Shift Up

Legal

Terms of Service

Effective date: July 8, 2026 · Supersedes all prior versions (previous update April 28, 2025)

These Terms of Service (“Terms”) are a binding agreement between you (“you,” “user”) and Shift Up LLC (“Shift Up,” “Company,” “we,” “us,” “our”), a Utah limited liability company located at 7533 S Center View Ct Ste R, West Jordan, UT 84084. They govern your access to and use of our websites, the Shift UP Breakthrough application (the “App”), and our coaching, courses, certifications, podcasts, events, digital content, and related services (together, the “Services”).

By creating an account, subscribing, purchasing, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

1Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services you represent that you meet these requirements and that the information you provide is accurate and current.

2The Services & the App

Our Services include coaching, courses, certifications, podcasts, events, one-on-one sessions, and the Shift UP Breakthrough App. The App is a guided self-guided experience that helps you identify a limiting belief, records a written summary of your session, and supports you in integrating new beliefs through daily action steps, reflections, progress tracking, and optional guided audio meditations. Some Services are delivered by our founder and facilitator, Heather Berry.

The App is a web application you use in a browser or add to your device’s home screen; it is not distributed through the Apple App Store or Google Play. It requires an internet connection for certain features.

3Not therapy or medical care

4Accounts & access

To use the App you create an account tied to your email address. We may use passwordless “magic link” sign-in, which sends a one-time link to your email; you are responsible for keeping access to your email account secure. You are responsible for all activity under your account. Do not share your account or sign-in links. Notify us promptly of any unauthorized use. Your access to certain features depends on your account status and active entitlements (for example, a free breakthrough versus an active subscription), which we may manage through our customer platform.

5Your free breakthrough

We may offer eligible users one complimentary breakthrough session and its written record at no charge. Unless we state otherwise, the free tier is limited to a single breakthrough per account. You keep read access to your completed free breakthrough and its record, including any downloadable keepsake document, subject to these Terms. Full daily integration features, additional breakthroughs, and guided next-step meditations require a paid subscription or a complimentary access grant from us.

6Subscriptions & billing

Paid access to the App’s integration features (“Shift UP Integration”) is sold as an auto-renewing subscription. Current pricing is $17 per month or $144 per year (equivalent to $12 per month). Prices are in U.S. dollars and exclusive of any applicable taxes.

• Auto-renewal. Your subscription automatically renews at the end of each billing period (monthly or annual) at the then-current price, and your payment method is charged automatically, until you cancel.
• Payment. Payments are processed by our third-party payment processor (Stripe), through our customer platform. By subscribing you authorize us and our processor to charge your payment method for the subscription and any applicable taxes on a recurring basis.
• Price changes. We may change subscription prices. We will give you reasonable advance notice, and changes apply to your next billing period. Continuing after a price change means you accept the new price.
• Failed payments. If a charge fails, we may retry, suspend integration features, or downgrade your account until payment succeeds.

7Cancellation & refunds

You can cancel anytime. When you cancel, your subscription remains active through the end of the current billing period and then does not renew. After it ends, your account moves to read-only access: you keep the ability to view your existing breakthroughs, beliefs, steps, and reflections, and to download your records, but you cannot add new steps or create new breakthroughs until you subscribe again.

Refunds. Except where required by law, subscription fees are non-refundable, and canceling does not entitle you to a refund for the current period. Refunds for other Services (coaching, courses, events) follow the policy provided at the time of that purchase.

8Your content & privacy

You own your content. The beliefs, reflections, answers, and other material you create in the App (“Your Content”) belong to you. You grant Shift Up a limited, non-exclusive license to store, process, and display Your Content solely to operate and provide the Services to you (for example, saving your progress, generating your summary, and syncing across your devices).

Sensitive content. The App may invite deeply personal reflections. You choose what to enter. When you choose to keep your root memory private, the App does not send or store your actual words — it uses only a neutral placeholder, so that reflection is never transmitted to our servers or the AI provider (see our Privacy Policy). We use reasonable measures to protect your data, but no method of storage or transmission is completely secure, and you provide sensitive information at your own discretion.

Automated processing. To generate summaries and suggestions, portions of your session responses are sent to a third-party AI provider for processing. We do not sell Your Content. Our collection and use of personal information is described in the Privacy Policy, which is part of these Terms.

9AI-generated content

Some features use automated systems (artificial intelligence) to generate summaries, titles, suggested action steps, and similar content based on what you provide. AI output can be inaccurate, incomplete, or unexpected. It is provided for your reflection only, is not professional advice, and should not be relied upon as fact. You are responsible for reviewing and deciding how to use any AI-generated content, and we are not liable for actions you take based on it.

10Acceptable use

You agree not to: use the Services unlawfully or in violation of these Terms; attempt to access accounts or data that are not yours; probe, scan, or breach security; reverse engineer, scrape, or copy the Services except as allowed by law; resell or share paid access; upload malicious code; or use the Services to harass or harm others. We may investigate and take appropriate action, including suspension or termination, for any violation.

11Intellectual property

The Services and all associated materials—including the Shift UP method and framework, software, text, graphics, logos, the “Shift Up” name and marks, audio recordings, meditations, and course content—are owned by Shift Up LLC or its licensors and are protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable license to access and use the Services for your own personal, non-commercial use. You may not copy, distribute, publicly perform, modify, or create derivative works from our materials without our prior written permission. Your Content is excluded from this section and remains yours as described above.

12Third-party services

We rely on third-party providers to deliver the Services—including payment processing, our customer/CRM platform, hosting and infrastructure, email delivery, and AI processing. Your use of features that depend on these providers may also be subject to their terms and privacy practices. We are not responsible for third-party services, and their availability is outside our control.

13Availability & changes

We aim to keep the Services available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, add, or discontinue features at any time, and may perform maintenance that temporarily limits access. We are not liable for any unavailability of the Services.

14Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR RESULT, INCLUDING ANY PERSONAL, EMOTIONAL, OR LIFE OUTCOME. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

15Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIFT UP LLC AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR WELL-BEING, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) $100. Some jurisdictions do not allow these limitations, so they may not fully apply to you.

16Indemnification

You agree to indemnify and hold harmless Shift Up LLC and its owners, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, Your Content, or your violation of these Terms or applicable law.

17Termination

You may stop using the Services and cancel your subscription at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms or if we reasonably believe it is necessary to protect the Services or others. Upon termination, your right to use the Services ends; sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, and disputes) will survive.

18Disputes & governing law

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules. The parties will first attempt to resolve any dispute informally and, if unresolved, through good-faith mediation. Any dispute not resolved by mediation will be settled by binding arbitration conducted in Utah County, Utah, except that either party may seek injunctive relief in court to protect intellectual property or confidential information. Confirm arbitration rules/administrator and any class-action waiver language with your attorney. You and Shift Up agree that disputes will be brought only in an individual capacity.

19Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the effective date above and, where appropriate, notify you. Your continued use of the Services after changes take effect means you accept the updated Terms.

20Contact

Questions about these Terms? Contact us at:

Shift Up LLC
7533 S Center View Ct Ste R, West Jordan, UT 84084
Email: [email protected]