Last Updated: October 1, 2024
Welcome to UPSTRIVE.
The Terms and Conditions described in this document apply to the following UPSTRIVE web and mobile applications ("App," "Apps"):
These Terms and Conditions ("Terms") govern your use of the Apps, which are owned and operated by UPSTRIVE GMBH, Upstrive GmbH – Techno-Z Urstein, Wissenpark Urstein, Urstein Süd 15, 5412 Puch bei Hallein, Austria, email: info@upstrivesystem.com ("we," "us," "our"). By downloading, installing, or using the Apps, you agree to comply with and be bound by these Terms.
If you do not agree to these Terms, please do not use the Apps.
UPSTRIVE provides a tool to measure and manage well-being in schools. If you are a UPSTRIVE user, it means that you are either a student or a staff member of a school that has a signed contract with us. The terms and conditions of app usage between us and your school are detailed in a separate agreement.
The terms and conditions you are reading right now are end-user terms and conditions.
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 schools and children (ages 7 to 18).
For schools, our app provides the tools needed to offer the best possible support for their students' well-being, helping schools manage stress and build resilience for an uncertain future. The apps provide the tools the schools need to best support the children's mental strength, as well as to feel confident in supporting them.
For students, our app provides support in their journey from childhood to adulthood, which 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 students through several main services: Mood check and log, Journal, and Courses.
UPSTRIVE supports the schools by enabling them to measure and manage their students' well-being, push our UPSTRIVE ready-to-use content to the students, create their own well-being content, and push premade or custom-made surveys to the schools. UPSTRIVE works as an all-in-one well-being solution for schools.
The App is designed for both school staff and students under the age of 18.
For students under the age of 18, the student'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.
Since UPSTRIVE has a contract signed with the school, it is the school's responsibility to obtain parental consent for the usage of the app. Upon enrollment of new students, schools obtain general consent from parents for all apps used within the school.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the App for personal, non-commercial purposes.
The school is required to create an account on behalf of the student. It is the responsibility of the school 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 our Privacy Policy.
The school is responsible for maintaining the confidentiality of the account credentials and for all activities that occur under the account. The school agrees to notify us immediately of any unauthorized use of the account.
The school may terminate the account at any time. The child may request to terminate the account upon confirmation from the parent or legal guardian. Once the student reaches the legal age of consent in their country, they may terminate the account themselves.
The App licenses are sold to schools only and do not have any other in-app purchases or offers.
Any data added by the student is their property. Since the student is a minor, their legal guardian retains ownership of any content submitted by the student through the App ("User Content").
In the case of school staff users, any content submitted by staff through the App is considered part of their work duties, and thus, the school as their employer owns the 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 on our website www.upstrive.de and in the app, explains how we collect, use, and disclose information about you and your child. By using the App, you consent to data processing and confirm the receipt and understanding of our data collection and use 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, Austria, or its licensors and are protected by applicable intellectual property laws. You agree not to copy, distribute, modify, create derivative works from, or 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:
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. If you or your child are experiencing a mental health or safeguarding emergency, please contact your local emergency services or appropriate professional resources immediately.
You agree to indemnify, defend, and hold harmless UPSTRIVE GMBH, 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 your or your child's access to or use of the App or your violation of these Terms.
We may modify these Terms at any time. We will provide notice of any significant changes by posting the new Terms on the App and notifying users through email or in-app notifications. Your 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:
