Last Updated: 16.9.2024
Welcome to UPSTRIVE (the "App").
These Terms and Conditions ("Terms") govern your use of the App, which is owned and operated by UPSTRIVE GMBH, Salzburg, Austria ("we," "us," "our"). By downloading, installing, or using the App, you agree to comply with and be bound by these Terms.
If you do not agree to these Terms, please do not use the App.
Our goal is to ensure every child thrives in a supportive environment. We empower children to become mentally strong. Through this app we provide services to parents and children (age 10 to 18).
For parents, our app provides the tools needed to offer the best possible support for their children’s Wellbeing, helping parents manage stress and build resilience for an uncertain future. The app provides the tools parents need to best support the children’s mental strength, as well as to feel confident in supporting them.
For children, our app provides support in their journey from childhood to adulthood that has never been more complex in a constantly changing world. The services we provide are designed to support and encourage self-confidence through compassion and empathy. Upstrive supports children within 3 main services: Reflect, Journal, Solve, Courses.
The App is designed for both parents and children under the age of 18 ("Child" or "Children").
For a child under the age of 18 (“Child” or “Children”), the Child’s parent or legal guardian (“Parent”) is required to allow the use of the app and consent to these Terms and Conditions on behalf of the Child. Parents are responsible for monitoring their Child's use of the App and ensuring that the Child complies with these Terms.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the App for personal, non-commercial purposes.
Parent is required to create an account on behalf of the Child. It is the responsibility of the Parent to provide accurate and complete information during the registration process.
Upstrive takes appropriate measures to keep each account secure. Information created through the app may be used only within these Terms and Privacy Policy.
The Parent is responsible for maintaining the confidentiality of the account credentials and for all activities that occur under the account. The Parent agrees to notify us immediately of any unauthorized use of the account.
The Parent may terminate the account at any time. The child may terminate the account upon the confirmation of the Parent. In accordance with the data provided by the Parent, at the age of 15 the Child may terminate the account themselves.
The App may offer products and services for purchase ("In-App Purchases"). Please note that these In-App Purchases are subject to App stores (Google Play store and Apple store) individual terms and conditions. Parents must approve any In-App Purchases made by the Child.
Some features of the App may be available on a subscription basis. The Parent may agree to pay applicable fees for subscriptions and to abide by any additional terms specific to the subscription services.
The parent or legal guardian retains ownership of any content submitted by the child through the App ("User Content"). The content created by the user is attached to the user’s profile.
The parent retains ownership of any personal content submitted through the App ("User Content"). The content created by the user is attached to the user’s profile.
It is prohibited to submit any content that is illegal, harmful, or offensive, that infringes the intellectual property rights of others or contains viruses or other harmful code.
We are committed to protecting your privacy. Our Privacy Policy, which can be found in the app, explains how we collect, use, and disclose information about you and the Child. The use of the App is on a voluntary basis, therefore the user consents to data processing. However, there is a necessity to process personal data for other purposes and legal bases. By using the App, the Parent consents to data processing and confirms the receipt and understanding of our collection and use of data as described in the Privacy Policy.
All content and materials included in the App, including but not limited to text, graphics, logos, and software, are the property of UPSTRIVE GMBH, Salzburg, Austria, or its licensors and are protected by applicable intellectual property laws. The Parent agrees not to use any such content or materials without our prior written permission.
The App is provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, we 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:
The use or inability to use the App;
Any unauthorized access to or use of our servers and/or any personal information stored therein;
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App by any third party;
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App.
Please note that the information provided on this app is not intended to diagnose or treat any mental health condition, nor is it a substitute for professional mental health advice, diagnosis, treatment, or safeguarding practices. For mental health care, please consult a qualified professional. If you are experiencing a mental health or safeguarding emergency, contact your local emergency services or appropriate professional resources immediately.
The Parent agrees to indemnify, defend, and hold harmless UPSTRIVE GMBH, Salzburg, Austria, its affiliates, and their respective 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 the Child's or its access to or use of the App or the Parent's violation of these Terms.
We may modify these Terms at any time. We will provide notice of any changes by posting the new Terms on the App or by other means. The Parent's continued use of the App following such notice constitutes acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the laws of Austria without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Salzburg, Austria.
If you have any questions about these Terms, please contact us at info@upstrivesystem.com
