Age Restriction & COPPA Compliance Policy

Legal Framework & Citations

1.1 Primary Legal Frameworks

This policy reflects our good-faith approach to the following federal, state, and international minor-privacy and age-restriction frameworks. Some are in active litigation or evolving; we monitor developments and adjust practices as needed.

Note. Several U.S. state age-verification and parental-consent laws face ongoing First-Amendment, Commerce-Clause, or preemption challenges. Where a law is enjoined or stayed, Upmos applies our COPPA-compliant baseline and monitors court rulings for updates. This table is not exhaustive and omits country- or state-level rules that do not directly apply to our e-commerce service.

1.2 FTC COPPA Safe Harbor Program

1.3 Regulatory Penalties

COPPA violations carry significant legal and financial penalties:

• Civil Penalties: Up to $50,120 per violation (adjusted annually)
• FTC Enforcement: Cease and desist orders, consent decrees
• State Actions: Attorney General enforcement under state consumer protection laws
• Private Actions: Class action lawsuits for privacy violations
• Reputational Damage: Brand integrity and consumer trust erosion

Age Tiers & Restrictions

2.1 Multi-Tier Age Framework

Upmos operates a four-tier age framework that reflects the core COPPA under-13 prohibition plus a “middle tier” for teens aged 13–17 based on the emerging U.S. state-law consensus (CA AADC, CA SB 976, TX SCOPE, NY SAFE, CT Kids Online Safety, FL HB 3) and international frameworks (UK Children’s Code, EU DSA Art. 28).

2.2 Account Creation Workflow

Data Minimization & Prohibited Collection

Upmos does not direct its service at children under 13 and, in good faith, does not knowingly collect personal information from children under 13. If we learn that we have inadvertently collected personal information from a child under 13, we delete that information promptly and, where contact information is known, notify the parent or legal guardian.

3.1 “Personal Information” under COPPA (as Amended 2025)

Per the FTC COPPA Rule (16 CFR § 312.2), as amended in 2025, “personal information” includes:

• First and last name
• Home or other physical address (including street name and city or town)
• Online contact information (email, messaging IDs, usernames/handles that function as contact)
• Telephone number
• Social Security number
• Persistent identifiers used to recognize the user over time and across different online services (cookies, IP addresses, device IDs, unique device serial numbers, processor or device serial numbers)
• Photographs, videos, and audio files (including voice recordings) containing a child’s image or voice
• Geolocation information sufficient to identify street name and city or town
• Biometric identifiers (fingerprints, voiceprints, retina/iris scans, facial-geometry scans, DNA, and genetic information) — expressly added by the 2025 amendments
• Inferred data and profile information about the child (per the 2025 amendments)
• Any other information concerning the child or the parents that could reasonably be combined to identify or profile the child

3.2 Third-Party Disclosures — New Separate-Consent Requirement

Under the 2025 FTC COPPA Rule amendments, even where we have parental consent to collect personal information from a child, we must now obtain separate verifiable parental consent before disclosing that information to third parties for purposes unrelated to the service. Upmos’s default is to not share known-minor personal information with third parties for targeted advertising, behavioral profiling, or cross-context behavioral advertising under any circumstances.

3.3 Retention & Deletion

Information collected from children under 13 (including the limited set allowed by the “internal-operations” exception) is retained only as long as reasonably necessary to fulfill the purpose for which it was collected, after which it is deleted using standard secure-deletion practices. Parents and guardians may request deletion at any time via compliance@upmos.com.

Age Verification & Verifiable Parental Consent (VPC)

Upmos uses a layered approach to age verification that balances accuracy with data minimization. We do not require more identification than is reasonably necessary for the purpose at hand, and we do not retain verification artifacts (e.g., ID images, facial scans) longer than needed for compliance and legal hold.

4.1 Age Signals at Sign-up

• Self-declared date of birth with server-side validation (rejects impossible or under-13 dates).
• Email confirmation to establish a working contact point.
• Behavioral signals: where an account’s activity is materially inconsistent with declared age (for example, signals commonly associated with younger users), we may prompt for additional verification or restrict access until resolved. We do not use these signals to build advertising profiles of known minors.

4.2 FTC-Approved Verifiable Parental Consent (VPC) Methods

Where verifiable parental consent is required (for users age 13–15 and certain disclosures under the 2025 FTC amendments), Upmos supports the following methods, all currently recognized by the FTC or its COPPA-Rule list of approved methods. The method used is selected based on the sensitivity of the processing and the parent’s preference.

4.3 Parent/Guardian Notice

When VPC is triggered, the parent or guardian receives a clear, plain-language notice explaining: (a) what personal information will be collected from the child, (b) how it will be used and disclosed (if at all), (c) the parent’s rights under COPPA (review, correct, delete, refuse further collection), (d) how to exercise those rights, and (e) how to withdraw consent. A copy of the notice and the verification receipt is available in the parent’s account.

Age-Gated Product Matrix

Certain product categories on UPMOS require age verification at checkout and, in many cases, an adult-signature-on-delivery requirement. The specific minimum age depends on federal law, state or provincial law, and the product’s SKU classification. Where federal and state laws conflict, the more protective standard applies. Sellers are required to classify listings correctly; misclassified listings may be removed and seller accounts may be suspended.

5.1 Age-Restricted Category Reference

Table is illustrative. Actual age-gating, shipping eligibility, and verification standard are applied at the SKU level based on product classification, destination jurisdiction, and applicable law at the time of sale. Listings that misrepresent age-restricted status are subject to removal.

Seller & Vendor Obligations

All marketplace sellers must comply with Upmos age restriction policies and maintain their own COPPA compliance programs.

6.1 Seller Requirements

• Acknowledge and agree to Upmos COPPA policy
• Properly categorize age-restricted products
• Maintain accurate product descriptions including age restrictions
• Respond to compliance inquiries within 24 hours
• Report suspected underage users or violations immediately

6.2 Seller Consequences for Non-Compliance

Sellers who violate our age-restriction or minor-privacy rules are subject to graduated enforcement at Upmos’s discretion, which may include warnings, mandatory compliance training, listing removal, account suspension, forfeiture of pending payments (subject to applicable consumer-protection and payment-services law), and permanent account termination. Severity of enforcement is calibrated to the nature and recurrence of the violation.

Enforcement & Internal Accountability

Upmos maintains strict enforcement procedures for COPPA violations and age restriction breaches.

7.1 User Account Violations

7.2 Internal Accountability

Upmos employees and contractors who fail to follow COPPA compliance procedures face:

• Mandatory retraining and probationary status (first offense)
• Written warning and performance improvement plan (second offense)
• Termination of employment (third offense or willful violation)

Parental & Guardian Rights

Parents and legal guardians have comprehensive rights regarding their children’s information and account access.

8.1 Parental Rights Under COPPA

• Right to Review: Access all personal information collected from their child
• Right to Delete: Request deletion of child’s personal information
• Right to Refuse: Refuse further collection or use of child’s information
• Right to Notification: Receive notice of any material policy changes

8.2 Parental Control Portal

Access our 24/7 parental control portal at upmos.com/contact to:

• Review account activity and purchase history
• Set spending limits and purchase restrictions
• Receive real-time alerts for account activity
• Request data deletion or account termination
• Update parental consent preferences

Algorithmic Recommendations & Dark Patterns

Where Upmos uses algorithmic recommendations (for example, on product-detail pages, in search results, or in personalized email), we apply additional restrictions for known minors consistent with the California Age-Appropriate Design Code, California SB 976, the Texas SCOPE Act, the New York SAFE for Kids Act, the Connecticut Kids Online Safety Act, and the EU Digital Services Act Article 28.

9.1 Restrictions for Known Minors (Under 18)

• No cross-context behavioral advertising. We do not use minors’ browsing, purchase, or cart data to serve targeted advertising across other sites or apps.
• No “addictive feed” design patterns. We do not serve minors infinite-scroll, autoplay-by-default, or algorithmically-personalized content streams where prohibited by SB 976, the NY SAFE for Kids Act, or similar laws.
• Default high-privacy settings. Minor accounts are initialized with the most privacy-protective settings available (location off, personalization off, third-party-sharing off) per the UK Children’s Code and California AADC.
• No algorithmic amplification of harmful content. Content reasonably likely to cause material physical, emotional, developmental, or material harm to minors (as defined by applicable state law, e.g., TX SCOPE) is excluded from recommendation surfaces presented to minors.

9.2 Prohibited Dark Patterns

On surfaces presented to known minors, Upmos does not use user-interface patterns designed to impair autonomy, decision-making, or informed consent, including:

• Pre-checked boxes for consent, data-sharing, or purchase upsells
• Visual misdirection that obscures decline/opt-out controls (asymmetric button styling beyond accessibility rules)
• Confirmshaming language designed to pressure acceptance
• Nagging, forced action, or repeated re-prompts for previously declined consent
• “Roach-motel” unsubscribe / account-close flows
• Time-pressure countdowns that manufacture urgency for non-urgent decisions

These restrictions apply in addition to the dark-patterns prohibitions already in the California CPRA (§ 1798.140(h)) and the FTC’s Click-to-Cancel Rule.

No Sale or Share of Minors’ Personal Information

Upmos does not sell or share the personal information of any user we know to be under 18 for cross-context behavioral advertising, profile-building, or data-broker purposes. This baseline applies worldwide and is stricter than what some state privacy laws alone require.

10.1 Specific U.S. State-Law Compliance

• California CPRA — Cal. Civ. Code § 1798.120(c): opt-in required to sell/share data of known under-16 consumers; Upmos defaults to no sale or share regardless of opt-in.
• Virginia VCDPA, Colorado CPA, Utah UCPA, Connecticut CTDPA, Texas TDPSA: heightened consent for processing of known-minors’ personal data; no targeted advertising to minors.
• Data-broker registration laws (California, Vermont, Oregon, Texas): Upmos is not a registered data broker and does not sell consumer personal information in a manner that would trigger data-broker registration.

10.2 Children’s Advertising Review Unit (CARU)

Upmos follows CARU’s Self-Regulatory Guidelines for Advertising and Privacy to Children in marketing that may reach minors, including restrictions on unfair or deceptive advertising, influencer disclosures for child audiences, and limits on in-app purchase prompts.

Technical & Organizational Security

Upmos implements enterprise-grade security controls to protect user data and enforce age restrictions.

Upmos implements enterprise-grade security measures to protect the data of all users, with heightened safeguards for any information related to minors. Our security architecture is built on a zero-trust model with defense-in-depth strategies, including end-to-end encryption, role-based access controls, and continuous threat monitoring. All systems processing COPPA-related data undergo regular penetration testing and vulnerability assessments conducted by independent security firms.

11.1 Security Certifications

• ISO 27701: Privacy Information Management System
• SOC 2 Type II: Security and availability controls
• PCI DSS: Payment card data security

11.2 Data Protection Measures

• End-to-end encryption for data in transit (TLS 1.3)
• AES-256 encryption for data at rest
• Database-level constraints preventing under-13 data storage
• Automated data retention and deletion policies
• Regular penetration testing and vulnerability assessments

Audit Trail, Breach Notification & Reporting

Upmos maintains comprehensive audit trails and transparency reporting for all COPPA-related activities.

Audit Logging

• Tamper-evident audit logs of access to minors’ personal information
• Automated monitoring and alerting for anomalous access patterns
• Periodic internal compliance reviews
• Independent security review, where engaged

Breach Notification

In the event of a data security incident involving personal information of a known minor, Upmos follows applicable federal and state breach-notification laws (for example, state data-breach statutes, FTC Health Breach Notification Rule where applicable, and equivalent international regimes such as GDPR Art. 33–34 and Canadian PIPEDA s. 10.1). Notification timing and content comply with the shortest applicable statutory deadline and are made to affected individuals, parents/guardians where feasible, and appropriate regulators.

Transparency

Upmos may publish aggregated, non-identifying transparency metrics about this program. Availability of any specific metric depends on operational readiness and is not guaranteed.

Independent Review & Safe Harbor

Upmos partners with certified third-party organizations to validate and audit our COPPA compliance program.

Upmos engages independent third-party auditors and compliance experts to verify our adherence to COPPA requirements and age restriction policies. These external reviews provide an objective assessment of our data collection practices, parental consent mechanisms, and data security measures. Audit findings are reviewed by our compliance team and executive leadership, with corrective actions tracked through formal remediation plans.

FTC Safe Harbor Program (Status)

Upmos is evaluating admission into the FTC COPPA Safe Harbor Program through an approved self-regulatory organization (for example, iKeepSafe, PRIVO, kidSAFE, ESRB Privacy Certified, or TRUSTe). Upon admission, we will disclose the certifying organization, certificate identifier, and renewal cycle on this page. Until then, our program operates on a self-assessment basis against COPPA and the 2025 Rule amendments.

Review Cadence (Target)

Upmos aims to conduct or engage reviews on the target cadences below. Actual timing may vary based on scope and auditor availability; material deviations are reflected in our annual transparency reporting.

• Target at least annually: Independent COPPA / minor-privacy compliance review.
• Periodic: Security penetration testing and vulnerability review.
• Where engaged: Certification renewals (e.g., SOC 2, ISO 27001 / 27701) on the certifier’s required cycle.

International Compliance

Upmos complies with international child privacy regulations across all jurisdictions where we operate.

While COPPA is a United States federal law, Upmos recognizes that child privacy protection is a global concern and strives to meet or exceed the requirements of international data protection frameworks. Our platform is designed to accommodate varying age-of-consent thresholds across jurisdictions and applies the most protective standard when serving users from multiple regions.

While COPPA is a United States federal law, UPMOS recognizes that child and teen privacy is a global concern and works to align with the regimes that most commonly apply to our users. Where we have actual knowledge of a user’s jurisdiction, we apply the more protective of the U.S. COPPA baseline and the applicable local rule.

Key International Frameworks

Global Age-of-Majority Reference

When users access UPMOS from outside the United States, additional or different age thresholds may apply. The table below summarizes the digital-consent age (the age at which a user can consent to data processing without a parent) and, where relevant, the general age of majority. This is a convenience reference and is not legal advice; applicable law in your jurisdiction controls.

Table is illustrative and may not reflect the most recent legislative or regulatory change in any given jurisdiction. Where UPMOS has actual knowledge of a user’s country of residence, we apply the more protective of the U.S. COPPA baseline and the local digital-consent rule.

Parent/Guardian Education & Resources

Upmos provides comprehensive educational resources to help parents and guardians protect their children online.

16.1 Educational Resources

• COPPA Guide for Parents: Comprehensive overview of rights and protections
• Digital Safety Tips: Best practices for monitoring children’s online activity
• Age-Appropriate Content Guide: Recommendations by age group
• Privacy Settings Tutorial: Step-by-step guide to parental controls

16.2 External Resources

• FTC COPPA Information: www.ftc.gov/coppa
• Common Sense Media: www.commonsensemedia.org
• Internet Safety Resources: www.staysafeonline.org

Accessibility & Inclusive Design

Upmos is committed to ensuring that our age verification systems and COPPA compliance features are fully accessible to all users, including parents and guardians with disabilities. Our platform is designed to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards, ensuring that parental consent forms, age gates, and verification workflows are operable by users of all abilities.

17.1 Assistive Technology Compatibility

All age verification prompts, parental consent forms, and COPPA-related notifications are built with semantic HTML and ARIA attributes to ensure compatibility with screen readers and other assistive technologies. We regularly test our compliance features with leading screen readers including NVDA, JAWS, VoiceOver, and TalkBack to verify that all interactive elements are properly announced and operable.

17.2 Keyboard & Navigation Accessibility

Our age verification dialogs and parental consent workflows are fully keyboard-accessible. Users can navigate through all form fields using the Tab key, activate buttons with Enter or Space, and close or dismiss modal dialogs using the Escape key. Focus management ensures that when a dialog opens, focus moves to the first interactive element, and when it closes, focus returns to the triggering element. All interactive components include visible focus indicators for users who navigate without a mouse.

17.3 Visual & Display Accessibility

Upmos supports a dark mode display option for reduced eye strain during extended browsing sessions. Our dark mode implementation adjusts background colors, text contrast, and border styling across all COPPA compliance interfaces while maintaining WCAG-compliant contrast ratios. Age verification prompts, consent forms, and compliance notices are all fully styled in both light and dark mode to ensure readability. Text can be resized up to 200% without loss of content or functionality, and our color choices ensure that information is never conveyed by color alone.

17.4 Multilingual & Cognitive Accessibility

Parental consent notices and age verification instructions are written in clear, plain language at an 8th-grade reading level to maximize comprehension. Critical compliance information is presented using both text and visual indicators such as icons and color badges. We provide step-by-step guidance for parents navigating the verification process and offer multiple contact channels for support, including phone, email, and live chat assistance.

School, District & Teacher-Authorized Use

Where Upmos’s services are used in a school, district, or classroom setting in the United States, we follow the FTC’s guidance that a school may serve as the agent of the parent for the limited purpose of authorizing the collection of personal information from a child for a service that operates solely to support the school’s internal educational operations.

School Consent Exception (COPPA)

• Use must be directed by the school, district, or teacher acting within the scope of their role.
• Information collected is used only for the requested educational purpose and not for commercial purposes unrelated to that purpose (including behavioral advertising).
• We contractually require the school-user to provide notice to parents where required and to obtain any additional consents that apply under state law, FERPA, or local policy.
• We will, on request, provide schools with a description of the types of personal information collected, how it is used, and the school’s right to review and delete that information.

FERPA & Student Educational Records

Where Upmos acts as a “school official” with a legitimate educational interest under FERPA (20 U.S.C. § 1232g; 34 CFR Part 99), we handle education records under the school’s direct control, do not use those records for any purpose other than the one authorized, and do not re-disclose them except as FERPA permits.

Contracted-Service Terms for Schools

Schools and districts may request our standard Student Data Privacy Agreement (SDPA) or sign a mutually acceptable data-processing addendum before deployment. Contact compliance@upmos.com with the subject line “School DPA Request.”

Removal of Minor-Uploaded Content & Takedown Procedure

Upmos provides a dedicated procedure for the prompt removal of user-generated content (images, video, audio, text, product listings, reviews) that depicts, was uploaded by, or concerns an identifiable minor, where removal is requested by a parent, guardian, the minor themselves (if 13–17), a school or law-enforcement agency acting in the minor’s interest, or under any applicable “eraser” or right-to-be-forgotten law.

How to Submit a Removal Request

• Email: compliance@upmos.com with the subject line “Minor Content Removal Request.”
• Include: the specific URL(s) of the content, a description of the content, the minor’s relationship to the submitter, and a sworn statement (under penalty of perjury) that the submitter is authorized to request the removal.
• Urgent safety concerns (imminent harm, exploitation, or illegal content): include “URGENT” in the subject line. These are routed to our trust-and-safety on-call.

Response & Appeal

• We aim to acknowledge requests within 2 business days.
• We aim to make a removal decision within 10 business days of receiving a complete request, and sooner for urgent safety requests.
• If we decline to remove content, we will explain our reasoning and provide a written appeal path to legal@upmos.com. Appeals are reviewed within 15 business days.
• Nothing in this procedure limits any statutory right (including under COPPA § 312.6, the California “eraser” law (Cal. Bus. & Prof. Code § 22581), GDPR Art. 17, or the UK Children’s Code).

Imagery of Child Sexual Abuse (CSAM) and Other Illegal Content

Upmos has zero tolerance for content that sexually exploits or endangers minors. Any such content is removed on discovery and is reported to the National Center for Missing & Exploited Children (NCMEC) CyberTipline in accordance with 18 U.S.C. § 2258A, and to law enforcement as required. We preserve relevant records for the period required by law to support investigation.

Emergency-Use Disclosure & Judicial Process

Under 16 CFR § 312.5(c)(1), COPPA permits narrow, limited collection and use of a child’s personal information without prior verifiable parental consent for one-time response to a specific request, to protect the safety of a child, to respond to judicial process, or to the extent permitted under other federal laws (such as 18 U.S.C. § 2258A regarding reporting of child-exploitation imagery).

Upmos will rely on these exceptions only where strictly necessary to protect a child’s safety or to comply with a binding legal request, and we document any use of them. We never use such information for marketing, profiling, or commercial purposes.

Frequently Asked Questions

For Parents & Guardians

For Teen Users (13–17)

For Sellers & Schools

Governing Law & Jurisdiction

This Policy and any disputes arising out of or related to it or the Services shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Nothing in this Section limits the protections provided to minors, parents, or guardians by any mandatory federal, state, or foreign law.

Exclusive Venue

Any legal action or proceeding arising under this Policy shall be brought exclusively in the federal or state courts located in Harris County, Texas. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts, subject to the non-waiver of statutory rights in Section 18.

Informal Dispute Resolution

Before initiating any legal claim, you agree to first attempt to resolve the dispute informally by contacting legal@upmos.com. If the dispute is not resolved within 30 days, either party may proceed with formal resolution as provided herein.

Binding Arbitration & Minor-Rights Carve-Out

Any dispute, claim, or controversy arising out of or relating to this Policy or the Services that is not resolved informally shall, subject to the opt-out and carve-outs below, be submitted to binding individual arbitration administered by the American Arbitration Association (“AAA”) in Houston, Texas. Arbitration may proceed by telephone, video, or written submission at the consumer’s election.

Minor-Rights & Statutory Carve-Out

Rules

The AAA Consumer Arbitration Rules govern consumer disputes; the AAA Commercial Arbitration Rules govern business-to-business disputes. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs interpretation and enforcement.

Delegation

The arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except for the statutory-rights carve-out above, which is preserved for the courts or the applicable regulator.

Mutuality & Injunctive Relief

Both Upmos and you are bound by this arbitration agreement. Either party may nonetheless bring an individual action in court to seek injunctive or equitable relief to prevent infringement or misappropriation of intellectual-property rights, trade secrets, data-security obligations, or confidentiality.

Fees

For consumer claims under $10,000, Upmos will pay all AAA filing and administrative fees beyond the consumer’s first $200 filing fee. Each party bears its own attorneys’ fees, except as otherwise required by the AAA Rules or any applicable fee-shifting statute.

30-Day Opt-Out

You may opt out of this arbitration agreement within 30 days of first accepting this Policy (or within 30 days of the effective date of this revision, whichever is later) by sending written notice to legal@upmos.com or by mail to Upmos Inc., Attn: Legal – Arbitration Opt-Out, 9896 Bissonnet St, Houston, TX 77036. Your opt-out notice must include your full name, account email, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of this Policy.

Class-Action Waiver

YOU AND UPMOS AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative proceeding. If the class-action waiver is found unenforceable as to any claim, that claim (and only that claim) shall proceed in court, and all other claims shall proceed in arbitration. Where a claim proceeds in court, you and Upmos each waive any right to a jury trial, subject to applicable law.

Small-Claims Exception

Notwithstanding the above, either party may bring an individual action in small-claims court for disputes within the jurisdictional limits of such court.

Limitation of Liability

Consequential Damages Exclusion

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPMOS INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including loss of profits, revenue, or business opportunities; loss of data or data corruption; loss of goodwill or reputation; cost of substitute services; or business interruption — whether based on warranty, contract, tort (including negligence), strict liability, or any other theory, even if Upmos has been advised of the possibility of such damages.

Aggregate Liability Cap

Upmos Inc.’s total aggregate liability to you for all claims arising out of or related to this Policy or the Services shall not exceed the greater of: (a) the amounts you have paid to Upmos in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100 USD).

Essential Purpose & Basis of the Bargain

The limitations in this Section apply even if any limited remedy fails of its essential purpose. You acknowledge that Upmos has set its fees and entered into this agreement in reliance upon these limitations, and that they form an essential basis of the bargain between the parties. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the fullest extent permitted by law.

Carve-Outs

Nothing in this Section limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; (d) any non-waivable rights under COPPA, the FTC Act, the California CPRA or AADC, state comprehensive privacy laws (VCDPA, CPA, UCPA, CTDPA, TDPSA), the Illinois BIPA, GDPR, the UK Children’s Code, or any other applicable minor-privacy or consumer-protection statute; or (e) any other liability that cannot, under applicable law, be limited or excluded.

Indemnification

Your Indemnification of Upmos

You agree to indemnify and hold harmless Upmos Inc., its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, or losses (including reasonable attorneys’ fees) arising out of: (a) your material breach of this Policy, our Terms of Use, or any applicable law; (b) your willful misconduct or negligence; (c) your infringement of a third party’s intellectual-property rights in connection with content or listings you provide; or (d) your violation of law. This obligation does not apply to the extent such claim arises from Upmos’s own breach, gross negligence, or willful misconduct.

Upmos’s Indemnification of You (IP Infringement)

Upmos will correspondingly indemnify you for third-party claims that the Services themselves (excluding your content, your listings, third-party content, or combinations of the Services with non-Upmos materials) infringe a US-issued patent, copyright, or trademark.

Cap & Procedure

Each party’s aggregate indemnification obligation shall not exceed the greater of: (a) amounts paid or payable by you to Upmos in the twelve (12) months preceding the claim, or (b) $1,000 USD. The carve-outs in the Limitation of Liability section (including for gross negligence, fraud, personal injury, and non-waivable statutory rights) override this cap to the extent required by law. The party seeking indemnification shall: (i) promptly notify the indemnifying party in writing; (ii) grant the indemnifying party sole control of defense and settlement (provided that no settlement requiring an admission of liability by, or imposing a non-monetary obligation on, the indemnified party shall be made without the indemnified party’s prior written consent, not to be unreasonably withheld); and (iii) provide reasonable cooperation at the indemnifying party’s expense.

Export Control & Sanctions Compliance

You agree to comply with all applicable export control laws and regulations, including the U.S. Export Administration Regulations (EAR), Office of Foreign Assets Control (OFAC) sanctions programs, and the International Traffic in Arms Regulations (ITAR) where applicable.

You Represent and Warrant That:

• You are not located in, a national or resident of, or under the control of any country subject to U.S. sanctions or embargoes;
• You are not on any U.S. government restricted-party list, including the Specially Designated Nationals (SDN) List, the Denied Persons List, or the Entity List;
• You will not use the Services to transfer data, goods, or services in violation of export-control laws;
• You will not use the Services for any purpose prohibited by applicable sanctions.

AML & Anti-Corruption

Upmos maintains an anti-money-laundering program and screens sellers, high-value buyers, and high-risk transactions against the OFAC SDN List, the BIS Denied Persons List, the Entity List, the Consolidated Screening List, and applicable EU, UK, UN, and other relevant sanctions lists. Transactions involving listed persons will be blocked, funds may be frozen in accordance with applicable law, and activity may be reported to OFAC, FinCEN, or the Department of Commerce as required. You agree to comply with the U.S. Foreign Corrupt Practices Act (15 U.S.C. §§ 78dd-1 et seq.), the UK Bribery Act 2010, and equivalent local anti-corruption laws.

General Provisions

Entire Agreement

This Policy, together with our Terms of Use, Privacy Policy, and Acceptable Use Policy, constitutes the entire agreement between you and Upmos Inc. regarding the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Severability

If any provision of this Policy is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

Waiver

The failure of Upmos Inc. to enforce any right or provision of this Policy shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Upmos Inc.

Assignment

You may not assign or transfer your rights or obligations under this Policy without the prior written consent of Upmos Inc. Upmos Inc. may freely assign this Policy without restriction. Any attempted assignment in violation of this Section is void.

Survival

The following Sections survive termination or expiration of this Policy: Limitation of Liability, Indemnification, Governing Law & Jurisdiction, Binding Arbitration, Export Control & Sanctions, Minor-Rights & Statutory Carve-Out, and this General Provisions Section.

No Partnership or Agency

Nothing in this Policy creates a partnership, joint venture, employment, or agency relationship. Neither party has authority to bind the other or incur obligations on behalf of the other.

Third-Party Beneficiaries

This Policy does not confer third-party beneficiary rights, except that a minor’s parent or guardian may enforce the minor’s COPPA and related statutory rights directly against Upmos to the extent required by law.

Interactive Computer Service (Section 230)

Upmos operates as an “interactive computer service” within the meaning of 47 U.S.C. § 230(f)(2). Except as specifically provided in this Policy, Upmos is not the publisher or speaker of third-party content and is not liable for user-generated content beyond the obligations set forth here. Nothing in this Policy waives any immunity, defense, or protection available to Upmos under Section 230, the DMCA, or analogous federal or state laws.

Electronic Communications

Under the ESIGN Act (15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act, you consent to receive communications from Upmos Inc. electronically.

Statute of Limitations

Any claim arising out of or related to this Policy or the Services must be brought within two (2) years after the cause of action accrues, except that this limitation does not apply to any consumer or minor claim where applicable law (including COPPA, CPRA, or a state comprehensive privacy law) provides a longer period that cannot be shortened by agreement.

Headings

Section headings are for convenience only and shall not affect the interpretation of this Policy.

Notices

All notices to Upmos Inc. must be sent to legal@upmos.com or by mail to Upmos Inc., 9896 Bissonnet St, Houston, TX 77036. Notices to you will be sent to the email address associated with your account. Notices are deemed received when delivered electronically or 3 business days after mailing.

Amendments, Scope & Non-Warranty

UPMOS may update this policy from time to time to reflect changes in applicable law, regulatory guidance, business practices, or technology. Material changes will be communicated via this page and, where we have the relevant contact information, via email to affected account holders. We aim to provide advance notice of material changes to known parents or guardians of minor accounts before the change takes effect.

Scope & Good-Faith Statement

This policy is a good-faith summary of UPMOS’s minor-privacy program as of the “Last Revised” date above. It does not constitute a warranty, guarantee, or representation that UPMOS conforms to every requirement of every applicable law at every moment in time; it describes our program and its intended operation. The minor-privacy legal landscape — particularly U.S. state laws passed between 2023 and 2026 — is evolving rapidly, and several statutes cited above are in active litigation. Where a statute is enjoined or stayed, we apply our COPPA baseline and monitor developments.

Non-Waiver of Rights

Nothing in this policy waives, limits, or requires arbitration of any claim under COPPA, the FTC Act, the California CPRA, the Virginia VCDPA, the Colorado CPA, the Utah UCPA, the Connecticut CTDPA, or any comparable federal, state, or foreign minor-privacy or consumer-protection statute. Statutory rights — including the right to file a complaint with a regulator — are preserved.

Penalties Acknowledgment

Penalties for COPPA violations can include civil penalties up to $53,088 per violation (as of 2025 inflation-adjusted cap; 16 CFR § 1.98) and state-law penalties under CPRA, VCDPA, CPA, and similar regimes. UPMOS cooperates with FTC investigations and with investigations by state attorneys general and international regulators.