Terms of Service

1.1 Acceptance of Terms

These Terms constitute a legally binding agreement between you and UpMatch (operated by Niklas Mencke, "we," "us," or "our"). By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1.2 Age Requirement and Verification

You must be at least 18 years old to use UpMatch. We verify age during onboarding by requiring your birthdate. By using the Service, you represent and warrant that:

• • You are at least 18 years of age
• • Your provided birthdate is accurate and truthful
• • You have the legal capacity to enter into these Terms
• • You are not prohibited from using the Service under applicable laws
• • All registration information you submit is truthful and accurate

Providing false age information is grounds for immediate account termination.

1.3 Modification of Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or in-app notification at least 30 days before taking effect. Continued use of the Service after changes constitute acceptance of the modified Terms.

2.1 What UpMatch Is

UpMatch is a personal coaching tool that provides:

• • AI-powered analysis of dating profile photos
• • Personalized recommendations for profile improvement
• • Photo categorization and scoring
• • Holistic profile composition analysis
• • Educational content about dating profile optimization

2.2 What UpMatch Is NOT

UpMatch explicitly does NOT provide:

• • Dating or matchmaking services
• • Communication between users
• • Guaranteed matches, dates, or relationships
• • Professional photography services
• • Personal dating coaching or counseling
• • Integration with third-party dating platforms

3.1 Account Creation

To use UpMatch, you must create an account using either:

• • Email and password
• • Third-party authentication (Google, Apple)

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for:

• • Maintaining the confidentiality of your account credentials
• • All activities that occur under your account
• • Immediately notifying us of any unauthorized use
• • Ensuring no one else uses your account

We are not liable for any loss or damage from your failure to comply with these security obligations.

3.3 Account Termination

You may delete your account at any time through the app settings. We reserve the right to suspend or terminate accounts that:

• • Violate these Terms
• • Engage in fraudulent or illegal activity
• • Harm or may harm other users or our Service
• • Have been inactive for more than 12 months

4.1 Your Content

"User Content" means any photos, text, or other materials you upload to UpMatch. You retain ownership of your User Content, but you grant us specific rights to use it.

4.2 Content License

By uploading User Content, you grant UpMatch a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

• • Store, process, and analyze your content using AI
• • Display your content back to you with analysis results
• • Use your content to improve our AI models (in anonymized form)
• • Create derivative works (analysis results, recommendations)

This license ends when you delete your content or account, except for anonymized data used for service improvement.

4.3 Content Requirements

You represent and warrant that:

• • You own or have rights to all User Content you upload
• • Your User Content does not violate any third-party rights
• • You have consent from any identifiable persons in photos
• • Your User Content is not false, misleading, or deceptive
• • You are the person depicted in the photos (not impersonating)

4.4 Prohibited Content

You must NOT upload content that:

• • Contains nudity, sexual content, or is sexually suggestive
• • Is illegal, fraudulent, or deceptive
• • Infringes intellectual property rights
• • Contains malware, viruses, or harmful code
• • Promotes violence, discrimination, or illegal activities
• • Violates the privacy or publicity rights of others
• • Contains images of minors
• • Is defamatory, threatening, or harassing

4.5 Content Moderation

We reserve the right to:

• • Remove content that violates these Terms
• • Refuse to process inappropriate content
• • Report illegal content to authorities
• • Terminate accounts for repeated violations

Note: While we prohibit inappropriate content, we do not currently employ automated content moderation before processing. Users are responsible for ensuring their content complies with these Terms.

5.1 Misuse the Service

• • Use the Service for any illegal purpose
• • Upload photos of others without their explicit consent
• • Impersonate any person or entity
• • Create multiple accounts to bypass limitations
• • Share accounts with others
• • Use the Service to stalk, harass, or harm anyone
• • Upload content for commercial purposes without permission

5.2 Interfere with the Service

• • Attempt to gain unauthorized access to any portion of the Service
• • Reverse engineer, decompile, or disassemble the Service
• • Use automated systems (bots, scrapers) to access the Service
• • Interfere with or disrupt the Service or servers
• • Bypass any measures to limit access to the Service
• • Attempt to probe, scan, or test vulnerabilities
• • Access the Service through unauthorized third-party apps

5.3 Violate Others' Rights

• • Violate any third party's privacy or publicity rights
• • Collect or store personal data about other users
• • Use the Service to send spam or unsolicited communications
• • Infringe any patent, trademark, copyright, or other proprietary rights

6.1 Free Tier

UpMatch offers limited free features:

• • 3 single photo analyses
• • 1 holistic profile analysis
• • Basic features and recommendations

Device Limits: Free tier usage is limited per device to prevent abuse. Creating multiple accounts to bypass these limits violates these Terms and may result in permanent ban.

6.2 Premium Subscription

Premium subscriptions provide:

• • Unlimited photo analyses
• • Unlimited holistic profile analyses
• • Priority processing
• • Advanced AI insights
• • Historical analysis access

6.3 Billing

• Subscriptions are billed through your app store (Apple App Store or Google Play Store)

• Prices may vary by region and are subject to change

• Subscriptions auto-renew unless canceled before the renewal date

• Taxes may apply based on your location

6.4 Cancellation

• Cancel anytime through your app store subscription settings

• Access continues until the end of the current billing period

• No partial refunds for unused time

6.5 Refunds

• Refunds are subject to app store policies

• We do not provide refunds for used services

• Technical issues may qualify for refunds at our discretion

• Contact niklas@upmatch.net for refund requests

7.1 Our Property

All rights, title, and interest in and to the Service, including:

• • Software, algorithms, and AI models
• • User interface, design, and graphics
• • Logos, trademarks, and brand elements
• • Content we create (articles, guides, tips)
• • Analysis methodologies and scoring systems

are owned by UpMatch and protected by intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes in accordance with these Terms.

7.3 Restrictions

You may not:

• • Copy, modify, or create derivative works of the Service
• • Sell, rent, lease, or sublicense the Service
• • Use our trademarks without permission
• • Remove any proprietary notices or labels

7.4 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property and may be used without compensation or attribution to you.

8.1 Third-Party Providers

We use third-party services to operate UpMatch:

• • Clerk: Authentication services
• • Convex: Database and file storage
• • Google Gemini: AI analysis
• • RevenueCat: Subscription management
• • PostHog: Analytics
• • Vercel: Hosting services

8.2 Third-Party Terms

Your use of third-party services is subject to their terms and privacy policies. We are not responsible for third-party services' practices or content.

8.3 Dating Platforms

UpMatch is independent from all dating platforms. We do not have partnerships with, endorsements from, or access to any dating apps or websites. Your use of dating platforms is entirely separate from our Service.

9.1 "AS IS" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" 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.

9.2 No Guarantee of Results

WE DO NOT WARRANT OR GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WE DO NOT GUARANTEE THAT THE SERVICE WILL IMPROVE YOUR DATING SUCCESS, RESULT IN MATCHES, OR LEAD TO RELATIONSHIPS.

9.3 Service Availability

We do not guarantee that the Service will be:

• • Uninterrupted or error-free
• • Secure or free from viruses
• • Accurate or reliable
• • Meeting your requirements or expectations

9.4 AI Limitations

AI analysis is subjective and may not reflect actual dating preferences. Results are based on general patterns and may not apply to your specific situation.

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPMATCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• • Loss of profits or revenue
• • Loss of data or content
• • Emotional distress or mental anguish
• • Loss of dating opportunities
• • Reputational damage

10.2 Cap on Liability

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE PAST SIX MONTHS OR (B) $100 USD.

10.3 Essential Purpose

These limitations apply even if we have been advised of the possibility of such damages and even if any remedy fails its essential purpose.

10.4 Jurisdictional Limitations

Some jurisdictions do not allow certain warranty exclusions or liability limitations, so some of the above may not apply to you.

12.1 Governing Law

These Terms are governed by the laws of Portugal, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2 Informal Resolution

Before filing any legal claim, you agree to try to resolve disputes informally by contacting us at niklas@upmatch.net. We'll try to resolve disputes informally for 60 days after notification.

12.3 Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration in accordance with Portuguese arbitration law, except you may assert claims in small claims court if eligible.

12.4 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH US ONLY ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

12.5 Injunctive Relief

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

13.1 Data Processing

We process personal data in accordance with applicable data protection laws, including GDPR for European users and CCPA for California residents.

13.2 International Transfers

Your information may be transferred to and processed in countries other than your own. By using the Service, you consent to such transfers.

14.1 Termination by You

You may terminate your account at any time by:

• • Using the account deletion feature in the app settings
• • Contacting us at niklas@upmatch.net

14.2 Termination by Us

We may suspend or terminate your account immediately if:

• • You breach these Terms
• • We are required to by law
• • We discontinue the Service
• • Your account has been inactive for 12+ months
• • You engage in fraudulent or illegal activity

14.3 Effect of Termination

Upon termination:

• • Your right to use the Service ceases immediately
• • We may delete your account and User Content
• • You remain liable for any outstanding payments
• • Provisions that should survive termination will remain in effect

14.4 Survival

The following sections survive termination: User Content licenses (to the extent content was shared), Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and UpMatch regarding the Service and supersede all prior agreements.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15.6 Notice

Notices to you may be made via email, in-app notification, or posting to the Service. Notices to us must be sent to niklas@upmatch.net.

15.7 Export Controls

You may not use or export the Service in violation of applicable export laws and regulations.