Terms of Service
Last updated: February 10, 2026
Welcome to upNEXTly ("we," "us," or "the Platform"). By accessing or using our website and services, you agree to be bound by these Terms of Service and any applicable laws. If you do not agree, do not use the Platform. The content and materials on the Platform are protected by applicable intellectual property laws.
1. License to Use the Service
We grant you a limited, non-exclusive, revocable right to access and use the Platform for its intended purpose—creating and managing boards, voting, subscribing, and viewing content—in accordance with these Terms. This is a license, not a transfer of ownership. The license ends automatically if you breach these Terms or when we terminate your access. You may not use the Platform for any purpose other than as permitted here.
2. Nature of Service
upNEXTly provides a platform that allows account holders ("creators" or "businesses") to create boards where visitors can suggest ideas, vote, react to updates, and subscribe for notifications. We do not create, control, or endorse any content posted by users. We are a neutral platform; all content and conduct are the sole responsibility of the users who post or interact with it.
3. No Responsibility for User Actions or Content
We are not responsible for any user actions, content, or conduct. All interactions—including but not limited to votes, suggestions, comments, updates, and communications—occur between visitors and the board owners (creators or businesses). Any dispute, claim, or controversy arising from or relating to such interactions is solely between those parties. We are not a party to any such dispute and have no obligation to mediate, resolve, or intervene. Users use the Platform at their own risk.
4. Relationship Between Users
The relationship between board owners and their audience (visitors, voters, subscribers) is strictly between them. We do not guarantee the accuracy, legality, or quality of any user-generated content. We do not verify the identity or intentions of users. Any agreements, promises, or commitments made between users are not binding on us and are not our responsibility.
5. Acceptable Use and Restricted Conduct
You agree to use the Platform lawfully and in good faith. You must not:
- Use the Platform for any illegal purpose or in violation of any applicable law.
- Send spam, unsolicited messages, or engage in phishing or other deceptive practices.
- Post or share content that is illegal, harmful, abusive, defamatory, infringing, or that contains nudity, pornography, graphic violence, or promotes criminal activity.
- Harass, impersonate, or threaten others.
- Use the Platform solely to manipulate search rankings, create artificial backlinks, or for other abusive or automated misuse.
We reserve the right to remove content and suspend or terminate accounts that we believe violate these terms or harm the Platform or other users, with or without prior notice.
6. Intellectual Property and DMCA
You retain ownership of content you post. By posting, you grant us a license to use, display, and store it as needed to operate the Platform. You represent that you have the right to post such content. If you believe content on the Platform infringes your copyright, please contact us with a valid DMCA notice. We may remove infringing content and terminate repeat infringers. We are not responsible for user-posted content that may infringe third-party rights; liability for such content lies with the user who posted it.
7. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL CONTENT. WE DO NOT WARRANT THAT ANY MATERIALS, CONTENT, OR INFORMATION ON THE PLATFORM ARE ACCURATE, COMPLETE, OR CURRENT; WE MAY CHANGE OR REMOVE CONTENT WITHOUT NOTICE. WE ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, OR HARM ARISING FROM YOUR USE OF THE PLATFORM OR FROM ANY USER CONTENT OR USER CONDUCT.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR THESE TERMS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD $100), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM PERMITTED BY LAW.
9. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of the Platform, your content, your conduct, or any dispute between you and another user. This obligation survives termination of your account and these Terms.
10. Third-Party Links
The Platform or user content may contain links to websites or services we do not operate. We do not endorse and are not responsible for the content, privacy practices, or availability of those sites. Your use of third-party links is at your own risk.
11. Use of Your Name or Brand
We may wish to identify you as a user of the Platform (for example, on our website or in marketing materials). We will not use your name, logo, or trademarks for such purposes without your permission or beyond what you have agreed to. If we do use them and you later ask us to stop, we will make good-faith efforts to discontinue that use in a reasonable time.
12. Changes and Termination
We may change these Terms at any time by posting an updated version on this page. Your continued use of the Platform after changes constitutes acceptance of the updated Terms. We may suspend or terminate your access at any time, with or without cause or notice. Upon termination, your right to use the Platform ceases immediately.
13. Pricing and Plan Changes
We reserve the right to change our pricing, plans, and features at any time. This includes the right to modify or discontinue paid plans, change subscription fees, and adjust the scope or limits of the free tier (including, for example, the number of active ideas or other usage limits). We may apply such changes to new subscriptions or renewals; where required by law, we will give you advance notice of material price increases. Continued use of the Platform after pricing or plan changes constitutes acceptance of those changes.
14. General
These Terms constitute the entire agreement between you and us regarding the Platform. If any provision is held invalid, the remainder remains in effect. Our failure to enforce any right does not waive that right. These Terms are governed by the laws of the United States and the state in which we operate, without regard to conflict of law principles. You agree that any dispute arising from these Terms or the Platform will be resolved in the courts of that state or in the federal courts sitting there, and you consent to the personal jurisdiction of those courts.