Upsiapp Oy, (BUSINESS ID, 2791457-4)
Mechelininkatu 44 A 4
00250 HELSINKI
Finland
These are the Terms and Conditions for the use of Upsi software (hereafter ”Software”) and Upsi service (hereafter ”Service”), provided by Upsiapp Oy (hereafter ”Company”).
By using the Software and/or Service, you agree to these Terms and Conditions. Do not install or use this Software or access the Service, if you do not agree to these Terms and Conditions.
If a dispute arises between you and Upsiapp Oy, we ask you to contact us directly through email address ace(at)upsiapp.com. You agree that all disputes shall be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute between you and Upsiapp Oy must be resolved exclusively by a court located in Helsinki, Finland. Each party is liable for their own legal and miscellaneous fees.
THE SOFTWARE AND SERVICE IS PROVIDED "AS IS" AND THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE AND SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE OR SERVICE.
2.1 All data and information collected automatically or provided by the User, while using the Software, is stored by the Service.
The Service stores following User data (if provided): first name, last name, email, picture.
The user data is needed for app login and other app functionalities
2.2 Some user data is accessible to other users of the Service e.g player name, picture and game statistics
2.3 All or some of the User data may be published online by the Service e.g player name, picture and game statistics
2.4 The Service does not guarantee the privacy or security of your data. User acknowledges the risk of unprotected data.
2.5 In case user wants to remove his or hers account and/or data please contact us through email address ace(at)upsiapp.com
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Application - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
The Owner allows Users to upload, share or provide their own content to this Application.
By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Users acknowledge and accept that by providing their own content on this Application they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application.
Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.
Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Application:
if any complaint based on such content is received; if a notice of infringement of intellectual property rights is received; upon order of a public authority; or where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service. The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.
Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
Violate laws, regulations and/or these Terms; infringe any third-party rights; considerably impair the Owner’s legitimate interests; offend the Owner or any third party. Software license Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to this Application are held by the Owner and/or its licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.
All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.
Without prejudice to the above, under this license Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.
The Owner reserves the right to release updates, fixes and further developments of this Application and/or its related software and to provide them to Users for free. Users may need to download and install such updates to continue using this Application and/or its related software.
New releases may only be available against payment of a fee.
The User may download, install, use and run the software on one device.
Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.
Prices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.
While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection. After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
Unless the order receipt expressly includes the acceptance of the order, in which case the contract is therefore then entered into, the purchase contract is entered into at the moment the User receives the communication of order acceptance. Subject to availability and to the Owner’s discretion, the order shall be accepted without undue delay. If the order is not accepted, the Owner shall issue a refund. The rejection of an order shall not entitle the User to bring any claim against the Owner, including compensation for damages.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Application are displayed:
either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
The payment of the purchase price may be settled in two or more installments, within the deadlines specified on this Application or otherwise communicated by the Owner. Specific Products may be excluded from this payment model. If the User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Unless otherwise stated, digital content purchased on this Application is delivered via download on the device(s) chosen by Users.
Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.
Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
3.1 The Software and Service collects statistical and technical information about the User as Analytics Data.
3.2 Analytics data is analyzed using third party tools, to which apply their respective privacy policies (see Section 4).
In case of contradiction between Upsi terms and conditions and third party agreements, Upsi terms and conditions apply.
Google Analytics: https://www.google.com/policies/privacy/partners/
Facebook: https://www.facebook.com/legal/terms