Terms of Service

Effective date: 1 June 2025

These Terms of Service (“Terms”) govern your access to and use of NDEY Upper’s enhancement services and website (the “Service”). By using the Service you agree to these Terms and to our Privacy Policy.

1. Who we are

NDEY Upper operates from Högelmüllergasse 4, 1050 Wien, Austria (“we”, “us”, “our”).

2. Eligibility and accounts

You must be at least 13 years old (or the minimum age required in your jurisdiction) to use the Service. You are responsible for safeguarding your account credentials and for all activity under your account.

3. Your content

You retain ownership of images and videos you upload (“Content”). You grant us a limited, revocable, non‑exclusive license to process your Content solely to provide the Service and to troubleshoot or secure the Service.

You represent that you have all rights necessary to upload and process the Content, and that your use complies with our Acceptable Use Policy.

4. Prohibited use

  • Illegal activity or content, including infringing, abusive, or deceptive material
  • Violations of privacy or publicity rights
  • Interference with or reverse‑engineering of the Service

5. Payments, tokens and pricing

Payments are processed by Stripe, a PCI‑DSS Level 1 certified provider. Prices are listed in EUR unless indicated otherwise. By purchasing token bundles you authorize us (and Stripe, acting on our behalf) to charge your selected payment method for the applicable amounts and taxes. Tokens are added to your account after Stripe confirms a successful payment.

We may change prices or offerings at any time. Changes take effect prospectively and will not affect already purchased tokens.

6. Refunds and cancellations

Unused tokens are refundable within fourteen (14) days of purchase, provided none of the tokens from that purchase have been redeemed. To request a refund, email support@ndey-upper.com from your account email. Approved refunds are credited to the original payment method within 5–10 business days. By redeeming any token before the end of the 14‑day period, you waive your withdrawal right for that purchase.

7. Chargebacks and disputes

If you initiate a chargeback, we may suspend your account while the dispute is investigated. We reserve the right to contest illegitimate chargebacks and to recover associated fees.

8. Security and payment processing

We do not store complete credit‑card numbers or CVC codes on our servers. All payment information is transmitted directly to Stripe via encrypted connections. Stripe is responsible for the security of payment data it processes.

9. Availability and changes

The Service is provided on an “as is” and “as available” basis. We may modify or discontinue features at any time with reasonable notice when practicable.

10. Limitation of liability

To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or loss of data or goodwill.

11. Indemnification

You will indemnify and hold harmless NDEY Upper from any claims, damages, liabilities, costs, and expenses arising from your Content or your breach of these Terms or applicable law.

12. Governing law and venue

These Terms are governed by the laws of Austria, without regard to conflict‑of‑law principles. Exclusive venue lies with the courts of Vienna, Austria.

13. Contact

For questions about these Terms, contact support@ndey-upper.com.