Terms of Service

Last updated: March 2026

These Terms of Service ("Terms") govern your use of the QUp mobile application ("App") and associated services provided by QUp ("we", "us", or "our"). By creating an account or using the App, you agree to these Terms.

1. Definitions

  • "App" refers to the QUp mobile application available on iOS and Android
  • "Service" refers to all features and functionality provided through the App
  • "User" refers to any individual who creates an account and uses the App
  • "Content" refers to queue reports, ratings, reviews, and other user-generated data
  • "QUp Pro" refers to the premium subscription tier
  • "AI Features" refers to artificial intelligence-powered functionality including queue photo analysis and automated content moderation

2. Scope of Services

QUp provides the following services:

  • Real-time queue and crowd level reporting for venues
  • Venue discovery and information based on your location
  • Gamification features including points, levels, streaks, badges, and leaderboards
  • Social features including user profiles and activity sharing
  • Accessibility information for venues
  • AI-assisted queue photo analysis for estimating wait times and crowd levels
  • Automated content moderation of uploaded images
  • Premium features through QUp Pro subscription

3. Account Registration

To use QUp, you must:

  • Be at least 16 years of age
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access to your account

You may register using email/password or through third-party authentication providers (Google, Apple). You are responsible for all activity that occurs under your account.

4. User Obligations

When using QUp, you agree to:

  • Submit accurate and truthful queue reports
  • Not manipulate or abuse the gamification system
  • Not create multiple accounts to gain unfair advantages
  • Not use the App for any unlawful purpose
  • Not attempt to interfere with or disrupt the Service
  • Not upload content designed to circumvent or manipulate the automated content moderation system
  • Not scrape, harvest, or collect data from the App without authorization
  • Respect other users and venue operators

5. User Content

By submitting Content (queue reports, ratings, etc.), you grant QUp a non-exclusive, worldwide, royalty-free license to use, display, and distribute such Content within the App and on our Website for the purpose of providing and improving our services. You retain ownership of your Content but acknowledge that queue reports may be aggregated and anonymized for statistical purposes. We reserve the right to remove Content that violates these Terms, including through automated content moderation as described in Section 6.

6. AI-Assisted Features

Queue Photo Analysis

When you submit a queue report with a photo, QUp may use artificial intelligence (Google Gemini) to analyze the image and suggest a crowd level and estimated wait time. You acknowledge that:

  • AI suggestions are estimates based on image analysis and are not guarantees of actual wait times or crowd conditions
  • You are responsible for reviewing and, if necessary, correcting AI suggestions before submitting your report
  • AI analysis accuracy may vary depending on image quality, lighting, angle, and other factors
  • QUp is not liable for decisions you or others make based on AI-generated estimates

Automated Content Moderation

All images uploaded to QUp (including queue report photos, venue photos, and profile pictures) are automatically analyzed for compliance with our content policies. You acknowledge that:

  • Content may be automatically flagged, restricted, or removed if it is determined to violate our policies
  • Prohibited content includes but is not limited to: weapons, drugs or drug paraphernalia, hate symbols, self-harm imagery, terrorism or extremist content, illegal activity, child exploitation, and graphic violence
  • Automated moderation decisions are made in real-time when content is uploaded
  • False positives may occur; if your content is incorrectly flagged, you may request a human review by contacting us at queueuplive@gmail.com

AI Limitations

AI features are provided to enhance the user experience but are subject to the following limitations:

  • AI-generated content (wait time estimates, crowd levels) should not be relied upon as the sole basis for any decision
  • AI features may be modified, improved, or discontinued at any time
  • AI processing is performed server-side by third-party services (Google) and is subject to their availability
  • We do not use your data to train or improve AI models

Contesting Automated Decisions

If you believe your content was incorrectly flagged or removed by our automated moderation system, you may contest the decision by emailing queueuplive@gmail.com with a description of the content and the reason you believe the decision was incorrect. We will conduct a human review and respond within 14 days.

7. QUp Pro Subscription

  • QUp Pro is a premium subscription offering additional features
  • Subscriptions are managed through Apple App Store or Google Play Store
  • Payment is charged to your App Store/Play Store account
  • Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current period.
    To cancel on iOS: open Settings → [your name] → Subscriptions.
    To cancel on Android: open Google Play → Profile icon → Payments & subscriptions → Subscriptions.
  • Refunds are handled by the respective app store according to their policies
  • We reserve the right to change subscription pricing with reasonable notice

8. Right of Withdrawal (EU Consumers)

If you are a consumer in the EU, you have the right to withdraw from your QUp Pro subscription within 14 days of purchase without giving any reason. By beginning to use the digital content, you acknowledge that you lose your right of withdrawal once the service has been fully provided. Refunds for the withdrawal period are handled through the respective app store (Apple App Store or Google Play Store).

9. Intellectual Property

The App, including its design, code, features, and branding, is the intellectual property of QUp and is protected by applicable copyright and trademark laws. You may not copy, modify, distribute, or create derivative works based on the App without our prior written consent.

10. Disclaimer of Warranties

QUp is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee the accuracy of queue reports or venue information, as this data is user-generated. AI-generated suggestions, including wait time estimates and crowd level assessments, are approximations and are not guaranteed to be accurate. We do not warrant that the Service will be uninterrupted, secure, or error-free. Use of the App is at your own risk. Nothing in these Terms excludes or limits any mandatory warranty rights you may have under the consumer protection laws of your country of residence within the EU.

11. Limitation of Liability

To the maximum extent permitted by law, QUp shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App. Our total liability for any claim related to the Service shall not exceed the amount you paid for QUp Pro in the 12 months preceding the claim, or EUR 100, whichever is greater. This limitation does not apply to liability which cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or intentional misconduct.

12. Account Termination

We may suspend or terminate your account if you:

  • Violate these Terms of Service
  • Submit false or misleading queue reports repeatedly
  • Abuse the gamification system or engage in fraudulent activity
  • Engage in behavior that harms other users or the Service
  • Repeatedly upload content that violates our content policies as determined by automated moderation

You may delete your account at any time via Profile → Settings → Danger Zone → Delete Account. Upon termination, your data will be handled in accordance with our Privacy Policy.

13. Data Protection

Your use of QUp is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using the App, you consent to the data practices described therein.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated through the App or via email at least 30 days before they take effect. If you do not agree with the changes, you may terminate your account before the changes take effect. For changes that require your active consent under applicable law, we will request it explicitly.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of Austria. Disputes shall be subject to the jurisdiction of the courts of Innsbruck, Austria. If you are a consumer within the EU, you may also bring proceedings in the courts of your country of residence, and any mandatory consumer protection rights under local law shall apply.

The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obligated and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.

16. Force Majeure

QUp is not liable for delays or failures in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, internet outages, or third-party service failures.

17. Contact

For questions about these Terms, contact us at queueuplive@gmail.com.