Last Updated on March 16th, 2025
Terms of Service
Welcome to FrameMax (the “App”), owned and operated by Upsurge Technology Inc. (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of the App, including creating an account, purchasing a subscription, uploading images for AI analysis, receiving physique ratings and workout plans, and storing results. By using the App, you agree to these Terms. If you do not agree, please do not use the App.
Eligibility
You must be at least 18 years old to use this App. By creating an account, you confirm that you are legally capable of entering into these Terms.
Account Registration and Security
You must create an account to use the App. You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized access or use of your account.
Subscription and Payments
The App offers subscription-based access, which renews automatically unless canceled before the next billing cycle. Payments and subscription management are handled through RevenueCat, a third-party service that integrates with Apple’s App Store. RevenueCat does not store credit card details; all transactions are securely processed through Apple. You may cancel your subscription at any time through your Apple ID settings. Refunds are subject to Apple’s refund policy.
User Content and Data Storage
When you upload an image to FrameMax, it is encrypted and securely stored using advanced encryption methods. Only you can access and view your stored images. However, in order to generate physique ratings and feedback, FrameMax must send your raw (unencrypted) image to an external AI service (OpenAI’s API) for processing. This is necessary for performing the analysis. Once processing is complete, the raw image is not stored by FrameMax, and only the encrypted version remains. By using the app, you consent to this AI processing and acknowledge that OpenAI's privacy policies apply to any image temporarily sent for analysis. If you do not agree to these terms, you should not upload images for analysis. Your images and scan results are stored securely and may be deleted upon request. You must not upload inappropriate, offensive, or unauthorized content.
AI Analysis and Coaching
The App provides AI-generated physique ratings and workout recommendations. These results are for informational purposes only and do not constitute medical or professional fitness advice. The AI coaching is designed to provide guidance but should not replace advice from a certified trainer or healthcare professional.
Prohibited Conduct
You agree not to:
Use the App for illegal or unauthorized purposes. Attempt to reverse-engineer, modify, or exploit any part of the App. Share, sell, or distribute AI-generated results without permission.
FrameMax is not intended for the upload or storage of explicit, pornographic, illegal, or offensive images. You agree not to use the App to upload, store, share, or distribute any content that contains nudity, sexually explicit material, hate speech, violence, or any content that violates applicable laws or regulations. FrameMax reserves the right to remove any content that violates this policy and to suspend or terminate user accounts that breach these terms. Reporting Violations: If you encounter explicit or illegal content on FrameMax, please report it immediately by contacting us at business@framemax.app. We will review and take appropriate action, including content removal and account suspension, if necessary.
Privacy and Data Protection
We respect your privacy. Our Privacy Policy explains how we collect, use, and store your data. By using the App, you consent to the processing of your data as described in the Privacy Policy. All stored images are encrypted for security. However, raw images are temporarily sent to OpenAI for AI analysis before being discarded.
Disclaimer of Warranties
The App is provided “as is” without warranties of any kind. We do not guarantee that the AI-generated analysis will be accurate, complete, or beneficial for your fitness goals.
Limitation of Liability
To the maximum extent permitted by law, we are not liable for:
Any inaccuracies in AI-generated results. Any injuries, health risks, or damages resulting from reliance on AI feedback. Subscription fees or transactions processed through the App Store.
AI Processing Disclaimer: FrameMax uses third-party AI services (OpenAI) to generate physique ratings. While we prioritize security and privacy, we do not control how OpenAI processes temporary image data. By using the app, you acknowledge that OpenAI’s privacy policies apply when your image is processed.
AI-generated physique ratings are based on algorithmic analysis and may not reflect objective measurements. The AI may produce subjective or biased outputs. FrameMax does not guarantee the accuracy or fairness of AI-generated results. You acknowledge that AI-based analysis is for entertainment and informational purposes only and should not be used for medical or professional fitness decisions.
FrameMax and its AI-generated analysis do not provide medical advice. The AI system is for entertainment and informational purposes only. We are not responsible for decisions made based on AI-generated results.
Security Disclaimer
While we take reasonable security measures to protect your data, FrameMax cannot guarantee absolute security. We are not responsible for unauthorized access, hacking, data breaches, or other security vulnerabilities that may compromise your information. By using our services, you acknowledge and accept these risks. In case of a security incident affecting your personal data, we will take appropriate action in accordance with applicable laws.
Termination
We reserve the right to suspend or terminate your access if you violate these Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. You agree that any disputes arising from or relating to these Terms, your use of the App, or any related services shall be exclusively resolved in the courts of Ontario, Canada.
Contact Us
For questions or support, contact us at business@framemax.app. By using the App, you acknowledge that you have read, understood, and agree to these Terms.