UptakeX Terms of Service

Effective date: September 10, 2026 Last updated: September 10, 2026

1. Agreement

These Terms are an agreement between you and Arhan Barve ("we", "us") covering your use of the UptakeX app and the UptakeX website (together, the "Service"). By creating an account or using the Service you agree to these Terms and to the Privacy Policy and the Health and Fitness Disclaimer. If you do not agree, do not use the Service.

2. Who May Use UptakeX

You must be at least 18 years old to agree to these Terms on your own. If you are between 13 and 18, a parent or legal guardian must read and agree to them for you, and they are responsible for your use of the Service.
No one under 13 may use the Service.
The Service is offered in the United States only. Do not use it from outside the United States.
The Service is Harvard only. Creating an account requires an email address at a Harvard mail domain, and we may end access if you no longer have one.
You may not use the Service if we have previously terminated your account, or if a law that applies to you prohibits it.

3. UptakeX Is Not Medical Care

This is the most important thing in this document, so it is near the top rather than buried at the bottom.

UptakeX is a general wellness and fitness tracking tool. It is not a medical device, and it does not provide medical advice, diagnosis or treatment. Its body-fat estimate, metabolic-rate estimate, calorie and macronutrient targets, weight projections and AI-written answers are estimates and general information, produced by published formulas and by AI models, and they can be wrong.

Talk to a physician or a registered dietitian before starting any diet, calorie deficit or exercise program, and especially if you are pregnant or breastfeeding, under 18, over 65, have or have had an eating disorder, or have any medical condition, including diabetes, thyroid, cardiac, kidney or liver disease.
Do not use UptakeX to manage a medical condition, and do not change a prescribed diet, medication or treatment because of anything the app says.
Stop and seek medical help if you feel unwell.
In an emergency, call 911 or your local emergency number. Do not use UptakeX.

The Health and Fitness Disclaimer discloses every formula the app uses, its published source, its accuracy and its limitations. Read it. It is part of these Terms.

4. Your Account

Give us an accurate email address and keep it current, because it is how we reach you about your account and about any security incident.
Keep your password to yourself. You are responsible for what happens under your account.
One account per person. Do not share an account, and do not use someone else's.
Tell us at security@uptakex.app if you think your account has been accessed without your permission.

5. Your License To Use UptakeX

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial purposes, on devices you own or control, in line with these Terms and with Apple's App Store Terms of Service.

We keep all rights we do not expressly grant you. The app, the website, the name UptakeX, the logo, the designs and the text are ours or our licensors'.

The source code is separate. It is published as an open-source project under the Apache License, Version 2.0, and that license, not this section, governs what you may do with the code. Nothing in these Terms narrows the rights the Apache License grants you. Equally, the Apache License grants you no right to the name UptakeX, to the logo, or to the hosted Service, all of which stay ours. If you build on the code, ship it under your own name and brand.

6. What You May Not Do

Do not:

Copy, modify, reverse engineer, decompile or create derivative works from the app, except as the Apache License, Version 2.0 permits for the published source code, or where a law expressly gives you that right despite this clause.
Rent, lease, sell, sublicense or redistribute the Service or your access to it.
Use the Service to build or train a competing product or a machine-learning model.
Scrape, crawl or bulk-extract data from the Service, or access it by any automated means we have not published.
Circumvent our usage limits, our paywall, our authentication, or our rate limits, or attempt to reach another user's data.
Probe or attack our infrastructure or our providers' infrastructure, or interfere with anyone else's use of the Service.
Upload anything unlawful, or anything you do not have the right to upload.
Use a handle or display name that impersonates someone else, or send another user shared meals they have asked you to stop sending.
Use the Service to give medical, nutritional or clinical advice to anyone else, or to build a service that does.
Misrepresent the Service's output as medical advice or as a clinical measurement.

If you do any of these, we may suspend or terminate your account without notice.

7. Your Data And Your Content

You own what you enter. Your logs, notes, measurements and Ask messages are yours.
What you choose to share with a friend goes to that friend. Adding someone as a friend lets them see your handle, your display name, your House and your weekly counts, and sharing a meal sends that friend a copy of its nutrition. We cannot unsend it for you. Nothing else in your account is visible to another user. The Privacy Policy, section 4.4, says exactly what is and is not shared.
You give us the license we need to run the Service. You grant us a worldwide, royalty-free license to host, store, copy, transmit, display and process your content, and to send it to the processors listed in the Privacy Policy, for the sole purpose of operating and improving the Service for you. This license ends when you delete the content or your account, except for copies in routine backups until they age out.
We do not use your content to train AI models, and we do not sell it. See the Privacy Policy.
Export and deletion. You can export your data and delete your account from inside the app. See the Privacy Policy, section 9.
Keep your own copy of anything you cannot afford to lose. We take backups for our own disaster recovery, but the Service is not a backup service and we do not promise to be able to restore your data.

8. AI Features

UptakeX uses third-party AI models to read the text you write, estimate the nutrition of food you log, transcribe your dictation, and answer questions in the Ask tab.

AI output can be inaccurate, incomplete or wrong, including nutrition numbers that look precise. Treat every AI-produced number as an estimate and correct it when you know better. Every entry is editable.
AI output is general information, not advice from a professional.
Do not enter anything into the Ask tab that you would not want sent to a third-party AI provider. The Privacy Policy says exactly what is sent.
We may limit how much AI-backed usage an account gets, including on a paid plan, to keep the Service affordable and available. We will describe those limits in the app.

9. Subscriptions And Payment

9.1 Free And Paid

UptakeX has a free tier with usage limits and a paid subscription that raises or removes them. The features and limits of each tier, the price, and the subscription length are shown in the app before you buy.

9.2 Apple Bills You, Not Us

All subscriptions are sold through Apple's In-App Purchase system. Apple collects your payment and holds your payment details. We never see them. Your purchase is also subject to Apple's own terms.

9.3 Automatic Renewal

Read this part carefully:

A subscription renews automatically at the end of each billing period at the then-current price, until you cancel.
Apple charges your Apple Account within 24 hours before the current period ends.
To stop renewing, you must cancel at least 24 hours before the period ends. Cancel in the App Store: open Settings on your iPhone, tap your name, tap Subscriptions, select UptakeX, then Cancel Subscription. You can also manage it at https://apps.apple.com/account/subscriptions.
We cannot cancel your subscription for you and we cannot issue refunds, because Apple, not us, is the merchant. Deleting your UptakeX account does not cancel your subscription. Cancel it with Apple first.
Cancelling stops future charges. It does not refund the period you have already paid for, and you keep access until that period ends.

9.4 Free Trials And Introductory Offers

If we offer a free trial or an introductory price, the length and the price after it are shown at the point of purchase. A free trial converts into a paid subscription automatically unless you cancel at least 24 hours before it ends. One offer per person per subscription group, as Apple's rules allow.

9.5 Refunds

Refunds for App Store purchases are handled by Apple under Apple's policy, at https://support.apple.com/billing. Except where a law entitles you to a refund, purchases are non-refundable and unused portions of a period are not refunded.

9.6 Restore Purchases

If you reinstall the app or use a new device, use Restore Purchases in Settings to recover an active subscription bought with the same Apple Account.

9.7 Price Changes

We may change prices. An increase to a subscription you already have takes effect only at a renewal after Apple has given you the notice its rules require and, where required, only if you consent. If you do not want the new price, cancel before it applies.

10. Changes To The Service

We are a small operation and the Service will change. We may add, alter or remove features, and we may set or change usage limits. If we remove something material that you are paying for, we will tell you in the app first, and you can cancel.

We may also suspend the Service for maintenance, or stop offering it entirely. If we shut the Service down, we will give you reasonable notice and time to export your data.

11. Ending This Agreement

You may stop at any time. Cancel your subscription with Apple, then delete your account in Settings.
We may suspend or terminate your account if you breach these Terms, if we are required to by law, or if your use puts the Service, our providers or other users at risk. Where the circumstances allow it, we will tell you why and give you a chance to fix it.
We may also terminate an account for any reason on 30 days' notice to your account email, in which case we will refund any prepaid period we can, to the extent Apple's system allows it.
When your account ends, your license in section 5 ends, and your data is deleted as described in the Privacy Policy. Sections 3, 7, 12, 13, 14 and 16 survive.

12. No Warranty

To the fullest extent the law allows:

The Service is provided "as is" and "as available", without warranty of any kind. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, accuracy and non-infringement.

We do not warrant that:

The Service will be uninterrupted, secure, or free of errors.
Any calorie, macronutrient, body-fat, metabolic-rate or hydration number the app produces is accurate, or accurate for you.
Nutrition data from a label database, a restaurant, a dining-hall menu or an AI estimate is correct or current.
Using the Service will produce any particular result, including any amount of weight loss, weight gain or change in body composition.
Your data will never be lost.

Some states do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

13. Limitation Of Liability

To the fullest extent the law allows:

We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, lost goodwill or business interruption, arising out of or relating to the Service, even if we were told such damages were possible.
Our total liability to you for all claims relating to the Service is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the claim arose, or (b) one hundred United States dollars ($100).
Nothing in these Terms excludes liability that cannot be excluded by law, including liability for our own fraud, or for death or personal injury caused by our negligence where the law does not permit that exclusion.

Some states do not allow these limits, so parts of this section may not apply to you. [LAWYER TO REVIEW: whether the cap and the exclusions are enforceable in the chosen governing-law state for a consumer health app, and whether a personal-injury carve-out is required.]

14. Indemnity

You agree to indemnify and hold us harmless from claims, damages and reasonable legal costs arising out of your breach of these Terms, your misuse of the Service, or your use of the Service to advise or treat another person.

15. Apple

You acknowledge that:

These Terms are between you and us, not Apple, and 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 purchase price. To the maximum extent the law allows, Apple has no other warranty obligation for the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility, not Apple's.
Apple is not responsible for addressing any claim by you or a third party about the app, including product liability, a failure to conform to a legal or regulatory requirement, or a consumer-protection or privacy claim.
If a third party claims the app infringes their intellectual property, we, not Apple, are responsible for investigating and resolving it.
You must comply with applicable third-party terms when using the app.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
You represent that you are not located in a country subject to a United States Government embargo or designated as terrorist-supporting, and that you are not on any United States Government restricted-parties list.

16. Governing Law And Disputes

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules. You and we agree to the exclusive jurisdiction of the state and federal courts located in Suffolk County, Massachusetts, and each of us waives any objection to venue there.

[DECISION FOR THE OWNER, WITH A LAWYER: whether to add a binding arbitration clause and a class-action waiver. It is common in consumer app terms, it changes how a dispute would actually play out, and a badly drafted one is worse than none. This draft deliberately leaves it out rather than guessing. If one is added, it must be conspicuous and must include the opt-out and the small-claims carve-out that current case law expects.]

Nothing here stops you from bringing a claim in small-claims court, or from reporting a concern to a government agency.

17. The Usual Housekeeping

Changes to these Terms. We may update them. If a change is material we will notify you in the app before it takes effect and update the date at the top. Continuing to use the Service after that means you accept the change. If you do not, stop using the Service and delete your account.
Entire agreement. These Terms, the Privacy Policy and the Health and Fitness Disclaimer are the whole agreement between us about the Service.
Severability. If a court finds part of these Terms unenforceable, the rest stays in force.
No waiver. If we do not enforce a provision, we have not waived it.
Assignment. You may not assign these Terms. We may assign them to a successor in connection with a merger, acquisition or sale of assets, on notice to you.
No third-party beneficiaries, except Apple under section 15.
Force majeure. Neither of us is liable for a failure caused by something genuinely outside our control.

18. Contact

Arhan Barve support@uptakex.app

Appendix: Still Open

A postal address. The contact section names support@uptakex.app, which reaches a person.
Arbitration. Section 16 leaves the binding-arbitration and class-action question open. It is a decision to take with a lawyer, and a badly drafted clause is worse than none.
A lawyer has not reviewed these Terms.