Welcome to UpScrolled! At UpScrolled, we’re building a space based on three principles for our UpScrollers: you can connect safely, share freely, and build community on your own terms. These Terms of Service (“Terms”) are meant to do just that. Please read these Terms carefully. These Terms are a legally binding agreement. See you on UpScrolled! 

These Terms explain how you may access and use the UpScrolled platform, including our website, mobile applications, and related services (collectively, the “Services”). The Services are operated by UpScrolled B.V., doing business as UpScrolled (“UpScrolled,” “we,” “our,” or “us”).

By creating an account, accessing the Services, or continuing to use the platform, you agree to these Terms. If you do not agree to these Terms, you should stop using the Services. These Terms operate together with our Privacy Policy, Community Guidelines, and any additional policies that apply to certain features (“Supplemental Terms”).

We have a worldwide user base. Therefore, we may translate these Terms into other languages. In the case of any discrepancies or inconsistencies, this English language version of the UpScrolled Terms of Service shall prevail.

Questions regarding these Terms may be directed to: support@upscrolled.com. 

Your Relationship With UpScrolled

UpScrolled is a platform that allows people to create, share, and interact with content online. We do not review content before it appears on the platform. However, we may review, remove, or restrict content or accounts when necessary to enforce our policies, protect users, or comply with legal obligations. The Services operate by providing tools that allow users to publish and discover user-generated content. In general:

• users create and publish their own content;
• users control what they share with others;
• UpScrolled provides the technical infrastructure for hosting and distribution; or
• UpScrolled may take action when content violates policies or applicable law.

Changes to These Terms

We may update these Terms as the platform evolves or legal requirements change. If you do not agree with the updated Terms, you can choose to stop using the Services. When updates occur:

• significant changes will be communicated to you via email and through the Services 
• the “Last Updated” date will be revised;
• updates may take effect immediately unless stated otherwise; and
• continued use of the Services means you accept the updated Terms.

Eligibility

You must be at least 16 years old to use the Services, or meet the minimum age required by the laws in your country. Users under the age of 16 may not create accounts or access the platform. If we discover that an account belongs to a user under 16, we may remove the account and associated data. Parents or guardians may contact: safety@upscrolled.com if they believe a minor has used the platform. We may use age assurance measures, such as age verification tools, self-declaration, or activity patterns, to identify users who may be under 16. Details of how these measures operate may be set out in our Privacy Policy.

Your Account

To access most features of the platform, you must create an account. You are responsible for maintaining the security of your account and the activity that occurs under it. You must always provide accurate information to UpScrolled and maintain the accuracy of the information associated with your account. We may assume that any communications we’ve received from your account or the associated contact information have been made by you. You agree to:

• provide accurate information when registering;
• keep your account credentials secure; 
• update your account information when it changes; 
• notify us if you suspect unauthorised access; and
• comply with these Terms and platform policies.

UpScrolled may modify or reclaim usernames where necessary to:

• prevent impersonation;
• address intellectual property conflicts;
• comply with legal requirements; or
• protect the integrity of the Services.

What You Can Expect From Us

UpScrolled puts people back in control of their social media experience. We are built on a simple principle: platforms should serve people, not the other way round. We believe in giving people more control, freedom from manipulation, and the ability to speak freely and trust that their voice will be heard. This comes with an understanding that in order for those things to happen here, safety and well-being must be a commitment to our users. Over time, we may introduce, discontinue or alter features and services if we find they fail to uphold our principles, no longer align with our safety standards, or pose potential risks to our users in certain areas or to the broader community. We are committed to transparent communication throughout this process, ensuring that any changes to the platform are clearly explained. 

If our platform experiences any disruptions, we are not liable for any damage or harm that occurs. When using the Services, you can generally expect that we will:

• provide tools for sharing and discovering content;
• maintain reasonable safeguards for platform reliability and security;
• enforce platform policies when necessary;
• provide mechanisms for reporting harmful content; and
• continue improving the Services as technology evolves.

What We Expect From You

Using the platform responsibly helps keep the community safe and functional. Additional behavioral standards are described in our Community Guidelines. Our services include some content that belongs to us, such as the design of our apps and websites, our art and images, and content written by us. You may use our software as outlined in these terms. You may only use our trademarks and copyrights as permitted with our prior written permission. We retain all intellectual property rights in our content. When using the Services, you agree NOT to:

• violate applicable laws;
• infringe intellectual property rights;
• impersonate individuals or organisations or brands;
• distribute malicious software;
• manipulate platform systems or engagement metrics;
• harass or abuse other users; or
• use the platform for fraudulent or deceptive activities.

We welcome feedback on our services.You can provide your feedback to: support@upscrolled.com. 

Content You Create and Share

UpScrolled allows users to publish posts, images, videos, and other materials (“User Content”). You retain ownership of the content you create. You represent that you have the rights necessary to publish your content. 

In order to operate and improve the Services, when you publish content on the platform, you grant UpScrolled a worldwide, non-exclusive, royalty-free license to host, reproduce, distribute, display, and modify the content as necessary. This license allows UpScrolled to:

• display your content to other UpScrollers;
• enable sharing and interaction features;
• process content through moderation systems;
• ensure technical compatibility across devices and formats,
• offer you improved platform functionality.

You don’t have any obligation to add content to the services. If you choose to add content to the services, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licenses in this section of these terms, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others’ use of your content.

We reserve the right to block, remove, and/or permanently delete your content if we determine it is in breach of these terms, our Community Guidelines, our other policies, or any applicable law or regulation, or if it creates risk for UpScrolled.

Our services might also provide you with access to other people’s content. You may not use this content without that person’s consent, or as allowed by law. Other people’s content is theirs and doesn’t reflect UpScrolled’s own views. UpScrolled doesn’t endorse or verify the accuracy or reliability of content shared by UpScrolled users. We work hard to keep our commitments to UpScrollers to be a trusted and inclusive space. You agree we will not be liable for any harm caused by your or other people’s content. You may report content that you think violates any of our policies by emailing us. We may review such reports and take appropriate action at our discretion.

Verified Accounts

UpScrolled offers verification, which allows users to display a blue checkmark on their profile to confirm their identity. Verification is currently managed through a request process. UpScrolled retains final approval over all verification decisions and may grant, deny, or revoke verified status at our discretion. Verified status may also be removed if your account breaches these Terms or our Community Guidelines.

Platform Liability and Hosting Status

UpScrolled operates as a provider of hosting services for user-generated content. Users are responsible for the content they create and share. We do not proactively monitor all user content, except where required by law, however, we maintain active moderation processes to address harmful material. We rely on community reports and our moderation team to identify issues, and we take appropriate action to protect our users and comply with legal obligations. Our commitment is to balance legal compliance with our duty to the safety and trust of our users. UpScrolled does not assume responsibility for the legality or accuracy of user-generated content. Consistent with intermediary protections under applicable laws, including but not limited to the EU Digital Services Act, UpScrolled:

• does not actively monitor all user activity;
• does not pre-screen all content before publication;
• may remove or restrict unlawful content when notified;
• may enforce platform policies in good faith; or
• may cooperate with law enforcement when required by law, with a valid legal process.

Term & Termination

You are always in control of your account. If you decide to stop using the platform, you can do so at any time, for any reason, without restriction. To terminate this agreement, you may delete your UpScrolled account through the Settings page in the UpScrolled app and discontinue use of the services. Certain provisions of these terms will survive termination as outlined below in the “Survival” section.

Survival

Any part of these Terms that needs to remain in effect after your account is closed or these Terms end will continue to apply. This includes, but is not limited to:

• our rights to retain and display certain data;
• any amounts owed will remain due;
• any indemnification obligations (as applicable) such as those listed under the “Indemnity” section;
• any disclaimer of warranties;
• any applicable limitation of liability, such as those under the “Limitation of Liability” section; and 
• any dispute resolution provisions.

Moderation and Enforcement

UpScrolled may take action when content or behavior violates these Terms or platform policies. Our moderation is human-led. We may use automated tools to assist with detection, but we are committed to ensuring that final decisions are made by people, except where automated action is required by applicable law. Possible actions include:

• removing content;
• issuing warnings;
• temporarily suspending accounts; or
• permanently terminating accounts.

Users who repeatedly post content that is manifestly illegal may be suspended or permanently banned from the platform. The right to appeal set out in the Appeals section below applies to any such action.

Appeals

We value transparency and work hard to give you context for the decisions we make. You can appeal any enforcement action we take under these terms or other policies, including terminations, suspensions, or content removals through this form or available in-app options. If you reside in the European Union, your appeal must be submitted within six months of the day the relevant decision has been notified to you.

Platform Abuse and Manipulation

Users may not manipulate the platform or deceive other users. Examples include:

• coordinated inauthentic activity;
• deceptive networks of accounts;
• artificial engagement manipulation;
• engage in election interference;
• organised harassment campaigns; or
• attempts to disrupt democratic or civic processes.

Automated Access and Data Scraping

Unauthorised automated access to the platform is prohibited. Users may not:

• scrape platform content;
• collect data using automated tools;
• build datasets from platform content;
• train AI systems using platform data; or
• access restricted areas of the platform.

EU Digital Services Act Compliance

For all users, including those located in the European Union, UpScrolled operates in accordance with the EU Digital Services Act (“DSA”). This includes:

• mechanisms for reporting illegal content — you can report suspected illegal content or content that otherwise breaches these Terms or our Community Guidelines using the in-app reporting tools or by contacting us at safety@upscrolled.com;
• transparency regarding moderation decisions;
• access to appeals procedures;
• cooperation with trusted flaggers; or
• disclosures regarding recommendation systems where required.

UpScrolled does not allow any illegal content on the platform. This includes terrorism content, child sexual exploitation and abuse content, and other priority illegal content. We take steps to protect users from such content, including through our Community Guidelines, content reporting tools, and enforcement actions described in these Terms. Details of the specific categories of illegal content prohibited on UpScrolled are set out in our Community Guidelines.

UpScrolled does not use algorithmic recommendation systems. Content on UpScrolled is not curated, or personalised by automated systems.

Complaints

If you disagree with a moderation decision we have made, including the removal of your content, a restriction placed on your account, or a suspension or ban, you can raise a complaint with us by emailing us at support@upscrolled.com. We will acknowledge your complaint and aim to respond within 3 days. This internal complaints process is separate from, and does not affect, your right to appeal under the Appeals section or your right to out-of-court dispute settlement under the Resolving Disputes section.

Your Legal Rights

If UpScrolled fails to comply with these Terms, including by unlawfully removing your content or suspending or terminating your account in breach of these Terms, you may have the right to bring a claim for breach of contract against us. Nothing in these Terms limits any statutory rights you may have under applicable law.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UPSCROLLED, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS. WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN JURISDICTIONS WHERE THE BELOW TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR MATERIAL BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

Indemnity

To the fullest extent permitted by law, you will indemnify and hold UpScrolled and its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our services or third-party services, (b) your content, (c) your violation of these Terms, or (d) your negligence or willful misconduct.

Service Availability

UpScrolled may modify, suspend, or discontinue all or part of the Services at any time.  We may also limit availability of the Services in certain regions or to certain users if required for legal, security, or operational reasons.

No Professional Advice

Content available on the Services is provided for informational and entertainment purposes only. UpScrolled does not provide legal, medical, financial, or other professional advice. Users should not rely on content available through the Services as a substitute for professional advice. You are responsible for evaluating the accuracy and usefulness of any information obtained through the platform.

Governing Law

These Terms are governed by the laws of the Netherlands. Disputes may be resolved in the courts of Amsterdam, unless consumer protection laws require otherwise.

If you are a consumer residing in the European Union, this clause and these Terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the services and/or these terms shall be submitted to the exclusive jurisdiction of the court of Amsterdam, the Netherlands or, if you are a consumer, to a court in your domicile if in an EU Member State.

Reporting Claims of Copyright Infringement

For users in the European Union, notices may be submitted pursuant to the EU Digital Services Act and applicable national copyright laws, and must include sufficiently precise and adequately substantiated information to enable us to identify and assess the allegedly infringing content. If you are located in another jurisdiction, you may submit a notice pursuant to any other applicable copyright laws in your jurisdiction, provided that your notice contains substantially similar information sufficient for us to identify the copyrighted work and the allegedly infringing material. If you fail to comply with the applicable statutory requirements, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to UpScrolled for certain costs and damages under applicable law.

Additional Terms Applicable to Mobile Devices 

The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) or any system developed by Apple Inc. (“Apple”). 

• You acknowledge that these Terms are concluded solely between us, and not with Apple. UpScrolled, not Apple, is solely responsible for this iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
• Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service.
• Maintenance and Support. You and UpScrolled acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of UpScrolled. However, UpScrolled has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
• Product Claims. You and UpScrolled acknowledge that as between Apple and UpScrolled, UpScrolled, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, UpScrolled, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
• Developer Name and Address. Any questions, complaints, or claims with respect to the iOS App should be directed to: Keizersgracht 391 A, 1016EJ Amsterdam, Netherlands. 
• Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Services. 
• Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

The following terms apply if you install, access, or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):

• You acknowledge that these Terms are between you and us only, and not with Google. 
• Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. 
• Google has no obligation or liability to you with respect to our Android App or these Terms.
• Google is a third-party beneficiary to the Terms as they relate to our Android App.

Resolving Disputes

If a dispute arises between you and UpScrolled, we encourage you to contact us first so we can attempt to resolve the issue informally (“Informal Dispute Resolution”). Before initiating legal proceedings, you agree to attempt to resolve disputes through informal discussions. To begin this process, you must send a written notice to: disputes@upscrolled.com. Your notice (“Written Notice”) should include:

• your name and contact information;
• the email address associated with your account;
• a description of the dispute; and
• the outcome you are requesting.

Both parties agree to attempt good-faith resolution for 60 days before starting formal legal proceedings. During this period:

• legal deadlines may be paused where permitted by law;
• both parties will attempt negotiation in good faith; and
• either party may propose alternative dispute resolution.

This Informal Dispute Resolution process, including your personal participation in the meet and confer is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. You and UpScrolled (the “Parties”) agree that any applicable statute of limitations period and filing fees or other deadlines will be tolled while the Parties engage in this Informal Dispute Resolution process. The Parties further agree that whether a complaining Party has satisfied the requirements of this Informal Dispute Resolution process, including whether a Written Notice was properly submitted or contained all required information, is an issue that can be decided by a court as a prerequisite to arbitration.

If you reside in the European Union, you may also be entitled to submit your complaint to the Out-of-Court Dispute Settlement (“OCDS”) mechanism under DSA Article 21. Note that a submission via the OCDS mechanism alone, without submitting a Written Notice to disputes@upscrolled.com will not toll the applicable statutes of limitations or other deadlines. No action, regardless of form, arising out of or relating to a Dispute may be brought by either Party more than one (1) year after the cause of action has accrued.

Class Action Waiver

To the extent permitted by law, disputes must be brought on an individual basis. You agree not to bring claims as part of: a class action; a collective action; a representative action; or a mass arbitration proceeding.

Arbitration (United States & Canada Users)

‍IF YOU’RE A U.S. OR CANADIAN RESIDENT YOU ALSO AGREE TO THE FOLLOWING “AGREEMENT TO ARBITRATE” WHICH CONTAINS MANDATORY ARBITRATION PROVISIONS.  PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

Agreement to Arbitrate

After completing the Informal Dispute Resolution process described in these Terms, and only if the dispute is not resolved through those efforts, either party may initiate binding arbitration as the sole method of resolving disputes, except where prohibited by law or where the exceptions below apply. The arbitrator may grant any relief available in court under applicable law or equity and may impose sanctions for frivolous claims or bad-faith participation consistent with applicable arbitration rules. 

This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act (FAA). Unless otherwise stated in the exceptions below, the arbitrator, and not any federal, state, or local court, has exclusive authority to resolve:

• disputes arising out of or relating to these Terms or the Services;
• whether a claim is subject to arbitration;
• disputes concerning the interpretation or enforceability of this arbitration agreement; and
• disputes relating to arbitration administration or fees.

Arbitration Providers and Rules

Arbitrations will follow the applicable provider’s rules in effect when the arbitration is filed. Arbitration will be administered by the following providers depending on the circumstances:

• ADR Services, Inc. for California residents or arbitrations involving California claimants;
• National Arbitration and Mediation (NAM) for residents of other U.S. states; and
• ADR Services if NAM is unavailable.

These rules exclude procedures that permit class or representative arbitration. If the amount in dispute is $10,000 or less, arbitration may be conducted solely based on written submissions unless the arbitrator determines a hearing is necessary. The arbitrator’s decision will be final and binding. The decision must be issued in writing and may be enforced in any court of competent jurisdiction.

A good-faith dispute regarding arbitration fees does not constitute a breach of this arbitration agreement. Arbitration fees are determined according to the applicable arbitration provider’s rules. In general:

• if UpScrolled initiates arbitration, UpScrolled will pay the filing fees;
• if you initiate arbitration, fees will be determined by the provider’s rules;
• each party is responsible for its own attorneys’ fees unless otherwise required by law or the arbitration rules; or
• the arbitration provider may adjust administrative fees where appropriate.

Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to: disputes@upscrolled.com within 30 days of creating your account or accepting these Terms. If you opt out: you will not be required to arbitrate disputes; UpScrolled will not be bound by the arbitration agreement with respect to your claims; or all other Terms will remain in effect.

Changes to the Arbitration Agreement

If UpScrolled makes material changes to this arbitration agreement: we will provide notice at least 30 days in advance; changes will apply only to claims not yet filed; or continued use of the Services after the notice period constitutes acceptance of the updated arbitration terms.