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Terms and Conditions for UpChatty
Last Updated: 2024-07-25 Introduction Welcome to UpChatty (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes. These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at upchatty.com operated by UpChatty. Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Please read it at https://upchatty.com/privacy. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements and agree to be bound by them. If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing support@upchatty.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use the Service. Thank you for being responsible. Communications By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us. Contests, Sweepstakes, and Promotions Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply. Subscriptions Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or UpChatty cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the UpChatty customer support team. A valid payment method, including a credit card, is required to process the payment for your subscription. You shall provide UpChatty with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize UpChatty to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, UpChatty will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Free Trial UpChatty may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by UpChatty until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, UpChatty reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer. Fee Changes UpChatty, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. UpChatty will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. Refunds Except when required by law, paid Subscription fees are non-refundable. Content Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. UpChatty has the right but not the obligation to monitor and edit all Content provided by users. Prohibited Uses You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service: (a) In any way that violates any applicable national or international law or regulation. (b) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. (c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation. (d) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity. (e) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. (f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability. Additionally, you agree not to: (a) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service. (b) Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service. (c) Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent. (d) Use any device, software, or routine that interferes with the proper working of the Service. (e) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. (f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service. (g) Attack the Service via a denial-of-service attack or a distributed denial-of-service attack. (h) Take any action that may damage or falsify the Company rating. (i) Otherwise attempt to interfere with the proper working of the Service. Analytics We may use third-party Service Providers to monitor and analyze the use of our Service. Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. No Use by Minors The Service is intended for individuals at least 18 years old. By using the Service, you confirm that you are at least 18 and have the authority to agree to these Terms. If you are under 18, you are not permitted to use the Service. Accounts When creating an account, you must provide accurate and complete information. Failure to do so may result in account termination. You are responsible for maintaining the confidentiality of your account and password. Notify us immediately if you suspect any security breaches or unauthorized use of your account. You cannot use a username that is offensive or infringes on others' rights. Links to Other Websites Our Service may link to third-party websites or services. We are not responsible for their content, privacy policies, or practices. Use them at your own risk and review their terms and privacy policies. Disclaimer of Warranty Our Service is provided “as is” without warranties of any kind. We do not guarantee the accuracy, reliability, or availability of the Service. Use it at your own risk. Limitation of Liability We are not liable for any indirect, punitive, special, incidental, or consequential damages arising out of or in connection with this agreement. Our liability is limited to the amount paid for the products and services. Some states do not allow these limitations, so they may not apply to you. Termination We may terminate or suspend your account immediately for any reason, including breach of Terms. If you wish to terminate your account, stop using the Service. Provisions that should survive termination will remain in effect. Governing Law These Terms are governed by the laws of the State of Delaware. Our failure to enforce any right or provision will not constitute a waiver. If any provision is invalid, the remaining Terms will remain in effect. Changes to Service We may withdraw or amend the Service without notice. We are not liable if the Service is unavailable for any period. We may restrict access to parts or all of the Service. Amendments to Terms We may amend these Terms by posting new terms on this site. Your continued use of the Service means you accept the changes. Check this page periodically for updates. Waiver and Severability No waiver of any term will be a continuing waiver or a waiver of any other term. If any provision is deemed invalid, the remaining Terms will continue in effect. Acknowledgment By using our Service, you acknowledge that you have read and agree to these Terms.