Terms of Service

Last updated January 26, 2025

Please read these Terms of Service (“Terms”) carefully before using the Upshift.life mobile application and services (the “Service”) operated by Svitlana Anoshchenko (“we,” “us,” or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.

TABLE OF CONTENTS

1. DEFINITIONS

For the purposes of these Terms of Service:

  • “Application” means the Upshift.life software program provided by the Company, downloaded by You on any electronic device.
  • “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) through which the Application has been downloaded.
  • “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Svitlana Anoshchenko.
  • “Device” means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
  • “Service” refers to the Application and all related AI coaching services, features, and content.
  • “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. ACCEPTANCE OF TERMS

These Terms and Conditions govern the use of this Service and the agreement that operates between You and the Company. By accessing or using the Service, You agree to be bound by these Terms and Conditions.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service without parental consent.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Please read Our Privacy Policy carefully before using Our Service.

3. DESCRIPTION OF SERVICE

Upshift.life is an AI-powered personal coaching platform designed to help users achieve meaningful personal growth through:

  • Personalized AI coaching conversations with multiple coaching personalities
  • Goal tracking and accountability features
  • Structured guided paths for personal development
  • Progress analytics and insights
  • Habit formation and tracking tools

The Service is provided through mobile applications available on iOS and Android platforms.

4. USER ACCOUNTS

When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. USER CONDUCT

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Service in any way that violates any applicable national or international law or regulation
  • Exploit, harm, or attempt to exploit or harm minors in any way
  • Transmit any material that is defamatory, obscene, or offensive
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
  • Use any robot, spider, or other automatic device to access the Service for any purpose
  • Attempt to gain unauthorized access to any portion of the Service
  • Use the Service to provide coaching or therapeutic services to others

6. INTELLECTUAL PROPERTY

The Service and its original content, features, and functionality are and will remain the exclusive property of Svitlana Anoshchenko and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Svitlana Anoshchenko.

You retain ownership of any content you create or input into the Service. However, by using the Service, you grant us a license to use, store, and process your content solely for the purpose of providing and improving the Service.

7. SUBSCRIPTIONS AND PAYMENTS

Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of subscription plan you select.

At the end of each billing period, your subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your subscription renewal through your Application Store account settings.

All payments are processed through the Application Store (Apple App Store or Google Play Store). Refunds are subject to the refund policies of the respective Application Store.

We reserve the right to change our subscription fees at any time. Any fee changes will be communicated to you in advance and will take effect at the start of the next billing cycle.

8. AI COACHING SERVICES

Important Notice: The AI coaching services provided through Upshift.life are for personal development and educational purposes only. They are not a substitute for professional medical, psychological, or therapeutic services.

The AI coaches use advanced language models (including Google Gemini and other AI technologies) to provide personalized guidance. While we strive for accuracy and helpfulness, the AI may occasionally provide incomplete or inaccurate information.

You acknowledge and agree that:

  • The Service does not provide medical, psychological, or therapeutic advice
  • You should not rely solely on AI coaching for important life decisions
  • If you are experiencing a mental health crisis, you should contact appropriate emergency services or mental health professionals
  • The AI coaching is not a replacement for human professional coaching, therapy, or counseling
  • Your conversations with AI coaches are processed by third-party AI service providers as described in our Privacy Policy

9. DISCLAIMERS

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

The Company, its subsidiaries, affiliates, and its licensors do not warrant that:

  • The Service will function uninterrupted, secure, or available at any particular time or location
  • Any errors or defects will be corrected
  • The Service is free of viruses or other harmful components
  • The results of using the Service will meet your requirements
  • The AI coaching advice will be accurate, complete, or suitable for your specific situation

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

The entire liability of the Company and your exclusive remedy for any claims arising out of or relating to these Terms or the Service shall be limited to the amount actually paid by you for the Service in the twelve (12) months preceding the event giving rise to liability, or $100 USD, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

11. TERMINATION

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service and cancel your subscription through your Application Store account.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect.

What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

If you do not agree to the new terms, in whole or in part, please stop using the Service.

14. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Dispute Resolution: If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company at support@upshift.life.

For European Union (EU) Users: If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

15. CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us:

ADDITIONAL LEGAL NOTICES

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Upshift.life regarding the use of the Service, superseding any prior agreements between you and the Company relating to your use of the Service.

By using Upshift.life, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.