Last Updated: 24.05.2024
Welcome to UPSTRIVE (the "App"). These Terms and Conditions ("Terms") govern your use of the App, which is owned and operated by UPSTRIVE GMBH, Salzburg, Austria ("we," "us," "our"). By downloading, installing, or using the App, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, do not use the App.
2.1 Eligibility: The App is designed for children under the age of 18 ("Child" or "Children"). By allowing a Child to use the App, the parent or legal guardian ("Parent") consents to these Terms on behalf of the Child.
2.2 License: We grant you a limited, non-exclusive, non-transferable, and revocable license to use the App for personal, non-commercial purposes.
2.3 Parental Responsibility: Parents are responsible for monitoring their Child's use of the App and ensuring that the Child complies with these Terms.
3.1 Account Creation: To access certain features of the App, a Parent may need to create an account on behalf of the Child. The Parent agrees to provide accurate and complete information during the registration process.
3.2 Account Security: The Parent is responsible for maintaining the confidentiality of the account credentials and for all activities that occur under the account. The Parent agrees to notify us immediately of any unauthorized use of the account.
4.1 In-App Purchases: The App may offer products and services for purchase ("In-App Purchases"). All In-App Purchases are subject to Apple's terms and conditions. Parents must approve any In-App Purchases made by the Child.
4.2 Subscription Services: Some features of the App may be available on a subscription basis. The Parent agrees to pay all applicable fees for subscriptions and to abide by any additional terms specific to the subscription services.
5.1 Content Ownership: The parent or legal guardian retains ownership of any content submitted by the child through the App ("User Content"). However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and modify the User Content solely for the purpose of operating and providing the App. We will not share User Content with any third party or use it for marketing purposes without your explicit consent.
5.2 Prohibited Content: The Parent agrees not to allow the Child to submit any User Content that:
Is illegal, harmful, or offensive;
Infringes the intellectual property rights of others;
Contains viruses or other harmful code.
We are committed to protecting your privacy. Our Privacy Policy, which can be found in the app, explains how we collect, use, and disclose information about you and the Child. By using the App, the Parent consents to our collection and use of information as described in the Privacy Policy.
All content and materials included in the App, including but not limited to text, graphics, logos, and software, are the property of UPSTRIVE GMBH, Salzburg, Austria or its licensors and are protected by applicable intellectual property laws. The Parent agrees not to use any such content or materials without our prior written permission.
8.1 Disclaimers: The App is provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 Limitation of Liability: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
The use or inability to use the App;
Any unauthorized access to or use of our servers and/or any personal information stored therein;
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App by any third party;
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the App.
The Parent agrees to indemnify, defend, and hold harmless UPSTRIVE GMBH, Salzburg, Austria, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with the Child's access to or use of the App or the Parent's violation of these Terms.
We may modify these Terms at any time. We will provide notice of any changes by posting the new Terms on the App or by other means. The Parent's continued use of the App following such notice constitutes acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the laws of Austria without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Salzburg, Austria.
If you have any questions about these Terms, please contact us at info@upstrivesystem.com
