Terms and Conditions

1. Introduction and Acceptance of Terms

Welcome to WhenUp ("WhenUp", "we", "us", or "our"). WhenUp is a social coordination application that helps you find the best times to meet with friends. By creating an account or otherwise accessing or using the WhenUp mobile application, website, or any related services (collectively, the "Service"), you confirm that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms").

If you do not agree to these Terms in their entirety, you must immediately stop using the Service. Your continued use of the Service following any update to these Terms constitutes your acceptance of the revised Terms.

2. Age Requirements and Eligibility

You must be at least 13 years of age to use WhenUp. If you are between 13 and 18 years of age (or the applicable age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

By using the Service, you represent and warrant that: (a) you are of legal capacity to enter into a binding agreement; (b) you are not located in a country subject to a U.S. government embargo or designated as a "terrorist-supporting" country; and (c) you have not been previously suspended or removed from the Service.

3. Account Creation and Responsibility

To access most features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated at all times.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at whenupapp@gmail.com if you suspect any unauthorized access or security breach. WhenUp will not be liable for any loss arising from unauthorized use of your account.

You may not create an account on behalf of another person without their explicit authorization, impersonate any person or entity, or use a username that is offensive, misleading, or infringes any third-party rights.

4. Description of the Service

WhenUp enables users to: share personal availability windows, create and manage social plans, invite friends to events, coordinate meeting times, and receive notifications about plan updates. The Service is provided on an "as-is" basis and its features may evolve over time.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, and without liability to you. We will make reasonable efforts to notify registered users of material changes to core functionality.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use and enjoyment of the Service. Without limiting the foregoing, you must not:

• Post, transmit, or share content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Impersonate any person or entity or falsely represent your affiliation with a person or entity.
• Attempt to gain unauthorized access to any part of the Service, other users' accounts, or related systems.
• Use automated tools (bots, scrapers, crawlers) to access, collect, or index data from the Service without our prior written consent.
• Transmit spam, chain letters, or unsolicited communications to other users.
• Upload or transmit viruses, malware, or any code designed to disrupt, damage, or limit the functionality of the Service.
• Violate any applicable local, national, or international law or regulation.

We reserve the right to investigate violations of this policy and may take any action we deem appropriate, including removing content and suspending or terminating accounts.

6. User-Generated Content and Rights

The Service may allow you to submit, post, or share content such as profile information, plan details, and availability data ("User Content"). You retain all ownership rights in your User Content.

By submitting User Content, you grant WhenUp a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, adapt, publish, and display such User Content solely to the extent necessary to provide and improve the Service. This license terminates when you delete your User Content or your account, except where content has been shared with others who have not deleted it.

You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate any third-party rights or applicable laws.

7. Intellectual Property

The Service and all of its original content, features, functionality, design, trademarks, logos, and software are and will remain the exclusive property of WhenUp and its licensors. Nothing in these Terms transfers any intellectual property rights to you.

You may not copy, modify, distribute, sell, or create derivative works from any part of the Service or its underlying intellectual property without our express prior written consent.

8. Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and disclose your personal information. By using the Service, you acknowledge that you have read and understood our Privacy Policy.

You can review our Privacy Policy at any time within the app (Profile → Privacy Policy) or at whenupapp.com/privacy.

9. Push Notifications and Service Communications

By creating an account, you consent to receive transactional and service-related communications, including plan invitations, status updates, and reminders, via push notifications and email.

You may manage or disable push notifications at any time through your device's operating system settings or within the WhenUp app settings. Disabling notifications may affect your ability to receive timely plan updates. You cannot opt out of essential account communications (e.g., email verification, security alerts) while maintaining an active account.

10. Subscriptions, Payments, and Refunds

WhenUp may offer premium features or subscription plans ("Premium Services"). If you choose to purchase a subscription, you agree to pay the applicable fees at the then-current rates. All fees are stated in the applicable currency and are inclusive of applicable taxes unless otherwise noted.

Subscriptions are billed in advance on a recurring basis (monthly or annually, as selected) and will automatically renew at the end of each billing period unless cancelled before the renewal date. You can manage or cancel your subscription through your App Store or Google Play account settings at any time.

Cancellation takes effect at the end of the current billing period; you will retain access to Premium Services until that date. We do not offer refunds for partially used billing periods except where required by applicable law or at our sole discretion. If you believe you have been charged in error, please contact us at whenupapp@gmail.com within 30 days of the charge.

Free features of the Service remain free at all times and will be clearly distinguished from any paid offerings.

11. Account Suspension and Termination

You may delete your account at any time through the app settings. Upon deletion, we will remove your personal data in accordance with our Privacy Policy. Certain anonymized or aggregated data may be retained for analytical purposes.

We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, if we reasonably believe that you have violated these Terms or engaged in conduct that is harmful to other users, third parties, or us. In cases of severe or repeated violations, termination may be immediate and permanent.

Upon termination, your right to use the Service ceases immediately and any licenses granted to you under these Terms are revoked. Provisions of these Terms that by their nature should survive termination will remain in effect.

12. 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHENUP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

Some jurisdictions do not allow the limitation of certain types of liability, so some of the above limitations may not apply to you.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, the Service, or applicable law. When we make material changes, we will update the "Last Updated" date at the top of this document and, where appropriate, notify you via email or an in-app notification.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service and may delete your account.

15. Governing Law and Dispute Resolution

These Terms and any disputes arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising from these Terms that cannot be resolved informally shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA). Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and WhenUp each waive the right to a trial by jury and to participate in class action litigation.

16. Contact Information

If you have questions, concerns, or requests regarding these Terms, please contact our legal team at:

We will endeavor to respond to all inquiries within a reasonable timeframe.