This FAQ covers the purpose and use of the Platform Privacy Policy (“PP”) and Platform Terms of Use (“TOU”) and the reasoning for recent updates to them. To help streamline your onboarding and ongoing use of the Firstup and/or Dynamic Signal platforms (the “Platform”), Firstup provides clients with a sample PP and TOU. These are intended to serve as starting points for your own legal documents and reflect updates that address commonly encountered issues and evolving regulatory requirements. You can however also choose to use these as-is as further explained below.

1. What are the Platform Privacy Policy and Platform Terms of Use?

These are model documents provided by Firstup as a courtesy to help its clients and are intended to guide your creation of privacy and use terms for users on your instance of the Platform.

2. Why do clients need to have a TOU and PP on their instance of the Platform?

• Numerous privacy laws require a privacy policy to be in place on websites and in mobile apps when personal data is being processed;
• App stores may require organizations to have a privacy policy in place when submitting their apps, such as your mobile Firstup app, to the applicable app store(s); and
• Although not legally required, it is a best practice to include a TOU. The TOU is intended to inform Users of acceptable uses of your instance of the Platform and explain any restrictions.

3. Are clients required to use Firstup’s model TOU and PP?

No. You are free to:

• Use the provided models as-is.
• Modify them to suit your organization’s needs.
• Create and publish entirely custom versions.

We encourage customization and review by legal counsel to ensure your policies align with your operations and legal obligations. Please review the disclaimer below for more information. 

4. The most recent versions reflect updates to:

• Better address recurring issues observed across our customer base.
• Align with new data privacy requirements.

5. Why are they called “Platform” TOU and PP?

We label these as “Platform” TOU and PP to distinguish them from Firstup’s and your corporate website privacy policies and terms of use. These are meant exclusively for your Platform environment—where your users engage with content and communications.

6. Do the Platform TOU and PP guarantee compliance with all laws and regulations?

No. While the sample documents are structured to reflect common legal standards, they are not guaranteed to be legally compliant in every jurisdiction and are not a substitute for legal advice. You are responsible for ensuring your policies:

• Accurately reflect your practices.
• Comply with applicable local, state, federal, and international laws.

We recommend you customize and consult legal counsel before use. Please review the disclaimer below for more information.

7. Disclaimer

Our sample PP and TOU are intended solely as a courtesy and a general guide to assist our clients in developing their own privacy policies and terms of use for their respective instances of the Platform. Clients may, however, choose to use these without developing their own versions, subject to the terms below. Firstup makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or compliance of the sample PP or TOU with any applicable laws or regulations. 

Important Points to Note:

Not Legal Advice: The sample PP and TOU are not, and should not be construed as, legal advice. Firstup is not a law firm and does not provide legal services. The information provided in the sample PP and TOU is for general informational purposes only and may not reflect the most current legal developments.

1. No Guarantee of Compliance: Firstup does not guarantee that the sample PP and terms of use comply with any local, state, federal, or international laws or regulations that may be applicable to your organization. It is the responsibility of each client to ensure that their PP and TOU meet all legal requirements specific to their jurisdiction and circumstances.
2. Customization and Review: We strongly recommend that clients customize the sample PP and TOU to accurately reflect their own data practices and intended use of the Platform and consult with qualified legal counsel to ensure compliance with all applicable laws and regulations. The use of the sample PP and/or TOU do not substitute for legal advice from a licensed attorney.
3. Limitation of Liability: Firstup will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use, inability to use, or reliance upon the sample PP and/or TOU, including but not limited to any errors or omissions in the documents or any non-compliance with laws or regulations.

By providing the sample PP and TOU, Firstup is not undertaking any duty or obligation to provide updates or revisions to ensure its accuracy or compliance with changing laws.

For any legal advice or assistance in creating a compliant PP and TOU, please consult a licensed attorney.