Incident #B83C23 · 16 APR 2026major
UpScrolled swaps in new B.V. terms adding arbitration for US/Canada, a 1-year claim limit and EU DSA appeals
UpScrolled replaces its old terms (Recursive Methods Pty Ltd, Australia) with a full new version from UpScrolled B.V. (Netherlands). The new text adds an indemnity, a mandatory 60-day informal dispute step, a one-year deadline for claims, mass-arbitration waivers and binding arbitration for US/Canada users with a 30-day opt-out. It also adds EU appeals, complaints and out-of-court settlement rights, human-led moderation and a ban on scraping or AI training on platform data. The content licence, 'as is' disclaimers and class action waiver were already in the old terms, and the 30-day notice for term changes is replaced by changes that may take effect immediately.
Taken from you
- Agree to indemnify UpScrolled for claims tied to your use, content or violations
- Must attempt 60 days of informal dispute resolution before formal proceedings
- Claims must be brought within one year of accruing
- Also agree not to bring claims as part of a mass arbitration proceeding
- US and Canadian users agree to binding arbitration and waive jury trial unless they opt out within 30 days
- Updated terms can take effect immediately and continued use counts as acceptance
Won back
- Right to appeal enforcement actions, with EU users given six months
- Internal complaints process with acknowledgement and response aimed within 3 days
- Moderation decisions made by humans, not solely automated tools
- Statement that no algorithmic recommendation systems are used
- Consumer rights preserved, with EU consumers able to sue in their home courts
- 30-day opt-out from arbitration and 30 days' notice of arbitration changes
- Access to out-of-court dispute settlement under the DSA for EU users
Evidence · 4 of 4 quotes matched in source
In order to operate and improve the Services, when you publish content on the platform, you grant UpScrolled a worldwide, non-exclusive, royalty-free license to host, reproduce, distribute, display, and modify the content as necessary.+ inserted · ✓ matched in source
You agree not to bring claims as part of: a class action; a collective action; a representative action; or a mass arbitration proceeding.+ inserted · ✓ matched in source
No action, regardless of form, arising out of or relating to a Dispute may be brought by either Party more than one (1) year after the cause of action has accrued.+ inserted · ✓ matched in source
* train AI systems using platform data; or+ inserted · ✓ matched in source
Archived version ↗ · 4,533 words changed