Terms of Service

Last updated: June 4th, 2025

These Terms of Service (“Terms”) form a legally binding agreement between you and Upstreamed, Inc. (“Upstreamed,” “we,” “us,” or “our”). By clicking “Sign Up for Free”, creating an account, or accessing the Upstreamed website, applications, or services (collectively, “Services”), you confirm that you’ve read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Services.

1. Key Definitions

• Registered User: Anyone who creates an Upstreamed account.
• Verified User: A Registered User whose professional credentials (e.g., NPI, license, academic credentials) are verified by Upstreamed.
• User Content: Content submitted by users (e.g., posts, articles, labels, endorsements).
• Upstreamed Content: All content created or provided by Upstreamed.
• Subscribers: Users who pay to access content from another user.
• Services: All features, functionality, apps, content, and offerings provided by Upstreamed.

2. Important Disclaimer

• Not Medical Advice: The platform is for professional communication and peer collaboration. It does not offer diagnosis or treatment recommendations.
• No Doctor–Patient Relationship: Using the platform does not create a provider–patient or similar clinical relationship.

3. Account Registration and Verification

• Minimum Age: You must be at least 18 years old.
• Accurate Information: You agree to provide and maintain accurate information.
• Verification: Some features (e.g., peer review, co-authorship, anonymous posting) require identity and professional verification. This may become mandatory.
• Security: You’re responsible for safeguarding your login credentials.

4. Licenses and Acceptable Use

Upstreamed grants you a non-exclusive, revocable license to use the Services for their intended purpose.

You agree not to:

• Violate HIPAA, GDPR, or other data protection and healthcare regulations
• Use the platform to harass, impersonate, mislead, or spread disinformation
• Scrape or attempt to reverse engineer any part of the platform
• Circumvent access restrictions or monetize content that is not yours

5. Subscription Plans and Payments

• Plans: Free (Basic), Creator, and Expert plans are available.
• Paid Features: Some features require a subscription. Details are shown before upgrade.
• Dynamic Pricing:: Creators may set subscription rates (e.g., $5–$50/month or $50–$500/year).
• Payment Processor: Stripe handles all payments. You agree to Stripe’s terms.
• Payouts: Revenue is paid out regularly via Stripe Connect Express.
• Fees: Upstreamed retains a platform fee (typically 5–8%) on each transaction.
• Refunds:: All payments are non-refundable unless otherwise required by law.

6. Content Ownership and Licensing

• User Content: You retain ownership. However, by posting, you grant Upstreamed a non-exclusive, royalty-free, perpetual, worldwide license to display, distribute, modify, and use your content to operate and promote the platform.
• Feedback: You grant Upstreamed rights to use any feedback or suggestions you provide.
• Responsibility: You are solely responsible for your content. Do not post content that infringes others’ rights or violates laws.

7. Anonymity Feature

Certain verified users with paid plans may post anonymously. While your name is hidden:

• Your profession and specialty may still be visible.
• Upstreamed administrators always retain access to your identity.
• We do not guarantee complete anonymity, and you agree not to hold Upstreamed liable for identity disclosures or de-anonymization (accidental or malicious).

8. Community Standards and Behavior

All users must:

• Maintain a professional tone and conduct
• Avoid spreading misinformation
• Respect patient confidentiality and privacy (e.g., no identifiable patient data)
• Refrain from hate speech, harassment, or exploitation

Violations may lead to content removal, suspension, or termination.

9. Boosts, Promotions, and Paid Visibility

• Boosts promote your content to a wider or targeted audience.
• Boost fees are non-refundable and are billed per impression goal.
• Only non-anonymous content is eligible for boosting.

10. Fair Use Policy

We reserve the right to monitor usage and enforce limits for platform stability. Abuse or excessive use may lead to additional charges or feature restrictions.

11. Account Deletion and Retention

• You may delete your account at any time via your settings.
• Deletion is subject to a 30-day archive period during which you may request reactivation.
• Some data may be retained for legal or operational purposes.

12. Privacy and Data Protection

• Your data is handled in accordance with our Privacy Policy.
• We use appropriate technical and organizational safeguards.
• Personal data may be stored or processed in the U.S. or other jurisdictions.
• We comply with relevant privacy laws (e.g., HIPAA, GDPR, CCPA).

13. Liability and Disclaimers

• No Warranties: The Services are provided “AS IS” and “AS AVAILABLE.”
• No Guarantees: We do not guarantee uptime, profitability, content accuracy, or outcomes.
• Limited Liability: Our liability is limited to the greater of fees paid by you in the past 12 months or $500 USD.
• Indemnification: You agree to indemnify Upstreamed and its affiliates against any claims, damages, or losses arising from your content or use of the platform.

14. Dispute Resolution

• Informal Resolution First: Contact us to resolve issues before initiating legal action.
• Mediation: If unresolved, the parties agree to pursue non-binding mediation (shared cost).
• Binding Arbitration: Unresolved disputes shall proceed to binding arbitration under ICC rules in Delaware or Maryland.
• Class Action Waiver: You waive the right to join class or consolidated actions.
• One-Year Limit: All claims must be filed within 12 months of the incident.

15. Dispute Resolution

Upstreamed may update these Terms at any time. If changes are material, we will notify you via email or platform notice.

Continued use after the effective date of changes constitutes acceptance of the new Terms.

16. Miscellaneous

• Entire Agreement: These Terms (plus our Privacy Policy) form the complete agreement between you and Upstreamed.
• No Waiver: Failure to enforce any provision does not waive our right to enforce it later.
• Severability: If any part of these Terms is invalid, the rest remains in effect.
• Assignment: You may not assign your rights. We may assign ours at our discretion.
• Force Majeure: We are not liable for events outside our reasonable control (e.g., natural disasters, cyberattacks, war, regulatory shutdowns).
• No Agency: These Terms do not create an agency, employment, or partnership relationship.

17. Contact

If you have any questions or concerns, contact us at:

Upstreamed, Inc.
Email: [email protected]

By creating an account or continuing to use Upstreamed, you acknowledge that you’ve read, understood, and agreed to these Terms in full.