End User License Agreement
1. Acceptance of Agreement
This End User License Agreement ("Agreement") you are reading is a legally binding agreement between Unplugged Technologies Ltd ("Unplugged", "We" or "Us") and yourself. By installing, copying, downloading, accessing, or otherwise using Unplugged's applications, including the UP Phone Operating System (LibertOS) and any ancillary application thereto, UP Store, UP Messenger (including its web access- UP Messenger Web), UP VPN, UP Antivirus, and any other application provided by Unplugged which is not a third-party application (the applications and/or any part thereof shall be referred to herein as "UP App Suite") you agree that you have read, understood, accept and agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the UP App Suite. Please note that the term "you" also includes the company or other entity/organization on whose behalf you are accepting this Agreement, to the extent applicable. If you do not have the requisite authority, you may not accept this Agreement and/or use the UP App Suite on behalf of any company or other entity/organization.
By checking "I agree" or a similar checkbox, or by using the UP App Suite, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it. If you are unwilling to accept all of the terms of this Agreement, you should not check the aforementioned "I agree" or a similar checkbox and you should not download the UP App Suite.
We may change these terms at any time by sending you an email with details of the change or notifying you of a change when you next start the UP App Suite. The new terms (or any amendment thereto) may be displayed on-screen or linked to via hyperlink, and you may be required to read and accept them to continue your use of the UP App Suite.
From time to time updates to the UP App Suite may be issued through our websites at www.unplugged.com, www.unplugged-systems.com, and unpluggedsystems.app (the “Website”), the UP Phone Operating System, and/or through the applicable application of the UP App Suite and/or the UP Store. Depending on the nature of the update, you may not be able to use the UP App Suite until you have downloaded the latest version of the UP App Suite and accepted any new terms.
Your continued use of the UP App Suite after a change or modification of this Agreement has been made, will constitute your acceptance of the revised Agreement. If you do not agree to the Agreement, your only remedy is to discontinue your use of the UP App Suite and to cancel any “Account(s)” (as such term is defined below) you have created for use of the UP App Suite.
The UP App Suite is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g., spider, scrape), display, download, reproduce, or use crawlers, robots, data mining or extraction tools of any type in connection with any content or information, software, products or any service available through our Agreement for any commercial or competitive activity or purpose.
If you violate the Agreement, Unplugged reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of the Accounts you have created for using the UP App Suite. You agree that Unplugged does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.
You declare that by acceptance of this Agreement and/or by using the UP App Suite you are of legal age to form a binding contract with Unplugged or under the strict and continuous supervision of a parent or any other qualified legal guardian, and in any case, at least 16 years of age. The minimum age to use our UP App Suite without parental approval may be higher in your country. You may not use the UP App Suite and may not accept this Agreement if you are a person barred from receiving the services provided through the UP App Suite under the laws of the country in which you are resident or from which you use the UP App Suite.
2. Description of the UP App Suite
The UP App Suite provides its users with tools to maintain their privacy as follows:
(1) UP Phone Operating System (LibertOS): the operating system of the Unplugged UP Phone, including any ancillary application, program and/or other software component.
(2) UP Store: an alternative application store from which you can download the UP App Suite (UP Messenger, UP VPN, and UP Antivirus) as well as other applications developed by third parties.
(3) UP Messenger: offers a secure messaging platform that enables end-to-end encrypted communication services. This also includes the Messenger Web which enables access to the UP Messenger from a browser.
(4) UP VPN: offers IP masking via VPN locations.
(5) UP Antivirus: scans your device for malicious files and viruses.
(6) Additional application that will be offered by Unplugged in the future which are not third-party applications.
3. License Grant to Use the UP App Suite
Subject to payment of the applicable subscription fees and acceptance of this Agreement, Unplugged hereby grants you a personal, non-exclusive, non-transferable and non-sublicensable, revocable license, which is time-limited to the term of this Agreement, to install the UP App Suite on one (1) mobile device, solely for your personal use. For the removal of doubt, no commercial use of the UP App Suite may be made by you or any others on your behalf without Unplugged's prior written consent. The UP App Suite is licensed, not sold, to you for use only under the terms of this Agreement. Unplugged reserves all rights not expressly granted to you.
You shall not make any copies of the UP App Suite and are expressly prohibited from providing the UP App Suite or any portion thereof, or access thereto, to any third party, except as otherwise agreed to by Unplugged in writing.
You shall not remove or destroy any copyright or restricted rights notices: (a) affixed to any media containing the UP App Suite; or (b) incorporated within the UP App Suite. You shall reproduce any such copyright or restricted rights notices in any copy of the UP App Suite created by you.
Unplugged may make modifications, additions, and upgrades to the UP App Suite, as it deems necessary. The terms of this Agreement will apply to any updates that Unplugged may make available to you unless the update is accompanied by a separate license or specific terms, in which case the terms of that license will govern. You agree that updates may require you to change or update the UP App Suite, and may affect your ability to use, access, or interact with the UP App Suite. Unplugged is not obligated to provide any update, improvement, and/or enhancement for the UP App Suite.
You hereby acknowledge that your right to use the UP App Suite is limited by this Agreement, and, if you violate or if, at any point, you do not agree to any of this Agreement, your right to use the UP App Suite shall immediately terminate, and you shall immediately refrain from using the UP App Suite. If the UP App Suite or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any right to use the UP App Suite or such part, as applicable, and must refrain from using the UP App Suite or such part, as applicable.
4. Access to the UP App Suite
It is your responsibility to ensure your mobile device meets all the necessary technical specifications to enable you to access and use the UP App Suite. The minimum required specifications are detailed on our Website (currently under https://www.unplugged.com/faq). Unplugged does not provide you with the equipment to access and/or use the UP App Suite. You are responsible for all fees charged by third parties related to your access and use of the UP App Suite (e.g., charges by Internet service providers or air time charges).
The UP App Suite is currently to be used on devices that operate with an Android® Operating System.
Unplugged cannot guarantee that the UP App Suite will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the UP App Suite, and may result in the failure of your communications, including, without limitation, your local network, firewall, your internet service provider, the public internet and your power supply. Unplugged takes no responsibility for any disruption, interruption or delay caused by any failure of, or inadequacy in any of these items or any other items over which we have no control, including, but not limited to, failures or delays resulting from pandemics, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.
5. Account Information
In order to use the UP App Suite, you shall be required to register or create an account (the "Account").
During the process of creating the Account, you shall be required to select a password (the "Login Information"). The following rules govern the security of your Account and Login Information. For the purposes of this Agreement, references to Account and Login Information shall include any account and account information, including usernames, passwords or security questions that are used to access the UP App Suite:
a. You shall not share your Account or Login Information, nor let anyone else access your Account, or do anything else that might jeopardize the security of your Account;
b. In the event you become aware of, or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Unplugged and modify your Login Information;
c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;
d. You are responsible for anything that happens through your Account, whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates this Agreement, or is otherwise improper or illegal;
e. You undertake to monitor your Account and restrict use by any individual barred from accepting this Agreement and/or receiving the UP App Suite, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the UP App Suite by any of the above mentioned;
f. Unplugged reserves the right to remove or reclaim any Account at any time and for any reason, including, but not limited to claims by a third party that an Account violates such third party's rights.
Any personal information you provide to us when creating or updating your Account or using the UP App Suite, which may include your name, address, geographic location, e-mail address, picture and any such other information, will be held and used in accordance with this Agreement and Unplugged’s Privacy Policy. You represent and warrant that you have full right and authority to provide Unplugged with the foregoing information, including, without limitation, any third party's consent (to the extent required under any applicable law).
6. Account Termination
Unplugged may refuse access to the UP App Suite or may suspend or terminate your Account without notice if it suspects that you violated this Agreement or made illegal or improper use of your Account, illegal or improper use of the UP App Suite, User Content (as defined below), products, or Unplugged's intellectual property as determined by Unplugged in its sole discretion. You may lose your Account as a result of Account termination or suspension, without responsibility on the part of Unplugged for any damage that may result from the foregoing. If you have more than one Account, Unplugged may suspend or terminate all of your Accounts.
In the event that Unplugged terminates your Account, you may not participate nor make use of the UP App Suite again without Unplugged's express consent. Unplugged reserves the right to refuse to keep Accounts for, and provide access to the UP App Suite. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: support@unplugged.com.
You are solely responsible to preserve the originals of any content you provide and/or upload to the UP App Suite. Unplugged does not guarantee that any content will always be available through the UP App Suite.
7. Subscriptions, Cancelation and Refunds
You acknowledge that the license granted to you in this Agreement is subject to payment of the applicable fees. The license shall apply only during the time period you have paid for on a subscription basis or as part of a free trial (or any portion thereof). Upon termination of this Agreement, all licenses granted herein and all benefits associated with your Account will be terminated and you will no longer be able to use the UP App Suite.
Subscriptions:
The UP App Suite is available to you upon selection of your subscription plan. We currently offer two subscription plans: (a) a monthly plan and (b) an annual plan. The prices of the subscription plans are available within the UP App Suite (the “Subscription Plans” and the “Subscription Fees”, respectively).
We reserve the right to amend the Subscription Plans and the applicable Subscription Fees thereof, without liability to Unplugged and without prior notice. Any changes to the Subscription Fees shall not affect your existing subscription and will become effective upon subscription renewal. Subscription purchases and refunds are handled via multiple third-party payment companies.
The Subscription Plan term will begin at the moment of cleared payment and shall end at the end of the applicable billing cycle of the subscription plan you have (For example, a monthly plan starting on April 5, 2022 shall expire on May 4, 2022). Any reversal of payment will result in the immediate termination of the Subscription Plan term and void any credits and/or discounts and/or any commitments provided by Unplugged.
Subscription Plans will be automatically renewed for successive terms on the applicable billing cycle (monthly or annual). If you would like to discontinue such automatic renewal, you may manually discontinue the renewal through your account settings or by sending an email support at support@unplugged.com.
Cancelation and Refunds:
All payable Subscription Fees are non-refundable and are payable in full, without any deduction of any kind. The Subscription Fees shall be paid regardless of actual use or partial use of the UP App Suite. Unplugged shall not be under obligation to refund any Subscription Fees or make any credits for early termination, partial or no use of the UP App Suite.
In case you terminate your subscription you may continue to use the UP App Suite for the remainder of the subscription’s duration (e.g. if you purchase a yearly subscription and you decide to cancel your subscription after 9 months, you will have access and be able to enjoy the UP App Suite until the expiration of your yearly subscription and your plan will not be automatically renewed).
You are entitled for a refund in case you were charged more than once for your subscription purchase as a result of a technical failure by Unplugged and you informed us about such excessive charge within 14 days of the date of purchase. In such case, please contact us at: support@unplugged.com.
Payments; Payment Processor:
All Subscription Fees are net and exclusive of any taxes (including without limitation any Value Added Tax or other sales tax), customs, tariffs or other charges or fees, all of which will be added to such prices and fees and borne exclusively by you. Unplugged and/or the Payment Processor (as defined below) may ask you to provide your country of residence and/or use the location of your IP address in order to compute the applicable taxes for your purchase. An invoice shall be issued to you by Unplugged after your payment has been processed. Except as otherwise specified in this Agreement, all payments to Unplugged will be made in U.S. dollars or Euros. Such amounts shall be paid by credit card or other methods which may be available upon checkout.
Payment is safely processed through a third party payment processor (such as Stripe) ("Payment Processor") and then paid to us. In the event of credit card fraud or unauthorized use of your Account(s) by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible. In addition, you agree: (i) that the services of Payment Processors may be used to process transactions; (ii) to review and be bound by the Payment Processor's terms of use and privacy policy; (iii) to only provide valid and current information for yourself that may be required to process the payment; and (iv) that unless otherwise provided herein, all payments made are final and non-refundable. You acknowledge that you may need to hold, or register, an active account with the Payment Processor. We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree that you shall have no claim, suit or demand of any kind, and by agreeing to these Terms, hereby irrevocably and completely waive any such claim, suit or demand of any kind, to the extent such may exist or hereafter arise, towards us and any of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers and/or any other person or entity acting on our behalf, in connection with or related to the conduct or any act or omission of a Payment Processor.
8. User Content
You agree that any content published by you through the UP App Suite is done so through the use of technology and tools provided by Unplugged. You agree that you are publishing such content willingly, and you represent that you own such content or have received the necessary authorizations from third parties, that you have all rights to publish said content and that publishing of the content by you complies with all applicable laws.
Unplugged does not claim ownership of any data, text, graphics, photographs, or any other content, and their selection and arrangement, uploaded to the UP App Suite by any user (the "User Content").
9. Privacy and Information Collection
All of your information collected by the UP App Suite will be used, stored and managed in accordance with the terms and conditions of our Privacy Policy (the “Privacy Policy”).
We may change the Privacy Policy as set forth in the Privacy Policy. The new Privacy Policy (or any amendment thereto) may be displayed on-screen or directed to using a hyperlink and you may be required to read and accept it to continue your use of the UP App Suite.
Your continued use of the UP App Suite after a change or modification of the Privacy Policy has been made, will constitute your acceptance of the revised Privacy Policy. If you do not agree to the Privacy Policy, your only remedy is to discontinue your use of the UP App Suite and to cancel any Account(s) you have created for use of the UP App Suite.
10. Communication Channels
The UP App Suite may provide communication channels such as chat areas (the "Communication Channels"), designed to enable you to communicate with other users of the UP App Suite. You acknowledge that materials posted by users on the Communication Channels are neither endorsed nor controlled by Unplugged, and these communications should not be considered reviewed or approved by Unplugged. You will be solely responsible for your activities within the Communication Channels, and under no circumstances will Unplugged be liable for any activity within the Communication Channels. Unplugged is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
Some Communication Channels may be considered as public channels (the “Public Channels”) and Unplugged is under no obligation to monitor these Public Channels but may do so and Unplugged reserves the right to review materials posted to the Public Channels and to remove, block, edit, move, disable or permanently delete any materials, at any time, with or without notice for any reason, at its sole discretion.
You hereby agree that, to the maximum extent permitted by applicable law, Unplugged shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content, that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.
11. Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the UP App Suite and to be bound by this Agreement. You agree that you will comply fully with this Agreement and all applicable domestic and international laws, regulations, statutes, ordinances that govern your use of such UP App Suite. Without limiting the foregoing and in recognition of the global nature of the Internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
You undertake that you shall not defraud, or attempt to defraud, Unplugged or other users, and that you shall not act in bad faith in your use of the UP App Suite. If Unplugged determines that you have acted in bad faith and/or in violation of this Agreement, or if Unplugged determines that your actions fall outside of reasonable standards, Unplugged may, at its sole discretion, terminate your Account and prohibit you from using the UP App Suite. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
a. Create an Account with or access the UP App Suite, if you are barred from receiving the UP App Suite under the provisions of this Agreement or any applicable law;
b. Upload, post, transmit or otherwise disseminate any material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;
c. Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, bullying, discriminate or abuse anyone, hatefully, racially, ethnically or in any other manner;
d. Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except if expressly authorized by Unplugged or by applicable statutory law), modify or alter any part of the UP App Suite;
e. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the UP App Suite or the mobile phones of other users of the UP App Suite;
f. Violate the contractual, personal, intellectual property or other rights of any party, including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the UP App Suite in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
g. Create false personas, set up an Account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate this Agreement and/or the Agreement of service of any third-party applications;
h. Attempt to obtain passwords or other private information from other members including, personally identifiable information (whether in text, image or video form), identification documents, or financial information;
i. Improperly use support channels or complaint buttons to make false reports to Unplugged;
j. Make representations with respect to Unplugged not approved in advance and in writing by Unplugged. You shall obtain Unplugged's prior written approval to the content of any marketing message, and with respect to any use of Unplugged's trade name and/or trademarks and/or designs in connection with the UP App Suite;
k. Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Unplugged 's prior written consent;
l. Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Unplugged's prior written consent;
m. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
n. Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the UP App Suite; and/or
o. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the UP App Suite.
12. Intellectual Property Ownership
Unplugged and/or its affiliates retain all rights in the UP App Suite (including, but not limited to, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the "Application Materials"). The entire contents of the UP App Suite are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the UP App Suite pursuant to this Agreement or otherwise exploit any of the Application Materials without Unplugged's explicit, prior written consent. The foregoing shall not apply to your own User Content that you post through the UP App Suite in accordance with this Agreement. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written consent from Unplugged. Any reproduction or redistribution of materials not in accordance with this Agreement is explicitly prohibited and may result in the termination of your Account as well as severe civil and criminal penalties.
Unplugged and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Application Materials. You hereby acknowledge that you do not acquire any ownership rights by using the UP App Suite or by accessing any of the Application Materials, or rights to any derivative works thereof.
You are not required to provide Unplugged with any feedback or suggestions regarding the UP App Suite or any of the Application Materials. However, should you provide Unplugged with comments or suggestions for the modification, correction, improvement or enhancement of the UP App Suite and/or any of the Application Materials, then, subject to the Agreement and conditions of this Agreement, you hereby grant Unplugged a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Unplugged chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Unplugged's and its sub-licensee's products and content embodying such comments or suggestions in any manner and via any media Unplugged chooses, but without reference to the source of such comments or suggestions.
13. Disclaimer of Warranty; Limitation of Liability; Indemnification
You agree that your use of the UP App Suite shall be at your sole risk. The UP App Suite is provided on an “AS IS” and “AS AVAILABLE” basis. You are solely responsible for any and all acts or omissions taken or made in reliance on the UP App Suite. To the fullest extent permitted by law, Unplugged, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the UP App Suite and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
Unplugged assumes no liability or responsibility for any:
a. Errors, mistakes, inaccuracies, non-suitability or non-conformity of any content;
b. Direct, indirect, special, incidental, punitive or consequential damages including without derogating personal injury, property damages and/or monetary damages, of any nature whatsoever, arising out of the use of or the inability to use the UP App Suite;
c. Any unauthorized access to or use of Third Party Materials (as defined below), secure servers and/or any and all personal information and/or financial information stored therein;
d. Any interruption or cessation of transmission to or from the UP App Suite;
e. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the UP App Suite by any third party;
f. Any results that may be obtained from the use of the UP App Suite;
g. The quality of any information, or other material obtained by you through the UP App Suite;
h. Any content which is published, displayed and/or suggested through the UP App Suite, its integrity, accuracy and/or reliability; and/or
i. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the UP App Suite.
WITHOUT DEROGATING FROM THE ABOVE MENTIONED, IN NO EVENT WILL WE, OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE UP APP SUITE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE UP APP SUITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT DESPITE THE EXPLICIT PROVISIONS OF THIS PARAGRAPH, WE ARE FOUND LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, OUR MAXIMUM AGGREGATE LIABILITY FOR ANY SUCH DAMAGES OF ANY KIND, SHALL NOT EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO UNPLUGGED DURING THE 12 MONTH PRECEDING YOUR CLAIM BUT IN ANY EVENT NO MORE THAN ONE (1) YEAR UP APP SUITE LISTED SUBSCRIPTION PRICE.
The security of information and payments transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet links, shall be borne solely and exclusively by you, and in no event, shall any such losses be borne, in whole or part, by us.
Unplugged provides no representations or guarantees regarding the accuracy, quality, or integrity of any public or private User Content posted via the UP App Suite and/or any Third Party Materials. By using the UP App Suite you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Unplugged will not, under any circumstances, be responsible or liable for any User Content and/or Third Party Materials, including, but not limited to, errors in any User Content and/or Third Party Materials, or any loss or damage incurred by use of the User Content and/or Third Party Materials, or for any failure to, or delay in removing User Content.
You agree to indemnify and hold Unplugged, and each of its affiliates and its and their respective directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:
a. Your use of, and access to the UP App Suite;
b. Use of and access to the UP App Suite by any person;
c. Your violation of any term of this Agreement;
d. Your violation of any third party right, including without limitation any copyright, property, or privacy right;
e. Any claim that any user submission made by you has caused damage to a third party; and/or
f. Any User Content you post or share on or through the UP App Suite.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
14. Dealings with Other Users
Your correspondence or dealings with other users through the UP App Suite, including any agreement, conditions, warranties or representations associated with such dealings, are solely between you and such other user. You agree that Unplugged will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such other users on the UP App Suite.
15. Third Party Material
You may be able to access, review, display or use third party services, applications, resources, content, information or links to other websites or resources (the "Third Party Materials") via the UP App Suite. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and Unplugged disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials through the UP App Suite. You acknowledge and agree that Unplugged: (i) is not responsible for the availability, accuracy, integrity, quality or lawfulness of such Third Party Materials or the products or services on or available from such Third Party Materials; (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) does not make any promises to remove Third Party Materials from being accessed through the UP App Suite. Your ability to access or link to Third Party Materials or third party application does not imply any endorsement by Unplugged of Third Party Materials or any such third party services.
For the avoidance of doubt, and without derogation from the foregoing, any application available on the Unplugged application store (UP Store) which was not developed by Unplugged shall be considered a Third Party Material, and the use, access, view of such Third Party Materials shall be subject to such third party’s terms of use and privacy policy.
This Agreement does not authorize you to, and you may not use any Third Party Materials except as expressly permitted by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials.
Without derogating from any of Unplugged's rights and remedies under this Agreement and/or under law, Unplugged will be entitled, at its sole discretion, to immediately discontinue the UP App Suite or any part thereof, including the termination of your Account, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials.
You may not use any Third Party Materials for which you have not obtained appropriate approval to use. Unplugged cannot grant permission to use third party content.
16. Links, Search Engines
The UP App Suite may contain links to other websites or resources (the "Linked Sites"). The Linked Sites are not under the control of Unplugged and Unplugged is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Unplugged is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Unplugged of the site or any association with its operators. You acknowledge and agree that Unplugged will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
17. Notices
Notices to you may be made via the UP App Suite and/or e-mail. Unplugged may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the UP App Suite. You agree that all agreements, notices, disclosures and any other communications that Unplugged provides as aforementioned satisfy any legal requirement that such communications be in writing. Any and all e-mail notices sent to you will constitute sufficient and effective delivery and notice to you, whether or not you access or review the notice and shall be deemed to have been delivered to you, whether actually received by you or not.
18. General
By using or visiting the UP App Suite, you agree that the laws of Cyprus, without regard to principles of conflict of laws and regardless of your location, will govern this Agreement and any dispute of any sort that might arise between you and Unplugged. Any claim or dispute between you and Unplugged that arises in whole or in part from your use of the UP App Suite shall be decided exclusively by a court of competent jurisdiction located in Cyprus, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Cyprus. Unplugged reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement regularly for any changes. Your use of the UP App Suite following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE UP APP SUITE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The failure by Unplugged to enforce any provision of this Agreement, will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
This Agreement constitutes the complete and exclusive agreement between Unplugged and you regarding its subject, matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by duly authorized representatives of each party.
For any questions about this Agreement or any other issue regarding Unplugged or the UP App Suite please contact us at: support@unplugged.com.
Last update: Oct 9, 2023
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