Last updated: April 23, 2026

End User License Agreement

Effective: April 23, 2026 Version: 2.0

This End User License Agreement (“EULA”) is a legal agreement between you and upcoach LLC, a Delaware limited liability company (“upcoach,” “we,” “us”), governing your use of the upcoach mobile application for iOS and Android (the “App”).

Scope of this EULA

This EULA applies only to the App — the native iOS and Android mobile applications published by upcoach. It does not cover:

  • The upcoach web application at app.upcoach.com and related subdomains (governed by our Terms of Service)
  • The upcoach marketing website at upcoach.com (governed by our Terms of Service)
  • The upcoach MCP server (hosted by upcoach and governed by our Terms of Service as part of the Services)
  • Any third-party software, services, or integrations that the App connects to

If you use the App, you are also bound by our Terms of Service, Privacy Policy, and — if you’re an organization using upcoach to process personal data about others — our Data Processing Addendum. This EULA supplements those documents for App-specific matters; if there’s a conflict, the Terms of Service prevail.

1. Acceptance

By downloading, installing, or using the App, you agree to this EULA. If you don’t agree, don’t use the App and delete it from your device.

If the App is provided to you through the Apple App Store, your use is also subject to Apple’s standard terms, including the Licensed Application End User License Agreement that Apple publishes. Where this EULA and Apple’s terms conflict, the more restrictive term applies.

If the App is provided to you through Google Play, your use is also subject to Google’s terms, including the Google Play Terms of Service.

2. Who can use the App

You must be at least 16 years old to use the App, consistent with our Terms of Service. If you’re an invited member of a coaching organization (a coachee, team member, or similar), you’re using the App under the terms that your organization accepted on your behalf.

3. License grant

Subject to this EULA and the Terms of Service, upcoach grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to:

  • Download and install the App on mobile devices you own or control
  • Use the App to access the upcoach Services for the purposes it was designed for

This license lasts for as long as your account is active and in good standing and the App is supported. It ends automatically if you delete your account, if your account is terminated, or if upcoach discontinues the App.

The App is licensed, not sold, to you. upcoach and its licensors retain all rights not expressly granted in this EULA.

4. What you can’t do with the App

You agree not to:

  • Copy, modify, distribute, sell, lease, or sublicense the App or any part of it
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except where this restriction is prohibited by applicable law
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the App
  • Use the App to build, train, or improve any competing product, service, or machine-learning model
  • Use the App in any way that violates the Terms of Service, applicable law, or the rights of others
  • Use the App to probe, scan, or test the vulnerability of any system or network without permission
  • Circumvent, disable, or interfere with security-related features of the App
  • Use the App on a device that you’ve modified to bypass manufacturer or operating-system security controls, in a way that compromises the security of the App or the Services
  • Use automated means (scripts, bots, scrapers) to interact with the App in ways not intended

If you violate these terms, we may suspend or terminate your license without notice.

5. Device permissions and data on your device

The App may request permissions on your device to provide its functionality. Examples include:

  • Notifications — to send you push notifications about messages, reminders, and coaching activity
  • Camera and photos — to let you upload profile photos, session attachments, or other images you choose to share
  • Microphone — for voice notes or calls, if you use those features
  • Calendar — to sync coaching events, if you choose to connect a calendar
  • Network access — to communicate with the upcoach Services

You control these permissions through your device’s settings and can change them at any time. Some App features won’t work if you deny the permissions they depend on.

The App may store data on your device (account info, cached content, session tokens) to make the App work and to improve performance. This data is handled as described in our Privacy Policy. You can clear local App data by logging out or uninstalling the App.

6. Updates

We may release updates to the App from time to time — new features, bug fixes, security patches. Some updates are required for the App to keep working and will be delivered through the Apple App Store or Google Play according to your device’s settings. You agree to receive these updates as part of using the App.

We may change, remove, or discontinue features in the App over time. Material changes that reduce core functionality will be notified through reasonable means (in-app notice, email, or release notes) where practical.

7. Your content

Your content in the App is handled under the same terms as the web Services. See Terms of Service Section 6. In short:

  • You retain ownership of your content
  • You grant upcoach a limited license to host, store, and process it so we can deliver the Services to you
  • We don’t sell your content or use it for marketing without your explicit consent
  • Deletion and backup retention work the same as in the web Services (30-day active deletion, up to 7-day encrypted backup rotation, plus tax/legal exceptions)

If you’re an organization using the App (or allowing your coachees to use it) to process personal data about others, our Data Processing Addendum applies to that processing.

8. Privacy

Our Privacy Policy describes what personal data the App collects, how we use it, and your rights. It is part of this EULA. The App follows the same privacy practices as the rest of upcoach — we don’t sell your data, we don’t run ad networks, and we don’t train AI models on your content.

9. Third-party content and services

The App may integrate with, or display content from, third-party services (for example, calendar providers you connect, video streams we deliver, payment flows handled by Stripe). Your use of those third-party services is governed by their own terms, not by upcoach. upcoach doesn’t endorse or take responsibility for third-party content or services accessed through the App.

10. Intellectual property

The App, including its code, design, trademarks, and everything we create for it, is owned by upcoach or its licensors and protected by copyright, trademark, and other laws. Nothing in this EULA transfers those rights to you.

If you send us feedback or suggestions about the App, you grant us the right to use them without restriction or compensation.

11. Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, UPCOACH DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We don’t warrant that the App will be uninterrupted, error-free, compatible with every device or OS version, or free of viruses or harmful components.

Device compatibility. We make reasonable efforts to support current major versions of iOS and Android. We don’t guarantee support for older OS versions, rooted/jailbroken devices, or custom OS builds.

12. Limitation of liability

The limitation of liability in our Terms of Service Section 14 applies to your use of the App. That means:

  • upcoach is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of the App
  • upcoach’s total aggregate liability is limited to the fees you paid in the three (3) months immediately preceding the event giving rise to the liability
  • Standard exceptions apply — fees you owe us, your indemnity obligations, fraud, willful misconduct, gross negligence, and liability that cannot be limited by law

Nothing in this EULA limits your statutory consumer rights where those rights cannot be limited by contract.

13. Indemnification

The indemnification terms in our Terms of Service Section 15 apply to your use of the App.

14. Termination

This EULA remains in effect until terminated. Termination can happen by:

  • You: deleting the App from your devices and closing your upcoach account
  • Us: terminating your license if you breach this EULA or the Terms of Service, if we discontinue the App, or as otherwise described in the Terms of Service

On termination, your right to use the App ends immediately. You must delete the App from your devices. Sections that by their nature survive — disclaimers, limitation of liability, indemnification, intellectual property, governing law — continue after termination.

15. Apple and Google specifics

For App Store users (iOS)

  • This EULA is between you and upcoach. Apple is not a party.
  • Apple is not responsible for the App or its content.
  • Apple has no obligation to provide maintenance or support for the App.
  • If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the App’s purchase price (if any). To the maximum extent permitted by law, Apple will have no other warranty obligation for the App.
  • In the event of a third-party intellectual property claim relating to the App, upcoach (not Apple) is responsible for investigation, defense, settlement, and discharge.
  • You must comply with applicable third-party terms when using the App (for example, your wireless carrier’s terms).
  • Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA and can enforce it against you.

For Google Play users (Android)

Your use of the App is also subject to the Google Play Terms of Service and Google Play Developer Program Policies. Google may remove or update the App through Google Play at its discretion.

16. Governing law and disputes

This EULA is governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. The dispute resolution and arbitration provisions in our Terms of Service Section 17 apply to any dispute arising out of this EULA.

17. Changes to this EULA

We may update this EULA from time to time. When we do, we’ll post the updated version at this URL, update the effective date and version at the top, and notify you through reasonable means for material changes. Continued use of the App after a material change means you accept the updated EULA.

18. Miscellaneous

Severability. If a court finds any part of this EULA unenforceable, the rest stays in force.

No waiver. Our not enforcing a right isn’t a waiver of it.

Entire agreement. This EULA, together with the Terms of Service, Privacy Policy, and DPA where applicable, is the entire agreement between you and upcoach regarding the App.

Contact. Questions about this EULA: [email protected]

Notices. Legal notices must be sent to:

upcoach LLC 16192 Coastal Highway Lewes, Delaware 19958 County of Sussex, United States

with a copy to [email protected].

Changelog

  • April 23, 2026 — Version 2.0. Full rewrite. Replaces the April 2022 version. Scope narrowed to the mobile app only (iOS and Android). Removes stale template content including Florida governing law, $50 liability cap, “one device at a time” restriction, “Information is non-confidential” grant, and the [INSERT LINK] placeholder. Aligns entity name, governing law, liability cap, content license, privacy handling, and role model with the updated Terms of Service, Privacy Policy, and DPA.

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