Upslopeupslope
Terms of Service

Application Terms of Service

Effective: January 20, 2025

These Application Terms of Service (the “Terms”) govern your access to and use of the Upslope mobile application (the “App”) provided by Swamped, Inc. (“we”, “us”, “our”). These Terms supplement any other agreements you may have with us and together form the entire agreement regarding your use of the App.

If you are agreeing on behalf of a school, organization, or institution, you represent that you have the authority to bind that organization to these Terms.

1. License

We grant you a limited, non-exclusive, non-transferable license to install and use the App on devices you own or control, solely for your personal or educational use, subject to these Terms and our Privacy Policy.

2. User Eligibility

  • You must be at least 18 years old to create an Upslope account.
  • Children under 13 may not create accounts. Parents, guardians, and educators may upload and manage child/student information with appropriate consent.
  • You agree not to use Upslope for any commercial purpose outside of tracking learning for your household or educational environment.

3. Acceptable Use

You agree that you will not:

  • Copy, distribute, or exploit the App for commercial resale.
  • Upload content that is harmful, illegal, infringing, or violates others’ rights.
  • Interfere with the App’s operation or security.
  • Attempt to reverse-engineer, decompile, or modify the App’s underlying software.

4. Your Content & Ownership

  • You retain ownership of the photos, captions, and learning activity content you upload.
  • You grant Swamped, Inc. a limited license to store, process, and analyze your content solely to operate the App and provide its features (including AI-generated learning summaries).

5. Third-Party Service Providers

Swamped, Inc. uses trusted third-party providers for cloud storage, analytics, and AI processing. These providers may process your data on our behalf, only as needed to deliver the App and in accordance with our Privacy Policy.

We do not sell your personal information and do not share your data with advertisers.

6. Updates, Changes, and Availability

We may update or improve the App at any time, including adding or removing features. We may temporarily suspend access for maintenance, security, or operational reasons. We will make reasonable efforts to notify you of major changes.

7. Termination

You may stop using the App and request account deletion at any time. We will respond to account deletion requests within 30 days as described in our Privacy Policy. We may suspend or terminate your access if you violate these Terms or use the App unlawfully. Upon termination, you may request deletion of your data as described in our Privacy Policy.

8. Disclaimers & Limitation of Liability

The App is provided “as is” and “as available.” Swamped, Inc. makes no warranties about uninterrupted or error-free use.

To the maximum extent allowed by law:

  • We disclaim all implied warranties.
  • Swamped, Inc.’s total liability to you for any claim relating to your use of the App is limited to the amount you paid (if any) to use the App.

Some jurisdictions may not allow these limitations; some rights may still apply to you.

9. Account Security

You are responsible for maintaining the security of your account, including:

  • Keeping your password and account credentials confidential.
  • Not sharing your account with others.
  • Promptly notifying us at support@upslope.com if you suspect any unauthorized access to your account.

Swamped, Inc. is not liable for any loss or damage arising from your failure to maintain account security.

10. Intellectual Property

The App, including its design, features, functionality, and underlying technology, is owned by Swamped, Inc. and protected by copyright, trademark, and other intellectual property laws. The Upslope name and logo are trademarks of Swamped, Inc.

You may not use our trademarks, logos, or other proprietary information without our prior written consent. Your license to use the App does not grant you any ownership rights in the App or its components.

11. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Swamped, Inc. regarding your use of the App. These Terms supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.

12. Severability

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

13. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. You agree that any disputes will be resolved in the state or federal courts located in Travis County, Texas.

14. Changes to These Terms

We may update these Terms periodically. When we do, we will update the "Effective" date and notify you of significant changes through the App or email. Continued use of the App after updates means you accept the revised Terms.

15. Contact Information

For questions or concerns about these Terms, please contact: Swamped, Inc. Email: support@upslope.com