Last Updated: September 22, 2026
These Terms of Service ("Terms") govern your use of the FirstUp website and mobile application (collectively, the "Service"), operated by FIRST UP L.L.C. ("FirstUp," "we," "us," or "our"). By using the Service, you agree to these Terms.
FirstUp is an independent, third-party tool. We are not affiliated with, endorsed by, or sponsored by ESPN, Yahoo, Sleeper, the NFL, NBA, MLB, or any of their respective parent companies or partners. All platform names and trademarks belong to their respective owners and are used solely to describe the compatibility of our Service.
FirstUp allows you to connect your fantasy sports platform accounts and select roster moves in advance. When your league's waivers process — whether that is a weekly waiver run, a daily run, or an individual player completing his waiver period — FirstUp submits your selected add or add/drop transaction on your behalf, according to a priority order you configure. Waiver timing and rules are determined by your league settings and your fantasy platform, not by FirstUp. Platform availability depends on each platform's authorization; supported platforms are listed in the Service.
You must create an account to use the Service. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
By connecting a fantasy platform account to FirstUp, you authorize us to access that platform on your behalf solely to retrieve league/roster data and submit waiver claims according to your saved priority queue. You represent that you have the right to connect the account you provide, and that doing so does not violate the terms of service of the connected platform.
In addition to the foregoing, you acknowledge that ESPN's terms do not provide a mechanism for authorizing third-party tools, and that Yahoo's and Sleeper's terms may restrict or condition automated access. FirstUp's assessment of that risk for each platform is available to you on request. You remain solely responsible for your own compliance with each platform's terms, and FirstUp may suspend access to a platform at any time if that platform notifies FirstUp that automated access is not permitted.
FirstUp does not guarantee that any waiver claim will succeed. Claim outcomes depend on factors outside our control, including but not limited to: your league's waiver priority/FAAB rules, other managers' claims, changes to a fantasy platform's website or API, temporary outages, and technical issues. We are not responsible for lost opportunities, missed claims, or any in-league consequences (including impact on standings, trades, or league disputes) resulting from a claim that fails to submit, submits late, or does not succeed.
New accounts receive a seven (7) day free trial beginning at signup. When the trial ends, you must purchase a plan to continue using automated pickups. No payment information is required to start a trial, and no charge occurs when a trial ends.
FirstUp offers per-season plans. Current pricing is displayed in the Service at the time of purchase. Plans cover a single fantasy sports season.
Plans are sold as one-time payments and do not automatically renew. Your access ends when the season covered by your purchase ends. We will not charge you again unless you choose to purchase another plan.
Payments made through our website are processed by Stripe. We do not receive or store your full payment card number. Your use of Stripe is subject to Stripe's own terms and privacy policy.
Purchases are non-refundable, except as set out below under Platform Discontinuation. Plans are tied to a specific season and access begins immediately upon purchase. Your plan does not renew, so no further action is needed to avoid future charges — access simply ends when the season does.
If you purchase a plan through the Apple App Store or Google Play, refunds for that purchase are handled by Apple or Google under their own policies, not by us.
If a platform you have connected to FirstUp becomes unavailable for the automated access FirstUp requires for the remainder of the season covered by your plan, because that platform itself discontinues, blocks, or revokes that access, and not because of your own act, omission, or violation of that platform's terms, and that unavailability continues for fourteen or more consecutive days, you may request a prorated refund equal to the portion of your plan's purchase price corresponding to the days remaining in the season as of the date access was lost. To request this refund, contact us at support@firstupfantasy.com within thirty days after the unavailability begins. We will process an approved refund to your original payment method within ten business days. This remedy applies to a purchase made directly through the Service and processed by Stripe. For a purchase made through the Apple App Store or Google Play, any refund is handled by Apple or Google under their own policies, as described above; contact us and we will confirm your purchase details to support that request, but we do not control whether or how Apple or Google issue it. This refund is your sole and exclusive remedy for a platform's discontinuation of access, is subject to the limitations in Section 10, and does not apply to a temporary outage, technical issue, or other interruption described in Section 5, or to any loss of access caused by your own conduct or by your violation of the connected platform's terms.
We may change pricing for future seasons. Any price change will not affect a plan you have already purchased.
You agree not to:
We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms. You may stop using the Service and delete your account at any time.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
THIS LIMITATION APPLIES TO ANY CLAIM ARISING FROM A FAILED, LATE, OR UNSUCCESSFUL WAIVER CLAIM, INCLUDING CLAIMS ARISING UNDER SECTION 5.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIRST UP L.L.C. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE — INCLUDING ANY FAILED, LATE, OR UNSUCCESSFUL WAIVER CLAIM — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify and hold harmless FIRST UP L.L.C. from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third-party platform's terms of service.
We may update these Terms from time to time. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Subject to Section 13.2 (Agreement to Arbitrate), any Dispute (as defined below) that is not resolved through arbitration will be brought exclusively in the state or federal courts located in Broward County, Florida, and you consent to personal jurisdiction there.
Except as set forth in this Section 13, you and FirstUp agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved through final and binding arbitration administered as described below, rather than in court, except that either party may bring an individual action in small claims court as set forth in Section 13.6.
Before filing an arbitration or a small claims action, you and FirstUp each agree to first send the other a written description of the Dispute, the specific relief sought, and contact information. Notice to FirstUp must be sent to legal@firstupfantasy.com. Both parties will attempt in good faith to resolve the Dispute within 60 days of the other party's receipt of that notice. Completing this informal process is a condition to filing an arbitration or a small claims action, and either party may ask a court or arbitrator to pause a filed proceeding until it has been completed.
Any arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Section 13. Where a Dispute is filed together with, coordinated with, or otherwise related to 25 or more similar claims against FirstUp asserted by the same or coordinated counsel or through a shared claims process (a "Mass Filing"), AAA's Mass Arbitration Supplementary Rules govern the batching, staging, and administration of those claims and control over the Consumer Arbitration Rules to the extent of any conflict. AAA's rules are available at adr.org or by calling 1-800-778-7879. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
You and FirstUp agree that each may bring a Dispute against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Unless you and FirstUp agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding. This waiver does not prevent individually filed claims from being coordinated procedurally under AAA's Mass Arbitration Supplementary Rules; coordination of that kind is not a class, collective, or representative proceeding.
Notwithstanding Section 13.2, either party may bring an individual action in small claims court for a Dispute that qualifies for that court's jurisdiction, in place of arbitration, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction.
You may opt out of this Section 13 by sending written notice to legal@firstupfantasy.com within 30 days of the date you first agree to these Terms. Your notice must include your name, the email address associated with your FirstUp account, and a clear statement that you are opting out of this arbitration agreement. If you opt out, only this Section 13 will not apply to you; every other provision of these Terms remains in full effect, and any Dispute you have with FirstUp will instead proceed under Section 13.1. Opting out of this Section 13 does not affect any separate arbitration agreement you may have previously entered into with FirstUp.
Consistent with AAA's Consumer Arbitration Rules, FirstUp will pay the AAA's administrative fees and the arbitrator's compensation for any arbitration under this Section 13, other than the consumer filing fee described in those rules, unless the arbitrator determines your claim is frivolous. Fees for claims coordinated under the Mass Arbitration Supplementary Rules are allocated as set out in those rules.
Consistent with AAA's Consumer Arbitration Rules, you may elect to have the arbitration conducted based on written submissions only, by telephone, by videoconference, or in person in the county where you reside, or as otherwise provided by those rules.
This Section 13 is governed by the Federal Arbitration Act. If the class and mass action waiver in Section 13.5 is found unenforceable as to a particular Dispute, then that Dispute, and only that Dispute, will not be subject to arbitration and will instead proceed under Section 13.1; the remainder of this Section 13 remains in force for all other Disputes. If any other part of this Section 13 is found unenforceable, that part will be severed and the rest of this Section 13 remains in effect.
This Section 13 survives termination of your account and of these Terms.
If you have questions about these Terms, contact us at support@firstupfantasy.com.