Terms of Service

These Terms of Service (“Terms”) describe the relationship between you (“you,” “customer”) and Up Next Marketing Inc., a business located in Wisconsin, United States, which operates the Up Next Apps service (“Up Next Apps,” “we,” “us,” or “our”).

By accessing or using our website and services, you acknowledge that these Terms will apply. However, contractual acceptance of any paid service must occur through an approved ordering process before paid services begin. Submitting a business inquiry or Get Started request does not by itself create a paid subscription, activate an app-builder account, or form a binding service agreement.

Status: This is a draft document prepared for business approval and legal review. It is not yet a finalized or binding agreement. The pricing, service limits, and certain commercial terms referenced here are proposed and remain subject to confirmation before publication.

Up Next Apps provides a mobile app-building platform together with professional mobile app development and management services. We offer three proposed service packages, each described below. The services actually provided to you are determined by the applicable order, your selected package, and the approved scope of work in any signed service agreement.

The proposed prices above are not finalized until approved. The applicable order or signed service agreement will define the confirmed prices, fees, service limits, billing cycle, and any customized arrangements that apply to you. Standard packages currently contemplate one app project unless a different arrangement is agreed in writing.

You must be an adult and, where applicable, authorized to act on behalf of your business or organization to enter into these Terms and purchase services. Where account-based access is available, you may be required to register, provide accurate information, keep credentials confidential, and authorize only appropriate users to access an account. You are responsible for activity conducted under your account.

Current status: Automated account registration and app-builder provisioning are not currently active. Submitting the Get Started form does not create an app-builder account. Account access, where applicable, will be provided through an approved process that is not yet implemented.

Current status: Live subscription billing is not currently active. The following are draft terms for when paid services become available.

When active, subscription billing may address:

• Recurring monthly subscription fees for the selected package
• Separate one-time onboarding, setup, or development fees
• Authorization of payment for recurring and one-time charges
• Billing dates, billing cycles, and renewal timing
• Consequences of failed or declined payments
• Plan changes, upgrades, and downgrades
• Applicable taxes
• Notice of any price changes

For review: Cancellation notice periods, refund eligibility, and specific billing commitments have not been finalized and are flagged in the Cancellation and Termination section. These are business decisions requiring approval before publication.

Where self-service builder access is included in your package, Up Next Marketing Inc. grants you a limited, non-exclusive, non-transferable right to access and use the app-building platform for the term of your active subscription and in accordance with these Terms. The platform is made available under license, not sold, and no ownership of the underlying software or technology is transferred to you.

We do not represent that Up Next Marketing Inc. developed the underlying app-building technology from scratch, and we do not make any claim of ownership over third-party technology that may support the platform. Your use of the platform is subject to any applicable usage limits, acceptable-use rules, and technical requirements associated with your package.

Professionally managed services (Managed App Launch and Growth App Concierge) are performed under an agreed scope of work. The scope typically addresses:

• Materials and information you provide, such as branding, content, logins, and other assets
• Initial setup, design, and configuration
• Feature configuration within the capabilities of your package
• Testing, review, and launch preparation
• Revision allowances within the agreed package
• Requests for additional work beyond the standard scope
• Major redesigns and work outside standard packages

For review: Exact revision allowances, turnaround expectations, and charges for additional work have not been finalized. These will be confirmed per package and in the applicable service agreement before paid services launch.

App publishing is subject to the requirements of Apple, Google, and other relevant platform providers. Customers may need to provide their own developer accounts, complete identity or business verification, supply required store-listing assets, and pay applicable platform fees.

We do not guarantee that any app will be approved by, or published in, the Apple App Store, Google Play, or any other store. Store approval, review timing, and distribution are controlled by the relevant platforms under their own policies. We do not promise automatic acceptance or immediate publication.

Some features rely on third-party integrations and services — for example, ecommerce platforms, payment processors, developer accounts, analytics tools, and premium functionality. Separate terms, conditions, and charges from those providers may apply, and you may be responsible for costs associated with third-party services you choose to connect.

Third-party services are governed by their own agreements, and we are not responsible for their availability, pricing, or practices. Apple and Google developer-account fees and applicable third-party charges are not included in our subscription pricing unless expressly stated in your final agreement.

Some app features may involve digital wallets, in-app payments, stored value, or other payment-related functionality. Where available, these features may rely on third-party payment processors, platform wallets, or store-mediated billing, each governed by its own terms and requirements.

Up Next Apps is not a bank, money-services business, or regulated financial institution, and we do not provide banking, lending, or payment-processing services directly. We do not represent that any payment, wallet, or financial feature is available, licensed, or compliant in any particular jurisdiction. Customers are responsible for understanding and complying with any legal, licensing, tax, or regulatory obligations that may apply to payment, wallet, or financial features they choose to enable.

For review: The availability, terms, and jurisdictional compliance of any payment, wallet, or regulated-activity feature require confirmation before being offered or described as supported.

This section distinguishes several categories of rights:

• Customer-owned materials — branding, logos, content, and assets you provide remain yours, and you are responsible for having the rights to use them.
• Platform and software — the app-building software and underlying platform are owned or licensed by their respective owners and made available under license, not transferred.
• Third-party technology — third-party components are governed by their own licenses.
• Project configurations — the specific configuration of your app is treated as your project data, subject to these Terms.
• Custom development — any separately contracted custom development deliverables will be addressed in a separate written agreement.

We do not grant ownership of, or unrestricted export rights to, proprietary platform code. You represent that any content you submit or connect to the services does not infringe the rights of any third party.

We respect intellectual-property rights and expect our customers to do the same. If you believe that content available through our services or a customer application infringes your copyright, you may submit a notice requesting its removal.

A copyright complaint should identify the copyrighted work claimed to have been infringed, locate the allegedly infringing material with enough detail for us to find it, include your contact information, and include a statement that you have a good-faith belief that the use is not authorized and that the information in the notice is accurate. We may remove or disable access to content in response to a valid notice, subject to applicable law and our review.

For review: A designated process and contact method for copyright notices will be confirmed before this document is published as final.

You agree not to misuse the website or services. This includes, without limitation:

• Using the services for any unlawful purpose
• Infringing the intellectual-property rights of others
• Attempting unauthorized access to systems, accounts, or data
• Submitting malicious, harmful, or deceptive content
• Interfering with the proper functioning of the platform or services
• Reverse engineering or scraping the platform beyond permitted use
• Reselling or sublicensing platform access without authorization

We may suspend or restrict access where we reasonably believe these rules have been violated, subject to applicable law.

We aim to provide reliable software and responsive service. However, we do not promise uninterrupted or error-free availability, and occasional maintenance, updates, or outages may occur. Support availability and managed-service obligations depend on your selected package and the agreed scope.

We do not commit to unlimited changes, specific response times, or service levels that have not been separately approved and documented. Standard packages currently contemplate one app project and do not include unlimited apps, AI usage, changes, notifications, storage, bandwidth, or custom development.

For review: The following cancellation and termination decisions have not been finalized and require business approval before this document is published:

• The cancellation procedure and how to submit a cancellation request
• Any required notice period before cancellation takes effect
• The effective date of a cancellation relative to a billing cycle
• Refund eligibility, if any
• When and how account access is terminated
• Whether your app remains available after cancellation and for how long
• Data export options available to you
• Data-retention periods after cancellation
• Handling of unpaid balances

No cancellation, refund, or termination commitment is made in this draft. These terms will be finalized and clearly disclosed before paid services are made available.

Separate from cancellation by a customer, we may suspend or terminate access to the services where we reasonably believe that these Terms have been violated, that the services are being misused, or that continued access creates legal, security, or operational risk. We may also suspend access for non-payment or during an unresolved billing dispute.

For review: The circumstances, notice, and effects of suspension and termination — including whether and how a customer may remedy a suspension — have not been finalized and require business approval before publication.

Service capabilities depend on available platform functionality, your selected package, and third-party platforms. Some features may be unavailable, limited, or subject to change, and results may vary based on how the services are used.

For review: Legally significant warranty disclaimers and limitations — including any implied warranties, fitness for a particular purpose, or guarantees of availability — require legal review and have not been finalized here.

Placeholder for legal review: Provisions addressing limitations of liability and any indemnification obligations have not been drafted in final form. Aggressive liability exclusions or broad indemnification requirements will not be inserted until they have been reviewed and approved.

This section will address, in measured terms, how liability may be allocated between the parties and under what circumstances, if any, indemnification may apply. Final language is pending.

For review: The governing law, venue, and dispute-resolution procedures have not been finalized. These decisions require legal review and should reflect that Up Next Marketing Inc. is located in Wisconsin, United States.

No arbitration clause or specific dispute procedure is adopted in this draft. Final provisions will be added once reviewed.

We may update these Terms from time to time. When material changes are made, we intend to communicate them appropriately and update the effective date displayed on this page, subject to applicable law and any existing agreements with active customers.

An effective date will be displayed once this draft is approved and published as final.

These Terms, together with any applicable order, signed service agreement, and package description, form the understanding between you and Up Next Marketing Inc. regarding the Up Next Apps services. Where a signed service agreement or confirmed order conflicts with these Terms, the terms of that signed agreement or order generally control with respect to the services it covers.

If any provision of these Terms is found to be unenforceable, the remaining provisions continue in effect to the extent permitted by applicable law.

For questions about these Terms of Service, please contact Up Next Apps using the details below. The contact block at the bottom of this page lists our current verified contact information.