END USER LICENSE AGREEMENT (EULA)

This is a contract between you and Upset.

UPSET GMBH Hohlstrasse 192, 8004 Zürich, Switzerland Version 1.0

  1. Preamble

This End User License Agreement (“EULA”) is a legally binding agreement between Upset GmbH, Hohlstrasse 192, 8004 Zürich, Switzerland (hereinafter “Upset”), and the natural or legal person who purchases, downloads, installs, or uses any Upset font software (hereinafter “the Licensee”). By purchasing, downloading, installing, or using the Fonts, the Licensee acknowledges that they have read, understood, and agreed to the terms of this Agreement. The Licensee does not acquire ownership of the Fonts or any associated design, data, or software code, but rather a limited, non-exclusive, and non-transferable license to use the Fonts in accordance with the terms and conditions specified herein. All rights not expressly granted in this Agreement remain the exclusive property of Upset.

  1. Definitions

  • Fonts refer to the digital typeface software created, owned, or distributed by Upset, including static styles, variable styles, and any associated data, code, or documentation.

  • Licensee means the individual, company, or organisation that has purchased a valid license from Upset.

  • Company size means the total number of employees of the Licensee’s organisation.

  • Subcontractor means any external contractor, agency, developer, printer, or production partner that works directly for the Licensee on specific projects.

  • Non-commercial refers to any educational, student, or self-initiated work undertaken without financial compensation or public commercial release.

The term use or usage means any form of installation, activation, or embedding of the Fonts into any medium or file, whether digital or physical, that results in the display, rendering, or printing of the Fonts.

  1. License Types 3.1 Desktop License

The Desktop License grants the Licensee the right to install and use the Fonts on a defined number of workstations within one single legal entity. The Fonts may be used to create printed or digital materials, including but not limited to editorial publications, visual identities, packaging, logos, advertising, and design mockups. The Fonts may be embedded in non-editable files (e.g. PDF, EPS) or converted to vector outlines for print or display purposes. Editable font files may not be shared with any third party who does not hold a valid license of their own. One subcontractor working on the Licensee’s project is included. Additional subcontractors may be added for an extra fee of twenty-five percent (25%) of the original license price per additional party.

3.2 Web License

The Web License grants the Licensee the right to use the Fonts on websites owned and controlled by the Licensee. The Fonts must be self-hosted on the Licensee’s own server(s) or CDN and may not be distributed or served through third-party providers such as Google Fonts or Adobe Fonts. Embedding is limited to standard @font-face implementations using WOFF, WOFF2, or variable font formats. OTF and TTF web embedding is not permitted. Domains and subdomains must be owned by the Licensee and not shared with third parties.

3.3 App / Game License

The App / Game License grants the right to embed the Fonts in one specific software application—mobile, desktop, console, or web-based—identified at the time of purchase. The Fonts must be securely embedded to prevent extraction or reuse. A single App / Game License covers functionally identical versions of the same product across multiple platforms (e.g. iOS, Android, and web). The Fonts provided for App / Game use may not be converted to other formats or used as web fonts, in server rendering, or in automated systems without written permission from Upset.

3.4 Logo License

If a Font forms the defining element of a logo, wordmark, or brand identity that is registered or commercially distributed, a separate Logo License is required. The Logo License grants perpetual use for the specific mark and may be used globally across media. It does not grant permission to use the Fonts for other projects or products outside the defined logo.

3.5 Video License

The Video License grants the Licensee the right to use the Fonts in moving image productions, including film, television, streaming, advertising, and social media content. All assets must be rendered as non-editable video or image files to prevent access to the font data. High-reach or paid media—such as broadcast television, cinema, or large-scale digital campaigns—may require additional licensing or pricing adjustment upon request. Upset may request information about audience size or campaign reach to determine appropriate use.

3.6 Student License

The Student License grants the Licensee, who must be a registered student, the right to use the Fonts at a 50% reduced rate exclusively for non-commercial, educational, or self-initiated work. If the Fonts are used for any commercial purpose, such as paid client work, freelance projects, or public release, the Licensee must upgrade to the corresponding commercial license.

3.7 Trial License

The Trial License grants the Licensee the right to use the Fonts free of charge for evaluation and testing purposes only. Trial Fonts may include limited character sets or restricted functionality. They may not be used for public presentation, publication, or any commercial project. Any use beyond evaluation requires a commercial license.

  1. Extensions 4.1 Company Size

Licenses are granted based on the size of the Licensee’s organisation. If the company grows or the scope of use expands beyond the original license category, an appropriate upgrade must be purchased within thirty (30) days. Failure to upgrade constitutes a breach of this Agreement and may result in retroactive licensing fees or penalties.

4.2 Subcontractor and Third-Party Use

Each license includes the use of the Fonts by one subcontractor directly involved in the Licensee’s project. Additional subcontractors may be added by purchasing a Subcontractor Extension for an additional twenty-five percent (25%) of the original license price per added group. Subcontractors must not retain the Fonts for unrelated projects or redistribute them. The Fonts must be deleted from their systems upon project completion.

4.3 Upgrades

If the scope of usage changes—such as increased users, traffic, reach, or number of applications—the Licensee must upgrade within thirty (30) days of the change. Upgrades will be credited toward the remaining duration of the existing license.

  1. Rights and Restrictions

The Licensee acknowledges that all intellectual property rights in and to the Fonts remain the sole property of Upset and their respective authors. The Fonts are protected under Swiss copyright law and international treaties.

Restrictions

The following actions are restricted when using Fonts by Upset:

  • using the Fonts in a political context without prior written permission
  • using the Fonts to promote hate, violence, or discrimination modifying, converting, reverse-engineering,
  • decompiling, or disassembling the Fonts
  • creating new fonts based on Upset designs
  • renaming or personalising Fonts in a way that violates third-party rights
  • embedding the Fonts in a way that allows end users to access or extract them
  • sharing Fonts with third parties except those
  • covered by a Subcontractor Extension
  • giving Fonts to anyone who does not hold a valid copy of this EULA; using the Fonts or their
  • designs to train artificial intelligence or machine learning systems uploading Fonts to public servers or repositories.

Critical Uses

The use of Upset Fonts for any content that promotes hate, violence, racism, sexism, discrimination, or any unlawful activity is strictly prohibited. In such cases, Upset reserves the right to terminate this Agreement immediately without compensation or refund.

  1. Warranty, Refunds, and Liability

Upset warrants that the Fonts, as delivered, are free from technical defects that would prevent normal use in standard operating systems and design software. If a defect is proven, Upset will replace the Fonts within thirty (30) days of purchase. No refunds are possible after the Fonts have been downloaded or accessed. This warranty is limited to replacement and does not cover incidental or consequential damages. Upset’s total liability shall not exceed the license fee paid by the Licensee. The Licensee uses the Fonts at their own risk.

  1. Contractual Penalty

Any unauthorised use, distribution, or modification of the Fonts constitutes a breach of contract. The Licensee must then purchase a valid license retroactively at the regular price and pay a contractual penalty of up to two hundred percent (200%) of the original license value. Upset reserves the right to claim additional costs, including legal and administrative expenses. 8. Term and Termination

This license is perpetual, non-exclusive, and non-transferable. Upset may terminate this Agreement immediately in case of breach. Upon termination, the Licensee must cease all use of the Fonts and delete all copies and backups. Works already produced may remain in circulation, but no new works may be created using the Fonts.

  1. Data Protection and Artificial Intelligence

The Licensee agrees not to use the Fonts, their data, or outlines to train, generate, or refine artificial intelligence or machine learning models. The Licensee further agrees to comply with applicable Swiss and EU data protection laws, including the Swiss Federal Act on Data Protection (revDSG) and the General Data Protection Regulation (GDPR).

  1. Publicity and References

Upset may reference the Licensee’s name, logo, or project for portfolio and documentation purposes. The Licensee may opt out by written request, which will be honoured within a reasonable timeframe.

  1. Governing Law and Final Provisions

This Agreement is governed exclusively by Swiss law. The place of jurisdiction is Zürich. If any provision of this Agreement is held invalid, the remaining provisions remain in full effect. This EULA constitutes the entire agreement between Upset and the Licensee and supersedes all prior terms. Any amendment must be made in writing and confirmed by Upset.

  1. Updates to this Agreement

Upset reserves the right to modify or update this EULA to reflect changes in technology, law, or business practice. Any updates apply only to licenses purchased after publication of the revised version. The version in effect at the time of purchase remains binding unless otherwise agreed in writing.

xoxo, Upset