Section 1 – Definitions
1.1 “UpTo”: refers to UpTo, the legal entity operating the Platform and providing the Services.
1.2 “Platform”: the UpTo mobile application, website, and any related digital environment through which Services are offered.
1.3 “Services”: all features, functionalities and tools made available by UpTo through the Platform, including but not limited to event creation, event participation, community interaction, and related support services.
1.4 “User”: any individual or entity that creates an Account or otherwise uses the Services. References to “User” in these Terms apply to both Private Users and Business Users unless explicitly stated otherwise.
1.5 “Private User”: a natural person using the Services for purposes wholly or mainly outside their trade, business, craft or profession.
1.6 “Business User”: a natural or legal person using the Services in the course of their trade, business, craft or profession.
1.7 “Account”: the personal or business registration created by a User in order to access and use the Services.
1.8 “Event”: any activity, gathering or occasion created, published or managed through the Platform.
1.9 “Event Organizer”: any User, whether a Private User or a Business User, who creates, publishes or manages an Event through the Platform.
1.10 “User Content”: all content, data, materials, information, images, event descriptions, or other material uploaded, submitted or otherwise made available on the Platform by a User.
1.11 “Terms”: this End-user License Agreement (“EULA”), including any future modifications or updates as described in Section 15.
1.12 “Notice”: a notification submitted to UpTo regarding allegedly illegal content or content otherwise in breach of these Terms, as described in Section 7.
1.13 “Content Moderation”: the processes, measures and actions taken by UpTo to review, restrict, remove, or otherwise intervene with respect to User Content in accordance with these Terms and applicable law.
1.14 “Pilot-Phase”: the initial testing and launch phase of the Platform during which functionalities may be limited, services may be adjusted or interrupted, and certain features such as paid subscriptions or premium services may not yet be available.
Section 2 – Scope & Acceptance
2.1 These Terms govern the relationship between UpTo and the User regarding the access to and use of the Platform and Services. These Terms apply to all use of the Platform and Services by Users, including both Private Users and Business Users.
2.2 By creating an Account and ticking the acceptance box during the registration process, the User enters into a legally binding agreement with UpTo and agrees to be bound by these Terms. If the User does not accept these Terms, no Account can be created and the Services cannot be used.
2.3 UpTo may amend these Terms from time to time as provided in Section 15. Continued use of the Platform after notification of an update constitutes acceptance of the amended Terms.
2.4 These Terms are drafted in English. Translations may be provided for convenience, but the English version shall prevail in case of discrepancies.
Section 3 – Eligibility & User Accounts
3.1 The Services are available only to individuals who are at least sixteen (16) years old. Certain Events may be restricted to individuals aged eighteen (18) years or older, either because alcohol or other age-restricted activities are involved, or because the Event Organizer has designated a minimum age of 18+. In such cases, Users must confirm during the registration for the Event, by means of an in-app confirmation box, that they are at least eighteen (18) years old. Event Organizers retain the right to deny entry if a User is found to have misrepresented their age.
3.2 To access the Services, Users must create an Account through the Platform. The account creation process is automated and requires:
a) entering a valid name and contact details (at minimum an email address and/or phone number);
b) choosing secure login credentials (such as a password, or authentication via a third-party provider);
c) confirming acceptance of these Terms by ticking the acceptance box during registration.
3.3 Users must provide accurate, complete and up-to-date information when creating and maintaining an Account. UpTo may suspend or terminate Accounts where false or misleading information is used.
3.4 Users are responsible for maintaining the confidentiality of their login credentials and for all activity occurring under their Account. Users must immediately notify UpTo of any unauthorized use of their Account.
3.5 Unless explicitly approved by UpTo, each User may only create and maintain one Account. Shared or transferred Accounts are not permitted.
3.6 Business Users creating an Account on behalf of a company or organization represent and warrant that they are authorized to act on behalf of that entity.
3.7 Users may delete their Account at any time using the account deletion functionality provided in the Platform. Such deletion constitutes termination of the User’s Account in accordance with Section 12. The deletion of personal data and the applicable retention periods are governed by the UpTo Privacy Policy.
Section 4 – Services Provided by UpTo & Pilot-Phase Limitations
4.1 UpTo provides access to the Platform, which enables Users to create, publish, manage and participate in Events. The Platform includes interactive functionalities such as:
· swiping through Events on the homepage;
· viewing which friends or contacts are attending specific Events;
· participating in Event-specific chat groups once registered for an Event;
· creating and maintaining a personal profile by uploading photos and personal information; and
· functionalities to facilitate registration, ticket purchases, event promotion and participation.
4.2 Event Organizers may offer tickets for Events directly through the Platform. The entire ticketing process takes place within the Platform, without redirecting Users to an external ticketing site. Ticket payments are processed through third-party payment service providers integrated into the Platform.
4.3 UpTo acts solely as an intermediary, providing the technical means for the publication, promotion, registration and ticketing of Events. Unless explicitly stated otherwise, UpTo is not a party to the agreement between Event Organizers and Users, and assumes no liability for the organization, modification, postponement or cancellation of Events.
4.4 For ticket sales processed through the Platform, UpTo charges the Event Organizer a commission. The applicable commission amount and payment terms will be transparently communicated to the Event Organizer during the ticket setup process.
4.5 During the Pilot-Phase, the Services are limited to the functionalities made available on the Platform at that time. Additional or premium functionalities may be introduced by UpTo at its sole discretion. Functionalities may be adjusted, temporarily interrupted or removed during this phase.
4.6 UpTo reserves the right to modify, expand, or discontinue parts of the Services at any time, provided that Users are informed of material changes as set out in Section 15.
Section 5 – User Obligations & Conduct
5.1 Users must use the Platform and Services in compliance with these Terms, applicable law, and generally accepted standards of conduct. All information provided through the Platform must be accurate, complete and not misleading.
5.2 Certain features of the Platform rely on third-party services (e.g. payment providers, mapping tools, authentication services). By using such features, Users agree to comply with the terms and conditions of those third-party services. UpTo does not control and is not responsible for these third-party services, which remain subject to their own terms and policies.
5.3 Users remain solely responsible for their own User Content. UpTo does not control or guarantee the accuracy, quality or legality of Content provided by other Users. While UpTo may moderate in accordance with Section 6 and 7, UpTo has no general obligation to monitor User Content and disclaims liability for the conduct, statements or materials of other Users.
5.4 UpTo is not a party to any offline arrangements, communications or activities between Users, including participation in Events. Users are responsible for exercising caution and good judgment when interacting with others both on the Platform and at Events. UpTo does not conduct background checks on Users, nor verify the truth or accuracy of statements made by Users.
5.5 Users may not, directly or indirectly:
a) upload, post, or share content that is illegal, harmful, defamatory, obscene, discriminatory or otherwise objectionable;
b) infringe or misappropriate intellectual property rights, privacy rights, or other rights of third parties;
c) disrupt or interfere with the proper functioning of the Platform, including by spreading malware, spam, or denial-of-service attacks;
d) extract, scrape, harvest, or otherwise collect data from the Platform for unauthorized or commercial purposes, whether manually or by automated means;
e) misrepresent identity, age or affiliation, or engage in fraudulent or deceptive practices;
f) use the Platform to solicit or collect sensitive personal data (such as health data or government IDs) beyond what is strictly necessary for participation in an Event;
g) use the Platform for any unlawful purpose, including export control violations or activities prohibited by applicable sanctions regulations.
5.6 Users agree to process any personal data obtained through the Platform solely for purposes of participating in Events, in compliance with applicable data protection laws. Users must protect such data against unauthorized access and delete it once it is no longer strictly necessary. Event Organizers in particular are responsible for providing appropriate notices, obtaining consents where required, and handling participant data lawfully.
5.7 Business Users must clearly identify themselves as acting in a professional capacity. They must comply with all obligations arising from consumer protection law, including transparency in ticket sales, refund policies and Event information.
5.8 UpTo continuously improves the Platform and may modify, expand, suspend or discontinue parts of the Services at any time. Material changes will be communicated as provided in Section 15. Users acknowledge that such modifications do not entitle them to compensation or damages.
Section 6 – User Content & Moderation
6.1 Users remain solely responsible for all content they upload, post, transmit or otherwise make available through the Platform (“User Content”). UpTo is not subject to a general obligation to monitor the information transmitted or stored, nor to actively seek facts or circumstances indicating illegal activity. Moderation activities are limited to targeted measures in accordance with these Terms and applicable law. Users remain solely responsible for their own User Content and interactions.
6.2 By uploading or sharing User Content, Users grant UpTo a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, store, reproduce, distribute, display and perform such User Con-tent in connection with the operation and provision of the Services.
6.3 Users represent and warrant that they hold all necessary rights to the User Content they upload or share and that such User Content does not infringe third-party rights or violate applicable law.
6.4 UpTo may use automated tools, including artificial intelligence systems, to monitor, filter and moderate User Content on the Platform, for example in group chats and event pages, to detect and limit illegal con-tent or content incompatible with these Terms.
6.5 Content Moderation measures applied by UpTo are conducted in a manner consistent with the Digital Services Act (EU Regulation 2022/2065), including the principles of proportionality, transparency and re-spect for fundamental rights.
6.6 In cases where User Content is restricted, modified or removed by UpTo, or access to such Content is disabled, Users will be informed of the decision and the main reasons for it, unless notification is not re-quired under applicable law.
6.7 UpTo shall publish, at least once per year, a clear and accessible report on its content moderation activities. This report shall include aggregated information on the number and type of Notices received, the average processing time, the measures taken (including removals and restrictions), and the use of automated tools in Content Moderation.
6.8 Where UpTo becomes aware of User Content that gives rise to serious criminal offences, including but not limited to terrorism-related content, child sexual abuse material, or other offences that create an imminent threat to life or safety, UpTo may notify the competent law enforcement or regulatory authorities and provide them with the necessary information to investigate and act.
Section 7 – Notice & Action Procedures
7.1 UpTo may impose restrictions on the use of the Platform in relation to User Content, including prohibitions on illegal content, harmful conduct, or content that violates these Terms.
7.2 Information about the policies, procedures, measures and tools used by UpTo for Content Moderation, including the use of automated tools, algorithmic decision-making, and human review, is made available in these Terms in clear, simple and unambiguous language and in a publicly accessible, user-friendly and machine-readable format.
7.3 Users and third parties may notify UpTo of allegedly illegal content or violations of these Terms through the in-app reporting functionality or other channels communicated by UpTo. Notices must contain sufficient information to enable UpTo to identify the content in question and to assess its lawfulness.
7.4 Upon receiving a notice, UpTo will review the report in a timely, diligent and proportionate manner, taking into account applicable law and fundamental rights. UpTo will make reasonable efforts to process and decide on such notices within forty-eight (48) hours of receipt.
7.5 Where UpTo restricts, removes, disables access to, or otherwise moderates User Content, the affected User will be informed without undue delay of the decision, the reasons for it, and the available remedies, unless notification is not required under applicable law.
7.6 Users have access to an internal complaint-handling system, which allows them to challenge decisions taken by UpTo with respect to Content Moderation. Complaints must be submitted through the in-app functionality or via the contact details set out in Section 17, within fourteen (14) days after receipt of the notification.
7.7 UpTo will review complaints without undue delay and in any event within fourteen (14) days of receipt. The complainant will be informed of the outcome and the reasons for it.
Section 8 – Event Creation
8.1 Both Private Users and Business Users may act as Event Organizers by creating, publishing and man-aging Events on the Platform.
8.2 Event Organizers are solely responsible for the accuracy, completeness and lawfulness of the information they provide when creating and publishing Events.
8.3 Event Organizers are solely responsible and liable for the organization, execution and safety of their Events, including compliance with applicable laws, regulations, permits and venue requirements.
8.4 By publishing an Event on the Platform, the Event Organizer represents and warrants that the Event can lawfully be held and that participation in the Event will not infringe the rights of third parties.
8.5 UpTo acts only as a technical intermediary in the publication and promotion of Events. Unless explicitly stated otherwise, UpTo is not a party to the agreement between Event Organizers and Users attending an Event, and accepts no liability for the organization, modification, postponement or cancellation of Events.
8.6 Where Users have purchased tickets through the Platform and the Event is subsequently cancelled, any claims for refunds or other remedies must be directed to the Event Organizer. UpTo shall not be liable for processing or guaranteeing such refunds, except for forwarding payments in accordance with Section 10.
8.7 Each Event includes an in-app chat environment through which Users registered for the Event may communicate. Event Organizers are responsible for moderating the Event-specific chat, while UpTo may also monitor or intervene in accordance with Section 6 and Section 7.
8.8 Event Organizers must respect the rights of Users, including age restrictions, ticketing conditions, and fair treatment of participants. Misuse of the Event creation functionality may result in suspension or termination of the Organizer’s Account under Section 12.
8.9 Event Organizers are solely responsible for the accuracy of the information they provide regarding their professional or business status, including but not limited to the existence of a valid company registration number, VAT number or other regulatory authorizations. UpTo does not verify such information and accepts no responsibility or liability if an Event Organizer incorrectly presents themselves as a Business User, fails to meet legal requirements for business activity, or otherwise misrepresents their legal status. Any claims, disputes or liabilities arising from such misrepresentation shall be directed exclusively to the Event Organizer.
Section 9 – Intellectual Property & License
9.1 All intellectual property rights in and to the Platform and the Services, including but not limited to software, code, design, trademarks, logos, and databases, are and remain the exclusive property of UpTo or its licensors.
9.2 Users are granted, upon creation of an Account, a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Platform and the Services for their personal or internal business purposes, strictly in accordance with these Terms. This license remains in force for the duration of the User’s Account and automatically terminates upon suspension or deletion of the Account, without the need for further notice.
9.3 Users may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or otherwise attempt to extract the source code of the Platform or any part thereof, except where expressly permitted by applicable law.
9.4 User Content uploaded or shared on the Platform remains the intellectual property of the respective User. By uploading or sharing such content, the User grants UpTo a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, host, store, reproduce, modify, distribute, and communicate such content for the purpose of operating, promoting and improving the Services, in accordance with these Terms.
9.5 Users represent and warrant that they hold all rights necessary to upload and share any User Content on the Platform, and that such User Content does not infringe any third-party rights, including intellectual property rights.
9.6 If a User or third party believes that User Content infringes their intellectual property rights, they may flag or report such content through the in-app reporting tools, in accordance with the Notice & Action procedures set out in Section 7.
9.7 UpTo respects third-party intellectual property rights and will promptly review and handle infringement notifications in line with applicable law and Section 7.
Section 10 – Subscriptions, in-app Payments & Payment Terms
10.1 During the Pilot-Phase of the Platform, UpTo does not offer paid subscriptions or premium features. UpTo reserves the right to introduce subscriptions or other paid features in the future, subject to amendments of these Terms in accordance with Section 15.
10.2 Event Organizers may sell tickets to Events directly through the Platform. For each ticket sold, the Event Organizer enters into a separate in-app agreement with UpTo at the time of Event creation, governing the applicable commission rate and payment terms.
10.3 UpTo collects payments for tickets sold on behalf of Event Organizers through the payment service provider integrated into the Platform. After deducting the agreed commission, UpTo will transfer the remaining balance to the Event Organizer within the timeframe communicated during the in-app agreement process.
10.4 In case an Event is cancelled, postponed, or substantially modified, Event Organizers remain solely re-sponsible for handling refund claims by Users. UpTo’s role is limited to forwarding payments already collected, and UpTo shall not be liable for guaranteeing or funding refunds.
10.5 Event Organizers authorize UpTo to deduct the applicable commission directly from ticket revenues before transferring funds. Commission rates and payment timelines are displayed transparently in the Event creation process and may vary depending on the category or type of Event.
10.6 All payments made through the Platform must be processed via the payment service provider integrated in the Platform. Users and Event Organizers agree to be bound by the terms and conditions of such payment service provider.
10.7 UpTo may withhold payments in cases of suspected fraud, illegal activity, or breach of these Terms, pending investigation.
10.8 Unless otherwise required by law, all payments are made in the currency indicated in the Event creation process. Users are responsible for any applicable taxes or charges related to ticket purchases, while Event Organizers are responsible for reporting and remitting any taxes associated with ticket revenues.
10.9 When selling tickets through the Platform, Event Organizers enter into a direct contractual relationship with the User. UpTo’s role is limited to acting as an intermediary in facilitating the listing, sale, and payment of tickets. UpTo is not a contracting party to the agreement between the User and the Event Organizer, and assumes no responsibility for the performance of the Event or any obligations arising therefrom.
10.10 Event Organizers may apply their own terms and conditions, including payment and refund policies, to participation in their Events. Such terms form a direct agreement between the Event Organizer and the User. UpTo is not responsible for the content or enforcement of such terms, but may require Event Organizers to make them accessible to Users prior to purchase.
10.11 After ticket purchase (and later: subscription), Users receive confirmation and key terms on a durable medium (email and/or downloadable PDF), including event details, price, organizer identity, refund/cancellation policy and contact details.
Section 11 – Privacy, Data Use & Security
11.1 The collection and processing of personal data in connection with the Services are governed by the UpTo Privacy Statement.
11.2 Users acknowledge and agree that certain data provided when creating and maintaining an Account, or when participating in Events, are necessary for the functioning of the Services.
11.3 Users remain responsible for the accuracy and lawfulness of any personal data or other information they provide to UpTo or share with other Users through the Platform.
11.4 UpTo implements appropriate technical and organizational measures to protect the security and confidentiality of data. Nevertheless, Users acknowledge that no online service can be guaranteed to be completely secure.
11.5 Users must take reasonable steps to protect their own Accounts and data, including by maintaining secure login credentials and promptly notifying UpTo of any suspected unauthorized access or breach.
Section 12 – Termination & Suspension
12.1 Users may terminate their Account at any time by using the account deletion functionality provided in the Platform. Termination will take effect immediately, unless outstanding obligations under these Terms remain.
12.2 UpTo may suspend or terminate a User’s Account, in whole or in part, with immediate effect, if:
a) the User breaches these Terms;
b) the User violates applicable law;
c) there are substantiated indications of fraud, abuse, or misuse of the Services;
d) it is necessary to comply with legal or regulatory obligations; or
e) the integrity, security or proper functioning of the Platform is at risk.
12.3 Before suspension or termination, UpTo will, where reasonably possible, provide prior notice and an opportunity for the User to respond. Where prior notice is not possible due to urgency, Users will be in-formed without undue delay after suspension or termination.
12.4 Suspension or termination of an Account will automatically result in termination of the license granted under Section 9.2.
12.5 In case of suspension, UpTo will reinstate access once the underlying issue is resolved, unless rein-statement would be unlawful or impossible.
12.6 Users may appeal decisions to suspend or terminate their Account by using the internal complaint procedure as described in Section 7.
12.7 Termination of an Account does not relieve Users from their obligations incurred prior to termination, including payment obligations.
Section 13 – Liability, Disclaimers & Indemnification
13.1 The Services are provided on an “as is” and “as available” basis (Pilot-Phase). UpTo makes no warranties, express or implied, regarding the availability, reliability, accuracy, or suitability of the Services for any particular purpose.
13.2 UpTo does not guarantee that Events published on the Platform will take place as described, nor does it endorse or assume responsibility for the conduct of Event Organizers or participants. Users acknowledge that participation in Events is at their own risk.
13.3 To the maximum extent permitted by law, UpTo shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, or reputational damage, arising from or related to the use of the Services.
13.4 UpTo’s total aggregate liability for any claim arising out of or relating to these Terms or the Services shall not exceed the greater of the total fees paid by the User to UpTo in the twelve (12) months preceding the event giving rise to liability.
13.5 Nothing in these Terms shall exclude or limit liability for death or personal injury caused by gross negligence or willful misconduct, or for any liability that cannot be excluded under applicable law.
13.6 Users are solely responsible for their interactions with other Users and with Event Organizers. UpTo disclaims any liability arising from disputes between Users or between Users and Event Organizers.
13.7 Users agree to indemnify, defend and hold harmless UpTo, its affiliates, officers, directors, employ-ees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reason-able legal fees) arising out of or related to:
a) User’s breach of these Terms;
b) User Content;
c) User’s participation in Events; or
d) violation of applicable laws or third-party rights.
Section 14 – Compliance with Law
14.1 Users must comply with all applicable laws and regulations when using the Services, including but not limited to consumer protection law, intellectual property law, privacy and data protection law, and public order regulations.
14.2 Event Organizers are solely responsible for ensuring that their Events comply with applicable local, national, and international laws and regulations, including permits, health and safety requirements, alcohol or age restrictions, and tax obligations.
14.3 Users acknowledge that access to and use of the Services may be subject to different laws depending on their jurisdiction. Users are responsible for determining and complying with the legal requirements applicable to their own use of the Services.
14.4 UpTo reserves the right to take appropriate measures, including suspension or termination of Ac-counts, where it becomes aware of unlawful conduct, in accordance with Section 12.
14.5 Nothing in these Terms shall be construed as permitting use of the Services in violation of applicable law.
Section 15 – Changes to the Terms
15.1 UpTo may amend these Terms from time to time to reflect changes in the Services, applicable law, or business practices.
15.2 Users will be notified of material amendments in advance, through the Platform or by other appropriate means of communication.
15.3 Unless otherwise required by law, amendments will take effect thirty (30) days after notification. Continued use of the Services after the effective date of the amended Terms constitutes acceptance of such amendments.
15.4 If a User does not agree to the amended Terms, they must discontinue use of the Services and may terminate their Account in accordance with Section 12.
15.5 For minor amendments that do not materially affect Users’ rights or obligations (such as editorial corrections, technical adjustments, or clarifications), UpTo may implement the changes without prior notice, provided that Users are informed thereafter.
Section 16 – Governing Law & Jurisdiction
16.1 These Terms and any disputes arising out of or relating to them, the Services, or the use of the Plat-form shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of laws principles.
16.2 If the User is a Private User, any dispute shall be submitted to the competent court of the Netherlands, without prejudice to mandatory provisions of consumer protection law that may grant the User the right to bring proceedings in their country of residence.
16.3 If the User is a Business User, any dispute shall be submitted exclusively to the competent court in Groningen, the Netherlands.
16.4 The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Section 17 – Contact Information
17.1 Users may contact UpTo with questions, complaints, or notices relating to these Terms or the Services using the following details:
· Company Name: UpTo
· Registered Address: Diephuisstraat 33A, 9714 GV, Groningen
· Email Address: contact@upptoapp.com
· Telephone Number: +31 6 23874428
· Chamber of Commerce (KvK) Registration Number: 98872923
· VAT Number (BTW-ID): NL868681258B01
17.2 UpTo may also provide in-app support and reporting tools as an additional means of communication.
17.3 For legal notices, service of process, or official correspondence, Users must use the registered address provided above.