 04617, Republic of Korea, support@getupstanding.com.

21. Extra terms for Google Play

If you downloaded the app from Google Play, your purchases are also subject to the Google Play Terms of Service. Google is not responsible for the app or its content.

22. General

These Terms and the policies they mention are the whole agreement between you and us about the Service. If any part can't be enforced, the rest still applies. If we don't enforce a part right away, we haven't given it up. You can't transfer your rights under these Terms; we may transfer ours as part of a merger, acquisition or sale of assets, and we'll tell you if that happens. We aren't responsible for delays caused by events outside our reasonable control. We may send you notices in the app or by email. These Terms are written in English, and the English version controls.

23. Contact us

SoMa Inc.
Yiseong Bldg., 298, Dongho-ro, Jung-gu, Seoul 04617, Republic of Korea
Email: support@getupstanding.com
Help: Support