Terms of Service

1. Acceptance of Terms

By downloading, installing, or using UpNext ("the App" or "Licensed Application"), you ("End-User") agree to be bound by these Terms of Service and End-User License Agreement ("EULA" or "Terms"). If you do not agree to these Terms, do not use the App. This EULA is concluded between you and UpNext ("Developer", "we", "us", or "our") only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the Licensed Application and the content thereof.

2. Description of Service

UpNext is a productivity application that helps users organize their schedules, set goals, and track progress. The App includes features such as calendar integration, AI-powered goal generation, and streak tracking.

3. Scope of License

The license granted to you for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

4. User Accounts

The App uses anonymous authentication. You are responsible for maintaining the security of your device. Any activity that occurs on your device is your responsibility.

5. Subscriptions and Payments

5.1 Free and Premium Features

UpNext offers both free features and premium features available through an auto-renewable subscription ("UpNext Pro").

5.2 Subscription Terms

• UpNext Pro Monthly: $7.99/month, billed monthly
• UpNext Pro Yearly: $75.99/year, billed annually
• Payment will be charged to your Apple ID account at confirmation of purchase
• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel subscriptions in your Apple ID account settings after purchase

5.3 Refunds

All purchases are handled through Apple's App Store. Refund requests must be submitted through Apple according to their refund policy.

6. Maintenance and Support

We are solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application. For support inquiries, please contact us at support@upnextai.app.

7. Warranty

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Product Claims

You acknowledge that we, not Apple, are responsible for addressing any claims you or any third party may have relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This EULA does not limit our liability to you beyond what is permitted by applicable law.

9. Intellectual Property Rights

The App and its original content, features, and functionality are owned by UpNext and are protected by international copyright, trademark, and other intellectual property laws. Your content (goals, schedules, etc.) remains yours.

You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

10. Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

11. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose
• Attempt to gain unauthorized access to the App or its systems
• Interfere with or disrupt the App's functionality
• Reverse engineer, decompile, or disassemble the App
• Use the App to transmit harmful or malicious content

12. Third Party Services

When using the App, you must comply with applicable third party terms of agreement. For example, if you connect your Google Calendar, you must comply with Google's terms of service. If you connect your Apple Calendar, you must comply with Apple's terms. When using mobile data to access the App, you must not be in violation of your wireless data service agreement.

13. AI-Generated Content

The App may use artificial intelligence to generate goal suggestions and scheduling recommendations. These suggestions are provided for informational purposes only. We do not guarantee the accuracy, completeness, or suitability of AI-generated content for any particular purpose.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPNEXT 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.

15. Third Party Beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes through the App or by other means. Your continued use of the App after changes constitutes acceptance of the new Terms.

17. Termination

We may terminate or suspend your access to the App immediately, without prior notice, for any breach of these Terms. Upon termination, your right to use the App will cease immediately.

18. Governing Law

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

19. Contact Us

If you have questions, complaints, or claims with respect to the Licensed Application, please contact us: