TERMS OF USE
Last Updated: September 15, 2024
1. Terms
The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between you and Uprise Labs, its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors (collectively, “Uprise Labs”) and applies to your access to and use of www.upriseapps.com website and any other mobile applications, websites and/or any services that are made available by Uprise Labs on the Apple App Store, Google Play App Store, Amazon App Store or on Facebook (collectively, the “Services”).
Prior to your accessing or using the Services, please read these Terms of Services and the Privacy Policy carefully.
THESE ARE LEGALLY BINDING AGREEMENTS BETWEEN YOU AND UPRISE LABS. BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICES AND PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THE SERVICES OR CEASE USE OF THEM IMMEDIATELY. USE OF THE SERVICE IS VOID WHERE PROHIBITED. YOU ACKNOWLEDGE THAT THE SERVICES ARE LICENSED, NOT SOLD, TO YOU.
When you access the Services, you may be required to register an account (“Account”). By registering for an account or by using the Services in any capacity, you represent that you are at least 18 years old and you understand and agree to these Terms of Services. If you are under the age of 18 and at least 13 years old, then you represent that your parents or your legal guardian has reviewed and agreed to these Terms of Services. No one under the age of 13 may use the Services under any circumstances. If you access the Services through a Third-party platform like Apple, Google, Amazon and/or from a Social Networking Site (“SNS”) such as Facebook or Google, you are obligated to comply with the Third Parties' terms and conditions as well as these Terms of Services.
2. Changes to Terms or Services
Uprise Labs reserves the right to amend, change, modify, add or remove portions of the Terms of Services and Privacy Policy at any time, at its sole discretion, by posting the updated version on its website and within the mobile applications. You will be deemed to have accepted such changes by continuing to use any of the Services. If at any point you do not agree to any portion of the current version of the Terms of Services, the Privacy Policy or any other Uprise Labs policy, rules or codes of conduct relating to your use of the Services, then you must cease your use of the Services, and your license to use the Services will be immediately terminated.
For your convenience, the date of last revision is included at the top of this page. Uprise Labs may make changes to the Services at any time or discontinue your access to the Services at any time without warning and without a refund of any kind. You understand and hereby agree that Uprise Labs may discontinue or restrict your use of the Services for any reason and without notice or compensation.
3. License
3.1. Grant of a Limited License to Use the Services
The Services are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. Uprise Labs grants limitations provided herein to access and use the Service using a personal computer for the Service or a mobile device for the Apps solely for your individual, non-commercial entertainment purposes.
Except as may be expressly permitted by Uprise Labs, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Service. You shall not create an Account or access the Services if you are under the age of 13; you shall restrict use by minors; and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Services by minors and are responsible for any use of your credit card or other payment instrument by minors.
3.2. Conditions of License
You acknowledge and agree that you shall not, under any circumstances: name your Account or adopt a username in the Services with the intent to impersonate another individual or entity; sell, rent or give away your Account; use the Services if you have previously been removed by Uprise Labs; use your Account for commercial purposes; or engage in any act that Uprise Labs deems to be in conflict with the spirit or intent of the Services.
3.3. Login Information and Your Account
To access the Services, you may need to create a user Account, and you will be required to select a password (“Login Information”). You are responsible for all transactions in your Account. Uprise Labs strongly encourages you to keep your password safe and never to give your Account information to anyone else.
3.4. License Term
The term of the licenses granted to you under this Terms of Services shall commence on the date you accept this Terms of Services and install or otherwise use the Services and ends on the earlier date of either your disposal of the license or termination of this Terms of Services by Uprise Labs.
3.5. Suspension and Termination of Services
Without limitation to any other remedies, Uprise Labs may delete, suspend, terminate, limit or modify accounts or access to the services or any portions thereof if Uprise Labs suspects or if you have failed to comply with any of the Terms of Services, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you.
4. Ownership and User Content
4.1. Applications and Services
All rights, title and interest in and to the Services are owned solely by Uprise Labs. Uprise Labs reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its applications and the Services.
4.2. User Accounts
You acknowledge and agree that you shall have no ownership or other property interest in the account, and all rights in and to the account are and will forever be owned by and inure to the benefit of Uprise Labs.
4.3. User Content
“User Content” means any communications, images and sounds and all the material, data and information that you upload or transmit through the Services, or that other users upload or transmit. You hereby grant to Uprise Labs a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, adapt, modify, distribute, and use such User Content.
5. Fees and Purchase Terms
5.1. Virtual Items
You may purchase with “real world” money a limited, non-transferable, non-sub-licensable, revocable license to use virtual currency and virtual in-app items within the Services for your personal and non-commercial entertainment.
5.2. Fees, Refunds and Return Policy
All sales through the Service are final. You acknowledge and agree that any applicable fees and other charges are not refundable in whole or in part.
6. Updates to the Services
You acknowledge and agree that Uprise Labs may update the Services and the applications you have installed on your computer or mobile device with or without notifying you.
7. Third-party Services
The Services may include links to Third-party services. You acknowledge and agree that Third-party services are subject to respective Third-party terms and conditions.
8. Feedback
Uprise Labs welcomes feedback, comments and suggestions for improvements to the Services. You can submit Feedback by emailing us at upriselabs@gmail.com.
9. Warranty Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. UPRISE LABS DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPRISE LABS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES. UPRISE LABS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO UPRISE LABS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM.
11. Indemnity
You agree to indemnify, defend and hold Uprise Labs harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any Third Party resulting from or arising out of any breach by you of this Terms of Services.
12. Dispute Resolution and Applicable Law
You agree that all disputes between you and Uprise Labs shall be governed by the laws of Turkey by a court located in Istanbul without regard to conflict of law provisions.
13. No Class Actions
You and Uprise Labs can only bring a claim against each other on an individual basis.
14. Severability
If any portion of these Terms of Services is found illegal or unenforceable, such provision shall be ineffective solely to the extent of such determination without affecting the remaining provisions.
15. Assignment
Uprise Labs may assign or delegate these Terms of Services, in whole or in part, to any person or entity at any time, with or without your consent.
16. Supplemental Policies
Uprise Labs may publish additional policies related to specific services such as forums, contests or loyalty programs.
17. Entire Agreement
The Terms of Services and Privacy Policy contain the entire understanding of you and Uprise Labs relating to the subject matter hereof.
18. No Waiver
The failure of Uprise Labs to require or enforce strict performance by you of any provision of these Terms of Services shall not be construed as a waiver or relinquishment of Uprise Labs' right to assert or rely upon any such provision.
19. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Services to Uprise Labs are of a unique and irreplaceable nature, the loss of which shall irreparably harm Uprise Labs.
20. Force Majeure
Uprise Labs shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control.
21. Partnership
Your use of the Services does not constitute any joint venture, partnership, employment or agency relationship between you and Uprise Labs.
22. Notices
Uprise Labs may notify you via postings on www.upriseapps.com, on app-store pages, on Social Networking Sites, in the applications and via e-mail. All notices given by you will be sent to upriselabs@gmail.com.