Terms of use

1. About these terms

These terms are an agreement between you and Upbird, based in Slovenia ("we", "us"). They apply when you use the Upbird app or this website. By using Upbird you agree to them. Our privacy policy explains how we handle your data.

2. Who can use Upbird

You must be at least 13. If you're under 18, or under the age of adulthood where you live, a parent or guardian must agree to these terms for you. In some EU countries you need a parent's or guardian's permission if you're under 16.

3. Your account

You sign in with Apple or Google. Keep access to that account safe, because whoever can sign in to it can use your Upbird account. One account is for one person. We may suspend or close an account that breaks these terms; where we can, we'll tell you why first.

4. Alarms: please read

Upbird uses Apple's alarm system so it can ring through silent mode and Focus, even with the app closed. Still, no alarm can ring in every situation. It may not ring if your phone is off, out of battery, damaged or set to a different time, if you removed Upbird's permissions, if iOS changes how alarms work, or because of a bug.

Don't rely on Upbird alone when missing a wake-up could cause serious harm, such as taking medicine, catching a flight or getting to a shift. Set a second alarm for those mornings.

5. Missions and your safety

Missions ask you to move: push-ups, squats, walking around your home or going outside. You choose the mission and the number of reps.

• Only do missions that are safe for you. If you have a health condition, an injury or are pregnant, check with a doctor first.
• Get up slowly. Stop if you feel pain, dizziness or shortness of breath.
• Watch out for stairs, wet grass, the dark and the weather when a mission takes you outside.
• Don't photograph other people without their permission.

Upbird is not a medical or fitness service. The reasons we give for why a mission wakes you up are general information, not medical advice.

6. Automatic photo checks

Photo missions are checked automatically by an AI model, and it can make mistakes: it might reject a good photo or accept a poor one. If a check fails, you can take another photo. If photo checks aren't available, for example because you're offline, Upbird switches to squats so you can still turn off the alarm.

Don't send photos that are illegal, sexual, violent or show someone who hasn't agreed to it.

7. Friends and fair use

Your name, your bird and your streak are visible to people in your groups. Names and group names must not be offensive or hateful, impersonate someone, or include someone else's personal details. We may change or remove names and groups that break this rule.

Please don't:

• try to break, overload or get around Upbird's security;
• copy, scrape or resell Upbird or its content;
• use bugs or tricks to mess with other people's groups or our services;
• use Upbird to harass anyone or to break the law.

8. Your bird, badges and streaks

Your bird, its outfits and colours, badges and streaks are part of the game. They have no money value, can't be sold or transferred, and aren't your property. We may add, change or retire items and badges to keep the game balanced and fun.

9. Purchases

If Upbird offers paid features, you buy them through Apple's App Store. Apple handles payment, renewals and refunds under its own terms. We'll always show the price and what you get before you buy. You can manage or cancel subscriptions in your Apple account settings.

10. What's ours and what's yours

Upbird, including the app, the bird characters, the design, the sounds and the name, belongs to us. We give you a personal, non-transferable licence to use the app for your own non-commercial use. Don't copy, change or reverse-engineer it, except where the law allows.

What you create, such as your name, group names and photos, stays yours. You give us permission to use it only as needed to run Upbird, for example to show your name to your groups or send a mission photo to be checked. If you send us feedback, we may use it to improve Upbird without owing you anything.

11. Changes and ending your use

We keep improving Upbird, so features may change, and we may stop offering parts of it. If we ever close Upbird, we'll tell you in advance where we can.

You can stop using Upbird at any time and delete your account in Settings → Delete Account. We may end your access if you seriously or repeatedly break these terms.

12. Warranty and liability

We provide Upbird as it is and as available. We do our best to make it work well, but we can't promise it will always work without interruption or errors. This doesn't affect any rights you have by law, such as the legal guarantee for digital content in the EU.

We are not liable for indirect or consequential losses, including the consequences of a missed alarm (see section 4), or for losses caused by things outside our control. Where the law allows a limit, our total liability to you is the greater of what you paid us in the 12 months before the claim and €50.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, for intent or gross negligence, or for anything else that can't be limited by law.

13. Apple

These terms are between you and us, not Apple. We, not Apple, are responsible for Upbird, its support and any claims about it, including claims that it breaks the law or someone's rights. Apple has no duty to provide support or maintenance for Upbird. If Upbird fails to meet a warranty that applies by law, you can tell Apple, and Apple may refund the price you paid, if any; Apple has no other warranty obligation. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. You confirm that you aren't in a country under a U.S. government embargo and aren't on a U.S. list of prohibited parties.

14. Law and disputes

These terms are governed by the law of Slovenia. If you're a consumer living in the EU, you also keep the protection of the mandatory laws of the country where you live, and you can bring a claim in your local courts.

If something goes wrong, please email us first. Most problems can be solved quickly that way.

15. Changes to these terms

We may update these terms when Upbird changes or the law requires it. We'll update the date at the top and, for important changes, tell you in the app before they apply. If you don't agree, you can stop using Upbird and delete your account.

16. Contact us

Upbird
Slovenia
Email: snebergerniko@gmail.com