Terms and Conditions
TERMS AND CONDITIONS
[As of 31st January 2022]
These Terms and Conditions (“Terms”) govern your use of Uptime App Ltd.’s (“Uptime’s”) website and the Uptime application - www.uptime.app (the “Uptime Services”). By browsing and using the Uptime Services, you agree to be bound by and to comply with these Terms. If you do not agree with any part of these Terms, please do not use the Uptime Services.
Use of the Uptime Services
The Uptime Services are provided for information purposes only and do not offer any specific advice or recommendations. You are solely responsible for all costs and expenses which you incur in relation to your use of the Uptime Services, including, but not limited to, any charges relating to internet access. Uptime may change the content of the Uptime Services at any time and without any notice to you.
PLEASE NOTE THAT THE SUMMARIES, VIDEOS AND OTHER SUPPORTING MATERIAL USED BY UPTIME MAY NOT BE APPROVED BY OR AFFILIATED WITH THE AUTHOR AND/OR CONTENT CREATOR/PUBLISHER.
Availability of the Uptime Services
Uptime reserves the right to modify, suspend access to or discontinue the Uptime Services, either temporarily or permanently, either with or without notice to you. Uptime may prevent or restrict your access to the Uptime Services if you do not comply with any part of these Terms or any applicable laws.
Uptime grants you a limited, non-exclusive, non-transferable and revocable license (the “License”) to access and use the Uptime Services. You may only use the Uptime Services on a device that you control. The terms of this License will also govern any upgrades provided by Uptime that replace and/or supplement the original Uptime Services, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
However, your right to use the Uptime Services does not include any of the following, which is explicitly prohibited when using the Uptime Services:
Modifying or otherwise making any derivative uses of the Uptime Services or any portion thereof;
Using any data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) of any portion of the Uptime Services or any information contained therein;
Attempting to access areas/features of the Uptime Services that you are not authorized to access;
Any activity that will compromise the security of the Uptime Services;
Reverse engineering or access to the Uptime Services in order to build a competitive product or service;
Using the Uptime Services in any manner that could damage, disable, overburden or impair the functioning of the Uptime Services in any manner; and/or
Using the Uptime Services other than for its intended purposes or in any way that infringes any of the terms and conditions of this agreement.
By using or accessing the Uptime Services you agree, represent and warrant not to do any of this. In case of non-compliance, we may terminate your use of the Uptime Services.
Age Requirements/ Permission by Parent or Guardian
You must be at least 13 years old to use the Uptime Services. If you are under 18, you represent that you have your parent or guardian’s permission to use the Uptime Services. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Uptime Services, you are subject to the terms of this Agreement and responsible for your child’s activity on the Uptime Services.
You will be able to access the basic Uptime Services, which includes the portion of the Uptime App that is available to all users for no charge (the “Basic Subscription”). In addition, Uptime offers Premium content, which is sometimes offered free to users for a limited period of time in Uptime’s sole discretion. You will also be able to access Premium content by purchasing Uptime’s Premium Subscription on terms that are offered to you within the Uptime App. Special Premium Subscription rates may be offered from time to time, but such offers are not guaranteed and are subject to change at any time.
Monthly and Annual Premium Subscriptions
Premium Subscriptions are offered on an annual or monthly basis. The subscription prices are based on local currency and are specific to each country in which the Uptime Services are available. There may be variations in prices offered among the App Store and Google Play, and Uptime is not responsible for any discrepancy. Taxes may also be added to the subscription amounts by the App Store and Google Play depending on local requirements, and Uptime is not involved in or responsible for such collection.
Payments will be charged on a pre-pay basis on the day you sign up for a Premium Subscription and will cover the use of that service monthly or annually as indicated. All payments for Premium Subscriptions will be made by Apple’s or Google’s in-app purchase process. You acknowledge and agree that Uptime does not own or control these third-party payment processors and will not be held liable for any claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorney’s fees, arising out of or in relation to your use of the same.
The Monthly Premium Subscription will be charged monthly on the day of the month in which you initially sign up for the Monthly Premium Subscription and the Annual Premium Subscription will be charged annually on the date in which you initially sign up for the Annual Premium Subscription. The Annual Premium Subscription also includes a 7-day free cancellation period. If you cancel the Annual Premium Subscription within the first 7 days of your first Premium Subscription purchase, you will not be charged and your subscription will revert to a Basic Subscription.
Uptime may change the Premium Subscription rates at any time. If so, we will give you reasonable notice of any such pricing changes by alerting you to the new prices within the Uptime App, notifying you by email and/or text message. If you do not wish to pay the new rates, you can cancel your Premium Subscription prior to such rate increase and your subscription will revert to a Basic Subscription.
Subscription Cancellation, Refunds and Subscription Restoration
You can cancel a Premium Subscription at any time through the App Store or Google Play subscription management settings. Premium Subscriptions that have not been cancelled prior to 24 hours before the end of the subscription billing cycle will automatically renew, and you will be charged for the new subscription billing cycle on a pre-pay basis. Any cancellation will take effect on the day following the last day of your Premium Subscription period and your subscription will then revert to a Basic Subscription. However, if you renew a Premium Subscription after your subscription has been cancelled, your saved hacks and other Premium functionality will be restored.
Premium Subscriptions are generally non-refundable and are subject to the refund policies of the App Store and Google Play. This means Uptime cannot grant refunds and you will have to contact the App Store or Google Play support if you wish to pursue any type of refund.
Additional Terms for Internet Subscriptions No Refunds
Due to the digital nature of the Uptime App, all Premium Subscriptions purchased on the internet (including at www.uptime.app and/or any related domains) are strictly non-refundable unless a trial period is offered (“Trial Offer”) and is expressly stated on your subscription confirmation. If you cancel during the period stated in the Trial Offer, your Premium Subscription will be cancelled and you will not be charged. You may cancel your Premium Subscription to the Uptime Services at any time, and you will continue to have Premium access to the Uptime Services throughout the remainder of your Premium Subscription term.
When purchasing a Premium Subscription through Uptime, you are authorizing Uptime to charge your chosen payment method each agreed period (each month for a Monthly Premium Subscription and each year for an Annual Premium Subscription) for the amount of the fee agreed, each period until your Premium Subscription is cancelled.
Uptime does not provide refunds or credits for any partially used Premium Subscription for any reason, including your dissatisfaction with the Uptime Services. You hereby acknowledge that by creating an account with Uptime and providing payment for your Premium Subscription, you have begun using the Uptime Services and Uptime has begun its contractual performance. As such, you voluntarily waive any right of withdrawal provided by article 16(m) of the European Consumer Rights Directive (CRD) or any similar consumer protection law provision in your territory.
In the event that you purchase a Premium Subscription and are subsequently included in a bulk subscription, such as through an employer or Uptime affiliated partner, etc. (“Additional Subscription”), the Additional Subscription will not automatically terminate your existing Premium Subscription, and your Premium Subscription will continue to automatically renew under its original terms until cancelled.
Gift Card Terms
Uptime now offers gift cards, which are available in specific amounts and redeemable for a Premium Subscription term. Gift cards expire one year from the date of purchase and are currently available in three currencies: Euros (€), Pounds Sterling (£) and U.S. Dollars ($). Depending on the amount of the gift card purchased, it can be redeemed for a one-month or one-year subscription.
Gift cards are transmitted through promo codes, which are visible on the face of the gift card itself. To redeem a gift card, you must register at www.uptime.app and type in the gift card code in the promo code field. Gift cards have no cash valuable and are solely redeemable for a Premium Subscription of the Uptime App.
After you choose a monthly or annual Premium Subscription, the first month or first year of your Premium Subscription will then be free according to the value of your gift card. For example, a gift card in the amount of £14.99 would cover a one-month Premium Subscription and a gift card in the amount of £59.99 would cover an annual Premium Subscription. You will be asked for a credit card number, though the amount charged will be zero unless the cost of the Premium Subscription selected exceeds the amount of the gift card. For instance, you can use a gift card worth one free month (£14.99) to reduce the cost of an annual Premium Subscription (£59.99), in which case you would be responsible for paying the remaining balance (£45.00).
Premium Subscriptions are subject to auto-renewal and will continue to renew until cancelled. You may cancel your Premium Subscription at any time, and you will continue to have access to the Uptime Services throughout the remainder of your Premium Subscription term.
Intellectual Property Rights
You acknowledge and agree that the Uptime Services and all intellectual property rights in it and its content are owned by Uptime and/or its licensors and nothing in these Terms grants you any proprietary rights in the Uptime Services or its content. You may use the Uptime Services and its content only as permitted by these Terms and as necessary to enable you to access any services we may provide to you through the Uptime Services.
You shall not circumvent or delete any copyright, trademark or other proprietary notices contained in the Uptime Services, including any intellectual property notices, or any other security technology embedded or contained within the Uptime Services.
Reproduction of the Uptime Services, Third-party Information and Links
You shall not copy, reproduce or redistribute any of the Uptime Services or its content, in whole or in part, unless you have Uptime’s express written consent to do so.
Any links or connections to third-party websites, web services and content contained in the Uptime Services are not under Uptime’s control and Uptime is not responsible for, and does not endorse, such websites, web services and content or any cookies such third parties may place on your computer or device. Your use of these third-party websites, web services and content may be subject to third-party terms and requirements and you acknowledge and agree that you are responsible for adhering to these. You shall use your own independent judgment regarding your interaction with any third-party websites, web services or content.
You shall use reasonable endeavours to ensure that you do not introduce computer viruses, worms, software bombs or other similar items into the Uptime Services. You shall not use the Uptime Services in a way that could damage, disable, overburden, impair or compromise the Uptime Services or its security.
Accuracy of Information Contained in The Uptime Services
Though Uptime tries very hard to ensure that information on the Uptime Services are correct, neither Uptime, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the content found or offered on the Uptime Services for any particular purpose. You acknowledge and agree that the content on the Uptime Services may contain inaccuracies or errors and that you rely on such content entirely at your own risk.
To the fullest extent permitted by law, Uptime accepts no liability in any event (including, but not limited to, (i) negligence for any damages or loss of any kind, (ii) direct, indirect, incidental, special or consequential damages or losses arising out of, or in connection with, any error, omission, defect, computer virus or system failures, or (iii) loss of any profit, goodwill or reputation) arising out of or in connection with the access to, use of, unavailability of, performance of or linking to the Uptime Services or any of its content.
You acknowledge and agree that if you do not own the computer or device on which you access the Uptime Services, you have obtained permission from the owner to use and access the Uptime Services from such a computer or device and that you are responsible for the use of and access to the Uptime Services by way of such a computer or device.
Uptime is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking amazon.com. As an Amazon Associate, Uptime may earn commissions from qualifying purchases of books from Amazon.com or Amazon.co.uk.
Other Affiliate Networks
Uptime is a participant in the Udemy Affiliate Program, an affiliate advertising program designed to provide a means for our site to earn fees by linking to Udemy.com.
Also, some of the links found within Uptime’s course hacks are affiliate links and Uptime is in the process of establishing an affiliate relationship with the companies behind them. Accordingly, Uptime may earn a commission if you purchase courses through those links. In particular, Uptime is in the process of becoming an affiliate of several affiliate networks such as Rakuten LinkShare and Skillshare, and a participant of several affiliate programs offered by individual organisations such as Coursera and MindValley.
You shall have no right to vary these Terms without Uptime’s express prior written agreement.
Uptime may assign, novate or otherwise transfer any of its rights or obligations under these Terms to a purchaser of all or substantially all of our assets or business involved in the performance of these Terms, by giving you written notice including notice on the Uptime Services. You shall not assign, novate or transfer any of your rights or obligations under these Terms without Uptime’s prior written consent.
No one other than a party to these Terms has any right to enforce them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
If any provision or part-provision of these Terms is held or made invalid, illegal or unenforceable by a court or legislative instrument, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
Your use of the Uptime Services and any dispute arising out of such use is subject to the laws of England and Wales, and the English courts will have jurisdiction in any such matters.
Uptime App Ltd. is registered in England and Wales, number 11587829, with its registered office at 1st Floor, The Glassmill, 1 Battersea Bridge Road, London SW11 3BZ.