Terms of Service

Last updated: 1 October 2026

These terms are the agreement between you and TC ADVANCED ANALITIQ SRL for using Upsy. By installing or using the app you accept them. If you do not accept them, do not use the app.

1. Who you are contracting with

Upsy is published by TC ADVANCED ANALITIQ SRL, a company registered in Romania, trading as Tome Apps. In these terms, "we", "us" and "our" mean that company, and "you" means the person using the app.

How we handle personal data is set out separately in the Privacy Policy, which forms part of this agreement.

2. Who may use Upsy

You must be at least 16 years old to use Upsy, and you must be legally able to enter into this agreement. If your local law sets a higher age for agreeing to terms like these, that age applies to you instead.

3. What Upsy does

Upsy reminds you to move a few times a day, watches you through the front camera, and counts your repetitions out loud. The pose model runs on your device. A set chains several exercises and the app keeps a log of what it counted.

Counting is a measurement, not a guarantee. It depends on lighting, camera placement, clothing, the space you are in and how the movement is performed. Repetitions can be missed, and repetitions can be counted that you would not have counted yourself. The app tells you when it cannot see you properly, and following that advice is the best way to get an accurate count, but we do not warrant that any particular count is exact.

4. Your account

The app creates an anonymous account on first launch so that your training is backed up from the first set. You can attach an Apple or Google sign-in to that account later, which is what lets you restore it on a new phone.

You are responsible for keeping access to the sign-in credential you attach. If you lose access to the Apple ID or Google account you used, we cannot recover the Upsy account behind it, because we have no other way to establish it is yours.

If you set up friends, the people you add can see a summary card of your training and can send you nudges, as the Privacy Policy describes. You can remove a friend at any time, which ends both.

You may delete your account at any time from the profile screen. The account is marked for closure, you are signed out, and the data is erased 30 days later. Signing back in within those 30 days cancels the closure.

5. Subscriptions and payment

Upsy is a paid app sold as an auto-renewing subscription. Access to the app requires an active subscription.

• Price and duration are shown at the point of purchase, in the App Store or Google Play sheet, in your own currency. That sheet is the authoritative statement of what you are agreeing to pay, and we deliberately do not repeat a price here where it could go out of date.
• A free trial may be offered, and if it is, its length is shown in the same sheet before you confirm. Free trials are usually available once per store account. If your store account has already used one, you will not be offered another, and the app's wording changes accordingly.
• Payment is taken by Apple or Google, not by us. We never see or hold your payment details.
• Subscriptions renew automatically at the end of each period unless you cancel at least 24 hours before that period ends. The renewal is charged to your store account.
• Cancelling is done in your store account, in the subscription settings of the App Store or Google Play, not in Upsy. The app links you there. Cancelling stops future renewals; you keep access until the end of the period you have already paid for.
• Refunds are handled by the store that took the payment, under its own policy. We can ask on your behalf but we cannot issue a refund ourselves, because we never received the money directly.
• Prices can change. If they do, the change applies to renewals after we have given you notice, in the way the store requires, and you can cancel before it takes effect.

If you are a consumer in the European Union, you normally have 14 days to withdraw from a distance contract. By starting to use the app immediately after purchase, you ask us to begin supplying digital content within that period and you acknowledge that you lose the right of withdrawal once supply has begun. This does not affect your statutory rights if the app is faulty.

6. Health, safety and the limits of counting

Upsy is not a medical device. It does not diagnose, treat, cure or prevent any medical condition, and nothing in it is medical advice. It counts repetitions, records how long you moved, and quotes public exercise guidelines. It makes no claim about your health, your fitness, your body composition or your risk of anything.

Exercise carries risk of injury. Before starting any exercise programme, and particularly if you are pregnant, recovering from an injury or an operation, have a heart condition, a musculoskeletal condition or any other medical concern, speak to a doctor or a qualified health professional. Stop immediately if you feel pain, dizziness or shortness of breath, and seek medical attention if it persists.

You decide what to do with your body. Upsy suggests routines and counts what it sees. It cannot see your form, it cannot see your fatigue, and it cannot tell you that today is a day to stop. That judgement is yours, and you use the app at your own risk.

Clear the space around you before a set. Make sure the floor is not slippery and that your phone is stood somewhere it will not fall on you.

7. Your content and the camera

Upsy keeps one photo per set. Those photos are yours. They are backed up to your own account so that a new phone gets them back, and no other account can see them, including your friends in the app. You can delete them at any time, which deletes them from your account too, and you can switch the feature off entirely in Settings, in which case none are taken. The Privacy Policy says exactly where they are stored.

You are responsible for what your camera points at. Do not use Upsy to record other people without their agreement, and do not use it anywhere a camera is not allowed.

Your training log is yours as well. We mirror it to your account so we can give it back to you, as described in the Privacy Policy, and for no other purpose.

8. Acceptable use

You agree not to:

• Reverse engineer, decompile or attempt to extract the source code or models, except so far as the law expressly allows despite this restriction.
• Circumvent the subscription, or use the app without a valid one.
• Interfere with our servers, or try to access another person's account or data.
• Choose a name for friends that impersonates somebody else, or that is offensive or unlawful, or use invite codes or nudges to harass anybody.
• Use automated means to create accounts or generate activity.
• Resell, sublicense or redistribute the app or any part of it.
• Use Upsy in any way that breaks the law where you are.

9. Our intellectual property

Upsy, including its software, models, artwork, the recorded coach's voice, its name and its design, belongs to us or to our licensors. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app on devices you own or control, for your own non-commercial use, for as long as this agreement is in force. Nothing else is granted.

10. Availability and changes

We aim to keep Upsy working, but we do not promise it will be available without interruption. Parts of it depend on your device, your operating system version, your network and services run by other companies.

We may change, add or remove features. If we make a change that materially reduces what a paid subscription gives you, we will tell you, and you can cancel. We may stop the app altogether, in which case we will give reasonable notice, stop taking renewals, and let any subscription already paid for run out.

We may update these terms. If a change is material we will tell you in the app or by email before it takes effect, and continuing to use Upsy after that date means you accept it.

11. Ending this agreement

You can end it at any time by cancelling your subscription and deleting the app. We can suspend or end your access if you break these terms in a serious way, or if we are required to by law, and we will tell you why unless we are legally prevented from doing so. Ending the agreement does not by itself entitle you to a refund of a period already paid for, unless the law where you live says otherwise.

12. Warranties

To the extent the law permits, Upsy is provided as it is and as it is available, without warranties of any kind, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the app will be error free, that counting will be accurate in every case, or that it will meet a particular goal you have.

If you are a consumer, you have statutory rights about digital content that this section does not and cannot take away, including under EU Directive 2019/770 and the Romanian law implementing it.

13. Liability

To the extent the law permits, we are not liable for indirect or consequential loss, loss of profit, loss of data, or loss arising from your use of or inability to use the app. Where we are liable, our total liability for any claim is limited to the amount you paid us for Upsy in the twelve months before the claim arose.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded. If you are a consumer, this section applies only so far as consumer law allows.

14. The App Store, and Apple

This section applies if you obtained Upsy from Apple's App Store, and it is required by Apple.

• This agreement is between you and us, not between you and Apple. Apple is not responsible for Upsy or its contents.
• Apple has no obligation to provide maintenance or support for Upsy.
• If Upsy fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation of any kind with respect to Upsy.
• Apple is not responsible for addressing any claim by you or a third party relating to Upsy, including product liability claims, claims that Upsy fails to conform to a legal requirement, and claims under consumer protection or similar legislation.
• Apple is not responsible for investigating, defending, settling or discharging any third-party claim that Upsy infringes that party's intellectual property rights.
• You confirm that you are not located in a country subject to a US Government embargo or designated as a terrorist supporting country, and that you are not on any US Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.

15. Governing law and disputes

These terms are governed by Romanian law, and the courts of Romania have jurisdiction. If you are a consumer resident in the European Union, this does not deprive you of the protection of the mandatory rules of the country you live in, and you may bring proceedings in your own courts.

Consumers in Romania can also contact the National Authority for Consumer Protection (ANPC, anpc.ro). Before any of that, please write to us: most things are settled in one email.

16. The rest

• These terms and the Privacy Policy are the whole agreement between us about Upsy.
• If a court finds part of these terms unenforceable, the rest stays in force and the unenforceable part is read as narrowly as it needs to be.
• Not enforcing something once does not mean we give up the right to enforce it later.
• You may not transfer your rights under this agreement. We may transfer ours if the business is sold, in which case your rights are unaffected.

17. Contact

TC ADVANCED ANALITIQ SRL, Romania.
support@tomeapps.com