Terms of Service

Agreement to these terms

These Terms of Service govern access to and use of Upward, including heyupward.com, Upward accounts, celebration pages, invitations, RSVPs, activity gifts, partner storefronts, reservations, wallet and reimbursement features, support channels, and related services.

By creating an account, signing in with Google or another supported method, creating or joining a celebration, sending or receiving an activity gift, making a purchase, applying as a partner, using a partner storefront, or otherwise using Upward, you agree to these Terms and to the Upward Privacy Policy.

If you use Upward on behalf of a family, child, organization, partner, venue, or business, you confirm that you have authority to do so and that you will comply with these Terms.

Who may use Upward

Upward is intended for adults, parents and guardians, invited guests, gift givers, and authorized partner representatives. Children may not create accounts or use Upward directly without a parent or guardian managing the account and experience.

Parents and guardians are responsible for child-related information they add to Upward, for deciding whether an invitation, activity gift, reservation, reimbursement, or partner interaction is appropriate for their family, and for obtaining any permissions needed from co-guardians or other responsible adults.

Partners are responsible for ensuring that representatives who access Upward on their behalf have appropriate authority and that partner content, offerings, prices, schedules, policies, waiver links, and operational instructions are accurate and lawful.

Accounts, authentication, Google, and Clerk

Users must provide accurate account information and keep it current. Users are responsible for maintaining the confidentiality of their account credentials, devices, sessions, invitation links, and any actions taken through their account.

Upward uses Clerk for authentication and account management. Where Google sign-in is available, users may choose to authenticate with a Google account. Google and Clerk are third-party services with their own terms and policies, and users must comply with those terms when using those services.

Upward may suspend, restrict, or terminate access if we believe an account is inaccurate, unauthorized, compromised, abusive, fraudulent, unlawful, creates risk for users or partners, or violates these Terms.

Celebrations, invitations, and user content

Users may create, upload, submit, or share celebration details, RSVP information, guest notes, photos, memories, messages, partner context, listing content, receipt documentation, and other content. Users are responsible for content they provide and must have the rights and permissions needed to provide it.

Users may not upload or share content that is unlawful, abusive, harassing, misleading, discriminatory, invasive of privacy, infringing, exploitative, unsafe for children, or otherwise inappropriate for a family service.

By submitting content to Upward, users grant Upward a limited right to host, store, copy, display, process, transmit, and use that content as needed to operate, secure, support, improve, and provide the service. Users retain ownership of their content subject to the rights granted here.

Activity gifts, wallet value, and reimbursements

Activity gifts are intended to support real child activities such as lessons, camps, classes, sports, arts, music, museums, indoor play, and similar child-focused experiences. They are not intended for groceries, rent, gas, adult-only purchases, general retail, or unrelated spending.

Upward may review receipt images, booking confirmations, enrollment records, or other documentation before approving a reimbursement or release of activity gift value. Approval is not automatic. Upward may reject, request more information, reverse, or delay a reimbursement if documentation is incomplete, inconsistent, ineligible, suspicious, or outside the intended use of the gift.

Unused activity gift value may be reviewed for refund or other handling according to the product flow, payment processor rules, applicable law, and the facts of the specific transaction. Once value has been applied, reimbursed, transferred, or used, it may no longer be refundable.

Partner offerings and reservations

Partners may use Upward to present offerings, celebration packages, venue space, activities, passes, memberships, services, or other family-focused options. Partners are responsible for the accuracy, legality, availability, safety, fulfillment, and quality of their own offerings and services.

Upward may provide technology for storefronts, reservations, payments, invitations, RSVP coordination, guest context, waiver routing, permitted follow-up, and support. Unless explicitly stated in a specific flow, Upward is not the activity provider, venue operator, childcare provider, medical provider, transportation provider, or seller of a partner's own services.

Partner cancellations, refunds, waivers, venue rules, capacity limits, safety requirements, and service-specific policies may apply in addition to these Terms. Users should review partner information before booking, attending, purchasing, or sharing guest details.

Payments, Stripe, refunds, and taxes

Payments on Upward may be processed by Stripe or another supported payment provider. By making or receiving payments through Upward, users and partners agree to comply with the applicable payment provider's terms, identity verification, risk controls, chargeback processes, and account requirements.

Prices, fees, taxes, processing charges, refund eligibility, payout timing, and currency handling may vary by feature, partner, jurisdiction, transaction type, and payment provider. Upward may correct pricing or availability errors, cancel suspicious transactions, and apply fraud-prevention controls.

Users and partners are responsible for taxes, reporting, permits, licenses, and legal obligations that apply to their own purchases, sales, payouts, reimbursements, services, and business activities.

Third-party services and links

Upward may integrate with or link to third-party services such as Google, Clerk, Stripe, Resend, Vercel, Supabase, Cloudflare, OpenRouter for optional AI-assisted partner tools, partner websites, maps, calendars, email providers, analytics tools, and support tools. Third-party services are governed by their own terms, privacy policies, availability, and security practices.

Upward is not responsible for third-party websites, services, content, outages, account decisions, payment holds, platform policies, or actions outside Upward's reasonable control.

Acceptable use

Users may not misuse Upward, interfere with service security, attempt unauthorized access, scrape or harvest data, submit false information, impersonate others, abuse invitations or messaging, evade payment or fraud controls, move transactions outside protected flows to avoid safeguards, or use Upward for unlawful, harmful, deceptive, or exploitative activity.

Users may not use Upward to collect unnecessary sensitive information about children or guests, publish private information without permission, send spam, infringe intellectual property rights, or create content that could harm families, children, guests, partners, or Upward.

Service changes and availability

Upward may add, change, suspend, discontinue, or limit features, partners, offerings, flows, policies, eligibility, pricing, or availability at any time. We may perform maintenance, address security issues, enforce limits, or modify the service to improve reliability, safety, compliance, or user experience.

We aim to keep Upward reliable, but we do not guarantee that the service will be uninterrupted, error-free, secure against every risk, or available in every location or for every requested use.

Disclaimers and limitation of liability

Upward is provided on an as-is and as-available basis to the fullest extent permitted by law. Upward does not make warranties about partner services, venue conditions, activity quality, event outcomes, guest behavior, third-party services, uninterrupted availability, or the suitability of any activity, reservation, reimbursement, or gift for a specific child or family.

To the fullest extent permitted by law, Upward will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost data, lost goodwill, service interruption, third-party conduct, partner performance, or user content, even if Upward has been advised of the possibility of those damages.

Nothing in these Terms limits liability that cannot be limited under applicable law.

Indemnity

To the extent permitted by law, users and partners agree to defend, indemnify, and hold harmless Upward from claims, losses, liabilities, damages, costs, and expenses arising from their content, misuse of the service, violation of these Terms, violation of law, infringement of rights, partner offerings, business activities, or disputes with other users, guests, gift givers, recipients, partners, or third parties.

Governing law and disputes

These Terms are governed by the laws of British Columbia and the applicable federal laws of Canada, without regard to conflict of law rules.

Before starting a formal dispute, please contact hello@heyupward.com so we can try to resolve the issue. If a dispute cannot be resolved informally, the courts located in British Columbia, Canada will have jurisdiction unless applicable law requires a different forum.

Changes to these terms

Upward may update these Terms as the service, law, security requirements, payment flows, partner workflows, or business needs change. We will update the effective date when changes are made and provide additional notice when appropriate.

Using Upward after updated Terms become effective means the updated Terms apply to later use of the service.