List a project

Terms of service

Last updated 2026-04-30 · Effective 2026-04-30

Short version: Failedups is a marketplace that connects people who built half-finished apps with people who want to take them on. We do not broker the actual deal. Listings you publish are public, and we may use them to promote the marketplace. Boost purchases are non refundable. Use the service in good faith and we will do the same.

The detailed terms below are the agreement that applies. By creating an account or using the site you agree to them.

1. About Failedups and these terms

Failedups is operated by Digital Envision LLC, a Delaware limited liability company with its registered office at 16192 Coastal Highway, Lewis, DE 19958, United States ("Failedups", "we", "us", "our"). These Terms of Service (the "Terms") form a legally binding agreement between you and Digital Envision LLC. They govern your access to and use of the Failedups website at failedups.com, our APIs, the Failedups MCP server, and any related services we operate (collectively, the "Service"). They incorporate by reference our Privacy Policy.

2. Eligibility and account

You must be at least 16 years old to use the Service and at least 18 years old (or of the age of majority in your jurisdiction, whichever is greater) to publish a listing, purchase a Boost, or enter into a transaction with another user. By using the Service you represent that you meet these requirements and that you have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" in these Terms refers to both you personally and that organization.

You are responsible for keeping your sign-in credentials confidential and for all activity that happens under your account, whether or not you authorized it. Notify us immediately at hello@failedups.com if you believe your account has been compromised.

You may have one personal account. Creating multiple accounts to evade rate limits, moderation decisions, or other restrictions is not allowed.

3. Listings

3.1 What you can list

You may list software projects you built or have authority to sell or transfer, including half-built apps, finished apps, AI-built side projects, prototypes, and codebases. You may list as for sale, looking for a cofounder, or both. You may not list domains alone, accounts on third party platforms, content that is not yours to transfer, projects whose primary purpose violates section 8, or anything else that fails the quality bar described below.

3.2 Accuracy and ownership

Listings must be honest. You promise that everything you submit (descriptions, traction metrics, revenue figures, completion percentages, customer counts, asking price, screenshots, live URLs) is true to the best of your knowledge at the time of submission, and that you have the legal right to sell or transfer the project, including the underlying intellectual property. If a listing's facts change after publication (you lose customers, the live URL goes down, the repository is no longer accessible), update it promptly.

3.3 Moderation

Every new listing is reviewed by a moderator before it goes live. We may approve, reject, or request changes for any reason consistent with these Terms. Reasons we will reject a listing include unverifiable claims, copyright or trademark infringement, fraud signals, broken or malicious live URLs, or violation of section 8. We will give you the reason for any rejection and you may revise and resubmit.

We may also unpublish, hide, or edit a listing after it has gone live if we receive a credible report of a violation, if we detect spam or abuse, if a court or competent authority orders it, or if your account is suspended or banned. We will tell you when we do.

3.4 Status changes

You may mark your listing sold, mark it cofounder found, or unpublish it back to draft at any time. Listings marked sold or cofounder found move to the Revived page, where they remain indefinitely as part of the marketplace's history. The Revived listing keeps its name, descriptions, founder display info, and image; we hide the asking price and remove the inquiry call to action. If you want a sold listing fully removed (rather than displayed as revived), email us with a reason and we will assess case by case.

4. License you grant for promotional use

This is the most important section if you publish listings; please read it carefully.

By publishing a listing on Failedups, you grant Digital Envision LLC a worldwide, non-exclusive, royalty-free, fully paid up, transferable, sublicensable license to use, reproduce, store, display, perform, distribute, modify, adapt, translate, excerpt, and create derivative works of the listing's content (the "Listing Content") for the purposes set out below. "Listing Content" means everything you submit as part of the listing: project name, slug, short and long descriptions, vision, reason for selling, asking price, completion percentage, tech stack, included assets, traction stage, build tool, live URL, source repository URL, founder display name, cover image, and any gallery images.

We may use the Listing Content for any of the following promotional and operational purposes:

  • Operating, hosting, and displaying the listing on the Failedups marketplace and on its public surfaces (the home page featured strip, browse pages, collection landings, the Revived page, project detail pages, and the public profile of the founder).
  • Generating preview images, social media cards, structured data, and metadata for search engines and social platforms (including Open Graph and Schema.org Product / ItemList markup).
  • Including the listing in our newsletter digests, blog posts, case studies, partner showcases, podcasts, video content, presentations, and any other promotional context, online or offline.
  • Posting the listing or excerpts of it on our social media channels, including X / Twitter, LinkedIn, YouTube, and similar platforms.
  • Including the listing in machine-readable surfaces designed for AI agents and answer engines, such as our llms.txt, llms-full.txt, the public projects JSON feed, RSS feeds, the per-listing Markdown twin (e.g. /project/{slug}.md), and any future surfaces of the same kind.
  • Indexing, summarizing, embedding, and surfacing the Listing Content through our Model Context Protocol (MCP) server and other tooling that lets AI agents find, read, and cite listings.
  • Training and operating internal models and product features that recommend, summarize, categorize, or otherwise work with marketplace data, where the Listing Content is one input among many.
  • Using the listing in advertising, paid promotion, A/B tests, and growth experiments.
  • Providing the data needed to comply with our legal obligations or to respond to lawful requests.

The license is granted for the duration of the listing's publication and for a reasonable period after, sufficient to keep already-distributed promotional materials and indexed copies functional. For example, a newsletter that went out last month referencing your listing does not get retroactively unsent when you unpublish; the rendered HTML of llms-full.txt that has already been crawled by an answer engine cannot be revoked from that engine; a social post we made remains live unless we choose to remove it.

We will not claim ownership of the underlying source code, intellectual property, brand, or business of your project. The license above is for promotional use of the listing as it appears on Failedups, not a transfer of any underlying right. You retain all intellectual property in your project, your code, and your brand. Within the listing surface itself, we will use a reasonable form of attribution to you (typically your display name and/or avatar from your profile).

If you remove a listing or close your account, we will stop creating new promotional uses of that Listing Content within a reasonable time. Already-distributed materials may remain in circulation as described above.

Drafts that have not been published do not fall under this license. The license attaches when the listing transitions to public visibility (published, sold, or cofounder found).

5. Buyer and cofounder communications

Failedups is a directory and a contact layer. We do not broker the underlying transaction, hold escrow, transfer ownership, validate the legitimacy of buyers, or guarantee that a sale will close. When a buyer or potential cofounder reaches out to a listing, we forward their message to the founder's contact email with the sender's email set as Reply-To. From that point the conversation is between the two parties. Any agreement, payment, asset transfer, or post-sale dispute is between the buyer and the seller. Failedups is not a party to it.

Buyers should perform their own due diligence before sending money or signing anything. At minimum, ask for repository access, a working live URL, a list of monthly running costs, customer count and revenue history, the included assets list, and proof that the seller owns the IP. Sellers should expect this and prepare clear answers.

6. Boosts and payments

A Boost is an optional paid feature that pins your listing to the top of browse and collection pages, features it on the home page, applies a highlighted card style, gives it top placement in the next newsletter digest, and unlocks the multi-image gallery and inquiry analytics on your dashboard. Boosts are a one-time purchase. Once activated, a Boost stays active for the lifetime of the listing and ends automatically when you mark the listing sold, mark it cofounder found, or unpublish it. Boosts do not auto-renew and are not subscriptions.

Payments are processed by Stripe. By purchasing a Boost you authorize us, through Stripe, to charge the payment method you provide. The total charge will be the price displayed at checkout in the currency shown.

Boost purchases are non refundable once the Boost has been activated. We may, at our sole discretion, issue a refund in cases of clear billing error, duplicate charge, or service-side failure that prevented the Boost from delivering its features. If your listing is removed for a violation of these Terms, you forfeit any active Boost on that listing without refund.

Failedups does not take a commission on the underlying sale of a project between buyer and seller. The Boost price is the only money that flows through us in connection with a listing.

We may change Boost pricing at any time. New pricing applies to future purchases. Existing active Boosts continue at the price you originally paid.

7. AI agents and the MCP server

Failedups exposes a Model Context Protocol (MCP) server so AI coding agents (Claude Code, Cursor, Windsurf, and similar) can search listings, read full listing details, contact founders on your behalf, draft new listings from your codebase, and submit them for moderation. To connect an agent you authorize it through OAuth and grant one or more scopes. You can review and revoke any active connection at any time at /account/connections.

Anything an authorized agent does on the Service counts as your action under these Terms. If your agent creates a listing, the listing is yours and the marketing license in section 4 attaches to it. If your agent sends an inquiry, it is sent on your behalf with your email as Reply-To. You are responsible for what your agents do, even if you did not directly author the prompt or instruction that produced the action. Treat the MCP scopes the way you would treat any authentication: only grant them to agents you trust, and revoke when you stop using them.

8. Prohibited content and conduct

You agree not to use the Service to do any of the following, and not to publish, list, or otherwise distribute any content that:

  • Violates any applicable law, regulation, court order, or third party right (including copyright, trademark, trade secret, privacy, publicity, or contractual rights).
  • Misrepresents traction, revenue, ownership, or any other material fact about a listing.
  • Lists code or assets that are not yours to sell, transfer, or sublicense; that contain code under a license incompatible with sale or sublicense; or that depend on stolen credentials, scraped data of dubious provenance, or non-portable third-party accounts.
  • Embeds malware, spyware, ransomware, miners, backdoors, or any other malicious or unwanted code in shared assets.
  • Exists primarily to facilitate fraud, money laundering, evasion of sanctions, or any criminal activity.
  • Hosts, links to, or builds toward sexual content involving minors, content that incites violence or discrimination, or content that doxes or harasses an identifiable person.
  • Sends bulk or commercial messages to other users outside the inquiry flow on a published listing.
  • Scrapes, crawls, or otherwise harvests the Service in a manner that violates our robots.txt, our public APIs' rate limits, or normal browser etiquette. Reasonable use of the public JSON feed, RSS feed, and Markdown twin endpoints is fine.
  • Probes, disrupts, or attempts to break the Service's security, RLS policies, rate limits, authentication, or any other technical or organizational measure.
  • Reverse engineers the Service except where (and to the extent) such restriction is prohibited by law.
  • Impersonates another person, business, or affiliation; or uses Failedups branding in a way that suggests endorsement or partnership we have not given.

We may, but are not required to, monitor or review user content. We may remove content, suspend an account, or refuse a listing at any time for a violation of this section.

9. Intellectual property

The Service itself (including the failedups.com website code, design, page templates, copy, branding, logos, the Failedups name and mark, the structure of our APIs, and the underlying software) is owned by Digital Envision LLC and protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes in accordance with these Terms.

You retain all intellectual property rights in the Listing Content you submit, subject only to the license you grant us in section 4 for promotional use. Reviews, public profile information, and any other user-submitted content are similarly licensed to us under section 4 to the extent reasonably needed to operate, display, and promote the Service.

If you believe content on Failedups infringes your copyright, send a takedown notice that complies with the Digital Millennium Copyright Act (DMCA) to hello@failedups.com with the subject line "DMCA takedown". Include: a description of the copyrighted work, the URL of the allegedly infringing content, your contact information, a statement that you have a good faith belief that the use is not authorized, a statement under penalty of perjury that the information in the notice is accurate and that you are the rights holder or authorized to act on the rights holder's behalf, and your physical or electronic signature. We respond promptly to valid notices and may, in repeat-infringer cases, terminate the offending account.

10. Suspension and termination

You may close your account at any time by emailing hello@failedups.com from the address on file. We will delete your account and personal information as described in our Privacy Policy.

We may suspend or terminate your access to the Service, with or without notice, if we have a reasonable belief that you have violated these Terms, that your account has been compromised, that your use is creating a security or legal risk for us or for other users, or for any other reason permitted by these Terms or by law. We try to give notice and a chance to fix things first, but we are not always able to.

Sections that by their nature should survive termination (including 4, 6, 9, 11, 12, 13, 14, 15, and 16) survive.

11. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We make no warranty that the Service will meet your requirements, that it will be uninterrupted, timely, secure, or error free, that defects will be corrected, that any listing or user is who they claim to be, that any listing's facts are accurate, or that you will find a buyer, a cofounder, or a project worth taking on. Sales and cofounder matches happen between users without our involvement; whatever happens between two users is between them, not between any of them and us.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DIGITAL ENVISION LLC, ITS AFFILIATES, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (in practice, the price of any Boosts you have purchased), AND (B) ONE HUNDRED U.S. DOLLARS (USD 100).

Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties, so the disclaimers and limitations above may not apply to you in full. In those jurisdictions our liability is limited to the maximum extent permitted by law.

Failedups is not a party to any transaction between users. We are not liable for any loss or damage arising from a transaction or attempted transaction between users, including disputes over price, asset transfer, IP ownership, post-sale support, or anything else negotiated outside the Service.

13. Indemnification

You agree to defend, indemnify, and hold harmless Digital Envision LLC and its affiliates, officers, directors, employees, contractors, and agents from and against any third party claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) any Listing Content or other content you submit; (c) your violation of these Terms; (d) your violation of any law or third party right; or (e) any transaction or dispute with another user. We will give you prompt notice of any claim subject to indemnification, and you will have the right to control the defense and settlement of the claim provided that you do not agree to any settlement that imposes obligations on us without our prior written consent.

14. Governing law and disputes

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles, and (where applicable) by federal law of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute arising out of or relating to these Terms or to the Service that is not resolved informally within 60 days of one party giving the other written notice of the dispute will be brought exclusively in the state or federal courts located in New Castle County, Delaware. You and we consent to the personal jurisdiction of those courts and waive any objection to venue. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

You and we agree that any claim must be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

15. Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. For material changes (in particular, changes to section 4 or section 6), we will give you at least 30 days' notice via email to the address on your account and a banner on the site. Continued use of the Service after the change takes effect constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you may close your account before the effective date of the change.

16. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, are the entire agreement between you and Digital Envision LLC regarding the Service and supersede all prior agreements on the same subject. If any provision of these Terms is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver of that provision. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate or in connection with a merger, acquisition, or asset sale. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and us.

Notices to us must be sent by email to hello@failedups.com or by post to the address in section 17. Notices to you may be sent by email to the address on your account, by posting on the Service, or by any other reasonable means.

17. Contact

Digital Envision LLC
Attn: Failedups
16192 Coastal Highway
Lewis, DE 19958
United States
hello@failedups.com