Upsi Legal Terms & Conditions

Effective as of 23.11.2025

These Terms and Conditions, Privacy Policy and Subscription and Payment terms govern the use of the Upsi mobile applications, website, and related services (collectively referred to as the Service) provided by Upsiapp Oy (referred as the Service Provider).

1. Company Information

Upsiapp Oy Business ID: 2791457-4 Mechelininkatu 44 A 4 00250 Helsinki, Finland

Email: ace@upsiapp.com Website: https://www.upsiapp.com

2. Terms of Use

2.1 Agreement to Terms

By downloading, installing, or using the Service, an individual or entity becomes a User and agrees to be bound by these Terms of Use. If the User does not agree, using the Services must be stopped immediately.

2.2 Eligibility

The User must be at least 13 years old to create an account or use the Service. By using the Service, the User confirms compliance with this age requirement.

2.3 User Account

Name and email are required to create an account. The User is responsible for maintaining the confidentiality of login credentials and shall not share an account or use another person’s account without authorization.

2.4 Acceptable Use

The Service shall be used only for lawful purposes. The User agrees not to:

• Interfere with the Service, its data, or other Users.

• Use automation, scraping, or reverse-engineering tools.

• Upload or share content that is illegal, hateful, or infringes upon the rights of others.

The Service Provider reserves the right to remove, disable, or restrict any User content or account that violates these Terms or applicable law, at its sole discretion and without prior notice.

2.5 Intellectual Property

All content and technology within the Service are owned by The Service Provider or its licensors. The User is granted a limited, non-exclusive, revocable license to access and use the Service and its features. The User shall not copy, modify, distribute, or otherwise reproduce the Service or its data without the express permission of The Service Provider.

2.6 User Generated Content and Data

The User may upload or generate content within the Service (such as names, photos, or comments).The User grants The Service Provider a non-exclusive, royalty-free, worldwide license to display, use, and process it within the Service and in related promotional materials.

All data, including gameplay, scores, statistics, course ratings, rush reporting, course waypoint markings and any other data that the user inputs or system generates from those inputs through use of the Service, are considered part of the Service and are the exclusive property of The Service Provider. The Service Provider may collect, store, analyze, aggregate, and use such data to operate, improve, and develop the Service. Some user data is accessible to other users of the Service e.g name, picture, comments as well game scores and statistics. All or some of the User data may be published online by the Service.

The User is responsible for ensuring that any uploaded content does not violate applicable laws or third-party rights. The User agrees to indemnify and hold harmless The Service Provider from any claims, damages, or liabilities arising from content uploaded or actions taken in breach of these Terms. If a third party brings a claim against The Service Provider related to content provided by a User, the User agrees to compensate The Service Provider for any resulting liability or expense.

2.7 Permissions and Optional Features

If location permissions are not granted, location-based features (such as discovering nearby courses) cannot be used. If an email address is not provided, account creation or recovery is not possible. User is responsible for keeping the email address up to date. Location and push notifications are optional and used to improve the service in some features of the Service like finding the nearest courses. Location permission is required to use some services and collected only when needed to provide the such service e.g. measuring and storing throw distances.

2.8 Availability and Updates

The Service Provider may update or modify the Service at any time without prior notice, including its features or availability. Updates may be required to continue using the Service.

The Service Provider may change or update the minimum required operating system version, hardware specifications, or other technical requirements necessary to access or use the Service. The User is responsible for ensuring that the User’s device meets the current technical requirements.

The Service Provider shall provide necessary updates to maintain the conformity and security of the Service as required by applicable law.

2.9 Disclaimer of Warranty

The Service is provided “as is” and “as available.” The Service Provider makes no warranties regarding the reliability, availability, or suitability of the Service for any particular purpose.

2.10 Limitation of Liability

To the extent permitted by law, The Service Provider shall not be liable for indirect, incidental, or consequential damages, loss of data, or loss of profits.

2.11 Governing Law and Consumer Rights

These Terms are governed by Finnish law. Any dispute shall be resolved exclusively by the District Court of Helsinki, Finland. Consumers in Finland may seek advice from the Consumer Advisory Service and may refer disputes to the Consumer Disputes Board. Nothing in these Terms limits the rights of the User as a consumer under applicable Finnish or EU law.

3. Privacy Policy

3.1 Data Controller

Upsiapp Oy (Business ID 2791457-4) is the Data Controller for all personal data processed through the Service.

3.2 Data Collected

The Service Provider collects and stores the following categories of data:

• Account data: such as name, email, and profile photo.

• Gameplay data: such as scores, courses, statistics, and ratings.

• Device and technical data: such as technical logs, app version, device type, operating system and crash reports.

• User interaction data: such as game invites and comments

• Location data: such as device location

• Analytics data: such as usage, metrics, events.

3.3 Legal Bases for Processing

Data is processed under the following legal bases:

• Contract performance – to operate User accounts and gameplay functions.

• Legitimate interest – to improve Service quality and prevent misuse.

• Consent – for location access and push notifications.

Consent for location access and push notifications may be withdrawn at any time via device settings or in-app controls.

3.4 Use of Data

Personal data is used to:

• Provide and improve the Service.

• Personalize gameplay and course discovery.

• Maintain fair ratings and handicaps.

• Troubleshoot technical issues and perform analytics.

• Respond to support requests.

3.5 Data Retention

Personal data is retained for as long as the User’s account remains active. Upon user account deletion request, personal data shall be deleted or anonymized within 30 days, unless retention is legally required for longer.

3.6 Data Sharing and Processors

The Service Provider uses third-party service providers for hosting, data storage, analytics, and related operational purposes.

The Service Provider does not sell, rent, or commercialize personal data.

3.7 International Data Transfers

Data may be stored on servers located within or outside the EU/EEA, subject to appropriate safeguards in accordance with the GDPR (Articles 44–49).

3.8 User Rights under the GDPR

The User has the right to:

• Access personal data.

• Request correction or deletion.

• Restrict or object to processing.

• Request data portability.

• Withdraw consent at any time.

• File a complaint with the Office of the Data Protection Ombudsman (Tietosuojavaltuutettu), Finland.

3.9 Data Security

The Service uses secure connections (HTTPS) and industry-standard encryption. Access to data is restricted to authorized personnel only.

4. Subscription & Payment Terms

The Service Provider provides optional paid digital subscriptions, including “Upsi Black,” which grant the User access to additional features within the Service (collectively referred to as the “Subscription”).

4.1 Overview

Subscription is an optional paid subscription providing access to additional digital features in the Service.

The purchase of Subscription confers a limited right to access subscription features of the Service and does not grant the User any ownership, title, or intellectual property rights in the Service or its content.

The Service Provider reserves the right to change the price of any paid features or subscriptions at any time and without prior notice.

4.2 Payment and Processing

All payments are handled directly by the Apple App Store and Google Play Store under their respective terms:

• Apple Media Services Terms

• Google Play Terms of Service

The Service Provider does not process or store payment details.

4.3 Subscription Period and Renewal

Subscription renewal and cancellation terms are determined by the Apple App Store and Google Play Store. Users may manage or cancel subscriptions directly through their respective platform account settings, in accordance with the platform’s policies.

4.4 Free Trials, Discounts, and Affiliate Codes

The Service Provider may offer trial periods, promotional codes, or partner discounts from time to time. These are subject to availability and may be withdrawn or modified without notice.

4.5 Right of Withdrawal (EU/EEA Consumers)

Any questions regarding withdrawal, cancellation, or refunds must be directed to the Apple App Store or Google Play Store in accordance with their applicable terms and procedures.

4.6 Refunds

Refunds are handled solely by the App Store or Google Play according to their respective policies. The Service Provider cannot issue direct refunds for in-app purchases.

4.7 Service Changes

The Service Provider may add, modify, or remove features of Upsi Black. If a significant change materially affects the subscription, The Service Provider shall notify Users in advance.

5. Changes to These Terms

The Service Provider may update these Terms and related policies without prior notice . The updated version is published on the Service website and in app www.upsiapp.com/legal with a new Effective Date. Continued use of the Service after such updates constitutes acceptance of the revised Terms.

© 2025 Upsiapp Oy – All rights reserved.