Last updated: 27 March 2026
These Terms of Service and End User License Agreement (the "Terms") form a legally binding agreement between you and Upstrive GmbH ("Upstrive," "we," "us," or "our") governing your access to and use of the Upstrive mobile application, related websites, AI-powered features, content, software, and associated services (together, the "Services").
By creating an account, downloading the App, clicking to accept, or otherwise accessing or using the Services, you agree to these Terms. If you do not agree, you must not use the Services.
These Terms should be read together with our Privacy Policy and AI Features and Data Use Notice, which explain how we process personal data and how our AI-powered features work.
The Services are provided by:
Upstrive GmbH
Techno Z Urstein
Urstein 15
5412 Puch bei Hallein
Austria
Email: info@upstrivesystem.com
Privacy contact: infor@upstrivesystem.com
These Terms govern both:
| Component | What is covered |
|---|---|
| Service terms | Your use of the Upstrive digital service, account, content, subscriptions, AI features, support, and related functionality |
| Software license terms | Your limited right to install and use the mobile application and related software |
For consumer users in the European Union and other jurisdictions with mandatory digital-content rules, these Terms are intended to operate consistently with applicable consumer law for digital content and digital services, including mandatory conformity and remedy rights that cannot be excluded by contract.
You may use the Services only if you are legally capable of entering into a binding contract and are not prohibited from using the Services under applicable law.
The Services are not directed to children under 10 years. If you are under the minimum age required in your jurisdiction, you may use the Services only where permitted by law and, if required, with valid parental or guardian authorization.
If you create an account, you must provide accurate, current, and complete information and keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, except to the extent caused by our failure to use appropriate security measures.
You must notify us promptly if you believe your account has been accessed without authorization.
Some parts of the Services may be offered on a paid subscription or one-time purchase basis.
| Topic | Terms |
|---|---|
| Pricing | Prices, subscription periods, and feature availability will be shown to you before purchase |
| Auto-renewal | If a subscription auto-renews, this will be disclosed at the point of purchase together with the renewal cadence and cancellation method |
| App stores | Purchases made through the Apple App Store or Google Play are processed by the relevant platform and may be subject to additional store terms |
| Taxes | Prices may include or exclude taxes depending on your jurisdiction and the platform’s billing model |
| Refunds | Refund rights are subject to applicable mandatory law and, where relevant, the policies of the app store through which you purchased |
If you purchased through an app store, subscription management, cancellation, and some refund processes may need to be handled through that store account.
Nothing in these Terms limits any non-waivable consumer rights you may have under applicable law, including statutory rights relating to digital services, non-conformity, failed supply, or reimbursement.
Subject to these Terms, Upstrive grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App on a device you own or control, solely for your personal, non-commercial use and solely in connection with the Services.
This license is granted, not sold. The App and Services are licensed to you as an individual unless we expressly agree otherwise in writing.
This license includes updates, patches, bug fixes, and upgrades that we make available to you, unless a separate license applies.
The Services, including the App, software, interfaces, visual elements, branding, text, graphics, databases, compilations, and underlying technology, are owned by or licensed to Upstrive and are protected by intellectual property and other laws.
Except for the limited rights expressly granted in these Terms, we reserve all rights, title, and interest in and to the Services.
Our company names, logos, product names, and other brand features are our trademarks or those of our licensors. These Terms do not grant you any right to use them except as necessary for lawful use of the Services.
Some features of the Services use artificial intelligence to generate content, provide contextual suggestions, support chat-style interactions, or assist with your in-app experience.
Important: When you use an AI-powered feature, you are interacting with an automated system and not with a human.
AI outputs are generated probabilistically and may be inaccurate, incomplete, outdated, misleading, or inappropriate for your situation. AI-generated content is provided for general informational and in-app support purposes only and is not a substitute for human judgment or professional advice.
Unless we clearly state otherwise for a specific feature, the Services are not intended to provide medical, mental-health, legal, financial, insurance, employment, education-admission, credit, or emergency advice or decision-making support. You must not rely on AI outputs as the sole basis for decisions in serious, sensitive, or high-risk situations.
If you are experiencing an emergency or crisis, do not rely on the Services. Contact appropriate emergency services or a qualified professional immediately.
We may add, modify, restrict, suspend, or remove AI-powered features from time to time, including for safety, legal, technical, or operational reasons.
You may submit content through the Services, including account information, messages, prompts, text, files, images, feedback, support communications, and other materials (together, "User Content").
You retain any rights you have in your User Content. However, you grant Upstrive a worldwide, non-exclusive, royalty-free license, for the duration necessary to operate the Services and subject to applicable law, to host, store, reproduce, transmit, adapt, format, analyze, display, and otherwise use your User Content solely to:
| Permitted purpose | Example |
|---|---|
| Provide the Services | Process your prompts, display your content, generate requested outputs |
| Maintain and secure the Services | Detect abuse, prevent fraud, moderate content, troubleshoot incidents |
| Provide support | Investigate user-reported issues and respond to support requests |
| Comply with law | Meet legal obligations, enforce rights, respond to lawful requests |
You represent and warrant that you have all rights necessary to submit the User Content and to grant the rights described above, and that your User Content does not violate applicable law or the rights of any third party.
Except as clearly described in the Privacy Policy or AI Notice and subject to any required consent, we do not use your personal data submitted through the Services to train general-purpose AI models for unrelated purposes, and we do not authorize our AI inference providers to use your submitted personal data for their own independent model training purposes.5
Unless we explicitly request it for a clearly explained and lawful feature, you must not submit through AI chat, uploads, or other free-text features any of the following:
| Prohibited or restricted submission | Examples |
|---|---|
| Highly sensitive personal data | Detailed health, mental-health, biometric, or government-ID data |
| Financial secrets | Full payment card numbers, bank credentials, tax identifiers |
| Third-party confidential information | Employer secrets, private records of other individuals, confidential documents |
| Illegal or harmful content | Unlawful material, abusive content, malicious code, fraud-related material |
| Emergency or crisis content | Information requiring immediate professional, medical, or emergency intervention |
If you submit sensitive or restricted information despite these warnings, you do so at your own risk to the extent permitted by law. We may remove, block, or decline to process such content where legally and technically feasible.
You agree not to, and not to assist or permit others to:
| Restricted conduct | Examples |
|---|---|
| Reverse engineer or interfere with the Services | Decompile, disassemble, bypass security, probe vulnerabilities without authorization |
| Abuse the AI features | Generate harmful, deceptive, unlawful, infringing, harassing, or manipulative outputs |
| Misuse access methods | Scrape, crawl, automate access, overload systems, or circumvent rate limits except as authorized |
| Violate rights or law | Infringe intellectual property, privacy, publicity, confidentiality, or other rights |
| Misrepresent the Services | Falsely imply that AI outputs are human-generated or officially endorsed where they are not |
| Use the Services for prohibited high-risk purposes | Attempt to use the Services for medical diagnosis, crisis intervention, legal determinations, credit decisions, employment screening, or similar high-impact uses unless we expressly authorize such use in writing |
We may investigate suspected violations and may suspend or terminate access, remove content, or take other appropriate action.
If you provide suggestions, ideas, comments, or other feedback relating to the Services ("Feedback"), you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free right to use and exploit that Feedback without restriction and without compensation to you, provided that we do not thereby override any rights you have in your personal data under applicable law.
The Services may interoperate with or be distributed through third-party platforms, operating systems, payment processors, hosting providers, analytics tools, and AI service providers. Those third parties may have their own terms and privacy notices governing their services.
Your use of third-party services is subject to the applicable third-party terms where relevant. Upstrive is not responsible for third-party services we do not control, except as required by law.
If you download the App through Apple’s App Store, Google Play, or another marketplace, you acknowledge that the relevant store operator is not a party to these Terms except to the extent required under applicable platform terms. Additional platform-specific terms may apply.
Your use of the Services is also subject to our:
| Document | Purpose |
|---|---|
| Privacy Policy | Explains how personal data is collected, used, disclosed, retained, and protected |
| AI Features and Data Use Notice | Explains how AI features work, what data may be analyzed, and key AI-related limitations and choices |
By using the Services, you acknowledge that your personal data will be processed as described in those documents.
We may update, improve, modify, suspend, discontinue, or replace any part of the Services from time to time, including features, design, content, technical functionality, availability, integrations, and AI capabilities.
Where required by applicable law, and especially in consumer jurisdictions, we will provide updates, including security updates, that are necessary to keep the digital service in conformity with the contract for the relevant period.1
We do not guarantee that every feature will always be available, uninterrupted, secure, or error-free. However, nothing in these Terms excludes any mandatory statutory guarantee, warranty, conformity right, or similar right that cannot be lawfully excluded.1 2
We may suspend, restrict, or terminate your access to all or part of the Services, with or without notice where appropriate, if:
| Reason | Example |
|---|---|
| Breach of these Terms | Violating acceptable-use rules or payment obligations |
| Safety or security concern | Account compromise, abuse, malicious activity, or harmful use |
| Legal or regulatory requirement | Court order, lawful request, sanctions, compliance obligation |
| Operational necessity | Service shutdown, discontinuation of a product line, or major infrastructure change |
You may stop using the Services at any time. You may also terminate your account in accordance with the in-app settings or by contacting us.
If these Terms terminate, the rights granted to you under these Terms will end immediately, but provisions that by their nature should survive will remain in effect, including provisions relating to intellectual property, accrued payment obligations, disclaimers, limitations of liability, dispute resolution, and legal compliance.
Where required by applicable law, termination will not affect rights or remedies that accrued before termination, including statutory consumer rights relating to paid digital services.1
Nothing in these Terms is intended to exclude, restrict, or limit any right that you may have under applicable mandatory law, including consumer protection, product conformity, data protection, unfair contract terms, or statutory warranty laws.1 2
If you are a consumer, any provision of these Terms that is prohibited or unenforceable under mandatory law in your jurisdiction will not apply to you to that extent, but the rest of the Terms will remain in effect so far as legally permissible.
To the maximum extent permitted by applicable law, and subject to Section 16, the Services are provided on an "as is" and "as available" basis.
We do not warrant that the Services will always be uninterrupted, error-free, completely secure, or available at all times. We do not guarantee that AI outputs or other content will be accurate, complete, reliable, or suitable for any particular purpose.
Nothing in these Terms excludes any warranty, representation, or guarantee that cannot lawfully be excluded.
Nothing in these Terms excludes or limits liability for:
| Non-excludable liability | Meaning |
|---|---|
| Intentional misconduct or fraud | Liability that cannot lawfully be excluded |
| Gross negligence where exclusion is prohibited | Liability preserved under mandatory law |
| Death or personal injury caused by negligence where non-excludable | Liability preserved under mandatory law |
| Violation of mandatory consumer or data protection rights | Liability preserved under mandatory law |
Subject to the foregoing and to the maximum extent permitted by applicable law, Upstrive will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, business opportunity, or data, arising out of or related to the Services.
Subject to mandatory law, Upstrive’s aggregate liability arising out of or relating to the Services will not exceed the greater of:
This section applies whether the claim is based in contract, tort, statute, or otherwise, and even if a limited remedy fails of its essential purpose, except where prohibited by law.
To the extent permitted by applicable law and not applicable to consumers where such a clause would be prohibited or unfair, you agree to indemnify and hold harmless Upstrive and its officers, directors, employees, affiliates, and service providers from and against third-party claims, liabilities, damages, losses, and costs arising out of:
This section will be interpreted narrowly where mandatory consumer law requires.
We may revise these Terms from time to time.
If we make material changes, we will provide reasonable notice by appropriate means, such as through the App, by email, or by other service notification. The updated version will indicate the new "Last updated" date.
If a change materially and adversely affects you, and applicable law requires a further acceptance step or grants a termination right, we will comply with those requirements. Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the revised Terms, except to the extent a different process is required by law.2
These Terms are governed by the laws of Austria, excluding its conflict-of-law rules, unless mandatory law in your jurisdiction requires otherwise.
If you are a consumer residing in the European Union or another jurisdiction that grants you the protection of mandatory local consumer laws, you continue to enjoy those protections.
Any dispute arising out of or in connection with these Terms will be submitted to the competent courts of Salzburg, Austria, unless mandatory consumer law gives you the right to bring claims in another competent court.
Nothing in these Terms limits any right you may have to use applicable consumer complaint, online dispute resolution, or supervisory-authority mechanisms where available.
| Topic | Terms |
|---|---|
| Entire agreement | These Terms, together with any incorporated policies, form the entire agreement between you and Upstrive regarding the Services, except where additional written terms apply |
| Severability | If any provision is found unenforceable, the remainder will remain effective to the extent permitted by law |
| No waiver | Failure to enforce a provision is not a waiver of future enforcement |
| Assignment | You may not assign these Terms without our consent. We may assign these Terms as part of a merger, acquisition, reorganization, or sale of assets, subject to applicable law |
| No third-party beneficiaries | Except where required by law or platform terms, these Terms do not create rights in third parties |
If you have questions, complaints, or concerns about these Terms or the Services, please contact us at:
Upstrive GmbH
Email: info@upstrivesystem.com
Privacy contact: info@upstrivesystem.com
