Terms of Service
These terms are an agreement between you and The Design5 Company Inc. ("Design5", "we", "us") for your use of the Up4It mobile app, website and related services ("Up4It" or the "service"). By creating an account or using Up4It, you agree to these terms and to our Privacy Policy. If you don't agree, don't use Up4It.
1. Who can use Up4It
You must be at least 13 years old, and old enough to agree to these terms where you live. If you use Up4It on behalf of someone else, you confirm you're allowed to accept these terms for them. You're responsible for your account and for keeping your phone and phone number secure, since they are how you sign in, and for everything done through your account. If you lose or change your number, delete your account or contact us so someone else can't use it.
2. Your license to use the app
We give you a personal, non-exclusive, non-transferable, revocable license to install and use the Up4It app on devices you own or control, for your own non-commercial use, in line with these terms and the rules of the app store you got it from. We keep all rights in Up4It, its software, design and brand that aren't expressly given to you.
3. Using Up4It responsibly
- Invite only people you know who would expect to hear from you, and only share phone numbers you're allowed to share.
- Don't harass, threaten or impersonate anyone, send spam, or use Up4It for anything illegal.
- Don't post content you don't have the right to share, or content that is hateful, sexually explicit or violent.
- Don't try to get around security or limits, scrape or reverse-engineer the service, overload it, or access other people's accounts.
We may remove content or limit, suspend or close accounts that break these terms or put others at risk.
4. Your content
You own what you add to Up4It, such as plans, comments, replies and photos. You give us a worldwide, royalty-free license to host, store, copy, display and share that content with the people you choose to share it with, only to run, secure and improve the service. This license ends when you delete the content or your account, except for copies other members already received (for example, in a plan you shared with them) and short-lived backups.
If you send us feedback or ideas, we may use them without any obligation to you.
5. Meeting people
Up4It helps you make plans; it doesn't organize, supervise or vouch for them. You're responsible for your own safety and for the plans you make, attend or host. We don't screen members or plans and aren't responsible for what members do, online or in person.
6. SMS terms
- Program: Up4It verification codes.
- What you'll receive: a one-time code that confirms you own your phone number, sent only when you request it in the app to sign in, typically once per phone.
- Frequency: one message per request, at most 5 per day.
- Cost: Message and data rates may apply.
- Opt out: reply STOP to stop receiving messages. Reply HELP for help, or email admin@thedesign5.com.
- Carriers are not liable for delayed or undelivered messages.
- We never send marketing messages and never share your number for marketing. See our Privacy Policy.
Invitations you send to friends go from your own phone, through your own messaging app; you're responsible for those messages.
7. Third-party services
Up4It relies on services from other companies, such as Twilio for verification texts, Apple and Google for maps, places and notifications, and app stores for distribution. Your use of those services is governed by their own terms. Apple, Google and other app stores are not parties to these terms and have no responsibility for Up4It, but they are third-party beneficiaries of these terms and may enforce them.
8. Changes to Up4It, and ending the service
Up4It is a new and evolving product. We may change, add or remove features, limit availability, or suspend or permanently discontinue Up4It, in whole or in part, at any time and for any reason.
If we decide to shut Up4It down, we'll try to tell you in the app or by email at least 30 days in advance when we reasonably can. After the service ends, we will delete or anonymize personal information as described in our Privacy Policy. Up4It is free to use, and to the extent the law allows, we have no liability to you for changing or discontinuing it.
9. Changes to these terms
We may update these terms as Up4It evolves, for example when we add features or paid options, or when laws change. We'll post the updated terms here with a new effective date. If the changes are significant, we'll tell you in the app or by email before they take effect. If you keep using Up4It after the changes take effect, you accept the updated terms. If you don't agree, stop using Up4It and delete your account.
10. Ending your account
You can delete your account at any time in the app (Settings → Delete account). We may suspend or close your account if you break these terms, if required by law, or if we discontinue the service. Sections 4 (feedback), 5, 7 and 11 to 14 continue to apply after your account ends.
11. Disclaimers
Up4It is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don't promise that Up4It will be uninterrupted, secure, error-free or always available, or that content will be accurate or kept.
12. Limitation of liability
To the fullest extent the law allows, Design5 and its owners, partners and contractors are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost data, profits or goodwill, arising from or related to Up4It or these terms. Our total liability for any claim related to Up4It is limited to the greater of $100 or the amount you paid us in the 12 months before the claim. Some places don't allow these limits, so they may not all apply to you.
13. Indemnity
If you use Up4It in a way that breaks these terms or the law, and that leads to a claim against us, you agree to cover the losses and reasonable costs we incur because of it, to the extent the law allows.
14. General
- Governing law: these terms are governed by the laws of the State of New Jersey and applicable United States federal law, without regard to conflict-of-law rules. Any dispute will be heard in the state or federal courts located in New Jersey, unless the law where you live requires otherwise. Before filing a claim, please contact us so we can try to resolve the issue informally.
- Assignment: you may not transfer these terms. We may transfer them, for example as part of a merger, acquisition or sale of assets.
- Severability and waiver: if any part of these terms can't be enforced, the rest stays in effect. Not enforcing a term isn't a waiver of it.
- Entire agreement: these terms and the Privacy Policy are the whole agreement between you and us about Up4It.
15. Contact
The Design5 Company Inc. · thedesign5.com · admin@thedesign5.com