Terms of Service for UpNext

Effective Date: March 1, 2026
Last Updated: February 22, 2026

1. Acceptance of Terms

Welcome to UpNext. These Terms of Service ("Terms") govern your access to and use of the UpNext mobile application and related services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

Age Requirements:

• Contestants: You must be at least 18 years old to compete as a Contestant
• Voters: You must be at least 13 years old to vote
• Users between 13-17 must have parental or guardian consent
• By using the Service, you represent that you meet these age requirements

Account Restrictions:

• You may only create one account
• You must provide accurate and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account

3. User Roles

3.1 Voters

As a Voter, you agree to:

• Cast votes honestly and not engage in vote manipulation
• Not create multiple accounts to inflate vote counts
• Not use automated tools or bots to cast votes
• Respect the 10 free votes per day limit
• Purchase additional votes only through official in-app purchases

3.2 Contestants

As a Contestant, you agree to:

• Submit only original content that you own or have rights to use
• Provide accurate information in your profile
• Not impersonate others or misrepresent your identity
• Comply with content guidelines (see Section 5)
• Accept that your profile, photos, and videos will be publicly visible
• Understand that vote counts do not guarantee prizes
• Not solicit votes through fraudulent means

4. Account Registration

Role Selection and Restrictions:

• Your role (Contestant or Voter) is selected during account creation
• Role switching is prohibited during an active season
• A Voter may upgrade to Contestant status, but may NOT vote after becoming a Contestant
• Once you become a Contestant, you cannot revert to Voter status for the remainder of that season
• Role changes take effect at the start of the next season

Account Security:

• You must keep your password secure
• Notify us immediately of any unauthorized access
• We are not liable for losses due to unauthorized use of your account

5. Content Guidelines

5.1 Prohibited Content

You may not submit content that:

• Contains nudity, sexual content, or pornography
• Promotes violence, hatred, or discrimination
• Harasses, bullies, or threatens others
• Infringes on intellectual property rights
• Contains spam, scams, or fraudulent schemes
• Violates any applicable laws or regulations
• Promotes illegal drugs or activities
• Contains malware or harmful code

5.2 Content Ownership and License

Your Content:

• You retain ownership of content you submit
• By submitting content, you grant UpNext a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display your content in connection with the Service
• This license continues even if you delete your account, for content that has been shared or integrated into the Service

Our Content:

• All Service content, design, logos, and trademarks are owned by UpNext
• You may not copy, modify, or distribute our content without permission

6. Voting and Competitions

Voting Mechanics:

• Each Voter receives 10 free votes per 24-hour period
• Votes reset daily at midnight UTC
• Additional votes can be purchased through in-app purchases
• Season Pass grants unlimited votes for the duration of a season

Competition Rules:

• Voting periods are defined by season start and end dates
• Winners are determined by total vote count at season end
• UpNext reserves the right to disqualify any Contestant or Voter for Terms violations or for any reason UpNext deems necessary
• Prizes (if any) are awarded at UpNext's discretion
• Vote counts may be adjusted to remove fraudulent votes
• Disqualification decisions are final and not subject to appeal

No Guarantee of Prizes:

• Participation does not guarantee prizes or rewards
• Prize eligibility and amounts are determined by UpNext
• Taxes on prizes are the responsibility of the winner

7. In-App Purchases

Payment Terms:

• All purchases are processed through Apple App Store or Google Play Store
• Prices are displayed in your local currency
• All sales are final and non-refundable except as required by law

Vote Packages:

• $0.99 - 10 votes
• $3.99 - 100 votes
• $7.99 - Unlimited votes for current season (Season Pass)

Refund Policy:

• Refunds are handled by Apple or Google according to their policies
• Contact Apple/Google support for refund requests
• UpNext may issue refunds at its discretion for technical issues

8. Prohibited Conduct

You agree NOT to:

• Violate any laws or regulations
• Infringe on others' intellectual property rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service
• Use the Service for commercial purposes without permission
• Scrape, crawl, or collect user data
• Impersonate others or misrepresent your affiliation
• Engage in vote manipulation or fraud
• Harass, abuse, or harm other users
• Circumvent any security features
• Reverse engineer or decompile the app

9. Intellectual Property

Trademarks:

• "UpNext" and related logos are trademarks of UpNext
• You may not use our trademarks without written permission

Copyright:

• All Service content is protected by copyright
• If you believe your copyright has been infringed, contact us at admin@theupnext.app with:
  • Description of the copyrighted work
  • Location of the infringing material
  • Your contact information
  • A statement of good faith belief
  • A statement of accuracy under penalty of perjury
  • Your physical or electronic signature

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

11. Disclaimers

AS IS" BASIS:

• The Service is provided "as is" and "as available"
• We make no warranties, express or implied
• We do not guarantee uninterrupted, secure, or error-free service

NO WARRANTIES:

• We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement
• We do not warrant that the Service will meet your requirements
• We do not warrant the accuracy or reliability of any content

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• UpNext shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid to us in the past 12 months, or $100, whichever is greater
• This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory

Exceptions:

• Some jurisdictions do not allow limitation of liability for personal injury or certain damages
• In such jurisdictions, our liability is limited to the maximum extent permitted by law

13. Indemnification

You agree to indemnify, defend, and hold harmless UpNext, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another
• Your content submitted to the Service

14. Termination

By You:

• You may delete your account at any time through app settings
• Deletion is permanent and cannot be undone

By Us:

• We may suspend or terminate your account at any time for:
  • Violation of these Terms
  • Fraudulent activity
  • Abusive behavior
  • Legal requirements
  • Any other reason at our discretion
• We may terminate the Service entirely with 30 days' notice

Effect of Termination:

• Your right to use the Service immediately ceases
• We may delete your account and content
• Provisions that should survive termination will remain in effect

15. Dispute Resolution

Governing Law:

• These Terms are governed by the laws of the State of Florida, United States
• Disputes shall be resolved in the courts of Orange County, Florida

Arbitration Agreement:

• Any dispute shall be resolved through binding arbitration
• You waive your right to a jury trial
• You waive your right to participate in a class action lawsuit

Exceptions:

• Small claims court disputes
• Intellectual property disputes
• Injunctive relief requests

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the app
• Sending you an email notification
• Displaying a prominent notice

Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

17. General Provisions

Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

Waiver: Our failure to enforce any right or provision does not constitute a waiver.

Assignment: You may not assign these Terms. We may assign these Terms without restriction.

Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and UpNext.

Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

Contact Information: For questions about these Terms, contact us at admin@theupnext.app.

18. Contact Us

Email: admin@theupnext.app
Legal: admin@theupnext.app
DMCA: admin@theupnext.app
Support: admin@theupnext.app

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By using UpNext, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

For App Store Submission:

• Terms of Service URL: https://upnext.app/terms
• This document must be hosted on a publicly accessible webpage before submission