Terms & conditions
These terms and conditions
("Agreement") sets forth the general terms and conditions of your use
of the "UpRite“mobile application ("Mobile Application" or
"Service") and any of its related products and services
(collectively, "Services"). This Agreement is legally binding between
you ("User", "you" or "your") and UpRite("UpRite",
"we", "us" or "our"). By accessing and using the
Mobile Application and Services, you acknowledge that you have read,
understood, and agree to be bound by the terms of this Agreement. If you are
entering into this Agreement on behalf of a business or other legal entity, you
represent that you have the authority to bind such entity to this Agreement, in
which case the terms "User", "you" or "your"
shall refer to such entity. If you do not have such authority, or if you do not
agree with the terms of this Agreement, you must not accept this Agreement and
may not access and use the Mobile Application and Services. You acknowledge
that this Agreement is a contract between you and UpRite, even though it is
electronic and is not physically signed by you, and it governs your use of the
Mobile Application and Services.
Accounts and membership
You must be at least 18 years of age to use
the Mobile Application and Services. By using the Mobile Application and
Services and by agreeing to this Agreement you warrant and represent that you
are at least 18 years of age. If you create an account in the Mobile
Application, you are responsible for maintaining the security of your account
and you are fully responsible for all activities that occur under the account
and any other actions taken in connection with it. We may, but have no
obligation to, monitor and review new accounts before you may sign in and start
using the Services. Providing false contact information of any kind may result
in the termination of your account. You must immediately notify us of any unauthorized
uses of your account or any other breaches of security. We will not be liable
for any acts or omissions by you, including any damages of any kind incurred as
a result of such acts or omissions. We may suspend, disable, or delete your
account (or any part thereof) if we determine that you have violated any
provision of this Agreement or that your conduct or content would tend to
damage our reputation and goodwill. If we delete your account for the foregoing
reasons, you may not re-register for our Services. We may block your email
address and Internet protocol address to prevent further registration.
User content
We do not own any data, information or
material (collectively, "Content") that you submit in the Mobile
Application in the course of using the Service. You shall have sole
responsibility for the accuracy, quality, integrity, legality, reliability,
appropriateness, and intellectual property ownership or right to use of all
submitted Content. We may monitor and review the Content in the Mobile
Application submitted or created using our Services by you. You grant us
permission to access, copy, distribute, store, transmit, reformat, display and
perform the Content of your user account solely as required for the purpose of
providing the Services to you. Without limiting any of those representations or
warranties, we have the right, though not the obligation, to, in our own sole
discretion, refuse or remove any Content that, in our reasonable opinion,
violates any of our policies or is in any way harmful or objectionable. You
also grant us the license to use, reproduce, adapt, modify, publish or
distribute the Content created by you or stored in your user account for
commercial, marketing or any similar purpose.
Billing and payments
You shall pay all fees or charges to your
account in accordance with the fees, charges, and billing terms in effect at
the time a fee or charge is due and payable. Where Services are offered on a
free trial basis, payment may be required after the free trial period ends, and
not when you enter your billing details (which may be required prior to the
commencement of the free trial period). If, in our judgment, your purchase
constitutes a high-risk transaction, we will require you to provide us with a
copy of your valid government-issued photo identification, and possibly a copy
of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change products and product pricing at any time. We
also reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household
or per order. These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the same billing
and/or shipping address. In the event that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made.
Accuracy of information
Occasionally there may be information in
the Mobile Application that contains typographical errors, inaccuracies or
omissions that may relate to promotions and offers. We reserve the right to
correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Mobile Application or
Services is inaccurate at any time without prior notice (including after you
have submitted your order). We undertake no obligation to update, amend or clarify
information in the Mobile Application including, without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Mobile Application should be taken to indicate that all
information in the Mobile Application or Services has been modified or updated.
End User license Agreement
Every User must need to accept the End user
license Agreement (EULA) in order to register themselves on the application. We
do not tolerate any objectionable content or abusive users and users will be
blocked from the application. User must accept the agreement before signing up
on the application. This agreement will be present in the form of Tick Mark on
the signup screen. Accepting the EULA means that any form of intolerable
content will not be accepted. User generated content must not be abusive. It
includes posting images, adding reviews, comments any any other form of content
which might harm other user’s sentiments. User can anytime report such form of
content and admin will have the full rights to directly deactivate that user’s
account.
Backups
We perform regular backups of the Content
and will do our best to ensure completeness and accuracy of these backups. In
the event of the hardware failure or data loss we will restore backups
automatically to minimize the impact and downtime.
Links to other resources
Although the Mobile Application and
Services may link to other resources (such as websites, mobile applications,
etc.), we are not, directly or indirectly, implying any approval, association,
sponsorship, endorsement, or affiliation with any linked resource, unless
specifically stated herein. We are not responsible for examining or evaluating,
and we do not warrant the offerings of, any businesses or individuals or the
content of their resources. We do not assume any responsibility or liability
for the actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions of use of
any resource which you access through a link in the Mobile Application and
Services. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in
the Agreement, you are prohibited from using the Mobile Application and
Services or Content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances; (d)
to infringe upon or violate our intellectual property rights or the
intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Mobile Application and
Services, third party products and services, or the Internet; (h) to spam,
phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral
purpose; or (j) to interfere with or circumvent the security features of the
Mobile Application and Services, third party products and services, or the
Internet. We reserve the right to terminate your use of the Mobile Application
and Services for violating any of the prohibited uses.
Intellectual property rights
"Intellectual Property Rights"
means all present and future rights conferred by statute, common law or equity
in or in relation to any copyright and related rights, trademarks, designs,
patents, inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights, in each
case whether registered or unregistered and including all applications and
rights to apply for and be granted, rights to claim priority from, such rights
and all similar or equivalent rights or forms of protection and any other
results of intellectual activity which subsist or will subsist now or in the
future in any part of the world. This Agreement does not transfer to you any
intellectual property owned by UpRiteor third parties, and all rights, titles,
and interests in and to such property will remain (as between the parties)
solely with UpRite. All trademarks, service marks, graphics and logos used in
connection with the Mobile Application and Services, are trademarks or
registered trademarks of UpRiteor its licensors. Other trademarks, service
marks, graphics and logos used in connection with the Mobile Application and
Services may be the trademarks of other third parties. Your use of the Mobile
Application and Services grants you no right or license to reproduce or
otherwise use any of UpRiteor third party trademarks.
Limitation of liability
To the fullest extent permitted by
applicable law, in no event willUpRite, its affiliates, directors, officers,
employees, agents, suppliers or licensors be liable to any person for any
indirect, incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue, sales,
goodwill, use of content, impact on business, business interruption, loss of
anticipated savings, loss of business opportunity) however caused, under any
theory of liability, including, without limitation, contract, tort, warranty,
breach of statutory duty, negligence or otherwise, even if the liable party has
been advised as to the possibility of such damages or could have foreseen such
damages. To the maximum extent permitted by applicable law, the aggregate
liability of UpRiteand its affiliates, officers, employees, agents, suppliers
and licensors relating to the services will be limited to an amount greater of
one dollar or any amounts actually paid in cash by you to UpRitefor the prior
one month period prior to the first event or occurrence giving rise to such
liability. The limitations and exclusions also apply if this remedy does not
fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold UpRiteand
its affiliates, directors, officers, employees, agents, suppliers and licensors
harmless from and against any liabilities, losses, damages or costs, including
reasonable attorneys' fees, incurred in connection with or arising from any
third party allegations, claims, actions, disputes, or demands asserted against
any of them as a result of or relating to your Content, your use of the Mobile
Application and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in
this Agreement may be exercised and shall be applicable and binding only to the
extent that they do not violate any applicable laws and are intended to be
limited to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of any provision
of this Agreement shall be held to be illegal, invalid or unenforceable by a
court of competent jurisdiction, it is the intention of the parties that the
remaining provisions or portions thereof shall constitute their agreement with
respect to the subject matter hereof, and all such remaining provisions or
portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and
performance of this Agreement and any disputes arising out of it shall be
governed by the substantive and procedural laws of Texas, United States without
regard to its rules on conflicts or choice of law and, to the extent
applicable, the laws of United States. The exclusive jurisdiction and venue for
actions related to the subject matter hereof shall be the courts located in
Texas, United States, and you hereby submit to the personal jurisdiction of
such courts. You hereby waive any right to a jury trial in any proceeding
arising out of or related to this Agreement. The United Nations Convention on
Contracts for the International Sale of Goods does not apply to this Agreement.
Monetization
Model:
Monthly subscription
priced at $0.99 with 10
patients.
Users can also choose add-on options for
lifetime access to individual products.
These lifetime add-ons will remain
accessible as long as the base $0.99 monthly subscription remains active.
1.
10 patients × $0.99 = $9.90
2.
25 patients × $0.99 = $24.75
3.
50 patients × $0.99 = $49.50
4.
100 patients × $0.99 = $99.00
Changes and amendments
We reserve the right to modify this
Agreement or its terms relating to the Mobile Application and Services at any
time, effective upon posting of an updated version of this Agreement in the
Mobile Application. When we do, we will revise the updated date at the bottom
of this page. Continued use of the Mobile Application and Services after any
such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this
Agreement and agree to all its terms and conditions. By accessing and using the
Mobile Application and Services you agree to be bound by this Agreement. If you
do not agree to abide by the terms of this Agreement, you are not authorized to
access or use the Mobile Application and Services.
Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to Timururakov@upritenow.com.