Terms of Service
Last updated: August 20, 2026
Acceptance of These Terms of Service
Really Great is a service of allUP Labs Inc. ("Really Great," the "Company," "we," "us," or "our"). Before August 20, 2026, the service operated under the name allUP; these Terms of Service govern your use of the service under both names. We provide our services (described below) and related content to you through our websites located at reallygreat.com and allup.world (the "Site") and through any mobile applications and related technologies we may offer ("Mobile Apps," and collectively with the Site, including any updated or new features, functionality, and technology, the "Service"). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these "Terms of Service"). By clicking to accept these Terms of Service, or by continuing to use the Service after we give you notice of them, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept these Terms of Service, do not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Existing allUP Members
If you had an allUP account before August 20, 2026, we notified you of these updated Terms of Service by email. Your continued use of the Service after that notice means these Terms of Service apply to you. If you do not want the changes to the Arbitration Agreement to apply to you, you may reject them by sending written notice to the Notice Address in the Dispute Resolution section below within thirty (30) calendar days of the date of that notice. If you do, any dispute between us will be arbitrated under the arbitration agreement in the allUP Terms of Service as of the date you last accepted them, and the rest of these Terms of Service will still apply to you. A copy of the allUP Terms of Service is available at reallygreat.com/legal/previous-versions.
Your Privacy
We respect the privacy of our users. Please see our Privacy Policy, located at reallygreat.com/legal/privacy-policy (the "Privacy Policy"). By using the Service, you consent to our collection, use, and disclosure of personal data and other data as outlined therein.
Additional Terms
When using certain features of the Service, you will be subject to any additional terms applicable to those features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
What the Service Is
Really Great is an interview marketplace. Members record short video answers about their real work experience ("Answers"). Answers, and information derived from them, become searchable by people looking to hire, subject to each member's visibility settings. A searcher who wants to talk to a member requests an introduction; the member sees who is asking and what they searched for, and contact information is exchanged only if the member accepts.
Three things follow from this design:
- Members control visibility. Your settings determine which of your Answers are discoverable and by whom, and you can change them at any time. We abstract employer names in the work history we show, and we do not display your last name or contact details before you accept an introduction. Your Answers themselves play as you recorded them, so anything you choose to say in them is visible to viewers, and your face and voice are part of every Answer. Discoverable Answers can appear on public pages of the Site, which may be indexed by search engines.
- We facilitate introductions; we are not a party to what follows. Really Great is not an employer, employment agency, staffing agency, or agent for any member or searcher. Everything a searcher sees about a member comes from that member: members record their own answers and control what is discoverable. We do not obtain information about members from background-check, credit, criminal-records, or other consumer-data providers, and we do not verify, supplement, or investigate what a member tells us. We do not guarantee that any member will receive introductions, interviews, offers, or employment, or that any searcher will find or hire any candidate.
- Our AI finds and summarizes; people decide. The Service uses artificial intelligence to transcribe Answers, generate tags and summaries from what members say, and select and explain candidates by relevance to a specific search. Its assessments are of relevance to a search, never of anyone's general worth, and no one is accepted or rejected for a job by the Service. We do not make hiring decisions. AI-generated content (including transcripts, summaries, and search results) may contain errors and should be verified before relying on it.
Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent that you are 18 or older. The Service is offered to users in the United States, Canada, Mexico, and Australia.
Your Registration Obligations
You may be required to register with us or provide information about yourself (such as your name and email address) to access and use certain features of the Service. If you register, you agree to provide and maintain true, accurate, current, and complete information about yourself. Do not misrepresent your work history, identity, or affiliations; the Service exists to show real people and real work, and misrepresentation is grounds for removal. Registration data and certain other information about you are governed by our Privacy Policy.
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) exit from your account at the end of each session when accessing the Service on a shared device. We will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Terms for Searchers
If you use the Service to search for, evaluate, or request introductions to candidates (a "Searcher"), whether for yourself or on behalf of an organization, the following additional terms apply. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes it.
- Use candidate information only on the Service and only for hiring. You may access member Answers, profiles, transcripts, summaries, and related information ("Candidate Information") solely to evaluate candidates for your own bona fide hiring needs. You may not sell, license, distribute, or disclose Candidate Information outside your hiring team, or use it for any other purpose.
- No export, scraping, or retention outside the Service. You may not download, copy, scrape, record, or systematically retain Candidate Information, and you may not use it to build or enrich any database, dataset, or product, or to train any machine-learning or AI model. Two exceptions: once a member accepts your introduction request, you may keep the contact information exchanged and your own notes in your hiring records; and you may retain records that a law requires you to keep, under the same confidentiality limits.
- Respect the introduction flow. You may not use Candidate Information to identify or contact a member outside the Service before the member has accepted your introduction request.
- Your decisions, your compliance. You are solely responsible for your hiring decisions and processes, and for your own compliance with all applicable laws, including anti-discrimination and equal-opportunity laws and any laws governing your use of automated tools in hiring. The Service provides information and introductions; it does not make employment decisions and is not a consumer reporting agency. You may not use Candidate Information as a consumer report, or in any manner that would make the Service a consumer reporting agency, including as a factor in determining eligibility for credit, insurance, or housing. The Service's outputs, including relevance selections, orderings, and summaries, are informational only: you agree to independently evaluate candidates and not to use the Service's outputs as the sole basis for any employment decision.
- Accounts are for your organization. Do not share Searcher access with, or request introductions on behalf of, any other organization without our written agreement.
Modifications to Service
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
General Practices Regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained and the maximum storage space allotted on our or our third-party service providers' servers on your behalf. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time, and to change these general practices and limits at any time, in our sole discretion, with reasonable notice where practicable.
Conditions of Access and Use
User Conduct
You are solely responsible for all video, images, information, data, text, and other materials ("content") that you make available through the Service, including by uploading, posting, recording, publishing, or displaying (hereinafter, "upload(ing)") (collectively, "User Content"). We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including removing offending content, suspending or terminating accounts, and reporting violators to law enforcement. You agree not to use the Service to:
- upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under law or under contractual or fiduciary relationships (including confidential information of a current or former employer); (iii) contains software viruses or any other code designed to interrupt, destroy, or limit the functionality of any software or hardware; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, spam, or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise objectionable; or (vii) in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying the Service, or may expose us or our users to harm or liability;
- misrepresent your identity, work history, or affiliations, or impersonate any person or entity;
- interfere with or disrupt the Service or servers or networks connected to the Service;
- violate any applicable local, state, national, or international law;
- harvest or collect email addresses, contact information, or Candidate Information from the Service by any means;
- obtain or attempt to obtain any content or information through any means not intentionally made available through the Service;
- circumvent, remove, alter, deactivate, degrade, or thwart any content protections or access controls on the Service; or
- engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods, including to collect content for training machine-learning or AI models. If you are blocked from accessing the Service (including by IP address), you agree not to circumvent the block (such as by masking your IP address or using a proxy or VPN).
Fees
To the extent the Service or any portion is made available for a fee, you may be required to select a payment plan and provide payment information. You represent that such information is true and that you are authorized to use the payment instrument. You agree to pay the amounts specified in your payment plan. If your plan includes an automatically renewing subscription, you authorize us (through our payment processor) to bill your payment instrument on a recurring basis until you cancel. We will ask for your consent to the renewal terms separately at checkout, show you the renewal price and how to cancel before you pay, and send you a reminder before each renewal; cancelling is available in your account settings and takes no more steps than subscribing did. If you dispute any charges you must notify us within sixty (60) days of the charge, or any longer period required by law. We may change prices with at least thirty (30) days' notice through the Service, email, or other reasonable means; continued use after the change takes effect constitutes agreement to the new price. You are responsible for all taxes associated with the Service other than taxes based on our net income.
Refunds and Cancellations
Payments are final and non-refundable, unless otherwise determined by us or required by law. This does not limit any statutory right you cannot waive, including rights under automatic-renewal laws. You may cancel your subscription in your account settings or by emailing support@reallygreat.com.
Communications
By providing your contact information, you agree to receive service-related communications from us, such as introduction requests, activity notices, security alerts, and account messages, by email and, if you provide a phone number, by text message. Message and data rates may apply. Marketing communications are optional: we will send them only as permitted by law, and you may opt out of marketing emails via the unsubscribe link and of marketing texts by replying "STOP" — or any other reasonable wording, such as QUIT, CANCEL, UNSUBSCRIBE, or OPT OUT (reply "HELP" for help). Opting out of marketing does not affect service-related communications. If you change or deactivate your phone number, update your account promptly so messages are not sent to someone who acquires your old number. If you invite others to the Service by providing their contact information, you represent that they consent to receive the invitation. Invitations are sent by email only, are identified as coming from us on your behalf, and include a way to decline further messages; we do not send invitation text messages.
Mobile Apps and Software
Mobile App License
If we offer Mobile Apps, then subject to these Terms of Service we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install the Mobile App on mobile devices you own or control and to use it for your own personal use solely to access the Service. Your wireless carrier's standard charges, data rates, and other fees may apply.
Ownership; Restrictions
The technology and software underlying the Service or distributed in connection therewith are the property of allUP Labs Inc., its affiliates, and its licensors (including any Mobile Apps, the "Software"). You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved.
Special Notice for International Use; Export Controls
We are headquartered in the United States. You are solely responsible for compliance with the laws of your jurisdiction. Software available in connection with the Service is subject to United States export controls and may not be downloaded, exported, or re-exported in violation of U.S. export laws.
Third-Party Distribution Channels
If you obtain Software through the Apple App Store, the Google Play Store, or other distribution channels ("Distribution Channels"), you may be subject to the Distribution Channel's additional terms. These Terms of Service are between you and us only, and not with the Distribution Channel.
Apple-Enabled Software
With respect to Mobile Apps made available for use on Apple-branded products ("Apple-Enabled Software"), in addition to the other terms in these Terms of Service: these Terms of Service are concluded between you and allUP Labs Inc. only, not Apple Inc. ("Apple"), and allUP Labs Inc., not Apple, is solely responsible for the Apple-Enabled Software and its content. You may use the Apple-Enabled Software only as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, on iOS products you own or control (except as permitted via Family Sharing or volume purchasing). Apple has no obligation to provide maintenance or support for the Apple-Enabled Software and is not responsible for any warranties (any warranty failure may be reported to Apple, which will refund any purchase price, and Apple will have no other warranty obligation), product claims, regulatory claims, consumer-protection or similar claims, or third-party intellectual-property claims, all of which are our responsibility to the extent not disclaimable. You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and that you are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software and may enforce them against you. Questions about Apple-Enabled Software: support@reallygreat.com, allUP Labs Inc., 8605 Santa Monica Blvd PMB 27963, West Hollywood, CA 90069-4109.
Google-Sourced Software
For any Mobile App downloaded from the Google Play Store ("Google-Sourced Software"): (a) these Terms of Service are between you and allUP Labs Inc. only, not Google, Inc. ("Google"); (b) your use must comply with Google's then-current Google Play Terms of Service; (c) Google is only a provider of Google Play; (d) allUP Labs Inc., not Google, is solely responsible for the Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) Google is a third-party beneficiary of these Terms of Service as they relate to the Google-Sourced Software.
Intellectual Property Rights
Service Content
You acknowledge that the Service contains content and features ("Service Content") protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except your own User Content.
Trademarks
Really Great, the Really Great logo, allUP, and the allUP logo are trademarks and service marks of allUP Labs Inc. (collectively, the "Company Trademarks"). Other names and logos used on the Service may be trademarks of their respective owners, who may or may not be affiliated with us. Nothing in these Terms of Service grants any license or right to use any Company Trademarks without our prior written permission in each instance. All goodwill generated from use of the Company Trademarks inures to our exclusive benefit.
Third-Party Material
Under no circumstances will we be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage incurred as a result of its use. We do not pre-screen content, but we and our designees have the right (but not the obligation) in our sole discretion to refuse or remove any content available via the Service.
Your Content and Our License
You own your User Content. You represent and warrant that you own or have the necessary rights to your User Content, including the rights needed to record and share it (for example, that sharing it does not violate a confidentiality obligation to an employer).
You grant allUP Labs Inc. and its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (to our service providers, as needed to operate the Service, and as described in clause (d)) license to host, store, copy, transmit, display, perform, modify (for example, to transcribe, format, excerpt, or generate summaries and tags), distribute, and otherwise use your User Content (including User Content you made available before August 20, 2026, when the Service operated as allUP): (a) to operate, provide, improve, and develop the Service, including to train and improve our own machine-learning and artificial-intelligence models; (b) to display your User Content to others in accordance with your visibility settings; (c) to promote and market the Service, but only using User Content you have made public or with your consent; and (d) to create de-identified and aggregated data from your User Content (such as transcripts and other text with your name, contact details, and other identifying details removed, as well as tags, statistics, and other derived data) and to use, share, sell, and license that de-identified and aggregated data for any lawful purpose. We own the transcripts, tags, summaries, and other outputs our systems generate from your User Content, subject to your rights in the underlying User Content. This license does not include creating a synthetic or AI-generated replica of your voice or likeness; any such use requires your separate, specific, written consent.
This license ends when you delete the applicable User Content or your account, except that: (i) copies may persist in backups for up to 30 days before being purged; (ii) we may retain content as needed to comply with law, resolve disputes, and enforce our agreements; (iii) content already exchanged through an accepted introduction is not recalled from the recipient; and (iv) the rights granted in clause (d) with respect to de-identified and aggregated data created before deletion (including data already licensed), and the rights granted in clause (a) with respect to models already trained, survive deletion and are perpetual and irrevocable; deleted content is not un-learned by models already trained on it, though it is removed from future training. Anyone receiving de-identified data from us is contractually prohibited from attempting to re-identify it.
You also authorize us and our service providers to derive statistical and usage data relating to your use of the Service ("Usage Data"); we may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service ("Submissions") provided by you to us are non-confidential, and we will be entitled to unrestricted use and dissemination of Submissions for any purpose, without acknowledgment or compensation to you.
You acknowledge that we may preserve User Content and disclose it if required to do so by law or in the good-faith belief that preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its users, or the public.
Copyright Complaints
We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, notify our Copyright Agent at support@reallygreat.com (subject line: "DMCA Takedown Request") or by mail at: Copyright Manager, allUP Labs Inc., 8605 Santa Monica Blvd PMB 27963, West Hollywood, CA 90069-4109. We will process and investigate notices and take appropriate action under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual-property laws. To be effective, your notification must be in writing and contain: a physical or electronic signature of a person authorized to act on behalf of the owner; identification of the copyrighted work claimed to be infringed (or a representative list); identification of the allegedly infringing content and where it is located on the Service; your address, telephone number, and email address; a statement of your good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf.
Counter-Notice
If you believe your removed User Content is not infringing, or that you have authorization to use it, you may send our Copyright Agent a written counter-notice containing: your physical or electronic signature; identification of the removed content and where it appeared; a statement under penalty of perjury of your good-faith belief that the content was removed by mistake or misidentification; and your name, address, telephone number, email address, a statement that you consent to the jurisdiction of the federal court in the Central District of California, and a statement that you will accept service of process from the person who provided the original notification. If we receive a counter-notice, we may send a copy to the original complaining party and may replace or restore the content in ten (10) to fourteen (14) business days or more, at our sole discretion, unless the owner files an action seeking a court order.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users deemed to be repeat infringers.
Third-Party Services and Websites
The Service may provide links or access to third-party services, sites, technology, and resources ("Third-Party Services"), and you may enable or log in to the Service via third-party services such as Google or Apple. Your use of Third-Party Services may be subject to their own terms and privacy policies. We have no control over and are not responsible for Third-Party Services, including their accuracy, availability, reliability, or privacy practices. You are responsible for any costs associated with your use of Third-Party Services. Any dealings you have with third parties while using the Service are between you and the third party, and we will not be liable for any damage or loss caused or alleged to be caused by or in connection with Third-Party Services.
Indemnification
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the "Company Parties") from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your violation of these Terms of Service, or your violation of any rights of another, including, for Searchers, any claim arising out of your hiring decisions or your use of Candidate Information. If you use the Service as a member rather than a Searcher, your obligations under this section are limited to third-party claims arising out of your User Content or your violation of these Terms of Service. We will provide notice to you of any such claim, suit, or proceeding and reserve the right to assume the exclusive defense and control of any matter subject to indemnification under this section. You may not settle any claim against the Company Parties without our written consent.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICE, INCLUDING ANY AI-GENERATED TRANSCRIPTS, SUMMARIES, TAGS, OR SEARCH RESULTS, WILL BE ACCURATE OR RELIABLE; OR (D) ANY MEMBER WILL RECEIVE INTRODUCTIONS, INTERVIEWS, OFFERS, OR EMPLOYMENT, OR THAT ANY SEARCHER WILL IDENTIFY OR HIRE SUITABLE CANDIDATES.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING ANY SEARCHER OR MEMBER; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE COMPANY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED "INDEMNIFICATION," "DISCLAIMER OF WARRANTIES," AND "LIMITATION OF LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
(a) Agreement to Arbitrate. This section is referred to as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and the Company, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and the Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
(b) Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
(c) Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly by emailing support@reallygreat.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to the Company should be sent to allUP Labs Inc., 8605 Santa Monica Blvd PMB 27963, West Hollywood, CA 90069-4109 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either party will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which the party is entitled.
(d) Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. Information about the AAA Rules and fees is available at https://www.adr.org/consumer. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement controls unless the arbitrator determines that its application would not result in a fundamentally fair arbitration. The arbitrator must follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. Unless the parties agree otherwise, arbitration hearings will take place in a reasonably convenient location for both parties; if the parties cannot agree, the AAA will determine the location. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner of arbitration, the arbitrator will issue a reasoned written decision explaining the essential findings and conclusions on which any award is based.
(e) Costs of Arbitration. Payment of all filing, administration, and arbitrator fees ("Arbitration Fees") will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. To the extent Arbitration Fees are not specifically allocated under the AAA Rules, the parties will split them equally; provided that if you demonstrate to the arbitrator that you are economically unable to pay your portion, or the arbitrator otherwise determines you should not be required to, we will pay your portion. If you demonstrate that the costs of arbitration will be prohibitive compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Attorneys' fees will be governed by the AAA Rules.
(f) Confidentiality. The arbitrator's award, and any confidential business information or third-party personal information exchanged during the proceeding, will be kept confidential, except that a party may disclose the existence and outcome of its own proceeding, may make disclosures required by law, and may disclose what is reasonably necessary to enforce or challenge the award.
(g) Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection (b) above) is invalid or unenforceable, the parties agree to replace it with a valid and enforceable term that comes closest to the intent of the invalid provision, and this Arbitration Agreement will be enforceable as modified. If subsection (b) is found invalid or unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) will be severed and may be brought in a court of competent jurisdiction, and all other claims and requests for relief remain subject to this Arbitration Agreement; claims for public injunctive relief will proceed in court to the extent required for the enforceability of this provision. The remainder of these Terms of Service will continue to apply.
(h) Future Changes to Arbitration Agreement. Notwithstanding any provision to the contrary, if we make any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject the change by sending written notice to the Notice Address within thirty (30) calendar days of the change. By rejecting a change, you agree to arbitrate any dispute in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes).
(i) Your Right to Opt Out of Arbitration. You may opt out of this Arbitration Agreement entirely by sending written notice to the Notice Address within thirty (30) calendar days of the date you first accept these Terms of Service. If you opt out, neither party may compel the other to arbitrate, and the rest of these Terms of Service will continue to apply to you.
(j) Batch Arbitration. If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against the Company within ninety (90) days by or with the assistance of the same or coordinated counsel, the parties agree that the AAA's Mass Arbitration Supplementary Rules will apply, that the demands will be administered in batches of no more than fifty (50) with one arbitrator per batch, and that the parties will select bellwether proceedings and mediate the remaining demands, informed by the bellwether outcomes, before further batches proceed. This subsection (j) is severable from the rest of this Arbitration Agreement.
Termination
You may stop using the Service and delete your account at any time. You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or your use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if we believe you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Suspected fraudulent, abusive, or illegal activity may be referred to law enforcement. We may also discontinue providing the Service, or any part of it, with or without notice. Any termination of your access may be effected without prior notice, and you acknowledge that we may immediately deactivate or delete your account and all related information and files. If we terminate or delete your account, the same license-ending rules apply as if you had deleted it, except that we may retain content as needed to investigate and address the conduct that led to termination. We will not be liable to you or any third party for any termination of your access to the Service.
User Disputes
You are solely responsible for your interactions with other users of the Service, including any searcher or member you are introduced to and anything that follows from an introduction. We reserve the right, but have no obligation, to become involved in disputes between users.
General
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and the Company governing your access and use of the Service, and supersede any prior agreements between you and the Company with respect to the Service, including the allUP Terms of Service, except that if you validly rejected a change to the Arbitration Agreement as described above, the arbitration agreement you last accepted remains in effect between us and is not superseded. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and the Company submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles, California. Our failure to exercise or enforce any right or provision will not constitute a waiver. If any provision is found invalid by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where a longer period is required by applicable law. Nothing in these Terms of Service limits any right you may have under the California Consumer Privacy Act or any other law that cannot be waived by agreement. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings to the same extent as other business documents originally maintained in printed form. You may not assign these Terms of Service without our prior written consent, but we may assign or transfer them, in whole or in part, without restriction. Section titles are for convenience only. As used herein, "include" and "including" are deemed to be followed by "without limitation." Notices to you may be made via email, regular mail, or notices displayed on the Service. The sections that by their nature should survive termination of your account or of these Terms of Service do survive, including Your Content and Our License (as limited by its own termination rules), Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution by Binding Arbitration, and this General section. We will not be in default by reason of any failure or delay in performance due to circumstances beyond our reasonable control.
Questions? Concerns? Suggestions?
Contact us at support@reallygreat.com or by mail at allUP Labs Inc., 8605 Santa Monica Blvd PMB 27963, West Hollywood, CA 90069-4109 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.
California users: under California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.