Terms of Service

Last updated November 6, 2026

Somewhere Up is run by Waylum Inc., Ontario, Canada (“we”, “us”). These terms are an agreement between you and Waylum Inc. By using Somewhere Up you agree to them. If you don’t agree, please don’t use it.

1. Star names are symbolic

A star named on Somewhere Up is a symbolic name inside Somewhere Up. It is not an official name. It is not recognised by the International Astronomical Union (IAU), any observatory, government or scientific body, and it won’t appear in star catalogues or charts. You don’t own the star or any part of the sky. Other services may give the same star a different name. Within Somewhere Up, each star can be named only once.

The star facts we show (distance, colour, age of its light and so on) come from public catalogues and models and are for interest only. The zodiac and birthday cards are for fun.

2. The service

• You can name a star for someone, add photos, videos, voice recordings and written memories to it, and share it with the people you choose.
• Without an account, a star and its memories are kept only in your browser on that device. If you clear your browser data, they are gone unless you made a backup.
• With an account, your stars are stored on our servers so you can open them on any device.
• A free star holds 3 memories and can’t be shared. A kept star holds up to 150 memories and 3 GB of files, and can be shared by link or made public.

3. Accounts and age

You must be at least 16 to use Somewhere Up, and old enough to make purchases where you live to buy a star. Somewhere Up is not meant for children. Keep your sign-in secure. You are responsible for what happens under your account.

4. Payment and refunds

• Keeping a star is a one-time payment of US$24 (plus tax where it applies). There is no subscription.
• Payments are processed by Polar, our merchant of record. Polar sells to you under its own terms and handles tax, receipts and refunds. We never see your card details.
• If you change your mind, ask within 14 days of paying and we will refund you, minus a US$2 non-refundable processing fee. That fee covers the payment costs we can’t get back. You get a full refund, with no fee, where the law requires it: for example if something doesn’t work as described and we can’t fix it, or if you have a legal right to cancel.
• After a refund the star goes back to being a free star. Its shared links stop working, it is no longer public, and the people you shared it with lose access. You can still see and download everything in it for 30 days, and you can’t add more above the free limit. After 30 days we keep its 3 oldest memories, up to 150 MB, and permanently delete the rest. Keeping the star again before then cancels this.
• We give one refund per person. After 14 days we don’t give refunds, except where something doesn’t work as described and we can’t fix it, or where the law says otherwise. This doesn’t affect your rights under consumer law.
• Polar, as the seller, may also refund an order itself under its own terms. The same rules for the star apply after any refund.
• Once a star is kept, its name and dedication are fixed and can’t be changed.

5. How long kept stars last

A kept star stays available for as long as we run Somewhere Up, unless it is refunded (section 4), removed under section 7 or you delete it. If we ever decide to close Somewhere Up, we will email account holders at least 6 months before, and you will be able to download all your stars, memories and files. We can’t promise the service will run forever, and no one can promise that about a website.

6. Your content

• You keep all rights to the photos, videos, recordings and words you add. You let us store, process and show them only as needed to run Somewhere Up for you and the people you share with.
• You confirm you have the right to add everything you upload, including permission from the people who appear in it or whose names and birthdays you add, where that is needed.
• When you share a star, everyone with the link can see its memories. When you make it public, anyone can. Sealed letters stay hidden until their day, and birthdays are shown only to people you have shared the star with. You can turn off sharing at any time.

7. What you may not add

Don’t use Somewhere Up to store or share anything that:

• sexualises or exploits children (we report it to the authorities);
• is sexually explicit, violent, hateful or harassing;
• shows or names other people in a way that invades their privacy or that they haven’t agreed to;
• infringes someone else’s copyright, trademark or other rights;
• is illegal, or tries to harm the service or other people (malware, spam, scraping, getting around limits).

We don’t review every memory, but we act on reports. We may remove content, turn off public or shared access, or close an account that we reasonably believe breaks these terms or the law, and where a breach is serious we won’t refund. We close the accounts of people who repeatedly infringe copyright.

8. Reporting a star and copyright notices

To report a star, use “Report” on the star, or email hello@somewhereup.com with the star’s link and what is wrong. For a copyright notice, include your contact details, the work you own, the link to the star, a statement that you believe in good faith the use isn’t authorised, a statement that your notice is accurate and that you are the owner or authorised to act for them, and your signature.

9. Disclaimers

Somewhere Up is provided “as is” and “as available”. We work to keep it online and your memories safe, but we don’t promise uninterrupted or error-free service. Keep your own copies of anything that matters to you. To the extent the law allows, we disclaim all implied warranties.

10. Limitation of liability

To the extent the law allows, we are not liable for indirect, incidental, special or consequential losses, or for lost data, profits or revenue. Our total liability for all claims about Somewhere Up is limited to the greater of the amount you paid us in the 12 months before the claim and US$100. Nothing in these terms limits liability that can’t be limited by law.

11. Ending the agreement

You can delete your account at any time from My stars. That deletes the stars you own and everything in them, for everyone you shared them with, and the memories you added to other people’s stars. We may suspend or end access for a breach of these terms. Sections 6 to 12 continue after the agreement ends.

12. Governing law and changes

These terms are governed by the laws of the Province of Ontario, Canada, and disputes will be heard by its courts. If you are a consumer, you keep the protection of the mandatory laws where you live and may bring claims there.

We may update these terms. For significant changes we will email account holders at least 30 days before they take effect. If any part of these terms is unenforceable, the rest still applies. We may transfer this agreement to a company that takes over Somewhere Up, and the promise in section 5 transfers with it.

Contact

Waylum Inc., Ontario, Canada. Email hello@somewhereup.com.