Article 1 (Scope, Consent, and Definitions)

1. These Terms of Use (the “Terms”) set forth the conditions for using the iOS application “FormUp” (the “App”) provided by the individual developer Masayoshi Suzuki (the “Developer”), as well as any related services provided by the Developer (collectively, the “Service”). All users (each, a “User”) are deemed to have agreed to all provisions of these Terms and the Apple Standard End-User License Agreement (the “Apple Standard EULA”) by downloading, installing, or using the App. If the User is a minor, the User must obtain the consent of a legal guardian before using the App.

2. Definitions

   (1) Device: An iPhone that meets the device requirements listed on the Support page under “Supported Devices.”

   (2) Core Features: (i) Form Analysis—upload videos to the Device and render skeletal lines, joint angles and joint-point trajectories (motion trails); (ii) Comparison—play analyzed videos side-by-side or overlaid; (iii) Capture & Instant Analysis—record video in-app with a real-time AR overlay of skeletal lines and angles, which automatically transitions to form analysis upon completion of recording; and (iv) My Data—record, edit, and delete practice logs; view activity statistics and visualizations (streaks, condition heatmaps, trend charts (weekly / monthly / yearly / all-time), and milestones); and auto-fetch weather information for practice sessions.

   (3) Paid Features: Features available without limitation to Users who hold an active subscription. Specifically:

   (a) Form Analysis (i), Comparison (ii), and Capture & Instant Analysis (iii): Users without a subscription may use each up to one time per day.

   (b) Among My Data (iv), Weekly Summary, Condition Heatmap, Trend Charts (weekly / monthly / yearly / all-time), and Milestones (display of actual achievement data): Available only to Users who hold an active subscription.

   (c) Auto-fetch of weather information in My Data (iv): Users without a subscription may use this feature up to three (3) times in total.

   (4) Viewing Features: Features available at all times regardless of subscription status: playback/pause of analyzed videos, toggling display of skeletal lines/angles, saving to the Device, and among My Data (iv), recording/editing/deleting/searching practice logs, viewing the streak card and total analyzed videos card, and manual weather selection.

   (5) Apple Account: The authentication account provided by Apple Inc. (formerly “Apple ID”). Charges for in-app purchases are billed to the Apple Account.

Article 2 (Service Description)

1. The App analyzes videos of sports movements captured or stored on the User’s Device, visualizing skeletal lines and joint angles to support form analysis. It also offers a function that overlays skeletal lines and angles in real time on the live camera feed while recording, and automatically transitions to form analysis upon completion of recording.
2. In addition, the My Data feature allows Users to record and manage practice logs (including date/time, duration, condition, notes, etc.) and visualize streaks, condition heatmaps, trend charts (weekly / monthly / yearly / all-time), and milestones. All data saved through My Data is stored exclusively on the User’s device and is not transmitted to external servers. However, when using the auto-fetch weather feature, the App connects to an external weather data service based on location information (the retrieved weather data is stored on the device and is not sent to the Developer’s servers).
3. All video analysis is performed entirely on the User’s device, and no video data is transmitted to external servers. Paid Features are available without limitation while the subscription remains active. Users without a subscription may use Form Analysis, Comparison, and Capture & Instant Analysis each up to one time per day; may use auto-fetch weather in My Data up to three (3) times in total; and may not access Weekly Summary, Condition Heatmap, Trend Charts (weekly / monthly / yearly / all-time), or Milestones (display of actual achievement data) in My Data. Video analysis functions operate offline. Viewing Features are available to all Users. Note that an internet connection may be required for billing-related procedures such as downloading the App, purchasing or renewing a subscription, and verifying subscription status, as well as for auto-fetching weather information.
4. The App supports Japanese, English, Italian, French, German, Chinese (Simplified/Traditional (Hong Kong)), Korean and Spanish (Mexico).

Article 3 (Fees and Subscription)

1. Certain features and usage of the Service are available free of charge but are subject to limitations. To continue using the Service or to use it beyond such limitations, the User must purchase a paid subscription plan designated by the Developer. If the User does not purchase a subscription, the User may use the Form Analysis feature, the Comparison feature, and Capture & Instant Analysis each up to once per day (however, the User may be able to use these features free of charge on the first use after the initial launch), and may use auto-fetch weather in My Data up to three (3) times in total. Use of Weekly Summary, Condition Heatmap, Trend Charts (weekly / monthly / yearly / all-time), and Milestones (display of actual achievement data) in My Data requires an active subscription (the User may continue to record, edit, delete, and search practice logs, view the streak card and total analyzed videos card, manually select weather, and view videos that have already been analyzed). A free trial may be offered for certain paid subscription plans, and any such conditions shall be as displayed on the subscription purchase screen.
2. The subscription price, duration, renewal interval, and other details are as set out on the subscription purchase screen. When a User purchases a subscription, charges are billed to the User’s Apple Account. Unless the User cancels at least 24 hours before the end of the current subscription period, the subscription will renew automatically. Cancellation must be completed via the Apple Account’s “Manage Subscriptions.” Deleting the App alone does not cancel the subscription.
3. The Developer is not liable for any unavailability of the Paid Features resulting from the User’s failure to purchase a subscription. No prorated refunds are provided for mid-term cancellation.

Article 4 (User Responsibilities and Prohibited Conduct)

1. Environment: The User shall, at the User’s own cost and responsibility, prepare and maintain the Device, OS, network connection, and any other environment necessary to use the App, and shall endeavor to keep the App and the Device OS up to date. Communication charges are borne by the User.

2. Prohibited Conduct: Users must not:

   (1) Violate laws or public order and morals, or commit/encourage criminal acts;

   (2) Infringe third-party rights (including intellectual property, portrait/privacy rights);

   (3) Defame or slander the Developer or others, or damage their reputation or credibility;

   (4) Use another User’s account or impersonate any person;

   (5) Reverse engineer, decompile, modify the App, or inject malware;

   (6) Illegitimately use Paid Features or unlawfully extend free trials, or otherwise bypass/evade usage conditions;

   (7) Interfere with operation of the App/Service, place excessive load, or engage in unauthorized access;

   (8) Illegally alter or delete information obtained via the App;

   (9) Cause or risk causing damage to the Developer or third parties;

   (10) Violate these Terms, the Apple Standard EULA, or any Apple guidelines/policies; or

   (11) Engage in any other conduct the Developer deems inappropriate.

3. Health and Safety: When performing exercise based on the App’s analysis results, Users shall act at their own risk with due regard to their health status and surroundings. If the User has any pre-existing conditions or feels unwell, consult a physician before use. The Developer assumes no responsibility for any damages arising from such activities (including injuries, health issues, device damage, and any other losses).

Article 5 (User Content; Posting Rules)

1. Rights to videos, images, and other content captured or created by the User (“User Content”) belong to the User or the rightful owner. The Developer does not claim rights in User Content; however, the User represents and warrants that the User has the rights necessary to input/use such content in the App.
2. With respect to outputs generated on the User’s device through the App’s analysis or processing of user content, including but not limited to videos, images, and numerical data (collectively, “Generated Content”), any Generated Content that is saved or shared by a free user shall automatically include a watermark indicating the name of the App and/or related identifiers. Free users shall not remove, obscure, alter, or otherwise modify such watermark (including by cropping or other processing that renders the watermark substantially unrecognizable), nor shall they cause any third party to do so, and shall not post, share, distribute, or otherwise make public any Generated Content after engaging in such actions. In contrast, any Generated Content that is saved or shared by a paid subscription user shall not include a watermark, and paid subscription users shall not be required to indicate, when posting Generated Content on social media or similar platforms, that such content was generated using the App.
3. Data recorded by the User through the My Data feature, such as practice logs (collectively, “User Recorded Data”), is stored exclusively on the User’s device. The Developer does not access User Recorded Data and does not claim any rights therein. If the App is deleted, User Recorded Data stored on the device may be lost.