Terms of Service

Effective Date: May 14, 2025

Last Updated: May 14, 2025

Welcome to UPNEX, a platform operated by UP HIGH LLC (“UPNEX,” “we,” “us,” or “our”), based in Arizona, United States. These Terms of Service (“Terms”) govern your access to and use of our websites, services, and platforms (collectively, the “Services”). By accessing or using our Services, you agree to these Terms. If you do not agree, you may not use the Services.

1. Eligibility

By using UPNEX, you affirm that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Description of Services

UPNEX is a software platform designed for entertainers and their fans. We provide tools to entertainers (the “Artists”) for audience engagement, event promotion, marketing automation, and data analysis. Fans may browse artist content and interact with certain features, but do not pay UPNEX directly.

3. Artist Subscriptions and Billing

Artists must subscribe to access premium tools and features.
Subscription fees are billed via Stripe and are subject to recurring charges
unless canceled prior to the billing cycle. All fees are non-refundable unless
otherwise stated.

4. No Ticket Sales or Guarantees

UPNEX does not sell event tickets directly to fans, nor do we guarantee service uptime or availability. Artists are solely responsible for any ticketing, refunds, or event outcomes promoted through their UPNEX profiles.

5. User Accounts

To access certain features, both Artists and Fans may need to register for an account. You are responsible for maintaining the confidentiality of your login credentials and all activity under your account.

6. Acceptable Use

You agree not to use the Services to: (a) violate any law; (b) infringe on any third-party rights; (c) distribute malware or spam; (d) harass, abuse, or harm another person; or (e) interfere with system security or operations.

7. Third-Party Services

UPNEX integrates with third-party tools including, but not limited to Stripe. We are not responsible for the content, terms, or operations of any third-party services. Your use of those services is governed by their respective terms and privacy policies. For a full list of third-party tools, please contact [email protected]

8. Intellectual Property

All content, trademarks, and technology used in the Services are
owned or licensed by UPNEX. You may not copy, reproduce, distribute, or create
derivative works without our prior written permission.

9. Termination

The Services are provided “as is” and “as available” without warranties of any kind, express or implied. We do not warrant that the Services will be uninterrupted or error-free.

11. Limitation of Liability

To the maximum extent permitted by law, UPNEX shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.

12. Indemnification

You agree to indemnify, defend, and hold harmless UPNEX and its affiliates, employees, and agents from any claims, losses, liabilities, or expenses (including legal fees) arising out of your use or misuse of the Services.

13. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Arizona, without regard to conflict of law principles. Any disputes shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Phoenix, Arizona. You waive any right to participate in class actions or class-wide arbitration.

14. Modifications

We reserve the right to change these Terms at any time. When we do, we will revise the “Last Updated” date. Your continued use of the Services constitutes acceptance of the revised Terms.