Terms of Service

NextUp is operated by PD Labs (“NextUp,” “we,” “us,” or “our”). These Terms of Service are a binding agreement between you and PD Labs governing your use of the NextUp iOS app and the next-up.app website (together, the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use NextUp.

You must be at least 13 years old to use NextUp. By creating an account, you represent that you are 13 or older and that the information you provide is accurate. If we learn that we have collected personal information from a user under 13, we will delete it promptly. If you are under the age of majority where you live, you may use NextUp only with the involvement of a parent or guardian.

You are responsible for safeguarding your login credentials and for all activity under your account. Keep your password confidential, and notify us at support@next-up.appif you suspect unauthorized use. You may delete your account at any time from Settings → Data & Privacy.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use NextUp on Apple devices you own or control, for your personal, non-commercial use. Your use of the app is also subject to Apple’s Licensed Application End User License Agreement (LEULA). Where these Terms and the LEULA conflict, these Terms govern except as required by the LEULA.

NextUp lets you create content — including your profile, lists, notes, ratings, and reactions (“Your Content”). You own Your Content. To operate the Service, you grant PD Labs a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute Your Content solely to provide and improve NextUp — for example, to show a list to people you’ve shared it with.

Some content is public by design. Your profile, lists you mark public, and activity you set to “Everyone” may be visible to other users and accessible through shareable links. You are responsible for Your Content and for choosing what you make public. You can control visibility in Privacy settings and delete Your Content at any time.

NextUp has a zero-tolerance policy for objectionable content and abusive behavior. You agree not to post, share, or transmit content, or engage in conduct, that:

• is unlawful, harassing, threatening, bullying, hateful, defamatory, or that promotes violence or discrimination;
• is sexually explicit, pornographic, or harmful to minors;
• is spam, fraudulent, deceptive, or impersonates another person or entity;
• infringes anyone’s intellectual property, privacy, or other rights;
• contains malware, or attempts to hack, disrupt, scrape, or reverse engineer the Service;
• violates any law or the rights of others, or attempts to do any of the above.

By using NextUp, you also agree there is no tolerance for objectionable content or abusive users, and you accept that violations may result in removal of content and termination of your account.

We give you tools to stay safe and we act on what you report:

• Report — you can report a user or content from the app. Reports are reviewed by NextUp moderators.
• Block — you can block any user, which hides your profile from them and theirs from you and removes any follow relationship between you.

We aim to review reports of objectionable content and abusive behavior and to act on them — including removing content and removing the offending user — within 24 hours. We may remove content or suspend or terminate accounts that violate these Terms, at our discretion.

TV-show data and images are provided by The Movie Database (TMDB). NextUp uses the TMDB API but is not endorsed or certified by TMDB. The Service also relies on third-party providers (such as Apple and Google Firebase); your use of those features may be subject to their terms. NextUp does not stream, host, or provide any TV content itself.

The NextUp name, logo, app, and website — excluding Your Content and third-party content — are owned by PD Labs and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Service except as permitted by these Terms.

You may stop using NextUp and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or to protect the Service or other users. On termination, the licenses you grant us end, except for content already shared with others and any rights that by their nature survive.

NextUp is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, PD Labs disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that show data will be accurate or complete.

To the fullest extent permitted by law, PD Labs and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us in the prior 12 months or USD $50.

You agree to indemnify and hold harmless PD Labs from any claims, damages, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, or your violation of these Terms or the rights of others.

We may modify or discontinue features of the Service, and we may update these Terms from time to time. When changes are material, we will update the “Effective” date and, where appropriate, notify you in the app. Your continued use after an update means you accept the revised Terms.

These Terms are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules. You and PD Labs agree to the exclusive jurisdiction of the state and federal courts located in Washington for any dispute that is not otherwise resolved, except where applicable law gives you the right to bring a claim in your local courts.

These Terms are between you and PD Labs only, not with Apple. The following applies to your use of the iOS app obtained from the App Store:

• Apple has no obligation to provide maintenance or support for the app; PD Labs is solely responsible for support, at support@next-up.app.
• If the app fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any); to the extent permitted by law, Apple has no other warranty obligation.
• PD Labs, not Apple, is responsible for addressing any claims relating to the app, including product liability, legal/regulatory compliance, and consumer-protection claims.
• PD Labs, not Apple, is responsible for investigating and resolving any third-party claim that the app infringes intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. restricted-parties list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Questions about these Terms? Reach out any time.