Terms of Service

Welcome to UPchart. These Terms of Service ("Terms") govern your access to and use of the UPchart platform, including our website, mobile applications, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

Acceptance of Terms

By creating an account, accessing, or using UPchart, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

Eligibility

You must be at least 13 years old to use UPchart. If you are under 18, you represent that you have your parent's or guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

Age Verification and COPPA Compliance

UPchart complies with the Children's Online Privacy Protection Act (COPPA). Users under 13 years of age are not permitted to use the Service. If you are between 13 and 18 years of age, you represent that you have obtained parental or guardian consent to use the Service. UPchart reserves the right to request proof of age or parental consent at any time. If we discover that a user under 13 has created an account, we will immediately terminate the account and delete all associated data in accordance with COPPA requirements.

Account Registration

You are only allowed to open a single account. Creating multiple accounts is prohibited and may result in suspension or termination of all accounts.

To use certain features of UPchart, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

Credits

UPchart uses a virtual currency system called "Credits" that allows you to access certain features and services on the platform. By purchasing or receiving Credits, you agree to the following terms:

• Expiration: Credits expire one (1) year from the date of purchase or receipt. Expired Credits cannot be used and will be forfeited.
• Transferability: Credits may be transferred to other users only through the tipping feature provided on the platform. Credits cannot be transferred in any other way, including but not limited to account transfers, sales, or exchanges.
• Non-Redeemable: Credits are not redeemable for cash, refunds, or any other form of monetary value. Credits have no cash value and cannot be exchanged for real currency.
• No Refunds: All Credit purchases are final. No refunds will be provided under any circumstances, including but not limited to account termination, service discontinuation, or user error. By purchasing Credits, you acknowledge that you understand and agree that Credits are non-refundable.
• Use Restrictions: Credits can only be used for features and services explicitly provided on the UPchart platform. UPchart reserves the right to modify, suspend, or discontinue any feature that requires Credits at any time without notice.
• Account Termination: Upon termination of your account, any remaining Credits will be forfeited and cannot be recovered or transferred.

Payment Terms and Processing

UPchart uses third-party payment processors (including Stripe) to process payments for Credits and other services. By making a purchase, you agree to:

• Provide accurate and complete payment information
• Authorize UPchart and its payment processors to charge your payment method
• Pay all fees and charges associated with your purchases
• Comply with the terms and conditions of the payment processor
• Accept that payment processing is subject to the payment processor's terms and privacy policies

All prices are displayed in the currency specified on the platform and may be subject to change without notice. Failed payments may result in suspension of services until payment is successfully processed. UPchart is not responsible for any fees charged by your financial institution or payment provider.

Third-Party Services

The Service may integrate with or use third-party services, including but not limited to:

• OAuth authentication providers (Google, Facebook) for account creation and login
• Payment processors (Stripe) for processing payments
• AI music generation (ElevenLabs) for creating songs via the platform
• Cloud storage and hosting services
• Analytics and monitoring services

Your use of third-party services is subject to their respective terms of service and privacy policies. UPchart is not responsible for the availability, accuracy, or practices of third-party services. We disclaim all liability arising from your use of or interaction with any third-party services.

Songs generated through UPchart's AI features are created using ElevenLabs' Music API. Your use of AI-generated music is also subject to ElevenLabs' terms, including their Terms of Service, Music Terms, and Eleven Music v1 Terms, as applicable.

When you use OAuth authentication (Google or Facebook), you are also subject to their terms and privacy policies:

• Google Terms of Service
• Facebook Terms of Service

Content Ownership and Rights

By uploading content to UPchart, you confirm that:

• You own or have the necessary rights, licenses, and permissions to upload and distribute the content
• Your content does not infringe on the intellectual property rights of any third party
• Your content does not contain any samples or third-party audio without proper authorization
• You grant UPchart a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, display, and perform your content on the platform
• You retain all ownership rights to your content

AI-Generated Songs

Songs you create with UPchart's AI features ("Make a Song", "Make One Like This") are generated using ElevenLabs. Here is what you need to know as a customer:

• Do I own the songs I generate? Yes. You own the generated song. UPchart does not claim ownership of your AI-generated songs.
• Can I use them commercially? Yes. You may use, distribute, and monetize your AI-generated songs for commercial purposes (e.g. streaming, social, ads, podcasts, within the scope allowed by our AI provider's terms). Some high-risk or enterprise uses (e.g. major film/TV) may require a separate license from the provider; otherwise you are free to use your songs commercially.
• What if I win or chart? AI-generated songs are eligible for UPchart charts and contests like any other song. Winning or ranking does not change your rights—you keep the same ownership and commercial use rights above.
• What do I need to do when I use the song elsewhere? When you distribute or publish an AI-generated song outside UPchart (e.g. on streaming services, social media, or in other projects), you must credit ElevenLabs—for example "Created in collaboration with ElevenLabs" or as required by their terms. We may also show this attribution on UPchart.
• Is my song unique? AI output is not guaranteed to be unique. The same or similar songs may be generated for other users. You do not get exclusive rights to a particular sound or composition just by generating it.

When using the AI features, do not include real artist names, song titles, or other prohibited content in your prompts. Do not generate content that infringes others' rights, mimics a specific artist's voice or likeness without authorization, or violates our Content Guidelines. Your use of AI-generated songs outside UPchart must comply with ElevenLabs' terms (linked in the Third-Party Services section above).

Content Guidelines

You agree not to upload, post, or transmit any content that:

• Violates any applicable laws or regulations
• Infringes on the rights of others, including intellectual property rights
• Is defamatory, harassing, abusive, or threatening
• Contains hate speech, discrimination, or promotes violence
• Is spam, fraudulent, or misleading
• Contains malware, viruses, or other harmful code

UPchart reserves the right to review, remove, or disable access to any content that violates these Terms or our policies, without prior notice.

Content Rating

You are responsible for accurately rating your content. Please select the appropriate content rating (Explicit, Clean, or Not for kids) when uploading. We only have Explicit right now. If songs contain explicit content and are not flagged correctly as "Explicit," they will be removed from the platform. Mislabeling content may result in removal of your content or suspension of your account.

Song Removal and Deletion

UPchart reserves the right to remove any song from the platform for any reason, with or without notice, including but not limited to violations of these Terms, content guidelines, or community standards.

To maintain the integrity of the charts, when a user deletes a song or deletes their account, we do not delete the song from the historical record. The song remains in the chart history so that past positions and rankings stay accurate. However, the song is disabled across the system and no longer functions as active content:

• Disabled songs cannot be played, streamed, or accessed on the system
• Disabled songs cannot be added to playlists
• Comments cannot be left on disabled songs
• Disabled songs cannot be rated or receive new ratings
• Disabled songs may still appear in historical chart data for reference purposes, but they are not playable or interactive

Once a song is deleted, it cannot be restored. You are responsible for maintaining backups of your content.

User Conduct

You agree to use UPchart in a lawful manner and in accordance with these Terms. You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers connected to the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Collect or harvest information about other users without their consent
• Manipulate charts, rankings, or ratings through fraudulent means
• Create fake accounts or engage in vote manipulation
• Scrape, crawl, or extract data from the Service without written authorization
• Reverse engineer, decompile, or attempt to derive source code from the Service
• Use the Service to compete with UPchart or build competing products

Intellectual Property

The Service, including its original content, features, and functionality, is owned by UPchart and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

DMCA and Content Removal

UPchart respects intellectual property rights and will respond to valid DMCA takedown notices. If you believe your copyrighted work has been infringed, please contact us at hello@upchart.ai with the following information:

• A description of the copyrighted work you claim has been infringed
• The location of the allegedly infringing content on our platform
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner

Geographic Restrictions

UPchart may restrict access to the Service from certain countries, regions, or jurisdictions at its sole discretion. We reserve the right to block or limit access to users based on geographic location, and we are not obligated to provide the Service in all locations. If you access the Service from a restricted location, you do so at your own risk and are responsible for compliance with local laws.

Service Availability

We strive to provide reliable service, but we do not guarantee that the Service will be available at all times or free from errors, interruptions, or security issues. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.

Beta and Experimental Features

UPchart may offer beta, experimental, or preview features that are still in development. These features may be unstable, contain bugs, or be discontinued at any time. By using beta or experimental features, you acknowledge that they are provided "as is" and may not function as intended. UPchart is not liable for any issues, data loss, or problems arising from the use of beta or experimental features.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately. You may also terminate your account at any time through your account settings.

Data Retention and Deletion

When you delete your account or request data deletion, UPchart will delete your personal data and account information in accordance with our Privacy Policy. However, to maintain chart integrity we do not remove your songs from the historical record—they remain in chart history but are disabled (cannot be played, added to playlists, commented on, or rated) as described in the Song Removal and Deletion section. In addition:

• Some data may be retained in backup systems for up to 90 days before permanent deletion
• Data may be retained if required by law, regulation, or legal proceedings
• Historical chart data and aggregated statistics may be retained for platform integrity
• Content that has been shared publicly may remain accessible in cached or archived formats

You are responsible for maintaining backups of your content. UPchart is not responsible for data loss resulting from account deletion or service discontinuation.

Moderation and Enforcement

UPchart reserves the right to monitor, review, and moderate all content and user activity on the platform. We may use automated systems and human moderators to detect violations of these Terms. If we determine that you have violated these Terms, we may, at our sole discretion:

• Issue warnings or notifications
• Remove or disable access to content
• Suspend or restrict your account temporarily
• Terminate your account permanently
• Take legal action if necessary

UPchart's decisions regarding moderation and enforcement are final. We are not obligated to provide warnings before taking action, and we reserve the right to take immediate action for serious violations.

Indemnification

You agree to indemnify and hold harmless UPchart, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or relating to your use of the platform, your content, your violation of these Terms, or your violation of any rights of another party.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPCHART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSSES ARISING FROM THE PRE-LAUNCH NATURE OF THE SERVICE, BUGS, ERRORS, SERVICE INTERRUPTIONS, OR DATA LOSS.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

Dispute Resolution

If you have any dispute with UPchart arising out of or relating to these Terms or the Service, you agree to first contact us at hello@upchart.ai to attempt to resolve the dispute informally. If we are unable to resolve the dispute within 60 days, you agree that any disputes, claims, or controversies arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that you may assert claims in small claims court if your claims qualify.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to a jury trial.

Assignment

You may not assign, transfer, or delegate these Terms or your account without UPchart's prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. UPchart may assign, transfer, or delegate these Terms or any rights or obligations hereunder at its sole discretion.

Force Majeure

UPchart shall not be liable for any failure or delay in performance under these Terms which is due to earthquake, fire, flood, act of God, act of war, terrorism, epidemic, pandemic, internet failure, or other causes beyond UPchart's reasonable control. If such circumstances continue for more than 30 days, either party may terminate these Terms upon written notice.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and UPchart regarding the use of the Service and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, relating to the subject matter hereof. No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by both parties.

Waiver

The failure of UPchart to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by UPchart.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of The United Kingdom of Great Britain and Northern Ireland, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of The United Kingdom of Great Britain and Northern Ireland.

Contact Us

If you have any questions about these Terms of Service, please contact us at hello@upchart.ai