Terms of Service

1. Acceptance of Terms

By creating an account or using UpSpiral, you confirm that:

• You are at least 18 years old (or the age of majority in your jurisdiction)
• You have the legal capacity to enter into these Terms
• All information you provide is accurate and complete
• You will comply with all applicable laws and regulations

2. Description of Service

UpSpiral is a personal growth and visualization app that provides:

• AI-generated personalized visualization sessions
• Guided breathwork and binaural beat audio experiences
• Journaling and reflection tools
• Progress tracking and habit-building features

Important: UpSpiral is a personal development tool, not a medical device or therapeutic service. It is not intended to diagnose, treat, cure, or prevent any disease or medical condition.

3. Account Registration

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You may not share your account with others or create multiple accounts. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription and Billing

4.1 Free Tier

UpSpiral offers a free tier that includes:

• One full personalized session per day
• Pete voice narration
• Full onboarding and personalization
• Smart journaling and reflection
• Progress tracking

The free tier is available indefinitely with no credit card required.

4.2 Free Pro Trial

New users receive a 3-month free trial of UpSpiral Pro with full access to all premium features. No credit card is required to start the trial. You will be notified before the trial ends and can choose whether to continue with a paid subscription or revert to the free tier.

4.3 Paid Subscriptions

After your free trial, you may subscribe to UpSpiral Pro at:

• Monthly: $9.99 USD per month
• Yearly: $49.99 USD per year

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. You will be charged through your Apple App Store or Google Play Store account.

4.4 Cancellation and Refunds

You may cancel your subscription at any time through your device's subscription settings:

• iOS: Settings → [Your Name] → Subscriptions
• Android: Google Play Store → Menu → Subscriptions

Cancellation takes effect at the end of your current billing period. You will retain access until then. No partial refunds are provided for unused time in a billing cycle.

Refund requests may be submitted to peter@upspiralwellness.com and will be reviewed on a case-by-case basis in accordance with Apple App Store and Google Play Store refund policies.

4.5 Price Changes

We reserve the right to modify subscription pricing. Existing subscribers will be notified at least 30 days in advance. Price changes will not affect your current billing cycle.

5. User Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Attempt to reverse engineer, decompile, or disassemble the app
• Use automated systems (bots, scrapers) to access the Service
• Interfere with or disrupt the Service or servers
• Share, distribute, or resell your account access
• Upload malicious code or attempt to gain unauthorized access
• Misrepresent your affiliation with any person or entity

6. Intellectual Property

6.1 Our Content

All content provided through UpSpiral, including but not limited to audio recordings, visualizations, app design, text, graphics, logos, and software, is the property of Sizzle Pop Studios (UpSpiral) or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or create derivative works from any UpSpiral content without our express written permission.

6.2 Your Content

You retain ownership of any content you create within the app (journal entries, goals, reflections). By using the Service, you grant us a limited license to use this content solely for the purpose of:

• Providing and personalizing the Service to you
• Improving our AI models and features (in anonymized, aggregated form only)

We will never share your personal content publicly or with third parties for marketing purposes. See our Privacy Policy for details on how we handle your data.

7. Health and Safety Disclaimer

UpSpiral is not a medical device and is not intended to replace professional medical advice, diagnosis, or treatment.

• Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or mental health condition
• Never disregard professional medical advice or delay seeking it because of something you have experienced in the app
• If you are experiencing a mental health emergency, call 988 (Suicide & Crisis Lifeline) or go to your nearest emergency room

Binaural Beats: Some users may experience discomfort or adverse reactions to binaural beats. Discontinue use if you experience dizziness, nausea, headaches, or other negative effects. Do not use binaural beats if you:

• Have a history of seizures or epilepsy
• Have a pacemaker or other electronic medical device
• Are pregnant (consult your doctor first)
• Are under the influence of drugs or alcohol

Do not use UpSpiral while driving, operating machinery, or engaging in any activity requiring full attention.

8. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you consent to the practices described in our Privacy Policy.

9. Disclaimers and Limitation of Liability

9.1 No Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected.

9.2 Limitation of Liability

To the maximum extent permitted by law, Sizzle Pop Studios (UpSpiral) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or the like that may be transmitted through the Service by any third party

In no event shall our total liability to you for all damages exceed the amount paid by you to UpSpiral in the twelve (12) months preceding the claim, or $100 USD, whichever is greater.

10. Indemnification

You agree to defend, indemnify, and hold harmless UpSpiral, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

11. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will:

• Update the "Last Updated" date at the top of this page
• Notify you through the app or by email
• Provide at least 30 days' notice for material changes

Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

• Your right to use the Service will cease immediately
• We may delete your account and all associated data
• All provisions of these Terms that should reasonably survive termination will remain in effect

You may terminate your account at any time by contacting us at support@upspiralwellness.com.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at support@upspiralwellness.com to attempt to resolve the dispute informally. We will work in good faith to resolve any issues.

14.2 Arbitration

If we cannot resolve a dispute informally, you and UpSpiral agree to resolve disputes through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

You and UpSpiral agree to waive the right to a trial by jury and to participate in class actions or class arbitrations.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Vancouver, British Columbia.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and UpSpiral regarding the Service and supersede all prior agreements and understandings.

18. Contact Us

If you have any questions about these Terms, please contact us:

• Email: support@upspiralwellness.com
• Website: www.upspiralwellness.com
• Company: UpSpiral Wellness