Terms of Service

These Terms of Service (“Terms”) are a binding legal agreement between you and Up4it that govern the right to use the websites, applications, and other offerings from Up4it (collectively, the “Up4it Platform”). When used in these Terms, “Up4it,” “we,” “us,” or “our” refers to the Up4it entity with whom you are contracting.

The Up4it Platform enables users (“Members”) to publish, search for, and join events. Members who publish events are “Organizers” and Members who search for, or join are “Participants.” Organizers offer activities, excursions, and events (“Moments”). As the provider of the Up4it Platform, Up4it does not own, control, offer or manage any Moments. Up4it is not a party to the contracts entered into directly between Organizers and Participants. Up4it is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Up4it’s role see Section 13.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Up4it payment entities (collectively “Up4it Payments”).

Participant Terms

1. Searching and Moment on Up4it

1.1 Searching

You can search for Moments by using criteria like the type, location and date of the Moment, and number of Participants. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like friends, proximity, availability, price, Organizer requirements (e.g. minimum or maximum age), and more. Learn more about search results in our Help Center.

1.2 Joining

When you join a paid Moment, you are agreeing to pay all charges for your moment including the Moment price, applicable fees like Up4it’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). If you choose to pay using a currency that differs from the currency set by the Organizer for their Moment, the price displayed to you is based on a currency conversion rate determined by us. You are also agreeing that Up4it via Up4it Payments may charge the Payment Method (as defined in the Payment Terms) used to join the Moment in order to collect Damage Claim (as defined in Section 14) amounts.

When you receive the join confirmation, a contract for a (“Reservation”) is formed directly between you and the Organizer. By making a Reservation you are agreeing to the terms of the contract. The terms of the contract include these Terms, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Moment or during checkout that apply to the Reservation. It is your responsibility to read and understand these terms of the contract including these Terms and all terms of the Reservation including all rules, standards, policies, and requirements prior to joining a Moment. Be aware that some Organizers work with a co-Organizer or as part of a team to provide their Moments.

1.3 Reservations for Moments and Other Organizer Moments

A Reservation entitles you to participate in, attend, or use that Organizer Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Organizer of any medical or physical conditions, or other circumstances that may impact your ability to participate or attend the Moment. Except where expressly authorized, you may not allow any person to join an Moment unless they are included as an additional participant during the joining process.

2. Cancellations, Reservation Issues, Refunds and Moment Modifications

2.1 Cancellations, Reservation Issues, and Refunds

In general, if you cancel a Reservation, the amount refunded to you is determined by the Organizer’s cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund under our Extenuating Circumstances Policy. If the Organizer cancels, or you moment a Reservation Issue (as defined in our Participate again and Refund Policy), you may be eligible for Participate again assistance or a partial or full refund under the Participate again and Refund Policy. Different policies apply to certain categories of Moments; for example Moments Reservations are governed by the Moments Participant Refund Policy. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation. You may appeal a decision by Up4it by contacting our customer service.

2.2 Moment Modifications

Participants and Organizers are responsible for any Moments modifications they agree to make via the Up4it Platform or direct Up4it customer service to make on their behalf (“Reservation Modifications”), and agree to pay any additional amounts, fees, or taxes associated with any Moments Modification.

3. Your Responsibilities and Assumption of Risk

3.1 Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Moments, all areas and facilities where the Moment is located that the Organizer and Participant are legally entitled to use in connection with the Moment (“Common Areas”), or any Moment. For example, this means: (i) you are responsible for leaving an Moment (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are joining with an additional Participant who is a minor or if you bring a minor to an Moment, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

3.2 Your Assumption of Risk

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Up4it Platform and any Content (as defined in Section 9), including your participation in any Moment, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate an Moment to determine whether it is suitable for you. For example, Moment may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Moments.

Organizer Terms

4. Organize on Up4it

4.1 Organizer

As an Organizer, Up4it offers you the right to use the Up4it Platform in accordance with these Terms to share your Moment, or other Organizer Service with our vibrant community of Participants - and earn money doing it. It’s easy to create an Moment and you are in control of how you Participant - set your price, availability, and rules for each Moment.

4.2 Contracting with Participants

When you accept a participation request, or receive a participation confirmation through the Up4it Platform, you are entering into a contract directly with the Participant, and are responsible for delivering the Organizer Service under the terms and at the price specified in your Moment. You are also agreeing to pay applicable fees like Up4it’s service fee (and applicable Participant taxes) for each Reservation. Up4it Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplemental contract with Participants must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Moment, and (ii) be prominently disclosed in your Moment description.

4.3 Independence of Participants

Your relationship with Up4it is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Up4it, except that Up4it Payments acts as a payment collection agent as described in the Payments Terms. Up4it does not direct or control your Moment, and you understand that you have complete discretion whether and when to provide Moments, and at what price and on what terms to offer them.

5. Managing Your Moments

5.1 Creating and Managing Your Moments

The Up4it Platform provides tools that make it easy for you to set up and manage an Moment. Your Moment must include complete and accurate information about your Moment, your price, and any rules or requirements that apply to your Participant or Moment. You are responsible for your acts or omissions as well as keeping your Moment information and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Moments and we suggest you carefully review policy terms and conditions including coverage details and exclusions.

5.2 Know Your Legal Obligations

You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Moments.In some places, the Moments you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Moment you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Participants and others in compliance with applicable privacy laws and these Terms, including our Participant Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

5.3 Search Results

The ranking of Moments in search results on the Up4it Platform depends on a variety of factors, including these main parameters:

• Organizer and Moment requirements (e.g. minimum or maximum age, language)

Search results may be different on our mobile application than on our website, and may also differ in the map view. Up4it may allow Organizers to promote their Moments in search or elsewhere on the Up4it Platform by paying an additional fee. More information about the factors that determine how your Moment appears in search results, our current promotional programs (if any), and how we identify promoted Content can be found in our Help Center.

5.4 Your Responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Moments. You are responsible for setting your price and establishing rules and requirements for your Moments.

5.5 Moment as a Team or Organization

If you work with a co-Organizer or Organizer as part of a team, business, or other organization, you are responsible and liable as a Organizer under these Terms for the acts and omissions of each entity and individual who participates in providing your Moments and you are responsible for informing personnel engaged by you to deliver any Moments of your obligations under these Terms. If you accept terms or enter into contracts with third parties, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions. If you instruct Up4it to transfer a portion of your payout to a co-Organizer or other Organizers, or send payments to someone else, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.

5.6 Your Assumption of Risk

You acknowledge that Organizing carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Up4it Platform, offering Moments, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Up4it Platform and any laws, rules, regulations, or obligations that may be applicable to your Moments and that you are not relying upon any statement of law made by Up4it.

6. Cancellations, Reservation Issues, and Moment Modifications

6.1 Cancellations and Reservation Issues

In general, if a Participant cancels a Reservation, the amount paid to you is determined by the cancellation policy that applies to that Reservation. As a organizer, you should not cancel on a Participant without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Participant without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Participant moments a Reservation Issue (as defined by the Participate again and Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a Reservation is canceled under Section 12 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Participant, and by any other reasonable costs we incur as a result of the cancellation. If a Participant receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Up4it exceeds your payout, Up4it (via Up4it Payments) may recover that amount from you, including by deducting the refund against your future payouts. You agree that Up4it’s Participate again and Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Participants. If we reasonably expect to provide a refund to a Participant under one of these policies, we may delay release of any payout for that Reservation until a refund decision is made. If you Organizer an Moment please note that the Moment Cancellation Policy, Moments Participant Refund Policy and different cancellation fees and consequences apply to your Reservations. See each Policy for details about what is covered, and what your payout will be in each situation.

6.2 Reservation Modifications

Organizers and Participants are responsible for any Moment Modifications they agree to make via the Up4it Platform or direct Up4it customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Moment Modification.

7. Taxes

7.1 Organizer Taxes

As an Organizer, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes”).

7.2 Collection and Remittance by Up4it

In jurisdictions where Up4it facilitates the collection and/or remittance of Taxes on behalf of Organizers, you instruct and authorize Up4it to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Up4it are identified to Members on their transaction records, as applicable. Up4it may seek additional amounts from Members (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by Up4it is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

7.3 Tax Information

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Up4it may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Organizer Services to facilitate accurate tax reporting.

General Terms

8. Content

Parts of the Up4it Platform enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Up4it a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote the Up4it Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Up4it pays for the creation of Content or facilitates its creation, Up4it may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Up4it the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Non-discrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Up4it may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Up4it does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.

9. Fees

Up4it may charge fees (and applicable Taxes) to Organizers and Participants for the right to use the Up4it Platform. More information about when service fees apply and how they are calculated can be found on our Fees page. Any applicable fees are disclosed to Participants before making an Moment. Except as otherwise provided on the Up4it Platform, service fees are non-refundable. Up4it reserves the right to change the service fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect Reservations made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2.

10. Up4it Platform Rules

11.1 Rules

• Act with integrity and treat others with respect.
• Do not scrape, hack, reverse engineer, compromise or impair the Up4it Platform.
• Only use the Up4it Platform as authorized by these Terms or another agreement with us.
• Honor your legal obligations.

10.2 Reporting Violations

If you believe that a Member, Moment or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Up4it. In addition, if you believe that a Member, Moment or Content has violated our Standards, you should report your concerns to Up4it. If you reported an issue to local authorities, Up4it may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.

10.3 Copyright Notifications

If you believe that Content on the Up4it Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

11. Termination, Suspension and other Measures

12.1 Term

The agreement between you and Up4i reflected by these Terms is effective when you access the Up4i Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

11.2 Termination

You may terminate this agreement at any time by sending us an email or by deleting your account. Up4i may terminate this agreement and your account for any reason by providing you 30 days notice via email or using any other contact information you have provided for your account. Up4i may also terminate this agreement immediately and without notice and stop providing access to the Up4i Platform if you breach these Terms, you violate our Additional Legal Terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Up4i, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

11.3 Member Violations

If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Up4i believes it is reasonably necessary to protect Up4i, its Members, or third parties; Up4i may, with or without prior notice:

• suspend or limit your access to or use of the Up4i Platform and/or your account;
• cancel pending or confirmed Reservations; or
• suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as Up4i determines in its sole discretion, you will be given notice of any intended measure by Up4i and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Organizer will be reduced by the amount we refund or otherwise provide to the Participant, and by any other costs we incur as a result of the cancellation.

11.4 Legal Mandates

Up4i may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.

11.5 Effect of Termination

If you are a Organizer and terminate your Up4i account, any confirmed booking(s) will be automatically canceled and your Participants will receive a full refund. If you terminate your account as a Participant, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Up4i Platform has been limited, or your Up4i account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Up4i Platform through an account of another Member.

11.6 Survival

Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 1 through 25.

12. Modification

Up4i may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Up4i Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the Up4i Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued use of the Up4i Platform will constitute acceptance of the revised Terms.

13. Up4it’s Role

We offer you the right to use a platform that enables Members to publish, offer, search for, and book Organizer Services. While we work hard to ensure our Members have great moments using Up4it, we do not and cannot control the conduct of Participants and Organizers. You acknowledge that Up4it has the right, but does not have any obligation, to monitor the use of the Up4it Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to:

1. operate, secure and improve the Up4it Platform (including for fraud prevention, risk assessment, investigation and customer support purposes);
2. ensure Members’ compliance with these Terms;
3. comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
4. address Content that we determine is harmful or objectionable;
5. take actions set out in these Terms; and
6. maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria.

Members acknowledge and agree that Up4it administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy) and Standards, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist Up4it in good faith, and to provide Up4it with such information and take such actions as may be reasonably requested by Up4it with respect to any investigation undertaken by Up4it regarding the use or abuse of the Up4it Platform. Up4it is not acting as an agent for any Member except for where Up4it Payments acts as a collection agent as provided in the Payments Terms.

14. Member Accounts

You must register an account to access and use many features of the Up4it Platform. You represent and warrant that you are not a person or entity barred from using the Up4it Platform under the laws, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Up4it if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

15. Disclaimer of Warranties

We provide the Up4it Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Participant, Organizer, Moments or third party; (ii) we do not warrant the performance or non-interruption of the Up4it Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Moments or Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member or Moment being “verified” (or similar language) indicate only that the Member or Moment or Up4it has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Up4it cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

16. Limitations on Liability

Neither Up4it (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Up4it Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Up4it Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Up4it Platform, or (iv) publishing or Participating of an Moment, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Up4it has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. Except for our obligation to transmit payments to Organizers under these Terms, or make payments under the Up4it Organizer Damage Protection, in no event will Up4it’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Members, or your use of or inability to use the Up4it Platform, any Content, or any Moments, exceed: (A) to Participants, the amount you paid as a Participant during the 12-month period prior to the event giving rise to the liability, (B) to Organizers, the amount paid to you as a Organizer in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100). These limitations of liability and damages are fundamental elements of the agreement between you and Up4it. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

17. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Up4it’s option), indemnify, and hold Up4it (including Up4it Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (ii) your improper use of the Up4it Platform, (iii) your interaction with any Member, participation in an Moment, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.