Terms of Service for UpMatch

Last Updated: April 3, 2025

Welcome to UpMatch! These Terms of Service ("Terms") govern your access to and use of the UpMatch mobile application (the "App") and related services, including profile analysis and optimization suggestions (collectively, the "Services"), provided by UpMatch ("we," "us," or "our").

Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy available at https://upmatch.app/privacy-policy. If you do not agree to these Terms, do not access or use our Services.

1. Description of Services

UpMatch provides tools and suggestions designed to help users optimize their online dating profiles. Our Services may include analyzing profile content (text, photos), providing feedback, generating suggestions, and offering guidance based on common practices in online dating. UpMatch is an optimization tool and is NOT a dating service. We do not offer matching services, facilitate communication between users on dating platforms, or guarantee any specific outcomes on third-party dating apps or websites.

2. Eligibility

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you meet this age requirement, that you have the legal capacity to enter into these Terms, and that all information you provide is accurate and truthful. You are responsible for ensuring your use of the Services complies with all applicable local, state, national, and international laws and regulations.

3. User Accounts

  • Account Creation: You may need to register for an account to access certain features. You may be able to create an account using email and password or through third-party services like Google or Apple. If using a third-party service, you authorize us to access and use certain account information from that service as permitted by them and described in our Privacy Policy.
  • Account Responsibility: You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.
  • Account Termination: You may terminate your account at any time through the App's settings or by contacting us. We reserve the right to suspend or terminate your account at any time, without notice, for conduct that we believe violates these Terms or is otherwise harmful to us, other users, or third parties.

4. User Content

  • Your Content: You are solely responsible for the information, text, photos, and other content you upload, submit, or display on or through the Services ("User Content"). This includes ensuring that your User Content is accurate and up-to-date.
  • License Grant: By submitting User Content, you grant UpMatch a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, analyze, display, and distribute your User Content solely for the purpose of operating, providing, developing, and improving the Services. This license allows us to analyze your profile data and photos to provide optimization suggestions. This license ends when you delete your User Content or your account, except to the extent your content has been shared with others and they have not deleted it, or for residual copies stored in our backup systems for a limited period.
  • Content Rights: You represent and warrant that you own or have the necessary rights and permissions to submit your User Content and to grant the license described above, and that your User Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
  • Prohibited Content: You agree not to submit User Content that: is illegal, fraudulent, defamatory, obscene, pornographic, threatening, harassing, hateful, racially or ethnically offensive; promotes violence or illegal activities; contains viruses or harmful code; or infringes upon the rights of others. We reserve the right to remove any User Content that violates these Terms.

5. User Conduct

You agree not to engage in any of the following prohibited activities:

  • Using the Services for any illegal purpose or in violation of any laws.
  • Copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping."
  • Using any automated system (robots, spiders, etc.) to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.
  • Attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services.
  • Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Uploading invalid data, viruses, worms, or other software agents through the Services.
  • Impersonating another person or otherwise misrepresenting your affiliation with a person or entity.
  • Interfering with the proper working of the Services.
  • Accessing any content on the Services through any technology or means other than those provided or authorized by the Services.
  • Bypassing the measures we may use to prevent or restrict access to the Services.

6. Intellectual Property Rights

Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "UpMatch Content"), and all Intellectual Property Rights related thereto, are the exclusive property of UpMatch and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights.

7. Third-Party Links and Services

The Services may contain links to third-party websites or services (including dating apps and platforms) that are not owned or controlled by UpMatch. We rely on third-party providers like Supabase, Google, Apple, and Vercel to provide aspects of our Services. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.

8. Disclaimers

  • NO GUARANTEE OF RESULTS: UPGRADE PROVIDES PROFILE OPTIMIZATION SUGGESTIONS BASED ON GENERAL PRINCIPLES AND ANALYSIS. WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE EFFECTIVENESS OF OUR SUGGESTIONS OR YOUR SUCCESS ON ANY DATING PLATFORM. WE DO NOT GUARANTEE THAT USING OUR SERVICES WILL RESULT IN MORE MATCHES, DATES, RELATIONSHIPS, OR ANY PARTICULAR OUTCOME. RESULTS VARY BASED ON INDIVIDUAL PROFILES, EFFORT, AND THE DATING PLATFORMS USED.
  • SERVICE PROVIDED "AS IS": THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  • USER RESPONSIBILITY: YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF YOUR DATING PROFILES ON THIRD-PARTY PLATFORMS AND FOR YOUR INTERACTIONS WITH OTHER INDIVIDUALS ON THOSE PLATFORMS. UPGRADE IS NOT RESPONSIBLE FOR YOUR CONDUCT OR THE CONDUCT OF OTHERS ON ANY DATING PLATFORM.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPGRADE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL UPGRADE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPGRADE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL UPGRADE'S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE LAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (USD $100.00), WHICHEVER IS GREATER.

10. Indemnification

You agree to defend, indemnify, and hold harmless UpMatch and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) User Content or any content that is submitted via your account; or (vi) any other party's access and use of the Services with your unique username, password, or other appropriate security code.

11. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect, such as by posting a notice within the App or updating the "Last Updated" date. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of Portugal, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the courts located in Portugal for any actions for which we retain the right to seek injunctive or other equitable relief. [Consider adding an Arbitration Clause if desired and legally appropriate under Portuguese law].

13. Contact Information

If you have any questions about these Terms, please contact us at: niklas@upmatch.net

14. Miscellaneous

These Terms, together with any amendments and any additional agreements you may enter into with UpMatch in connection with the Services, shall constitute the entire agreement between you and UpMatch concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and UpMatch's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.