Terms | Fed-Up

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FED-UP TERMS OF SERVICE

Last Modified: September 3, 2026

PLEASE BE AWARE THAT THERE ARE CLASS ACTION, JURY WAIVER, AND ARBITRATION PROVISIONS CONTAINED IN THIS AGREEMENT.

1. Your Acceptance

Welcome to the FED-UP Terms of Service. This is an agreement (“Agreement”) between FED-UP HOLDINGS, LLC (“FED-UP”) the owner and operator of the www.fed-up.app website, any associated websites, mobile application, software, or associated services offered (collectively the “Platform”) and you (“you”, “your”, or “User”) a user of the Platform.

Throughout this Agreement, the words “FED-UP,” “us,” “we,” and “our,” refer to our company, FED-UP, as is appropriate in the context of the use of the words.

By clicking “I agree,” subscribing to the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Agreement or the Privacy Policy and may notify you when we do so. If you do not agree with any changes please cease using our Platform immediately.

2. Platform and Registration

Users may access the Platform as permitted by us. Where required, Users must register on the Platform by following our login requirements. During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Platform and you must be 17 years of age or older to register and create an account. We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify FED-UP immediately of any unauthorized use of your account or any other breach of security. FED-UP will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.

3. Interactions with Other Users

Through the Platform you may be able to connect with other users. Please be aware that you are solely responsible for any interactions with any other users of the Platform or any content provided by such users. The Platform does not provide identity verification or background checks and does not screen users. Please use common sense and caution prior to meeting or communicating with any other user encountered on the Platform. YOU AGREE TO HOLD FED-UP FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR INTERACTIONS, WHETHER ONLINE OR IN PERSON, WITH ANY OTHER USERS OR SUCH USER’S CONTENT. FED-UP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY OTHER PARTY ENCOUNTERED ON THE PLATFORM. You are solely responsible to any other user for any opinions, advice, or information communicated through the Platform. You shall indemnify and hold harmless FED-UP from any claims arising from interactions with other users of the Platform.

4. Platform

In accordance with this Agreement, we may provide you access to the Platform after registration for your own personal use. Where you download any portion of this Platform, we grant you a personal, non-assignable, non-transferable, limited, and revocable license to use the Platform in accordance with this Agreement and our instructions. You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to FED-UP and/or FED-UP’s licensors and that FED-UP and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by FED-UP. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by FED-UP to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by FED-UP. All rights not expressly granted in this Agreement are reserved for us. You may only access the Platform as permitted by us, and please be aware that we are not responsible for any User Content (defined below) or Third Party Content encountered on the Platform, whether posted by you or any other person.

The Platform is offered “as-is” and with all faults and is not designed for, marketed to, or intended for use as a mental health support tool, crisis intervention service, suicide prevention resource, or substitute for professional mental health care. If you are experiencing thoughts of self-harm, suicide, psychological crisis, or any other mental health emergency or medical emergency please contact your health care professional immediately. Do not take or omit any actions based on anything encountered on the Platform. You assume all risks of using the Platform and are solely responsible for your use of the Platform.

5. User Content

A User’s ability to submit or transmit any information through the Platform, including but not limited to user information, data, pictures, videos, text, written content, images, tangible materials, or any other information will be referred to as “User Content” throughout this Agreement. FED-UP is not required to host, store, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content at our discretion. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal, that it does not violate this Agreement, and that it does not interfere with any third-party rights or obligations including any rights of publicity or intellectual property rights.

When you submit any User Content to us, you grant FED-UP, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, worldwide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for any purposes as contemplated by us. Please be aware that User Content may be shared with other users of the Platform or third parties as applicable. FED-UP has no liability to you regarding any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, FED-UP shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you. We may share your User Content with third parties in the event of either a civil, criminal, or other governmental investigation or if we believe your actions or proposed actions may harm us or a third party, at our discretion. FED-UP does not verify the accuracy or consistency of any content on the Platform including but not limited to Third Party Content (defined below), User Content, or other results generated. Please be aware that any content encountered on the Platform is offered “as-is” and without warranty of any kind. Please be aware that such content may be inaccurate, untimely, or contain errors. You solely are responsible for your use of any content including any User Content and you agree to release us from any liability related to your use of any content encountered.

6. Additional Guidelines for User Content

Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content. When submitting any User Content you agree to the following:

You agree that User Content submitted is truthful, up-to-date, and accurate;
You agree not to submit any User Content or generate User Content output that depicts, names, impersonates, or is designed to resemble any real, living person or any deceased person whose name or likeness rights remain enforceable; however, references to historical figures long deceased, presented as satire or commentary, may be permitted;
You agree not to submit any User Content that impersonates or closely resembles another person or character, whether fictional or real, unless you have secured the proper rights to do so;
You agree not to post any User Content that contains criminal instructions or glorifies drugs, violence, or illegal activity;
You agree not to submit any User Content that contains any confidential or medical information that is personal in nature;
You agree not to submit any User Content that contains semi-nudity, artistic nudity, nudity, sexual, or explicit content. Sexual solicitation or sexual harassment will not be tolerated;
You agree not to submit any User Content that depicts gratuitous violence, animal or child abuse, self-harm, or encourages violence against others;
You agree not to submit any User Content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
You agree not to post inflammatory or non-inclusive User Content;
You agree not to submit any User Content that is considered advertising, product sales or otherwise considered spam or politically controversial; and
You agree not to submit any User Content that may be considered bullying, misleading, non-consensual imagery, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If you have violated any of our User Content Guidelines or if we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated immediately.

7. Monitoring User Content

FED-UP shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, FED-UP shall have the right, but not the obligation, to remove or disable access to any User Content at its sole discretion and terminate any offending User.

8. Use of the Platform

When using our Platform, you are responsible for your use of the Platform. You agree to the following:

You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the computer servers running the Platform;
You may not use automated bots or other software to send more messages through our Platform than humanly possible;

You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
You may not access our Platform in an attempt to build a similar or other competitive product;
You may not use the Platform in an unlawful manner;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
- You may not interfere with or disrupt the Platform;
- You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
- You agree that you will not hold FED-UP responsible for your use of our Platform

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion, be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party, we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. FED-UP reserves the right to suspend or terminate any account at any time at our discretion, with or without explanation.

9. User Content Storage

FED-UP, at its discretion, may offer reasonable amounts of storage for any User Content submitted by User. Please be aware that we have no obligation to offer any storage of any User Content and may change our policies related to User Content storage limits at our discretion. Specifically, we do not guarantee that User Content will remain available, secure, accessible, or complete, and some or all of your User Content may be deleted. FED-UP shall have no obligation to keep or make available any User Content after a termination of User’s subscription to the Platform and shall have no obligation to assist in migrating such User Content.

10. Artificial Intelligence and Outputs

The Platform may use artificial intelligence or large language model technology which may include algorithms, software or systems that make use of or employ neural networks, statistical learning algorithms, reinforcement learning, or generative artificial intelligence (collectively “AI”), you may interact with AI generated outputs based on your User Content or Third Party Content when accessing the Platform. You understand that generative AI is a novel and evolving field with unknown risks and safeguards that may not be comprehensive. You assume full responsibility for any risks arising from your use of the Platform including any AI features, which may be provided by third party software providers including any Third Party Content (defined below). Given the probabilistic nature of machine learning and AI, outputs by AI may be unpredictable and any outputs may be non-compliant or illegal. Any User Content AI generated outputs are fictional, any resemblance to real, living, or fictional persons, living or dead, is coincidental and not intended.

FED-UP is not responsible for any information or results generated via the Platform including any User Content or Third Party Content generated or outputted by any portions of the Platform including any AI services. You accept that any AI outputs including any User Content or Third Party Content generated may not always be accurate, appropriate, or unbiased, no outputs should be taken as advice whether medical, legal, financial or otherwise. You are solely responsible for the accuracy of any output and your use of any content encountered on the Platform. You should not provide or use any sensitive information, including personal data, when interacting with any AI features offered on the Platform. FED-UP exercises no control over the use of any User Content inputted or outputted, any AI features, and any User Content inputted or outputted is strictly at the User's own risk. FED-UP does not represent, undertake, or warrant any security or control over the input or output. THE USER AGREES TO HOLD FED-UP FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE PLATFORM OR RESULTS GENERATED INCLUDING ANY AI OUTPUTS. FED-UP WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM. FED-UP does not warrant any results, guarantee, endorse, or recommend any portion of the Platform and use of the Platform is at your own risk.

11. Third Party Software

Some of the Platform including AI features of the Platform may be provided by third party integrations or software (“Third Party Software”). Where a Third Party Software is made available through the Platform, FED-UP does not warrant or endorse any such Third Party Software. Your use of any Third Party Software is solely at their own risk. All such Third Party Software is controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Software including but not limited to any data retention, data privacy, or LLM training. FED-UP makes no warranties, guarantees, endorsements, or recommendations regarding any Third Party Software or any outputs created by such Third Party Software.

12. Platform Availability

Although we strive to make the Platform generally available, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

13. Modification of Platform

We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.

14. Idea Submission

FED-UP or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to FED-UP. The sole purpose of this policy is to avoid potential misunderstandings or disputes when FED-UP’s products might seem similar to ideas submitted to FED-UP. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of FED-UP, without any compensation to the submitter; (2) FED-UP may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for FED-UP to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

15. Third Party Content

FED-UP does not endorse or warrant any Third Party Content including but not limited to any materials, links, results, information, or other data provided by a third party including other users through the Platform or linked to the Platform (collectively, “Third Party Content”) and does not assume responsibility for any Third Party Content encountered on the Platform. If you use or access any Third Party Content, you do so at your own risk. We recommend that you independently evaluate Third Party Content, and you should not solely rely on the Third Party Content displayed on the Platform to make any decisions. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, FED-UP assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.

16. Third Party App Store

The Platform may be accessed or downloaded via a third party app store such as the iTunes or Google Play store (“Third Party App Store”). Where a Third Party App Store is made available through the Platform, FED-UP does not warrant or endorse any such Third Party App Store. Subscriber uses any Third Party App Store solely at their own risk. All such Third Party App Store are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party App Store. Subscriber may be required to purchase an additional subscription or otherwise pay for access to any Third Party App Store from the entity that makes such Third Party App Store available. Any issues with the transmission, processing, or storage of any User Content by any Third Party App Store is solely to be resolved by and between you and any entity owning such Third Party App Store. FED-UP will not be responsible for any connectivity issues related to any Third Party App Store and the Platform. Any Third Party App Store is subject to the terms and conditions of the owner of such Third Party App Store.

Where you download or access the Platform through a Third Party App Store you agree to abide by all policies of such Third Party App Store. You agree that your use of the Platform shall not violate any Third Party App Store rules or policies.

17. Disclaimer

THE PLATFORM IS PROVIDED ON AN “AS IS.” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FED-UP, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) THE SAFETY OF COMMUNICATING WITH OR MEETING OTHER USERS, AI GENERATED CONTENT, USER CONTENT, OR THIRD PARTY CONTENT; (3) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (4) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. FED-UP MAKES NO WARRANTIES OR GUARANTEES AS TO THE ACTIONS OR INACTIONS OF ANY USERS WE DO NOT SCREEN OR OTHERWISE EVALUATE USERS IN ANY MANNER. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES AND AI ENCOUNTERED IN CONNECTION WITH THE USE OF THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. FED-UP DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. FED-UP DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. FED-UP DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND FED-UP SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

18. Limitation of Liability

IN NO EVENT SHALL FED-UP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FED-UP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY FED-UP’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL LIMITATION OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL FEES YOU HAVE PAID TO USE THE PLATFORM IN THE PAST TWELVE (12) MONTHS.

19. Indemnity

You agree to defend, indemnify and hold harmless FED-UP, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

your use of and access to the FED-UP Platform including any AI components;
your violation of any term of this Agreement; or
your violation of any third-party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the FED-UP Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

20. Copyrights

Takedown Notice

We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:

Your name.
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our Platform of the infringing material.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of FED-UP, contact@fed-up.app or FED-UP HOLDINGS, LLC 3519 NE 15th Ave, Unit 274, Portland, OR 97212

Counter Notice

In the event that you receive a notification from FED-UP stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:

Your name, address, email and physical or electronic signature.
The notification reference number (if applicable).
Identification of the material and its location before it was removed.
A statement under penalty of perjury that the material was removed by mistake or misidentification.
Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: FED-UP, contact@fed-up.app or FED-UP HOLDINGS, LLC 3519 NE 15th Ave, Unit 274, Portland, OR 97212

21. Choice of Law

This Agreement shall be governed by the laws in force in the state of Oregon. The offer and acceptance of this contract is deemed to have occurred in Oregon.

22. Disputes

This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) shall be subject to arbitration as set forth.

Binding Arbitration

You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential binding arbitration. If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and FED-UP agree that the arbitrator will decide that issue. However, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by JAMS Arbitration in accordance with their arbitration rules (the “Rules”) then in effect, found at https://www.jamsadr.com/. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be Portland, OR. Each party shall be responsible for their own arbitration fees and costs. Where permitted by the Rules each party may appear remotely or electronically. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or the Dispute is regarding confidential information or intellectual property that require injunctive relief, you agree that any actions shall be brought solely in a court of competent jurisdiction located within Multnomah County, OR.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted this Agreement by notifying us via mail at FED-UP HOLDINGS, LLC 3519 NE 15th Ave, Unit 274, Portland, OR 97212. In order to be effective, the opt-out notice must include your full name, any account information, and must clearly indicate your intent to opt out of binding arbitration. If you have decided to opt out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within Multnomah County, OR.

23. Class Action and Jury Waiver

You and FED-UP agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action or collective action and waive all rights to a trial by jury.

24. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with FED-UP are deemed to conflict with each other’s operation, FED-UP shall have the sole right to elect which provision remains in force.

25. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

26. Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including the following: 1, 3-29, and 32-44.

27. Entire Agreement and Notices

This Agreement along with any associated Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Any notices required under this Agreement shall be delivered to FED-UP HOLDINGS, LLC 3519 NE 15th Ave, Unit 274, Portland, OR 97212, delivery confirmation required. Any notices to User shall be delivered either electronically via email to User account or to the address listed within User’s account.

28. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

29. Electronic Communications

The communications between you and FED-UP use electronic means, whether you visit the Platform or send FED-UP emails, or whether FED-UP posts notices on the Platform or communications with you electronically. For contractual purposes, you (1) consent to receive communications from FED-UP in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that FED-UP provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

30. Platform Issues

If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform or by email at contact@fed-up.app.

31. Subscriber Payments

Portions of our Platform may require you to subscribe and pay a subscription fee. Where you have properly paid for a subscription (“Subscriber”) we shall grant you access to the paid portions of the Platform. Subscriber authorizes FED-UP or its third party payment processors to charge their method of payment on file at the time of purchase. Some subscriptions may be purchased via Third Party App Store and any payment terms are subject to the rules and agreements that you may have with such Third Party App Store. Where applicable, you must agree to our third party payment processors’ terms and conditions for processing payments or any Third Party App Store’s payment processing terms. All prices are listed in United States dollars. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, FED-UP may suspend or terminate your access to the paid portions of the Platform, without liability to us.

32. Automatic Subscriber Renewals

Where a Subscriber has purchased a subscription, your payment information shall be logged for your convenience. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, FED-UP MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE OR CANCEL PROPERLY THROUGH ANY THIRD PARTY APP STORE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION.

33. Refunds for Subscription

We want you to be satisfied with the FED-UP Services; however, no refunds will be permitted after the start of your paid subscription. If you have any questions regarding the subscription or our policies, please contact us.

34. Taxes

Where FED-UP does not charge you taxes for any payments, you agree to pay any and all applicable taxes. Where requested by us you agree to provide us with evidence that you have paid any taxes in a timely manner.

35. Pricing and Price Increases

The pricing for all paid subscriptions or FED-UP Fees is listed on the FED-UP Platform or within your account. Additionally, FED-UP may increase the price of any paid subscriptions, at our discretion and we reserve the right to do so at any time. In the event of a price increase, FED-UP shall notify you and you will have the chance to accept or reject any price increase. Please notify us if you intend to reject a price increase. Where you have rejected a price increase, your access to the Platform or this Agreement may be terminated immediately upon expiration of your current subscription. You agree that FED-UP has no obligation to offer any subscriptions or services for the price originally offered to you at sign up.

36. Subscriber Account Holds

From time to time, FED-UP may place a hold (“Hold”) on a Subscriber’s account or any payments to Subscriber’s account. Some of the reasons that we may place a Hold on Subscriber’s account include but are not limited to the following: (1) if we have reason that your actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Subscriber’s access to the Platform while such Hold is in place.

37. Termination of Subscription

If you wish to terminate your subscription please contact us or cancel your subscription using your account settings. In most instances, you will continue to have access to the Platform until your current subscription period expires. We may terminate your subscription if we have reason that your actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right. Where your subscription has been terminated some of the portions of the Platform may become immediately inaccessible.

38. Purchased Products

The Platform may offer product purchases. Please be aware that all photos and descriptions of any products on the Platform are for illustrative purposes only. Although we use reasonable efforts to ensure that our products are almost entirely similar to what is made available on the Platform, it is possible that your received product may not exactly match the actual product. The final products received by you may vary slightly in color, size, look, finish, or style. Additionally, you should be aware that all sizing and measurements are approximate and not exact. FED-UP reserves the right to substitute materials of equal or greater quality in the event a specified material for any physical product becomes unavailable.

39. Product Availability

It is possible that some of the products listed on our Platform may be incorrectly priced, improperly labeled, or unavailable. Additionally, other errors may be displayed on the product page. Where an error exists, we will attempt to remedy such error, but we cannot guarantee the accuracy of our product listings at all times. Although we try to keep all products on our Platform available and on hand, there may be times where such products or specific sizes or colors, are unavailable. In the event that any prices are mislabeled we reserve the right to cancel your order or to notify you of our updated price. You must then agree to our updated pricing before your order shall be fulfilled.

40. Product Taxes

You agree to pay all associated taxes with any products purchased. Where FED-UP does not charge you taxes for any product; and where any tax is owed, you agree to pay any and all applicable taxes. Additionally, where requested by us, you agree to provide us tax documentation to support any claims of on-time tax payment.

41. Refunds for Products

We want you to be satisfied with your purchases and we offer refunds within thirty (30) days of delivery for products that are damaged prior to delivery, misprinted, or otherwise defective. Please notify us immediately upon receipt of any such products that require a refund by contacting us at contact@fed-up.app. Do not mail or return anything until you receive written instructions from us, please be aware that you may be responsible for return shipping fees. We reserve the sole discretion in determining whether a product purchased is eligible for a refund.

42. Product Shipping

At checkout you may be able to select from multiple shipping options. Shipping is generally available as listed at the time of checkout. Prices for each location may vary. Standard shipping times will apply. As we do not transport the products, we cannot guarantee shipping times. Depending where items are shipped, you may be issued a tracking number that allows you to check the status of your package; however, not all shipments will include tracking numbers. We recommend you check all shipments immediately once you have received them. If you have any issues with your shipment, please contact us immediately.

RISK OF LOSS

All items purchased through the Platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you and the carrier upon tender of the item to the third-party shipping carrier.

43. Chargebacks and Declines

If we believe that you have participated in a fraudulent chargeback, we will pursue our claims against you to the fullest extent allowed by law. Which may include forwarding your information to credit bureaus, card companies or law enforcement agencies. Additionally, we reserve the right to charge your bank or credit card until any such chargeback is resolved. Where your credit card has been declined after our products have been shipped, you agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.

44. Termination

We may terminate this Agreement, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm FED-UP, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Please be aware that upon termination of your account, access to all or portions of our Platform may be immediately disabled and any User Content stored on the Platform may become inaccessible or be deleted and we shall have no liability to you in regard to any retention of your User Content.