Not a Medical Device

UpWella is a general-purpose fitness and wellness tracking application. It is not approved, certified, or intended to be used as a medical device under the Israeli Medical Devices Law 5772-2012 (חוק מוצרי בריאות), the EU MDR, or any other medical device regulation.

No Medical Advice

The information, exercise programmes, dietary suggestions, and AI coach responses provided through UpWella are for informational and motivational purposes only. They do not replace the advice of a licensed physician, physiotherapist, dietitian, or other qualified healthcare professional.

Consult Your Doctor First

Before beginning any exercise programme, particularly if you are significantly overweight, have cardiovascular disease, diabetes, orthopedic conditions, or any other medical condition, you should consult your physician. Stop exercising and seek medical attention if you experience chest pain, severe shortness of breath, dizziness, or pain.

Limitation of Liability

UpWella and its operators accept no liability for injury, illness, or adverse health outcomes arising from use of this application. Use of UpWella is entirely at your own risk.

Last updated: January 2025  |  Governing law: Commonwealth of Australia

1. Acceptance of Terms

By accessing or using UpWella ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. These terms are governed by the laws of the Commonwealth of Australia.

2. Service Description

UpWella provides a personal fitness tracking and wellness coaching platform. The Service includes exercise guidance, progress tracking, AI-powered coaching, and related features. It is not a medical service.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials. You must be at least 18 years of age to use the Service. You agree to provide accurate information during registration.

4. Subscription and Payments

Premium subscriptions are billed monthly or annually in advance. Prices are displayed in AUD (A$). All payments are processed securely via Stripe. Subscriptions auto-renew unless cancelled at least 24 hours before the renewal date. Refunds are provided in accordance with the Australian Consumer Law (ACL), Schedule 2 of the Competition and Consumer Act 2010 (Cth).

5. Cancellation & Australian Consumer Guarantees

You may cancel your subscription at any time. Upon cancellation, you will retain access to premium features until the end of your current billing period. Under Australian Consumer Law, you may be entitled to a remedy if the service is not of acceptable quality or does not match its description.

6. Intellectual Property

All content, design, and software within UpWella is protected by copyright under the Copyright Act 1968 (Cth) and owned by UpWella. You may not reproduce, distribute, or create derivative works without written permission.

7. Limitation of Liability

To the maximum extent permitted by Australian law, including the Australian Consumer Law, UpWella shall not be liable for indirect, incidental, or consequential damages arising from use of the Service.

8. Governing Law and Disputes

These Terms are governed by the laws of the State of New South Wales, Australia. Any disputes shall be resolved in the courts of New South Wales, or through the Australian Competition and Consumer Commission (ACCC) where applicable.

9. Contact

For questions about these Terms, contact: [email protected]

Last updated: January 2025  |  Applicable law: Privacy Act 1988 (Cth) & Australian Privacy Principles (APPs)

1. Data We Collect

We collect information you provide directly: name, email, age, height, weight logs, food diary entries, mood check-ins, progress photos, and fitness level. We also collect usage data to improve the Service. This information is collected in accordance with the Privacy Act 1988 (Cth).

2. How We Use Your Data

• To provide and personalise the UpWella Service
• To sync your data across devices (cloud sync users)
• To provide AI coaching responses personalised to your progress
• To send push notifications you have opted into
• To process subscription payments
• To comply with legal obligations under Australian law

3. Data Storage and Security

Your data is stored securely using industry-standard encryption. Health-related data (weight, food, mood) is treated as sensitive information under the Australian Privacy Principles and may only be collected with your consent and for a permitted health purpose.

4. Sharing of Data

We do not sell your personal data. We may share data with: payment processors (for billing), cloud infrastructure providers, and as required by Australian law. AI coaching queries are processed by Anthropic (Claude AI) — no personally identifiable information is sent. Where data is transferred overseas, we take reasonable steps to ensure it receives equivalent privacy protection.

5. Your Rights (Australian Privacy Principles)

Under the Privacy Act 1988 (Cth) and the Australian Privacy Principles, you have the right to:

• Access the personal information we hold about you
• Request correction of inaccurate or incomplete information
• Make a complaint about a breach of the APPs
• Opt out of direct marketing communications at any time

6. Cookies and Local Storage

UpWella uses browser local storage to save your data on your device. No tracking cookies are used for advertising purposes.

7. Data Retention

We retain your data for as long as your account is active or as needed to provide the Service. Upon account deletion, personal data is removed within 30 days in accordance with our obligations under the Privacy Act.

8. Complaints

If you believe we have breached the Australian Privacy Principles, you may contact us first at [email protected]. If unresolved, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.