ABOVE TERMS OF USE
Effective Date: 6 October 2026
Last Updated: 6 October 2026
Operator: New Version Limited
Location: New Zealand
Contact: above.support@newversion.studio
1.0 ACCEPTANCE OF TERMS
1.1 These Terms of Use are an agreement between you and New Version Limited, a company based in New Zealand ("we," "us," or "our"), about your use of the Above app on iPhone and Android, the Sky Check web page and our website (together, "Above").
1.2 By downloading, opening or using Above, you agree to these terms and to our Privacy Policy at https://sites.google.com/view/above-app/privacy-policy. If you do not agree, please do not use Above.
2.0 ELIGIBILITY
2.1 MINIMUM AGE
(a) You must be at least 13 years old, or older where your country sets a higher age for agreeing to online services on your own.
(b) Age 14: Austria, Bulgaria, Cyprus, Italy, Lithuania, South Korea and Spain.
(c) Age 15: Czechia, Denmark, France, Greece and Slovenia.
(d) Age 16: Chile, Croatia, Germany, Hungary, Ireland, Liechtenstein, Luxembourg, the Netherlands, Poland, Romania and Slovakia.
(e) Age 18: Colombia, India, Indonesia, Kenya, Nigeria, South Africa and Thailand, where the law treats everyone under 18 as a child who needs a parent's consent.
2.2 If you are under 18, or under the age of adulthood where you live, please read these terms with a parent or guardian. Some features, including the community, are only for adults aged 18 and over.
2.3 You must be able to form a binding agreement where you live, and not be barred from using Above under any law.
3.0 ABOVE IS NOT A MEDICAL OR EMERGENCY SERVICE
Please read this section carefully.
3.1 Above is a wellbeing and self-help app. It is not therapy, counselling, medical care or a crisis service, and it does not diagnose, treat or cure any condition.
3.2 Olie, the lessons, the techniques and the community are not a substitute for advice from a doctor, psychologist or other qualified professional. Talking to a professional can really help.
3.3 IN AN EMERGENCY
(a) If you are in danger, or thinking about harming yourself or someone else, contact your local emergency number or a crisis line now.
(b) Above is not an emergency service, and it cannot call anyone for you.
(c) The crisis screen in the app (Settings, then Crisis support) lists support options for your country, and our Support page at https://sites.google.com/view/above-app/support has more.
3.4 Helpline details in Above are provided for convenience. We check them, but numbers change, so if one does not work, please call your local emergency number.
3.5 Above looks out for signs of crisis in what you write, and tries to point you to real help. These checks are automatic, they can miss things, and they are not monitoring by a person. Please do not rely on Above to notice that you are unsafe.
3.6 Some activities involve breathing, movement or relaxation. Stop if you feel unwell, and check with a doctor first if you have a health condition that could be affected.
4.0 OLIE AND AI
4.1 Olie's chat replies are generated by artificial intelligence. The AI model is made by OpenAI and is reached through our provider OpenRouter. Olie is not a person and is not a therapist.
4.2 AI can be wrong, incomplete or unsuitable for your situation. Do not rely on Olie for medical, legal, financial or safety decisions.
4.3 Olie is designed to notice signs of crisis and point you to real help, but it may miss them. Olie never contacts anyone on your behalf.
4.4 Chatting with Olie needs an account, an internet connection and your consent to AI processing. You can turn AI features off at any time in Settings, then Plan and account, then AI features. There are daily message limits, which are higher with Above Plus.
4.5 How your chats and the AI safety checks are handled is explained in the "Olie and AI" and "Safety Checks" sections of our Privacy Policy at https://sites.google.com/view/above-app/privacy-policy.
5.0 YOUR ACCOUNT
5.1 You can use most of Above without an account. Olie chat, the community and Sky Check need one.
5.2 Keep your sign-in details safe. You are responsible for what happens under your account, unless it was not your fault.
5.3 Give accurate information, including your age.
5.4 You can delete your account at any time in the app, in Settings, then Manage account, then Delete account. Deleting the app does not delete your account or cancel a subscription. Full steps are at https://sites.google.com/view/above-app/delete-account.
6.0 ABOVE PLUS SUBSCRIPTIONS AND PURCHASES
6.1 WHAT ABOVE PLUS IS
(a) Above is free to download.
(b) Above Plus is an optional paid upgrade that opens every Sky Island after the first one on each journey and gives you more daily chats with Olie.
(c) The app shows what is included before you buy.
6.2 BILLING BY YOUR APP STORE
(a) On iPhone you buy Above Plus through the Apple App Store, and Apple charges your Apple Account when you confirm the purchase.
(b) On Android you buy it through Google Play, and Google charges your Google Play payment method.
(c) We never see or store your card details.
(d) The price, shown in the app before you buy, may vary by country.
6.3 AUTO-RENEWAL
(a) Monthly and yearly plans renew automatically at the end of each period unless you cancel before the current period ends.
(b) On iPhone you must turn off auto-renew at least 24 hours before the period ends, or Apple charges the renewal within the 24 hours before it ends.
(c) On Android, cancel before the period ends under Google Play's rules.
6.4 MANAGING AND CANCELLING
(a) In the app: Settings, then Manage subscription, then Cancel subscription. This opens your app store's subscriptions.
(b) On iPhone you can also use iPhone Settings, then your name, then Subscriptions.
(c) On Android, open Google Play, then Payments and subscriptions.
(d) Cancelling stops the next renewal, and you keep Plus until the end of the period you paid for.
(e) Deleting the app or your Above account does not cancel a subscription, and we cannot cancel one for you.
6.5 FREE TRIALS
(a) If a plan offers a free trial, the app shows how long it is before you buy.
(b) You will not be charged until the trial ends. Then the plan renews at the price shown unless you cancel before the trial ends (at least 24 hours before, on iPhone).
(c) The store decides whether you are eligible for a trial, and a trial is only offered once per Apple Account or Google account.
6.6 LIFETIME
(a) A one-time "Lifetime" purchase, if offered, gives you Above Plus for as long as we offer Above, and does not renew.
(b) A Lifetime purchase does not cancel a subscription you already have, so cancel that separately.
(c) From time to time we may offer Lifetime at a special price for a limited time. The end time shown in the app is real.
6.7 PRICE CHANGES
(a) If we change a subscription price, your app store tells you in advance and, where required, asks for your agreement before the new price applies.
6.8 REFUNDS
(a) Payments are handled by Apple or Google, so refunds are requested from them and follow their policies.
(b) There is a shortcut in Settings, then Manage subscription, then Refunds.
(c) We cannot issue refunds ourselves.
(d) This does not limit any rights you have under consumer law (see Section 16.0).
6.9 RESTORING
(a) If you reinstall Above or change phones, use "Restore purchases" on the Above Plus screen or in Settings, then Manage subscription, signed in to the same Apple Account or Google account you bought with.
6.10 SERVER CHECKS
(a) To give you Plus, Above sends proof of your purchase to our servers, where we verify it with Apple or Google. This is also how Plus follows your account when you sign in.
6.11 CHANGES TO PLUS
(a) We may add, change or remove features over time.
(b) We will not take away a core part of what you paid for during a paid period without a fair reason, and we will tell you ahead of time.
7.0 YOUR CONTENT
7.1 "Your content" means what you type or submit in Above: journal notes, reflections, chat messages, community posts and anything else.
7.2 You own your content.
7.3 Content that stays on your device is yours alone. We do not receive it, except as described in the Privacy Policy (for example, text sent for a safety check).
7.4 For content that reaches our servers, you give us a non-exclusive, worldwide, royalty-free licence to store, process, display and transmit it only to run Above for you. For example: to reply to you in chat, to show your community posts to other members, and to moderate them. This licence ends when your content is deleted, except for copies in backups for a short time, and posts that other people have already seen.
7.5 You are responsible for your content. Only post what you have the right to share, and do not share other people's private information.
8.0 COMMUNITY RULES AND MODERATION
8.1 The community is for adults aged 18 and over. Everyone who posts agrees to the Community Guidelines at https://sites.google.com/view/above-app/community-guidelines. In short: be kind, no medication advice, keep private details private, and reach out for real help in a crisis.
8.2 Posts are checked automatically before other members see them, by a filter and by AI. A post may be held for review, hidden or removed.
8.3 Members can report or block others. A post reported by several members is hidden automatically while it is reviewed.
8.4 We may remove content, or suspend or end someone's access to the community or to Above, if they break these terms or the guidelines, or to keep people safe. Where we can, we will tell you why. You can ask us to review a decision by emailing above.support@newversion.studio.
8.5 We do not endorse what members post, and we cannot check everything. Advice from members is not professional advice.
9.0 ACCEPTABLE USE
9.1 You agree not to:
(a) Use Above to harass, threaten, bully or harm anyone, or to encourage self-harm.
(b) Post anything illegal, hateful, sexual, or that exploits children.
(c) Impersonate anyone, or share someone else's personal information.
(d) Advertise, spam or share links or contact details in the community.
(e) Try to break, overload or get around Above's security, rate limits, age rules or safety features, or try to make Olie produce harmful content.
(f) Copy, scrape, reverse-engineer or resell Above, except where the law allows it.
(g) Use Above to build a competing product or to train an AI model.
10.0 INTELLECTUAL PROPERTY AND YOUR LICENCE
10.1 Above, including Olie (the character, name and art), the Sky Path, the lessons, techniques, scripts, sounds, designs and code, belongs to New Version Limited or our licensors and is protected by intellectual property law.
10.2 We give you a personal, non-exclusive, non-transferable, revocable licence to download and use Above on devices you own or control, for your own non-commercial use, in line with these terms and the rules of your app store (see Sections 21.0 and 22.0).
10.3 You may share things Above lets you share, such as share cards and your Sky Check link.
10.4 Open-source software in Above is licensed under its own terms, listed in the app in Settings, then Open-source licences.
11.0 THIRD-PARTY SERVICES
11.1 Above relies on other companies' services. These include:
(a) Apple (App Store, Sign in with Apple, speech recognition)
(b) Google (Google Play, Google Sign-In)
(c) OpenAI through OpenRouter (AI)
(d) Supabase (our servers)
(e) PostHog (usage analytics, which you can turn off)
(f) Sentry (crash reports)
(g) Cloudflare (bot checks at sign-in)
(h) Helpline websites such as findahelpline.com
11.2 Their terms and privacy policies apply to how you use their services. Our Privacy Policy explains what we share with them.
11.3 We are not responsible for third-party websites or services we link to.
12.0 CHANGES TO ABOVE
12.1 We are always improving Above, so features may change, and we may pause or stop parts of it.
12.2 If we plan to stop Above altogether, we will give you reasonable notice where we can, and you can export your data before it closes (Settings, then Your data, then Export my data).
13.0 TERMINATION
13.1 You can stop using Above at any time, and delete your account in the app.
13.2 We may suspend or end your access if you seriously or repeatedly break these terms, if the law requires it, or to protect others. Where reasonable, we will warn you first.
13.3 If we end your access without a good reason while you have a paid subscription, you can ask us for help getting a pro-rata refund through your app store.
13.4 Parts of these terms that by their nature should continue (such as Your Content, Intellectual Property, Disclaimers, Your Consumer Rights and Our Liability, Indemnity, Governing Law and General Provisions) survive after these terms end.
14.0 DISCLAIMERS
14.1 To the extent the law allows, Above is provided "as is" and "as available". We work hard to make Above helpful and reliable, but we do not promise that:
(a) It will meet your needs or improve how you feel.
(b) It will always be available, uninterrupted or error-free.
(c) AI replies, community posts or third-party information (including helpline details) will be accurate or complete.
14.2 Nothing in these terms excludes guarantees or rights that the law says cannot be excluded.
15.0 INDEMNITY
15.1 If you are using Above for business purposes, you agree to cover our reasonable costs from a claim by someone else caused by your breach of these terms or your content. This does not apply to consumers where the law does not allow it.
16.0 YOUR CONSUMER RIGHTS AND OUR LIABILITY
16.1 CONSUMER LAW COMES FIRST
Nothing in these terms limits rights you have under consumer laws that cannot be excluded, including:
(a) In New Zealand, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
(b) In Australia, the Australian Consumer Law (for example, guarantees that services are supplied with due care and skill).
(c) In the EU, the UK and elsewhere, your statutory rights as a consumer, including rights for digital content and services that do not conform.
16.2 If you are using Above for business purposes in New Zealand, the Consumer Guarantees Act does not apply, as allowed by section 43 of that Act.
16.3 LIMITS ON OUR LIABILITY
As far as the law allows:
(a) We are not liable for loss that was not reasonably foreseeable, or for indirect or consequential loss, loss of data (other than as a result of our failure to take reasonable care), or loss of profits.
(b) Our total liability to you for all claims about Above is limited to the greater of the amount you paid us for Above Plus in the 12 months before the claim, or NZ$100.
16.4 We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law.
17.0 GOVERNING LAW AND DISPUTES
17.1 These terms are governed by the laws of New Zealand.
17.2 If you have a problem, please contact us first at above.support@newversion.studio. Most things can be sorted out quickly.
17.3 The courts of New Zealand have non-exclusive jurisdiction. If you are a consumer living elsewhere, you keep the protection of the mandatory laws of your country and can bring a claim in your local courts.
17.4 If you live in the EU, you may also be able to use an alternative dispute resolution body in your country.
18.0 GENERAL PROVISIONS
18.1 If part of these terms cannot be enforced, the rest still applies.
18.2 If we do not enforce a right straight away, we can still enforce it later.
18.3 You cannot transfer your rights under these terms. We may transfer ours to a company that takes over Above, as long as your rights are not reduced.
18.4 These terms, the Privacy Policy and the Community Guidelines are the whole agreement between you and us about Above.
19.0 CHANGES TO THESE TERMS
19.1 We may update these terms, for example when we add features or the law changes.
19.2 If a change is important, we will tell you in the app at least 14 days before it takes effect, unless it is needed sooner for legal or safety reasons.
19.3 If you keep using Above after the change, the new terms apply. If you do not agree, you can stop using Above and delete your account.
20.0 CONTACT INFORMATION
20.1 GENERAL INQUIRIES
Email: above.support@newversion.studio
Support page: https://sites.google.com/view/above-app/support
20.2 BUSINESS INFORMATION
Operator: New Version Limited
Location: New Zealand
App: Above (iPhone, iPad and Android)
21.0 APPLE APP STORE TERMS
This section applies if you got Above from Apple's App Store. If it conflicts with anything else in these terms, this section wins.
21.1 Acknowledgement. These terms are between you and New Version Limited only, not Apple Inc. ("Apple"). New Version Limited, not Apple, is solely responsible for Above and its content.
21.2 Scope of licence. Your licence to use Above is limited to a non-transferable licence to use it on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that Above may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
21.3 Maintenance and support. New Version Limited is solely responsible for providing any maintenance and support for Above, as described in these terms or required by law. Apple has no obligation at all to provide maintenance or support for Above.
21.4 Warranty. New Version Limited is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If Above fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of Above to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to Above, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are New Version Limited's sole responsibility.
21.5 Product claims. New Version Limited, not Apple, is responsible for addressing any claims by you or any third party relating to Above or your possession and use of it, including: (i) product liability claims; (ii) any claim that Above fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. These terms do not limit New Version Limited's liability to you beyond what applicable law permits.
21.6 Intellectual property rights. If a third party claims that Above, or your possession and use of it, infringes that third party's intellectual property rights, New Version Limited, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
21.7 Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
21.8 Developer name and contact. Questions, complaints or claims about Above can be sent to New Version Limited at above.support@newversion.studio.
21.9 Third-party terms. You must comply with any applicable third-party terms when using Above, such as your mobile carrier's data plan terms.
21.10 Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these terms. When you accept these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
22.0 GOOGLE PLAY TERMS
This section applies if you got Above from Google Play. If it conflicts with anything else in these terms, this section wins.
22.1 Google Play's own terms, including the Google Play Terms of Service, also apply to your download of Above and to anything you buy through Google Play.
22.2 These terms are between you and New Version Limited only, not Google LLC or its affiliates ("Google"). New Version Limited, not Google, is solely responsible for Above and its content, and for maintenance, support, warranties and any claims about Above.
22.3 Payments, subscriptions and refunds for purchases made through Google Play are handled by Google under its policies, as described in Section 6.0.
22.4 You must comply with any applicable third-party terms when using Above, such as your mobile carrier's data plan terms.
ACKNOWLEDGMENT AND ACCEPTANCE
BY USING ABOVE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING SECTION 3.0 (ABOVE IS NOT A MEDICAL OR EMERGENCY SERVICE).
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE ABOVE.
END OF TERMS OF USE
New Version Limited
6 October 2026