Terms of Service

1. About Up Next

Up Next is an online service operated by its owner. By using Up Next, you agree to these Terms of Service (“Terms”). If you do not agree, do not use the service.

2. Eligibility

You must be at least 13 years of age to use Up Next. By using the service you represent that you meet this requirement. Participation in the sweepstakes requires you to be at least 18 years of age. See the Official Sweepstakes Rules for full eligibility details.

3. Your Use of the Service

Up Next is provided for personal, non-commercial use. You agree not to:

• Use automated tools, bots, or scripts to interact with the service
• Attempt to manipulate sweepstakes entries or player counts
• Reverse engineer, scrape, or copy any part of the service
• Use the service in any way that violates applicable law

4. Data Collection and Machine Learning

By using Up Next you grant the operator a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, aggregate, and create derivative works from your interaction data — including product selections, swipe patterns, and session data — for any purpose, including training machine learning models and developing commercial products or services.

This license survives termination of your use of the service.

5. Sweepstakes

Sweepstakes entry is governed by the Official Sweepstakes Rules, which are incorporated into these Terms by reference. In the event of a conflict between these Terms and the Official Sweepstakes Rules, the Official Sweepstakes Rules control.

6. Intellectual Property

All content, design, and code comprising Up Next is owned by or licensed to the operator. Nothing in these Terms grants you any ownership interest in the service.

7. Disclaimers

Up Next is provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The operator does not warrant that the service will be uninterrupted, error-free, or free of harmful components.

8. Limitation of Liability

To the fullest extent permitted by applicable law, the operator shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of Up Next. The operator's total liability to you for any claim arising out of or related to these Terms or the service shall not exceed ten dollars ($10.00).

This limitation applies regardless of the theory of liability — contract, tort, statute, or otherwise — and even if the operator has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain damages; in those jurisdictions liability is limited to the greatest extent permitted by law.

9. Dispute Resolution — Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights.

Informal resolution first. Before initiating arbitration, you agree to contact the operator at upnextpersonalization@gmail.com and give 30 days to resolve the dispute informally.

Binding arbitration. If the dispute is not resolved informally, you and the operator agree to resolve any claim arising out of or relating to these Terms or the service through final and binding individual arbitration, rather than in court. Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules, available at adr.org. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class action waiver. You and the operator agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding.

Opt-out right. You may opt out of this arbitration agreement by emailing upnextpersonalization@gmail.com within 30 days of first using the service with the subject line “Arbitration Opt-Out.” Opting out does not affect any other part of these Terms.

Small claims exception. Either party may bring an individual claim in small claims court instead of arbitration, provided the claim qualifies and remains in small claims court.

10. Changes to These Terms

The operator may update these Terms at any time. Continued use of Up Next after changes are posted constitutes acceptance of the updated Terms. Material changes will be communicated via the app.