Last Updated: September 21, 2026
These Terms of Use ("Terms") are a binding agreement between you and Upside App Studio ("we", "our", "us"), and they govern your access to and use of the Splay mobile application (the "App"). They also serve as the End User License Agreement (EULA) for the App.
By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
Please read Section 5 (Health, Safety and No Medical Advice) carefully. It limits what the App is for and what you must decide for yourself.
Splay is a posture and flexibility application. It uses your device's camera to measure how far your body moves, and it assembles stretching and mobility sessions from a library of exercises based on those measurements, the goal you choose, how you say you feel on a given day, and the areas of your body you flag as sore.
The App is distributed exclusively through the Apple App Store.
You must be at least 13 years old to use the App, and the App will not accept a stated age below 13. If you are between 13 and the age of majority in your jurisdiction, you may use the App only with the consent and supervision of a parent or legal guardian, who agrees to these Terms on your behalf.
The App is intended for personal, non-commercial use. Use by a gym, studio, clinic, employer, or any other organisation to instruct third parties requires a separate written agreement with us.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on Apple-branded devices that you own or control, and as permitted by the App Store Terms of Service, solely for your personal, non-commercial use.
The App is licensed, not sold, to you. We and our licensors retain all right, title, and interest in and to the App, including its software, pose library, video content, illustrations, text, and design. All rights not expressly granted are reserved.
You agree not to:
copy, modify, translate, reverse engineer, decompile, or disassemble the App, except to the extent applicable law expressly permits it despite this restriction;
rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer the App or any rights in it;
extract, scrape, re-host, or redistribute the App's exercise library, video content, or illustrations;
bypass, disable, or interfere with security, authentication, subscription, or paywall mechanisms, or use the App with a modified or jailbroken system in order to obtain premium features without paying for them;
use any robot, scraper, or automated means to access the App or its backing services, or to place unreasonable load on them;
use the App to instruct, coach, or treat other people in a commercial or clinical setting without our written consent;
use the App for any unlawful purpose, or in a way that interferes with or disrupts our servers, networks, or other users.
Splay is a general fitness and wellness tool. It is not a medical device, and nothing it produces is medical advice.
You acknowledge and agree that:
The App does not diagnose, treat, cure, or prevent any disease, injury, or medical condition. Its measurements are estimates produced by a camera-based model, not clinical assessments, and they may be inaccurate. A posture observation or a mobility angle shown in the App is not a diagnosis and must not be treated as one.
The App is not a substitute for professional advice. It does not replace a physician, physiotherapist, orthopaedist, qualified trainer, or any other healthcare professional. Consult one before beginning this or any exercise programme, and follow their advice over the App's where the two differ.
You should consult a healthcare professional before using the App if you are pregnant or postpartum, recovering from surgery or injury, have a spinal, joint, cardiovascular, neurological, or blood-pressure condition, suffer from dizziness or fainting, or are otherwise unsure whether stretching and mobility exercise is safe for you.
Physical exercise carries an inherent risk of injury. Stretching, holding poses, inversions, and mobility work can cause muscle strain, joint injury, falls, and other harm, including serious injury, regardless of how carefully a session is assembled.
You are responsible for your own body. Move within your own limits, warm up as appropriate, use a suitable surface and adequate space, keep pets and obstacles clear, and choose the gentler option whenever one is offered. Stop immediately if you feel pain, sharp discomfort, numbness, dizziness, shortness of breath, or anything that does not feel right, and seek medical attention if it persists.
The safety information you give the App is only as good as what you provide. Flagging a sore area causes the App to remove certain exercises, but the App cannot know about a condition you have not told it about, and it cannot see you while you practise. Never rely on the App to keep you safe from an injury it does not know about.
Do not use the App while driving, operating machinery, or in any situation where your attention is needed elsewhere. Practise in a safe, clear space.
You use the App, and perform any exercise it suggests, entirely at your own risk. To the maximum extent permitted by applicable law, you assume full responsibility for any injury, harm, or loss arising from your use of the App, and you release us from any claim arising from it.
If you are experiencing a medical emergency, call your local emergency number immediately. Do not use the App.
You retain ownership of the information you provide to the App — your scans, check-ins, body flags, goals, and practice history. By providing it, you grant us a worldwide, royalty-free, non-exclusive license to host, store, process, and transmit that information solely to operate the App and deliver the features you request, as described in our Privacy Policy.
The App uses artificial intelligence to help order the exercises in a session and to write short guidance notes. AI-generated text may be inaccurate, incomplete, or unsuitable for you. It is guidance only, it is not medical advice, and Section 5 applies to it in full. Every session the App produces is checked against the App's own safety rules before it reaches you, but that check is a safeguard, not a guarantee.
The App is free to download and offers optional premium subscriptions that unlock additional features.
Plans. Subscriptions are offered on a weekly and an annual basis. The exact price, period, and any free-trial length applicable to you are shown in the App and on the App Store, in your local currency, before you confirm the purchase. Prices vary by territory and may change; the price displayed at the moment of purchase is the one that applies.
Payment. Payment is charged to your Apple ID account when you confirm the purchase. Billing, renewal, and refunds are handled exclusively by Apple under the App Store Terms of Service. We do not process payments and have no access to your payment details.
Auto-renewal. Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period, at the rate then in effect for your plan.
Free trials. Where a free trial is offered, it converts into a paid subscription unless you cancel at least 24 hours before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription covering the same period.
Managing and cancelling. You can manage or cancel your subscription in your Apple ID account settings (Settings → your name → Subscriptions), or through the Manage Subscription row in the App's Profile screen. Deleting the App does not cancel your subscription.
Refunds. We cannot issue refunds. Refund requests must be submitted to Apple through reportaproblem.apple.com, and are decided by Apple under its own policies.
Restoring. If you have purchased a subscription and it is not recognised on a device, use the Restore Purchases row in the App's Profile screen.
Subscription management provider. We use RevenueCat to validate and synchronise your subscription status across devices.
The offer you are shown may differ from the one someone else is shown. We test different presentations and different offers (see Section 9). Whatever is displayed to you at the moment you confirm the purchase is the offer you are buying, and it is the one that binds us.
The App can be used without a subscription, with reduced limits on some features (for example, the number of sessions per day, the length of a session, and the range of available options). Safety is not a limited feature: the App applies the same body-flag rules, the same exercise substitutions, and the same safety checks regardless of whether you subscribe.
We may change what the free tier includes at any time, prospectively and without notice. Changes will not reduce what you have already paid for during a period you have paid for.
We measure how the App is used, and which advertisement brought you to it, as described in the Privacy Policy. Two consequences of that are part of this agreement:
You may be placed in a test group. We compare versions of a screen, of the setup flow, and of the subscription offer. This changes what the App presents to you. It never changes how your body is measured, which exercises you are given, or any safety rule — those are identical for everyone, and Section 5 applies unchanged.
On iOS you will be asked whether the App may track you. Your answer controls advertising measurement only. Declining changes nothing about the App: no feature is removed, no limit is added, and no price changes. You can change your answer at any time in iOS Settings.
We may update, modify, suspend, or discontinue the App or any of its features at any time. Some updates may be required for continued use. We do not guarantee that the App will be available without interruption or error, that it will work on every device or iOS version, or that any particular feature will continue to exist.
The App depends on third-party services (Apple, Google Firebase, a content delivery network, an AI provider, RevenueCat). Their unavailability may make the App or parts of it unavailable, and that is outside our control.
We are not a backup service. While we take reasonable care, we do not warrant that your scans, history, or other data will never be lost, and you should not rely on the App as the only record of anything important to you.
The App integrates third-party services, including Apple, Google Firebase, RevenueCat, a content delivery network, an AI provider, and our analytics and advertising-attribution providers. We do not control these services and are not responsible for their availability, accuracy, content, or practices. Your use of them is governed by the relevant third-party terms.
We may suspend or terminate your access to the App at any time, with or without notice, if you breach these Terms, if we reasonably believe your use creates risk or legal exposure, or if we discontinue the service. You may stop using the App at any time by deleting it; see Section 7 regarding cancelling a subscription and the Privacy Policy regarding deleting your data.
Sections 5, 6, 13, 14, 15, 16, and 18 survive termination.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE APP'S MEASUREMENTS ARE ACCURATE, THAT ITS RECOMMENDATIONS ARE SUITABLE FOR YOU, OR THAT USING IT WILL PRODUCE ANY PARTICULAR RESULT, IMPROVEMENT, OR HEALTH OUTCOME.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the law that applies to you, including liability for death or personal injury caused by our negligence, for fraud, or under mandatory consumer-protection law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPSIDE APP STUDIO, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE APP IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS (USD 50).
The limitations in this Section apply to the fullest extent permitted by law in your jurisdiction and are subject to the final paragraph of Section 12.
You agree to indemnify and hold harmless Upside App Studio and its affiliates, officers, employees, and licensors from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of or related to your use of the App, your breach of these Terms, or your violation of any law or third-party right.
These Terms are governed by the laws of the Republic of Türkiye, without regard to its conflict-of-laws principles. The courts and enforcement offices of Istanbul (Çağlayan) shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the App.
This does not deprive you of the protection of mandatory consumer-protection law. If you are a consumer, you may also bring proceedings in the courts of your country of residence where the law of that country gives you that right, and mandatory consumer rights in your country continue to apply. Consumers in Türkiye may apply to the relevant Consumer Arbitration Committee (Tüketici Hakem Heyeti) or Consumer Court under Law No. 6502.
We may update these Terms from time to time. The "Last Updated" date reflects the most recent revision. Material changes will be communicated through the App before they take effect. Continued use of the App after a change indicates acceptance of the updated Terms. If you do not accept them, stop using the App and cancel any subscription.
These Terms are between you and Upside App Studio only, not with Apple. The following applies to your use of the App on an Apple device, and in the event of a conflict it prevails over the rest of these Terms:
Acknowledgement. Apple is not responsible for the App or its content.
Scope of licence. The licence granted in Section 3 is limited to a non-transferable licence to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
Maintenance and support. We are solely responsible for providing maintenance and support for the App, at info@upsideappstudio.com. Apple has no obligation whatsoever to furnish any maintenance or support.
Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our sole responsibility.
Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
Intellectual property claims. In the event of a third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of that claim.
Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer name and address. Upside App Studio, Istanbul, Türkiye — info@upsideappstudio.com.
Third-party terms. You must comply with applicable third-party terms of agreement when using the App.
Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right (and are deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right is not a waiver of it.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
For questions about these Terms:
Upside App Studio Istanbul, Türkiye Email: info@upsideappstudio.com