Terms of use | Upchin

Version: 1.3 Effective date: September 25, 2026

PRELIMINARY NOTICE

These Terms contain important limitations relating to how Upchin works, to the restriction of apps and websites, to the services provided by Apple, to motion sensors, to locally stored data, to pseudonymized usage statistics enabled by default (which can be turned off at any time) and to auto-renewing subscriptions. The User is invited to read these Terms carefully before using the Application or subscribing to a paid offer.

I. GENERAL PROVISIONS

1. Identity of the Publisher

The Upchin mobile application, hereinafter the “Application” or “Upchin”, is published by: UPCHIN CORPORATION Société par actions simplifiée (SAS) with a share capital of €500 Registered office: 78 avenue des Champs-Élysées, bureau 326, 75008 Paris, France Registered with the Paris Trade and Companies Register under number 109 154 351 RCS Paris SIREN number: 109 154 351 SIRET number (registered office): 109 154 351 00018 EU VAT number: FR86 109154351 Support e-mail address: support@upchin.app Business phone: +33 6 87 35 36 29 Hereinafter the “Publisher”. The publication director of the website associated with Upchin is Mingran SUN, President of UPCHIN CORPORATION.

2. Definitions

For the purposes of these Terms:

“Apple” means Apple Inc., its subsidiaries and the entities operating the App Store in the User’s territory;
“App Store” means the download and payment platform operated by Apple;
“Application” means the Upchin application, its extensions, widgets and associated components;
“Terms” means these terms of use, their regional annexes and their updates;
“Consumer” means any natural person acting primarily for purposes outside their trade, business, craft or profession;
“Paid Feature” means a feature accessible by means of a subscription, an in-app purchase or a one-time purchase;
“Apple Services” means in particular the App Store, StoreKit, the Apple account, Screen Time, Family Controls, Managed Settings, Device Activity, WidgetKit and the system interfaces used by the Application;
“User” means any person who downloads, installs, views or uses the Application;
“Business User” means any person using the Application primarily in the course of their commercial, professional, craft or independent activity.

3. Purpose

These Terms define:

the conditions for downloading and using Upchin;
the essential characteristics and limits of the service;
the respective responsibilities of the Publisher and the User;
the conditions relating to subscriptions and in-app purchases;
the rules applicable to updates, suspensions and discontinuation of the service;
the specific territorial provisions applicable to certain Users.

4. Contractual documents and order of precedence

The use of Upchin is governed by:

the mandatory rules applicable in the User’s territory;
the essential information displayed in the Apple purchase window;
the regional annexes to these Terms;
these general Terms;
Upchin’s privacy policy;
Apple’s standard end-user license agreement;
the terms applicable to the Apple account and the App Store.

In the event of a contradiction relating to payment, currency, taxes, the renewal date, eligibility for a promotion or the handling of an App Store purchase, the information presented by Apple at the time of the transaction prevails. These Terms do not replace Apple’s standard end-user license agreement.

5. Acceptance

The User must read these Terms before using the Application or subscribing to a paid offer. Where the Application presents an explicit acceptance mechanism, the User accepts the Terms by performing the affirmative action requested. A User who does not accept the Terms must not use the Application or subscribe to a paid offer. Merely continuing to use the Application after receiving valid notice of a change may constitute acceptance of the new version, within the limits permitted by law. A new explicit acceptance will be requested where the nature of the change or applicable legislation so requires.

6. Legal capacity and minimum age

The Application is rated 9+ on the App Store. A minor may use Upchin only:

where such use is permitted by applicable law;
with the prior permission and effective supervision of their legal representative;
through an Apple account set up in accordance with Apple’s rules on minors and Family Sharing.

The legal representative assumes responsibility for the configuration of the Application and for purchases made by the minor, subject to applicable mandatory provisions. The Publisher may restrict or refuse the use of certain features by minors.

7. Personal use

Unless otherwise agreed in writing, Upchin is licensed for personal, non-exclusive use. The Application must not be used:

to covertly control a third party’s phone;
to monitor an employee, a partner, an adult child or any other person without a legal basis and appropriate consent;
as a disciplinary device imposed on a third party;
as a regulatory, judicial, medical or professional control tool;
as a security, access-control or mandatory compliance device.

Business Users receive no service-level commitment, guaranteed availability or business continuity, unless otherwise agreed in a separate written contract.

8. Territorial availability

The Publisher determines the countries and territories in which the Application and its offers are available. The presence of the Application on a local App Store does not constitute a guarantee:

that all features are available there;
that all purchases or renewals can be made there;
that all Apple payment methods are accessible there;
that the Application will remain available there without interruption;
that the same prices, promotions or trial periods will be offered there.

The Publisher may limit, suspend or withdraw the Application or an offer in a territory where such a measure is reasonably necessary for legal, regulatory, contractual, technical, commercial, banking, tax or security reasons.

II. DESCRIPTION AND LIMITS OF THE SERVICE

9. Purpose of Upchin

Upchin is a personal tool for managing digital habits. Depending on the version used, the device, the territory and the permissions granted, Upchin may in particular allow the User to:

select apps, app categories or internet domains;
schedule restriction periods;
trigger a restriction after a set duration of use;
trigger a restriction based on detected motion or movement;
manually activate a restriction period;
use a widget associated with certain controls;
temporarily allow access to certain items;
display information, estimates or statistics relating to digital habits.

The contractual list of features included in a paid offer is the one presented in the Application and in the purchase window at the time of subscription. Screenshots, illustrations, animations, examples, simulations, testimonials and marketing presentations are for illustrative purposes and do not constitute a guarantee of individual results.

10. No guaranteed results

Upchin provides technical and behavioral tools. It does not guarantee that the User will:

reduce their screen time;
stop using a particular app;
lastingly change their habits;
gain a specific number of hours;
improve their focus or productivity;
achieve a personal or professional goal;
never circumvent a restriction, whether voluntarily or involuntarily.

Results depend in particular on:

the chosen configuration;
regularity of use;
the User’s behavior;
the condition and settings of the device;
the operation of iOS and the Apple Services;
the apps, websites and browsers used.

11. Estimates and potentially reclaimed time

Any indication relating to “reclaimed time”, “time saved”, “real-life time”, blocks avoided or progress is an estimate. This estimate may be based on assumptions, locally available data, chosen settings or simplified calculations. It does not constitute:

a scientific or medical measurement;
an accounting or professional measurement;
a contractual promise of results;
proof that a given amount of time was actually used otherwise;
a financial or monetary value.

The data displayed may be rounded, delayed, incomplete or affected by the limitations of iOS.

12. Technical requirements

Using the Application requires in particular:

an officially compatible Apple device;
a supported version of iOS;
a valid Apple account;
sufficient storage space;
the necessary system permissions;
compatible sensors for motion-related features;
a correct configuration of the device and of the Application.

Certain features may vary depending on:

the device model;
the iOS version;
the country or territory;
the Screen Time configuration;
Family Sharing;
administrative or business restrictions on the device;
the availability of Apple interfaces;
the status of Apple purchases.

The Publisher is not required to maintain indefinite compatibility with devices or systems that have become old, obsolete, insecure or that are no longer reasonably supported by Apple.

13. Dependence on Apple and iOS

An essential part of how Upchin works depends on technologies that Apple controls exclusively. In particular, the Publisher does not control:

iOS permission decisions;
the frequency of background execution;
Device Activity trigger delays;
the behavior of Screen Time;
the identification of apps and categories;
the App Store rules;
the validation and restoration of purchases;
changes to Apple’s APIs or policies;
the availability of StoreKit;
interruptions or anomalies in the Apple Services.

An iOS update, a change made by Apple or a policy change may alter, delay, limit or make a feature unavailable. The Publisher does not guarantee that the interfaces or permissions currently offered by Apple will remain available in identical form.

14. System permissions

Certain features require one or more permissions relating in particular to:

Screen Time;
Family Controls;
device activity;
notifications;
motion and physical activity;
location, where required;
widgets and background activities.

The User remains free to grant, refuse or withdraw a permission. Refusing, withdrawing or the expiry of a permission may prevent all or part of the Application from working. The User may have to renew a permission after:

an update or reinstallation;
a change of device;
a backup restore;
a change to the Apple account;
a reset of settings;
a change in Apple’s requirements.

The Publisher is not liable for consequences resulting exclusively from the refusal or withdrawal of an essential permission, subject to the User’s mandatory rights.

15. No absolute blocking

Upchin is not a tamper-proof locking system. The Publisher does not guarantee:

that a restriction will activate at the exact second planned;
that a restriction will remain active without interruption;
that an app or domain will be correctly identified in all circumstances;
that no circumvention method will exist;
that all browsers or browsing modes will be covered;
that all content embedded in another app will be blocked;
that a newly installed or modified app will be recognized immediately;
that restarting, updating or reconfiguring the device will not affect the rules;
that changes to the time, time zone or calendar will have no effect;
that a device managed by a company or a school will behave identically to a personal device.

Reliability of triggers

Blocking relies on operating-system mechanisms that the Publisher does not control. Depending on the iOS version, the state of the device, system load and the permissions granted, a block may fire late, fail to fire at all, or lift early.

These failures stem from the interfaces made available by Apple and from their evolution; they do not constitute a breach by the Publisher of its obligations. The Publisher works continuously to improve the reliability of triggers and documents the failures it observes, without being able to guarantee that a trigger will always occur.

Upchin is a friction device, intended to interrupt an automatic behaviour, not an impassable barrier.

The User retains the physical or technical ability to modify their device, withdraw permissions or uninstall Upchin.

16. Blocking websites and browsers

Website restriction mechanisms may depend on:

the browser used;
the browsing mode;
the way content is embedded;
domains, subdomains, redirects or intermediary services;
the limits imposed by Apple;
the device’s privacy settings;
the use of a VPN, proxy, private relay, in-app browser or other technology.

The Publisher does not guarantee that content accessible through several domains, apps, browsers or third-party services will be blocked uniformly. The User must check for themselves that the resulting configuration matches their goal.

17. Motion Lock and movement detection

Motion-related features rely on the sensors and information available on the device. This information may be imprecise, delayed or unavailable, in particular:

indoors;
when the location signal is weak;
when the device is stationary inside a moving vehicle;
when the device is carried without being used;
when permissions are limited;
when the system reduces background activity;
when sensors are disabled or faulty.

The feature may produce:

a late trigger;
no trigger at all;
a trigger while the User is not moving voluntarily;
a different result depending on the device model.

Motion Lock is not a reliable device for detecting a dangerous situation, driving, a fall, an accident or an emergency.

18. Back IRL button and widget

The “Back IRL” feature and its optional widget are voluntary restriction controls. Despite their presentation or position in the interface, these controls:

do not constitute an emergency button;
do not contact any emergency service;
do not guarantee that an app will stop immediately;
do not guarantee that all selected apps will be restricted simultaneously;
may be delayed or prevented by iOS.

The User must never rely on this feature to protect their own physical safety or that of a third party.

19. Essential apps and consequences of a block

The User is solely responsible for selecting apps, categories, domains, times and durations. The User must keep sufficient access to the services they may need, in particular:

phone and messaging;
emergency calls;
navigation and transport;
two-factor authentication;
banking services;
medical services;
professional services;
government and administrative apps;
home automation or equipment control;
tickets, bookings and payment methods.

The User must carefully test their configuration before using it while traveling, during a professional activity or in an important situation. To the extent permitted by law, the Publisher is not liable for consequences resulting from the User’s voluntary choice to restrict an essential app, in particular:

a missed call or message;
a delay;
a missed appointment;
a temporary inability to authenticate;
an interruption of an activity;
a lost opportunity;
a failure to respond to a third party;
indirect costs or penalties.

20. Personal safety

The User must not configure or operate the Application while driving a vehicle, operating machinery or in any situation requiring their full attention. Upchin does not replace the User’s own vigilance. The Application is not designed for environments in which a failure could result in:

death or injury;
an accident;
serious damage to property;
a critical interruption of activity;
a breach of a legal safety obligation.

21. Locally stored data

Upchin is designed to run a substantial part of its features locally. Settings, selections, history or information stored locally may be deleted or lost in the event of:

uninstallation;
a reset;
a change of device;
an incomplete restore;
data corruption;
an update;
a lack of storage space;
deletion performed by iOS;
a change to app groups or permissions.

The User can erase all of Upchin’s local data themselves from the Application’s settings (“Reset all data”), after confirmation. This operation is irreversible; it also deletes the pseudonymous usage-statistics identifier described in article 56 and triggers the corresponding erasure request on the Publisher’s servers. Where the Publisher holds no server copy of a piece of local data, it can neither view, restore nor recover it. The User is responsible for the backups made available by their device or by Apple. No complete backup, synchronization or recovery is guaranteed.

22. No medical service

Upchin is a digital-wellbeing and self-management application. It:

is not a medical device;
does not diagnose any disorder;
does not treat any addiction;
does not provide any medical or psychological care;
does not replace any qualified professional;
does not create any doctor-patient or therapist-patient relationship;
does not guarantee any improvement in physical or mental health.

Expressions relating to habits, distraction, self-control, screen time or wellbeing are used in a general, non-clinical sense. A person in distress or experiencing a significant loss of control should consult a competent professional or an appropriate support service.

III. APP STORE SUBSCRIPTIONS AND PURCHASES

23. Payments administered by Apple

App Store purchases, subscriptions, renewals and refunds are technically administered by Apple. The Publisher:

does not receive the User’s full payment details;
does not directly control the charge made by Apple;
cannot modify the Apple account balance;
cannot manually cancel an Apple subscription on the User’s behalf;
cannot guarantee that a payment method will be accepted;
cannot modify the Apple purchase history.

Apple may pass on to the Application a receipt, a transaction identifier or a subscription status needed to validate the entitlement.

24. Pre-contractual information

Before confirming a purchase, the User receives in the Application or in Apple’s interface the applicable essential information, in particular:

the name of the offer;
the duration;
the price;
the currency;
the billing period;
the features included;
whether the subscription renews automatically;
the conditions of any trial;
the general cancellation terms.

The User must check this information before confirming. The price and period displayed by Apple in the system confirmation window constitute the information applicable to the transaction.

25. Auto-renewing subscriptions

Unless otherwise indicated, a subscription renews automatically at the end of each period. The User’s Apple account may be charged within the time frames indicated by Apple before or at the time of renewal. The subscription continues until it is canceled from the Apple account settings. Deleting the Application, not using it or withdrawing permissions does not cancel the subscription. The User must cancel before the deadline indicated by Apple to avoid a further renewal.

26. Free trials and promotional offers

An offer may include:

a trial period;
an introductory price;
a temporary discount;
a free period;
an offer reserved for certain accounts.

Unless otherwise indicated, a trial linked to a subscription automatically converts into a paid subscription if it is not canceled before it ends. Eligibility for an offer may depend on:

the Apple account;
the territory;
purchase history;
the subscription group;
the rules defined by Apple.

The Publisher does not guarantee that a promotional offer will be available to all Users.

27. Prices, taxes and currencies

Prices may vary depending on:

the territory;
the currency;
taxation;
Apple’s price tiers;
exchange rates;
promotional offers;
the date of purchase.

Apple calculates and collects the applicable taxes according to its own rules and obligations. A price change is implemented in accordance with Apple’s procedures and the applicable mandatory rules. Where the law or Apple requires the User’s agreement, renewal at the new price is subject to that agreement.

28. Cancellation

The User can manage and cancel their subscription in their Apple account settings. Cancellation normally takes effect at the end of the period already paid for, unless a different rule is imposed by Apple or by law. Access to Paid Features may end:

when the period expires;
if a payment is declined;
in the event of a refund;
if the transaction is revoked;
in the event of fraud or cancellation by Apple.

The Publisher is not liable for a cancellation, refund or suspension decided directly by Apple, unless that decision results from a fault attributable to the Publisher.

29. Refunds

Refund requests for an App Store transaction must be submitted through the procedures made available by Apple. Apple may decide to grant or refuse a refund according to its rules and applicable legislation. The fact that Apple administers the refund does not remove the mandatory rights that the User may assert against the Publisher in the event of a lack of conformity or a breach of contract. Where a full refund is granted, the corresponding access may be withdrawn immediately.

30. Right of withdrawal

Where a right of withdrawal applies, it is exercised in accordance with:

the legislation of the User’s territory;
the information provided at the time of the transaction;
Apple’s procedures where the purchase is administered by Apple.

The right of withdrawal may be subject to exceptions where the performance of digital content or a digital service has begun with the User’s prior agreement and under the conditions provided by law. Nothing in these Terms removes a mandatory right of withdrawal.

31. One-time purchase and “Lifetime” offer

Upchin may offer a purchase without automatic renewal. Where an offer is marketed under the name “Lifetime”, “Lifetime Access” or an equivalent wording, the term means, unless a more favorable express commitment is made: a personal right of access to the features expressly included in the offer, for the operating life of the current Upchin product and for as long as maintaining it remains legally, technically and commercially reasonable. Such an offer does not necessarily refer to the User’s biological lifetime. It does not guarantee:

perpetual availability;
compatibility with all future devices;
compatibility with all future versions of iOS;
access to a separate product or a new application;
access to future stand-alone services;
access to features that entail new and substantial third-party costs;
continuation of the service if Apple or the law makes its operation impossible.

The Publisher may not, however, arbitrarily remove rights already acquired or circumvent the applicable mandatory guarantees. This definition must be presented sufficiently visibly near the offer concerned.

32. Restoring purchases

Restoration depends in particular on:

the Apple account used;
the availability of the Apple history;
the validity of the receipt;
the availability of the Application;
the territory;
the compatibility of the device;
the status of the transaction.

The Publisher does not guarantee the restoration of a purchase made with a different Apple account. The User must never send their Apple password to the Publisher.

33. Family Sharing

A purchase or subscription can be shared only if:

Apple allows sharing for the offer concerned;
the Publisher has enabled that option;
the family group configuration is valid;
the territory and the Apple account are compatible.

The absence of Family Sharing does not constitute a defect where that option was not expressly promised at the time of purchase.

IV. LICENSE AND INTELLECTUAL PROPERTY

34. License to use

Upchin’s software license is governed by Apple’s standard EULA, unless otherwise indicated on the App Store. The User receives a personal, limited, revocable, non-exclusive, non-assignable and non-transferable right to use the Application on the devices permitted by Apple’s rules. No ownership right in the Application is transferred.

35. Rights of the Publisher

The following are protected in particular:

the Upchin name;
the trademarks and logos;
the source code and object code;
the architecture and technical methods;
the interfaces;
the animations;
the illustrations;
the texts;
the databases;
the calculation systems;
the audio elements;
the documentation;
the website content;
the visual identity.

All rights not expressly granted are reserved.

36. Restrictions on use

Except where mandatorily permitted by law, the User must not:

copy, reproduce or redistribute the Application;
sell, rent or sublicense access;
circumvent purchase validation;
modify or alter the Application;
reverse engineer the Application;
decompile or disassemble the code;
systematically extract data or content;
search for or exploit a vulnerability;
interfere with security mechanisms;
use a pirated or modified version;
abusively automate access;
impersonate the Publisher;
use Upchin to develop a substantially derivative product in breach of the Publisher’s rights;
use proprietary content to train an artificial intelligence model without written permission.

Mandatory exceptions provided for by law remain applicable.

37. Feedback and suggestions

Where the User voluntarily submits a suggestion, idea, proposal, bug report or comment relating to Upchin, the User grants the Publisher, to the extent permitted by law, the right to use it free of charge to:

improve the Application;
fix a problem;
develop a feature;
carry out tests;
operate and market Upchin.

This authorization is worldwide, non-exclusive, assignable and granted for the applicable statutory term of protection. It does not transfer ownership of the User’s personal data to the Publisher.

V. MAINTENANCE, UPDATES AND DISCONTINUATION

38. Necessary updates

The Publisher may provide updates necessary for:

security;
fixing a defect;
maintaining conformity;
compatibility with iOS;
compliance with Apple’s rules;
compliance with a legal obligation.

The User must install necessary updates within a reasonable time after being informed of them. The Publisher is not liable for a defect caused exclusively by the failure to install a properly supplied update where the User was informed of its availability and of the consequences of not installing it.

39. Functional changes

The Publisher may modify the Application for a valid reason, in particular:

a functional or ergonomic improvement;
the correction of an error;
security;
adaptation to iOS;
a change to an Apple interface;
the removal of an obsolete technology;
the reduction of a risk of abuse;
compliance with a legal obligation;
compliance with an Apple decision;
adaptation to operating costs;
the replacement of a feature with an equivalent feature.

Free features may be added, modified or removed at the Publisher’s reasonable discretion. An essential Paid Feature will not be arbitrarily removed during a period already paid for. Where a change negatively and substantially affects a continuous digital service, the Publisher applies the information, notice, termination or refund obligations imposed by law.

40. Maintenance and interruptions

The Application may be interrupted because of:

maintenance;
an update;
an urgent fix;
an Apple incident;
a system incompatibility;
a cyberattack;
an external event;
a legal obligation;
a failure of third-party infrastructure.

The Publisher guarantees no availability rate, no maximum recovery time and no permanent support, unless otherwise agreed in a separate written commitment.

41. Discontinuation of the Application

The Publisher may cease operating Upchin where a serious reason justifies it, in particular:

a lasting technical impossibility;
the removal of an essential interface by Apple;
a regulatory prohibition;
a disproportionate operating cost;
a security compromise;
cessation of business;
a withdrawal imposed by Apple;
lasting force majeure.

Where reasonably possible, the Publisher gives appropriate notice. Mandatory rights relating to paid periods, one-time purchases and conformity remain applicable. The Publisher is not required to publish the source code, assign the trademark, maintain loss-making infrastructure or transfer the Application to a third party.

42. Beta versions and TestFlight

A beta version or a version distributed through TestFlight may:

be incomplete;
contain errors;
lose data;
include temporary features;
be withdrawn without notice;
not represent the final commercial version.

Unless a mandatory provision provides otherwise, beta versions are supplied for testing purposes without any guarantee of availability or data retention. The usage statistics described in article 56 that originate from a beta or development version are flagged as such and excluded by default from the Publisher’s statistics. Information expressly identified as confidential must not be published without permission.

VI. LIABILITY AND WARRANTIES

43. Mandatory warranties

The Publisher complies with the warranties and liabilities that cannot be legally excluded. No clause of these Terms limits the Publisher’s liability where such a limitation is prohibited, in particular in the event of:

fraud or willful misrepresentation;
intentional misconduct;
gross negligence where the law prohibits its exclusion;
death or personal injury attributable to the Publisher;
breach of a mandatory statutory warranty;
infringement of a right that cannot be waived.

44. Permitted warranty exclusions

Subject to mandatory warranties, the Publisher does not guarantee:

error-free operation;
continuous availability;
universal compatibility;
tamper-proof blocking;
the absence of circumvention;
a behavioral result;
the absolute accuracy of estimates;
the indefinite retention of local data;
compatibility with a future version of iOS;
the continued availability of an Apple interface;
the absence of erroneous triggers;
the availability of a purchase in all territories.

The User acknowledges that any software may contain errors and that Apple’s systems may impose limitations beyond the Publisher’s control.

45. Third-party services

The Publisher is not liable for the acts, omissions, interruptions or decisions of Apple or of any other independent third party, unless the law provides otherwise. This includes in particular:

payment refusals or errors;
price changes decided within the Apple environment;
Apple account suspensions;
Apple billing errors;
app removals;
changes to iOS;
App Store outages;
network problems;
malfunctions of other apps.

The Publisher will nevertheless provide the reasonable cooperation required where an incident involves both the Application and a third-party service.

46. Indirect damages

To the fullest extent permitted by law, the Publisher is not liable for indirect or consequential damages, in particular:

loss of profit;
loss of revenue;
loss of opportunity;
loss of customers;
loss of productivity;
loss of reputation;
loss of data that was not backed up;
business interruption;
costs incurred with a third party;
consequences of a missed message or call.

This exclusion does not apply where applicable law prohibits such a limitation.

47. Liability cap applicable to Business Users

For a Business User, the Publisher’s total aggregate liability, on any basis whatsoever, is limited to the amount, excluding taxes, actually paid for Upchin during the twelve months preceding the event giving rise to the claim. Where the Business User has paid no amount, total liability is limited to fifty euros. This cap does not apply to liabilities that cannot legally be limited.

48. Liability towards Consumers

For a Consumer, any limitation of liability applies only to the extent permitted by the mandatory rules of their territory. Where local legislation permits a contractual cap, the Publisher’s total liability is limited to the greater of:

the sums actually paid for Upchin during the twelve months preceding the event giving rise to the claim;
one hundred euros or the equivalent in local currency.

This limitation does not reduce mandatory statutory warranties.

49. Duty to mitigate damage

To the extent permitted by law, the User must take reasonable steps to:

limit any damage;
prevent it from getting worse;
back up their information;
promptly report a reproducible defect;
stop using a manifestly problematic configuration.

The Publisher is not liable for the worsening of damage that the User could reasonably have avoided.

50. Indemnification for unlawful use

To the extent permitted by law, the Business User indemnifies the Publisher against third-party claims resulting directly from:

unlawful use of the Application;
infringement of a third party’s rights;
non-consensual use on a third party’s device;
fraudulent circumvention of purchases;
unauthorized modification or redistribution;
a material breach of these Terms.

For a Consumer, this obligation applies only to the extent that the damage results from a fault attributable to them and the law permits such indemnification.

VII. PROHIBITED USES AND SUSPENSION

51. Prohibited uses

It is prohibited to use Upchin:

in breach of the law;
to harm a third party;
to control a third party’s device without permission;
to circumvent a purchase;
to distribute a pirated copy;
to attack or abusively test the Application;
to disrupt the Apple Services;
to falsify a receipt or a subscription;
to impersonate the Publisher;
to develop or distribute malicious software;
in breach of applicable sanctions or trade restrictions.

52. Suspension

The Publisher may suspend or restrict access where it has reasonable grounds to suspect:

fraud;
a serious breach of the Terms;
a security risk;
unlawful use;
a falsified receipt;
a regulatory obligation;
an infringement of the rights of the Publisher or of a third party.

Where compatible with the urgency and with the law, the Publisher informs the User and allows them to present their observations.

53. Consequences of termination

The end of the right to use the Application entails:

the end of the license;
the obligation to stop using it;
the possible loss of locally stored data;
the survival of the clauses which, by their nature, must survive.

The clauses relating to intellectual property, liability, disputes, privacy and obligations arising before termination remain applicable.

VIII. DATA, PRIVACY AND COMMUNICATIONS

54. Privacy policy

The processing of personal data is described in Upchin’s privacy policy. The privacy policy specifies in particular:

the data processed;
the purposes;
the legal bases;
the retention periods;
the recipients;
any international transfers;
the rights of data subjects;
the contact details.

In the event of a contradiction concerning the processing of personal data, the privacy policy and applicable legislation prevail.

55. Apple data

Apple acts under its own terms and policies for the processing relating to:

the Apple account;
downloading;
payment;
billing;
refunds;
purchase history;
certain system diagnostics;
iOS services.

The Publisher does not control all of that processing.

56. Pseudonymized usage statistics

Subject to the applicable territorial restrictions, Upchin transmits to the Publisher statistics relating to the use of the Application itself in order to measure how it works and to improve it.

These statistics are enabled by default. The User is informed of them by the privacy policy, available within the Application, and may disable them at any time from Settings → Privacy, without losing access to Upchin’s core features. Disabling takes effect immediately: it erases the data awaiting submission on the device and the identifier described below, and triggers a request to erase the corresponding data on the Publisher’s servers.

These statistics may relate in particular to:

progress through onboarding and the time spent on each screen, in ranges;
the start of usage sessions of the Application;
the enabling or disabling of certain features;
blocks, as categories or as durations grouped into ranges;
the display of the paywall and certain purchase or restore results;
schedule editing actions, in categorized form;
certain technical error codes;
general indicators of adoption, frequency of use and retention.

They do not contain the names or identifiers of the targeted apps, the targeted websites, actual screen time, the detailed history of phone use, the content of custom messages, the User’s location, or any identity data (name, e-mail address, Apple ID, IDFA, IDFV or notification token).

The events of a single installation are linked together by a pseudonymous identifier: a random number created on the device, unrelated to the User’s identity or to the technical notification record, stored in hashed form on the Publisher’s servers, deleted upon uninstallation or disabling, renewed if the statistics are re-enabled and, in any event, renewed no later than thirteen months after its creation. The time of each event is rounded to the hour before transmission. The IP address is not retained.

This telemetry is not used for advertising, cross-app tracking, commercial profiling or individual decision-making, and is neither sold nor passed on to an analytics provider.

The User may view and export at any time, from Settings → Privacy, all of the information that the Application has transmitted or is about to transmit.

The categories of data, technical arrangements, legal bases, retention periods, excluded territories and opt-out procedures are described in more detail in Upchin’s privacy policy.

This telemetry is separate from the technical registration that may be required when the User enables notifications.

57. Electronic communications

The Publisher may communicate with the User:

in the Application;
on the App Store listing;
on its website;
by system notification;
by e-mail where the address is available and its use is lawful.

A notice relating to a contractual or technical update is deemed received when it is presented in a reasonably accessible manner, subject to applicable mandatory rules.

58. Evidence

Subject to mandatory rules, the following in particular may constitute evidence:

Apple receipts and histories;
archived versions of the Terms;
available technical logs;
e-mails;
screenshots and reports sent by the User;
version and configuration data.

The Publisher is not required to keep logs that are not necessary for its business or whose retention would be contrary to its privacy policy.

IX. SANCTIONS, EXPORT CONTROLS AND FORCE MAJEURE

59. Sanctions and export controls

The User must not use, download, export or re-export Upchin in breach of:

an embargo;
an economic sanction;
an asset-freezing measure;
an export restriction;
a regulation applicable to the Publisher, to Apple or to the User.

The User declares, to the extent required by law, that they are not a person with whom transactions are prohibited and that they do not use the Application in a territory where its use is prohibited. The Publisher may suspend access or withdraw an offer where a sanctions or compliance measure so requires.

60. Force majeure

The Publisher is not liable for a delay or non-performance resulting from an event reasonably beyond its control, in particular:

a natural disaster;
a fire;
a general outage;
a major cyberattack;
war;
an embargo;
a sanction;
an administrative decision;
an unforeseeable change to Apple’s services;
a general interruption of telecommunications;
an epidemic;
an external labor dispute;
the lasting unavailability of an essential technology.

This clause does not deprive the Consumer of any mandatory rights that may apply in the event of prolonged discontinuation.

X. FINAL CONTRACTUAL PROVISIONS

61. Changes to the Terms

The Publisher may amend the Terms to take account of:

a legal development;
a development of the Application;
a change in the business model;
an Apple requirement;
a change of territory;
a security improvement;
the correction of an ambiguity.

The new version states its effective date. Substantial changes are notified in accordance with the applicable requirements. They do not retroactively remove a right already acquired.

62. Assignment

The User may not assign their rights or obligations without written permission, except where expressly permitted by Apple or by law. The Publisher may transfer these Terms, the Application or its business to:

an affiliated company;
an acquirer;
a successor;
an entity taking over all or part of the business.

Such a transfer must not reduce the mandatory rights of Consumers.

63. Entire agreement

These Terms, their annexes, the privacy policy and the applicable purchase information constitute the agreement relating to the use of Upchin. They supersede prior discussions or presentations on the same subject, without allowing the Publisher to set aside a legally binding representation or mandatory pre-contractual information.

64. Severability

If a clause is declared invalid or unenforceable:

the other clauses remain applicable;
the clause is limited to what is legally permitted;
it is replaced, where possible, by a valid clause producing a similar economic and legal effect.

65. No waiver

Failure to exercise a right immediately does not constitute a waiver. Any waiver must be express and limited to its subject matter.

66. Headings

Headings are provided for ease of reading and do not affect the legal interpretation of the clauses.

67. Languages

The Terms may be translated into several languages. The English version constitutes the international reference version, except where a mandatory rule requires a local version to prevail or the interpretation most favorable to the Consumer. Translations must be interpreted in accordance with the common purpose of the Terms.

68. Governing law

These Terms are governed by French law. This choice does not deprive a Consumer of the mandatory protections applicable in their country of residence. A regional annex prevails over the general Terms in the event of a contradiction.

69. Competent courts

For Consumers, the competent courts are determined by the applicable mandatory rules. No clause requires a Consumer to bring proceedings exclusively before a foreign court where their local law allows them to bring proceedings before the courts of their place of residence. For Business Users, exclusive jurisdiction is granted to the competent courts of Paris, France, including in the event of multiple defendants or third-party proceedings.

70. Amicable resolution

The User is invited to send a written complaint to the Publisher before bringing proceedings. This amicable attempt does not deprive a Consumer of the right to bring proceedings directly before a court where the law allows it. The parties may agree to use mediation or any other amicable mechanism.

71. Contact

For any question or complaint: UPCHIN CORPORATION 78 avenue des Champs-Élysées, bureau 326, 75008 Paris, France E-mail: support@upchin.app Phone: +33 6 87 35 36 29

ANNEX A — EUROPEAN UNION AND EUROPEAN ECONOMIC AREA

A.1. Mandatory rights

Consumers residing in the European Union or the European Economic Area benefit from the mandatory rights applicable to digital content and digital services. The exclusions and limitations in the Terms do not apply where they would have the effect of unlawfully removing or reducing those rights.

A.2. Conformity

The Publisher provides a service that conforms to the contractually announced characteristics. In the event of a lack of conformity, the Consumer may be entitled, under applicable law, to:

have the service brought into conformity;
a price reduction;
termination of the contract;
a refund;
the necessary updates.

Bringing the service into conformity is carried out free of charge, without undue delay and without significant inconvenience where the legal conditions are met.

A.3. Changes

A non-necessary change to a digital service supplied over a continuous period must be based on a valid reason. Where it has a more than minor negative impact, the Consumer receives the information and remedies required by law.

A.4. France

For Consumers subject to French law, the provisions of the French Consumer Code (Code de la consommation) relating to digital content and digital services apply. After a prior written complaint that has not been resolved satisfactorily, the Consumer may, free of charge, refer the matter to the following mediator: CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu, 75008 Paris, France
Website: www.cm2c.net — online referral: www.cm2c.net/declarer-un-litige.php
Phone: +33 1 89 47 00 14 Referral to the mediator is not mandatory before bringing proceedings before a court.

ANNEX B — UNITED STATES OF AMERICA

B.1. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPCHIN IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUOUS AVAILABILITY OR ERROR-FREE OPERATION. These exclusions do not apply in States that prohibit the exclusion of certain implied warranties.

B.2. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PUBLISHER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES. Where the law allows, the Publisher’s total liability is limited to the greater of:

100 US dollars;
the sums paid for Upchin during the twelve months preceding the event giving rise to the claim.

Some jurisdictions do not allow all exclusions or limitations. In that case, the limitation applies to the maximum extent permitted.

B.3. Subscriptions

The material information relating to price, duration, automatic renewal, trial and cancellation must be reviewed before purchase. Apple subscriptions must be canceled from the Apple account. Deleting the Application does not constitute a cancellation.

B.4. Individual claims

To the fullest extent permitted by applicable law, each party agrees to bring its claims on an individual basis and not as a representative of a group. This provision does not limit any right to a class action, to public injunctive relief or to a remedy that cannot legally be waived.

B.5. Pre-dispute resolution

Before bringing an action, the parties are invited to confer for a period of thirty days from a sufficiently detailed written notice. This procedure does not prevent an urgent request or the exercise of a right subject to a time limit that might expire.

ANNEX C — INDIA

C.1. Consumer rights

The mandatory rights arising from Indian consumer law remain applicable. No clause may be interpreted as permitting:

an unfair trade practice;
misleading information;
the removal of a mandatory remedy.

C.2. Grievance officer

For grievances originating from India: Grievance Officer: Mingran SUN Designation: President of UPCHIN CORPORATION Email: support@upchin.app Postal address: 78 avenue des Champs-Élysées, bureau 326, 75008 Paris, France Where the applicable Indian rules so require, receipt of a grievance is acknowledged within forty-eight hours and a substantive response is provided within a maximum of one month.

C.3. Apple

Requests relating to billing, the Apple account or an App Store refund may require direct intervention by Apple. The Publisher remains responsible for its own obligations relating to the operation and conformity of the Application.

ANNEX D — MAINLAND CHINA, HONG KONG, MACAO AND TAIWAN

D.1. Distinct territories

Mainland China, Hong Kong, Macao and Taiwan are treated as distinct storefronts and regulatory territories. The availability of the Application in one of these territories does not guarantee its availability in the others.

D.2. Mainland China

Availability may be subject to:

a regulatory filing;
an ICP number or applicable registration number;
an identity verification;
an App Store requirement;
a change in local regulations.

The Publisher may withdraw or suspend the Application in mainland China if a required authorization or formality is no longer valid.

D.3. Consumer rights

Mandatory Chinese provisions relating in particular to:

price transparency;
service quality;
personal information;
minors;
prepaid services;
misleading commercial practices,

prevail over any incompatible clause.

D.4. Language

A Simplified Chinese version may be provided for mainland China. A Traditional Chinese version may be provided for Hong Kong, Macao or Taiwan. Where local law so requires, the local version prevails.

ANNEX E — JAPAN

E.1. Consumer protection

Warranty exclusions and limitations of liability apply only to the extent permitted by Japanese law. No clause removes a right that cannot be waived under Japanese consumer law.

E.2. Commercial information

The essential information relating to:

the identity of the Publisher;
the price;
renewal;
cancellation;
the features;
the essential limitations,

must be accessible before purchase.

E.3. Language

A Japanese version of the Terms and of the essential information may be made available. Where mandatorily required, the Japanese version prevails for the User concerned.

ANNEX F — SOUTH KOREA

F.1. Electronic commerce

The mandatory rights applicable to electronic contracts and to South Korean consumers remain applicable. The terms relating to price, renewal, cancellation and complaints must be presented clearly.

F.2. Complaints

Complaints relating to Upchin may be sent to: UPCHIN CORPORATION — Upchin Support support@upchin.app 78 avenue des Champs-Élysées, bureau 326, 75008 Paris, France The Publisher responds within the time limits imposed by applicable law.

F.3. Language

A Korean version of the Terms and of the privacy policy may be provided. Where Korean law requires information in Korean or imposes its precedence, that requirement prevails.

ANNEX G — RUSSIAN FEDERATION

G.1. Availability of payments

The ability to make a purchase or a renewal depends on the payment methods and Apple account balance available in Russia. The Publisher does not guarantee that a subscription can be taken out or renewed, even where the Application remains downloadable.

G.2. Sanctions

The Publisher may suspend:

sales;
renewals;
certain features;
support;
distribution,

where a measure is necessary to comply with a sanction, a banking restriction, an Apple requirement or an applicable legal obligation.

G.3. Local rights

The mandatory rights applicable to Russian Consumers are not set aside by the choice of French law.

ANNEX H — OTHER ASIAN TERRITORIES AND OTHER COUNTRIES

H.1. Precedence of local law

For any territory not expressly covered by an annex, these Terms apply subject to mandatory local laws.

H.2. Territorial restrictions

The Publisher may adapt:

the offers;
the prices;
the features;
the trial periods;
the languages;
the support channels;
availability,

according to the constraints specific to the territory.

H.3. Translations

A local translation is intended to make the Terms accessible. Where a local translation is not available, the English version applies to the extent permitted by law.

H.4. Local remedies

No clause prevents a Consumer from using a local complaint, mediation, refund or redress mechanism that cannot legally be excluded.