Upp Terms of Service

Last updated: 7 September 2026 · Version 2026-09-07-v1

1. Agreement to these terms

These Terms of Service (the "Terms") form a legally binding agreement between Jakob Tominc, Butajnova 4a, 1354 Horjul, Slovenia ("Upp", "we", "us"), and you ("you") when you download, install, register for or use the Upp mobile application (the "App") or the website glowupp.org.

By creating an account, joining the Website waitlist or otherwise using the App or Website, you confirm that you have read these Terms and the Privacy Policy, and that you accept them. If you do not agree, do not create an account, join the waitlist or use the services.

2. What the App does

Upp provides general wellness support: personalised exercise and training plans, workout and progress tracking, nutrition logging (manual and barcode scanning), running tracking with GPS, Community features, challenges, gamification (XP, levels, streaks, badges, in-app cosmetics) and statistics. Recommendations in the App are generated by rule-based algorithms from the settings and data you provide; they are suggestions, not medical advice.

Skincare, haircare and other advanced modules are shown in the App only as "coming soon" placeholders and are not part of the current service.

3. Price and nature of the service

The App is currently provided free of charge. There are no paid subscriptions, premium tiers, in-app purchases of real products, payment gateways or recurring billing. Gems, credits and cosmetic items are virtual in-app rewards with no monetary value and cannot be exchanged for money. We may introduce paid features in the future; if we do, we will publish updated terms and obtain your explicit consent before you can use them.

The service is provided on an "as is" and "as available" basis, subject to Section 12. Because it is free, we may modify, suspend or discontinue parts of the service, but we will always process your personal data in accordance with the Privacy Policy.

4. Eligibility and age

You must be at least 15 years old to create an account and use Upp, in line with the Slovenian digital age of consent (Art. 8 GDPR and ZVOP-2). By registering you confirm that you meet this requirement. We do not allow parental consent on behalf of children under 15. If we discover that an account belongs to a person under 15, we may suspend or terminate the account and delete the associated personal data.

5. Health, fitness and nutrition disclaimer

Upp is not a medical device and does not diagnose, treat, cure or prevent any medical condition.

• Content, tracking metrics, plans and recommendations in the App are general wellness information, not medical advice, diagnosis or treatment.
• Upp is operated by a private individual, not by a medical professional. Nothing in the App assesses your medical history or health status beyond what you choose to tell us.
• You are responsible for consulting a qualified healthcare professional before starting a new exercise programme, significantly changing your nutrition, or acting on any recommendation, especially if you have a medical condition, are injured, pregnant, or have cardiovascular, metabolic or musculoskeletal risks.
• In an emergency, or if you experience pain, dizziness, shortness of breath, fainting or other concerning symptoms, stop immediately and seek professional medical help.

6. Accounts and security

You agree to provide accurate, current and complete information and to keep it up to date. You are responsible for keeping your credentials confidential and for all activity under your account. Notify us at info@glowupp.org immediately if you suspect unauthorised access. To the extent permitted by law, we are not liable for losses caused by your failure to protect your credentials.

7. Acceptable use

You agree not to use Upp to:

• violate applicable law or the rights of others;
• post, generate or transmit illegal, defamatory, discriminatory, harassing, hateful, sexually explicit or otherwise offensive content;
• impersonate another person or create fake profiles;
• post personal information about other people without their consent;
• spam, manipulate followers, likes, XP, challenges or other reward systems, or use bots;
• reverse-engineer, decompile or extract the source code of the App beyond what mandatory law permits;
• interfere with, disrupt or compromise the security of the App, its servers or its associated infrastructure, or bypass access controls and rate limits.

Community content that violates these rules may be removed; serious or repeated violations may lead to restricted Community access, account suspension or termination (Section 13).

8. Your content and licence

You retain all rights to the content you submit (posts, measurements, logs, avatar). You grant Upp a limited, non-exclusive, royalty-free licence to host, store, process and display your content only for the purpose of operating and securing the App, including transmitting it to the infrastructure providers listed in the Privacy Policy. This is not a transfer of ownership. You can delete your own posts at any time.

9. Intellectual property

The App, including its software, design, branding, logo, text, graphics and algorithms, is owned by Upp and its licensors. You receive a limited, revocable, non-transferable licence to use the App on your own device for personal, non-commercial purposes. You may not copy, distribute or create derivative works from it without our prior written permission. The "Upp" name and logo are not yet registered as a trademark; this does not create rights for third parties to use them.

10. Third-party services

Upp relies on third-party services — currently Google/Firebase (authentication, database, storage, crash reporting, sign-in), Mapbox (maps), FatSecret and Open Food Facts (food lookups), PostHog (optional usage analytics), and Netlify, Upstash, Resend and Formspree for Website hosting, waitlist storage, confirmation email and contact-form delivery. These services operate under their own terms and privacy policies; we are not responsible for their availability or their independent processing. See the Privacy Policy for details about what each provider receives.

11. Availability and changes to the service

We aim to keep the App available but do not guarantee uninterrupted availability. The App may be unavailable due to maintenance, network or third-party outages, and may not work on all devices or OS versions. Features may be added, changed or removed. We will inform you about material changes that affect your data, as described in the Privacy Policy.

12. Disclaimer of warranties and limitation of liability

To the maximum extent permitted by applicable law:

• the App is provided "as is" and "as available" without warranties of any kind, including fitness for a particular purpose and non-infringement;
• we are not liable for indirect, incidental, special or consequential damages, including loss of data or lost progress, arising from the use or unavailability of the App;
• we are not liable for injury, property damage or health consequences arising from your use of the App or your reliance on general wellness information (see Section 5).

Nothing in these Terms excludes or limits liability that cannot be excluded by law — in particular liability for death or personal injury caused by our gross negligence or wilful misconduct, and the non-excludable mandatory rights you have as a consumer under the Slovenian Consumer Protection Act (ZVPot-1) and applicable EU consumer law, including rights regarding the conformity of digital content.

13. Suspension, termination and account deletion

By you: you can stop using Upp at any time and delete your account in the App (Settings → Delete Account), or request deletion by emailing jakob@glowupp.org. Deletion removes your profile, credentials and personal data from the active production systems, as described in the Privacy Policy (including the 30-day backup window and the anonymisation of your public Community posts).

By us: we may suspend, restrict or terminate your account if you materially breach these Terms, use the App illegally or fraudulently, or threaten the security of the service or other users. Where reasonably possible we will tell you why. You can of course object or, where applicable, request access to or deletion of your data under the Privacy Policy.

14. Privacy and health data

Your data is processed as described in the Privacy Policy, which forms part of these Terms. In particular:

• injury and medical condition data, and Health Connect data, are processed only with your explicit consent, which you can withdraw at any time;
• location tracking starts only when you grant the location permission for a run;
• usage analytics is off by default and starts only when you opt in.

15. Changes to these Terms

We may update these Terms to reflect legal, technical or product changes. For material changes we will give you reasonable advance notice in the App (in-app notice or prompt), on the Website or by email and will update the date at the top of this document. Changes will not retroactively reduce rights you have already accrued. Where applicable law requires affirmative acceptance, we will ask for it. Otherwise, continued use after the changes take effect means you accept the updated Terms; if you do not accept them, you must stop using the service and may delete your account. Minor clarifications and formatting changes may take effect immediately.

16. Governing law and disputes

These Terms are governed by the laws of the Republic of Slovenia, without prejudice to mandatory consumer protection rules of your country of residence. The courts of Slovenia have jurisdiction, unless mandatory law grants you a different forum. For consumer disputes you may also use out-of-court dispute resolution bodies in your country; in Slovenia you can obtain information from the Ministry of the Economy, Tourism and Sport. Data protection complaints can be lodged with the Slovenian Information Commissioner (ip-rs.si).

17. Contact