Legal
Legal Documents
Terms of Service
UPSTANCE – TERMS OF SERVICE
Last Updated: March 11, 2026
IMPORTANT NOTICE (READ CAREFULLY)
UpStance is a France-based, non-medical posture coaching and education service. It does not provide medical advice, diagnosis, treatment, rehabilitation, physical therapy, or telehealth services in the United States. If you experience pain, injury, neurological symptoms, or have a medical condition, consult a licensed healthcare professional.
1. ABOUT THESE TERMS
1.1 Agreement
These Terms of Service (“Terms”) govern your use of the UpStance website (“Site”) and services delivered primarily through messaging (including WhatsApp Business), voice notes, documents (PDF), and related communications (“Services”). The Services are provided by Mr. Anthony Januel, located in France (“UpStance,” “we,” “us,” “our”).
1.2 France-Based Provider
Services are offered from France. You are contracting with a foreign provider. We are not a U.S. healthcare provider and do not provide U.S. medical services.
1.3 Binding Contract
By using the Site, contacting us via WhatsApp Business, submitting photos or videos, purchasing services, or replying “I AGREE,” you accept and agree to these Terms.
1.4 Related Documents
These Terms incorporate the Privacy Policy, Medical Disclaimer, Coaching Waiver & Assumption of Risk, and Refund & Cancellation Policy.
2. ACCEPTANCE VIA WHATSAPP
2.1 Assent
Because Services are delivered via WhatsApp, acceptance may be confirmed by replying “I AGREE” to a message containing these Terms and related documents.
2.2 Electronic Signature
Typing “I AGREE,” clicking a checkbox, or confirming by message constitutes a legally binding electronic signature.
2.3 Non-Acceptance
If you do not agree, do not use the Site or Services.
3. ELIGIBILITY AND JURISDICTION
3.1 Age
You must be at least 18 years old to purchase paid services. We do not knowingly collect information from children under 13.
3.2 Local Law
You are responsible for ensuring that use of the Services is legal in your jurisdiction.
4. DEFINITIONS
Free WhatsApp Posture Audit: Complimentary educational posture review based on submitted photos or videos.
Paid Coaching Package: USD $185 personalized posture correction plan (PDF) plus one month of follow-up support.
Content: Materials provided by UpStance.
User Content: Materials you submit.
5. FREE WHATSAPP POSTURE AUDIT
5.1 Purpose
Provides general educational observations and evaluates suitability for the paid package.
5.2 Not Medical
Not a medical examination and does not provide diagnosis or treatment.
5.3 Limits
We may limit or decline free audits at our discretion.
5.4 Timing
Delivery timelines are estimates only.
6. PAID COACHING PACKAGE (USD $185)
6.1 Included
Personalized posture correction plan (PDF) and one month of follow-up via WhatsApp Business.
6.2 Follow-Up Scope
Reasonable coaching guidance with typical response times of 24–48 business hours, Monday to Friday.
6.3 Individualized
Plans are customized based on your submitted information.
6.4 No Guarantee
Results vary and are not guaranteed.
6.5 Delivery
Plan delivery is typically within five days of payment confirmation.
7. FEES AND PAYMENT
7.1 Price
USD $185 unless otherwise stated in writing.
7.2 Payment
Payments are made through third-party platforms (e.g., PayPal, bank transfer, Revolut, Wise). We do not process payments on the Site.
7.3 Confirmation
Services begin only after payment is received and confirmed.
8. REFUNDS AND CANCELLATIONS
8.1 No Refunds
All sales are final due to the personalized nature of the service, except where required by law.
8.2 Service Refusal
We may refuse or discontinue Services if inappropriate, unsafe, or if medical care is requested.
9. NON-MEDICAL NOTICE
9.1 Nature of Services
Services are non-medical coaching and education only.
9.2 Medical Care
Seek licensed medical care for pain, injury, neurological symptoms, or emergencies.
10. INSURANCE AND HSA/FSA
We do not bill insurance or provide diagnosis codes, CPT codes, or superbills. HSA/FSA eligibility is not guaranteed.
11. CLIENT RESPONSIBILITIES
You agree to provide accurate information, participate safely, and communicate respectfully.
12. THIRD-PARTY SERVICES
WhatsApp is a third-party platform governed by its own terms and privacy policies. We are not responsible for outages or data practices.
13. USER CONTENT
You are responsible for submitted content. Do not submit content of minors or third parties without consent. Content is used solely to provide Services. Sessions are not recorded by default.
14. INTELLECTUAL PROPERTY
All Content is owned by UpStance or its licensors and may only be used for personal, non-commercial purposes.
15. DISCLAIMERS
Services are provided “as is” and “as available,” without warranties.
16. LIMITATION OF LIABILITY
Total liability is limited to the amount paid. No liability for indirect or consequential damages.
17. INDEMNIFICATION
You agree to indemnify and hold us harmless from claims arising from misuse, violations, or submitted content.
18. TERMINATION
We may suspend or terminate access for violations, misuse, or safety concerns.
19. GOVERNING LAW
These Terms are governed by the laws of France. Jurisdiction lies with the competent courts of France, subject to mandatory consumer protection laws.
20. CHANGES
We may update these Terms at any time. Continued use constitutes acceptance.
21. CONTACT
Mr. Anthony Januel
34 Rue des Grillettes
42160 Bonson
France
Email: ajanuel42@gmail.com
Privacy Policy
UPSTANCE – PRIVACY POLICY
Last Updated: March 11, 2026
This Privacy Policy explains how UpStance collects, uses, shares, and protects personal information when you use our Site and Services. UpStance is based in France and provides Services internationally, including to customers in the United States.
1. INFORMATION WE COLLECT
We may collect:
1.1 Contact Information: name, email, phone number, language preference.
1.2 Coaching/Intake Information: posture goals, habits, lifestyle constraints, information you choose to share during messages.
1.3 Posture Photos and Videos: images/videos you send via WhatsApp Business or other channels you choose.
1.4 Communications: messages, voice notes, support requests.
1.5 Technical Site Data: IP address, device/browser data, cookies/analytics (if enabled).
1.6 Payment Confirmation Data: payment status and limited transaction details as needed to confirm payment.
2. HOW WE USE INFORMATION
We use information to: (a) provide the Services (posture audit, Plan creation, follow-up), (b) communicate with you, (c) confirm payments and maintain records, (d) improve the Site and services, (e) prevent fraud and maintain security, (f) comply with legal obligations.
3. HOW WE SHARE INFORMATION
We do not sell your personal information. We may share information with:
3.1 Service Providers: vendors needed to operate (hosting, email, storage, analytics if enabled).
3.2 Messaging Platform: If you communicate via WhatsApp, data is transmitted through and subject to that platform’s processing and policies.
3.3 Payment Providers: if you pay via PayPal (or another provider), that provider processes your payment under its own terms.
3.4 Legal/Safety: if required by law or to protect rights and safety.
4. WHATSAPP-SPECIFIC NOTICE
If you contact us via WhatsApp Business, you acknowledge that WhatsApp is a third-party platform with its own terms and privacy policies.
5. COOKIES AND TRACKING
We may use cookies for essential site functions and, if enabled, analytics. You can control cookies in your browser.
6. DATA RETENTION
We retain information as needed to provide Services, maintain records, resolve disputes, and comply with legal obligations.
7. DATA SECURITY
We take reasonable measures to protect information. No method of transmission/storage is 100% secure.
8. INTERNATIONAL TRANSFERS
Because we are in France, your information may be processed in France and may be accessed by providers in other countries.
9. YOUR CHOICES AND RIGHTS
You may request access, correction, or deletion by contacting: ajanuel42@gmail.com.
10. CHILDREN’S PRIVACY
We do not knowingly collect personal data from children under 13.
11. U.S. STATE PRIVACY NOTICES (IF APPLICABLE)
11.1 California (CCPA/CPRA): California residents may have rights to know/access, delete, correct, and opt out of certain sharing as defined by law. Requests: ajanuel42@gmail.com.
11.2 Washington & Nevada – Consumer Health Data Notice: If you are located in Washington or Nevada and your information qualifies as “consumer health data,” additional rules may apply.
12. WASHINGTON & NEVADA – CONSUMER HEALTH DATA NOTICE
12.1 Categories Collected: Posture photos/videos you submit; information about posture, movement habits, and physical comfort/discomfort; session notes related to your coaching plan.
12.2 Purpose: To provide non-medical posture coaching services.
12.3 Sources: We collect directly from you (messages, uploads, questionnaire answers).
12.4 Sharing: We share only as necessary to provide the Services. We do not sell consumer health data.
12.5 Your Rights: You may have rights to access, delete, and withdraw consent. Requests: ajanuel42@gmail.com.
13. CONTACT
Email: ajanuel42@gmail.com
Mail: 34 Rue des Grillettes, 42160 Bonson, France
Medical Disclaimer
UPSTANCE – MEDICAL DISCLAIMER
Last Updated: March 11, 2026
The information and services provided by UpStance are for educational and coaching purposes only.
1. NOT MEDICAL ADVICE
UpStance does not provide medical advice, diagnosis, treatment, rehabilitation, physical therapy, or telehealth services in the United States. Nothing on the website or in WhatsApp messages, voice notes, PDFs, or other content should be considered medical advice or a substitute for licensed medical care.
2. CONSULT A LICENSED PROFESSIONAL
If you have pain, an injury, a medical condition, neurological symptoms (numbness, tingling, weakness, dizziness), worsening symptoms, or any health concern, consult a licensed physician or healthcare professional. For emergencies, call 911 or your local emergency number.
3. ASSUMPTION OF RISK
Posture work and movement changes may involve physical activity and may result in discomfort, soreness, aggravation of symptoms, or injury. You are responsible for listening to your body and stopping any activity that causes pain or worsening symptoms.
4. NO GUARANTEE OF RESULTS
Results vary by individual. UpStance does not guarantee outcomes, including comfort changes, symptom changes, posture changes, performance, or injury prevention. Testimonials are not promises of typical results.
5. INFORMATIONAL ACCURACY
We try to provide helpful information but do not guarantee that content is complete, current, error-free, or suitable for every individual.
6. CONTACT
Questions about this disclaimer: ajanuel42@gmail.com
Coaching Waiver
UPSTANCE – COACHING WAIVER & ASSUMPTION OF RISK
WhatsApp Acceptance Version – Required Before Purchasing the Paid Coaching Package
Last Updated: March 11, 2026
PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.
By purchasing or participating in the UpStance Paid Coaching Package, you (“Client”) agree as follows:
1. NON-MEDICAL COACHING
I understand and agree that UpStance provides non-medical posture coaching and education only. It does not provide medical advice, diagnosis, treatment, rehabilitation, physical therapy, or telehealth services in the United States. I understand that UpStance is a France-based service provider.
2. VOLUNTARY PARTICIPATION AND PERSONAL RESPONSIBILITY
I participate voluntarily. I understand I am responsible for my own decisions and actions, including whether and how to implement suggestions.
3. HEALTH REPRESENTATIONS
I represent that:
(a) I am at least 18 years old;
(b) I am able to participate in light physical activity and posture/movement changes; and
(c) I will seek licensed medical guidance before participating if I have pain, injury, neurological symptoms, a medical condition, or any concern about safety.
4. ASSUMPTION OF RISK
I understand posture work and movement changes may involve risks, including discomfort, soreness, strain, aggravation of pre-existing conditions, falls, or injury. I assume all risks, whether known or unknown, to the fullest extent permitted by law.
5. STOP IF SYMPTOMS OCCUR
I agree to stop any activity immediately if I experience pain, worsening symptoms, dizziness, numbness/tingling, or other concerning symptoms, and to seek medical attention.
6. RELEASE OF LIABILITY (TO THE MAXIMUM EXTENT PERMITTED BY LAW)
To the fullest extent permitted by applicable law, I release and hold harmless UpStance, its owner, employees, contractors, and agents from claims arising out of or related to my participation in the Paid Coaching Package, including injury, pain, discomfort, aggravation of symptoms, or other adverse outcomes.
This release does not apply to liability that cannot be waived under applicable law (e.g., fraud, willful misconduct, or gross negligence where non-waivable).
7. NO GUARANTEE OF RESULTS
I understand results vary and no outcome is guaranteed.
8. NO INSURANCE; NO HSA/FSA REPRESENTATIONS
I understand UpStance does not bill insurance and does not provide superbills or medical coding documentation. I understand UpStance does not represent or guarantee HSA/FSA eligibility.
9. DISPUTE RESOLUTION
I agree disputes will be handled according to the Dispute Resolution section of the Terms of Service, incorporated by reference.
10. ACKNOWLEDGMENT AND ACCEPTANCE
To accept this Waiver, I will respond “I AGREE” via WhatsApp after receiving the link to this document. I understand this is a binding agreement.
Refund Policy
UPSTANCE – REFUND & CANCELLATION POLICY (WHATSAPP-FIRST MODEL)
Last Updated: March 11, 2026
This policy is incorporated into the Terms of Service.
1. FREE WHATSAPP POSTURE AUDIT
The Free WhatsApp Posture Audit is complimentary. Timing estimates are not guaranteed.
2. PAID COACHING PACKAGE (USD $185)
The paid package includes a personalized PDF Plan and one month of follow-up via WhatsApp, as described in the Terms.
3. NO REFUNDS AFTER PURCHASE
Because the paid package is a personalized service and we begin preparing your individualized plan promptly after payment is confirmed, all sales are final once purchased, except where applicable law requires otherwise.
4. DISPUTES THROUGH PAYMENT PROVIDERS
If you pay via a third-party payment provider (e.g., PayPal) and you open a dispute/chargeback/claim, we may pause Services pending resolution. If a payment is reversed, Services may be terminated to the extent permitted by law.
5. QUESTIONS
Contact: ajanuel42@gmail.com