These terms form an agreement between you and [[LEGAL_NAME]] ([[BUSINESS_ADDRESS]], SIRET [[SIRET]]) covering your use of the UpperMax iOS application. By downloading or using the app, you accept them. If you do not accept them, do not use the app.
You must be at least [[MINIMUM_AGE]] years old to use UpperMax. By using the app you confirm that you are.
UpperMax measures visible physique proportions from photographs you take, produces a Frame Score and related metrics, and generates a training-oriented roadmap based on those measurements and the profile information you provide.
UpperMax is a fitness and self-tracking tool. It is not a medical device and it does not provide medical advice.
Consult a qualified healthcare professional before beginning any new training or nutrition programme, and particularly if you have or suspect an eating disorder, body dysmorphic disorder, or any condition affected by exercise or diet. If the app's outputs cause you distress, stop using it and speak to someone qualified.
We want you to understand what the numbers mean, because a measurement you misread is worse than no measurement.
You should not make medical, nutritional or significant personal decisions on the basis of a single score.
You are responsible for the security of the account you sign in with and for activity that occurs under it. Provide accurate information — the analysis is calibrated on what you tell us. You may delete your account at any time in Profile › Delete account. See section 7 for what deletion does and does not affect.
You agree not to:
The photographs you capture remain yours. You grant us a limited, revocable licence to store and process them solely to provide the service to you — measurement, analysis, and your own progress history. That licence ends when you delete the content or your account.
We will never publish your photographs, show them to other users, use them in marketing, or use them to train machine-learning models. This is stated in the Privacy Policy and we consider it binding.
UpperMax offers an auto-renewing subscription that unlocks paid features.
| Seller | Purchases are made from and processed by Apple, not by us. Apple is the merchant of record. |
|---|---|
| Free trial | Where a free trial is offered, it converts automatically into a paid subscription at the end of the trial period unless cancelled at least 24 hours beforehand. |
| Renewal | Subscriptions renew automatically for the same period at the then-current price unless cancelled at least 24 hours before the end of the current period. |
| Cancellation | Cancel at any time in iOS Settings › your name › Subscriptions. Access continues until the end of the paid period. Deleting your UpperMax account does not cancel your subscription. |
| Refunds | Handled entirely by Apple under Apple's refund policy. We cannot issue refunds for App Store purchases. Request one at reportaproblem.apple.com. |
| Price changes | We may change prices for future periods. Apple will notify you and, where required, ask for your consent before a changed price takes effect. |
Current prices, billing period and renewal terms are always shown on the purchase screen before you confirm.
We aim to keep the app working but do not guarantee uninterrupted availability. We may add, change or remove features, and may update, suspend or discontinue the app. Where a change materially reduces what you have paid for, we will act reasonably and in accordance with your statutory rights.
You may stop using the app and delete your account at any time. We may suspend or terminate access if you materially breach these terms, in particular section 5. Where practical and lawful, we will tell you why.
To the fullest extent permitted by law, the app is provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose and accuracy of results. Nothing in this section limits rights you have as a consumer that cannot be limited by law.
To the fullest extent permitted by law, we are not liable for indirect or consequential loss, loss of data, or loss of profit arising from your use of the app. Our total aggregate liability is limited to the greater of (a) the amount you paid us in the twelve months before the event, or (b) €50.
We do not exclude or limit liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded. If you are a consumer in the European Union, your mandatory statutory rights are unaffected by these terms.
If you are a consumer resident in the EU, you benefit from mandatory protections under the law of your country of residence, and nothing here removes them. Because purchases are made through the App Store, statutory withdrawal and conformity rights are exercised through Apple.
The European Commission's online dispute resolution platform is available at ec.europa.eu/consumers/odr.
These terms are governed by French law. If you are a consumer, you may bring proceedings in the courts of your country of residence, and you retain the protection of the mandatory provisions of that country's law. Before going to court, French law allows you to seek free mediation from a consumer mediator.
We may update these terms. Material changes will be notified in the app before they take effect. Continuing to use the app after that point means you accept the updated terms.
[[LEGAL_NAME]] — [[CONTACT_EMAIL]]
See also the Privacy Policy.