These Terms of Service ("Terms") are a legal agreement between you ("You" or "User") and FRVR Ltd. ("FRVR" or "We"), the legal entity behind Upit, governing your use of Upit, an innovative AI-powered platform for social networking and end-to-end game creation ("Service").
By accessing or using the Service, You agree that You have read, understood, and accept to be bound by the Terms.
These Terms are effective when the User proceeds to use the Service.
When using the Services, You might be subject to any additional posted guidelines, rules, policies, or documents applicable to specific services and features that may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated.
By using the Service, you agree to the following:
Provided that You comply fully with these Terms, FRVR grants You a limited, personal, non-exclusive, non-transferable, and revocable license to (i) download and use an authorized version of our mobile application of the Service on your device, and (ii) access and use the Service. All rights not expressly granted to You are reserved by FRVR.
You may not, unless permitted by law or authorized in writing by us:
We do not guarantee uninterrupted access to the Services. As we improve our offerings, we may add, change, or remove features, products, or functionalities without notice. Any updates, releases, or additional features will also be governed by these Terms, which may change periodically. FRVR is not responsible to you or third parties for any modifications, suspensions, or discontinuations of the Services.
We are dedicated to protecting Your privacy, and our Privacy Policy outlines the information we collect, how we use it, and your rights regarding your data. The Privacy Policy is an integral part of these Terms.
To access certain features of our Services, You may need to create an Upit account ("Account") by providing a username, password, and email address, as described in our Privacy Policy.
Users can also access the Services as a "Guest" without creating an account. However, please note that certain features and functionalities will be limited to guest users.
To unlock the full range of Services, including personalized and enhanced features, account creation and authentication are required.
(ii) Authentication Methods
Users can authenticate their accounts through the Upit platform. The authentication process is vital for ensuring the security and integrity of the Services. Authentication can occur through the following methods:
(iii) Username Requirement
During the account creation process, Users are required to select a username. The username should not infringe upon the right of any third party and should adhere to FRVR guidelines for appropriate usernames.
(iv) Optional Profile Information
Failure to comply with these guidelines may result in the suspension or termination of the User's account.
When creating an account, You may not:
You are solely responsible for all information associated with Your Account and any activity conducted through it.
You are responsible for maintaining the security of Your Account and taking reasonable and appropriate measures to secure Your access to and use of the Services. We strongly recommend using a strong, unique password for Your Account. If You link Your phone number to Your Account and later change or deactivate it, please promptly update Your Account information. If You suspect any unauthorized access, discover vulnerabilities, or identify any security breaches related to Your use of the Services, You must immediately notify FRVR and provide relevant details to assist in resolving the issue.
You may not license, sell, or transfer your Account without our prior written consent.
All materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement) are protected by law from unauthorized use.
The entire contents of the Service are copyrighted under the European copyright laws and / or similar laws of other jurisdictions.
You agree that no materials that are part of the Service may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without FRVR's express prior written permission, except that the foregoing does not apply to Your own User Content (as defined in clause VII below) that You legally post on the Site.
All other uses of copyrighted material, including any derivative use, require express prior written permission from FRVR. Any reproduction or redistribution of materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties.
The Services and Materials are owned by FRVR and/or its licensors. The software, virtual interfaces, graphics, designs, compilation, information, data, computer code, products, services, trademarks, and all other elements of the Services, including all the games generated via FRVR.ai ("Materials") or with Materials provided by FRVR, are protected by intellectual property and other laws. You acknowledge that You do not acquire any ownership rights by using the Service or by accessing any Materials posted on the Service by FRVR, or any derivative works thereof. FRVR reserves all rights to the Materials not granted expressly in these Terms.
FRVR grants You a personal, non-exclusive, non-transferable, revocable, limited-scope license to use the Service solely for the purpose of viewing and using the applicable Services and displaying the games You create via FRVR.ai and for no other purpose whatsoever. Additionally, FRVR permits You to create derivative works from games generated by other Users via FRVR.ai within the Services. While FRVR owns and retains all intellectual property rights to these derivative works, FRVR grants You a limited, non-exclusive license to use and display such derivative works as part of the Services.
Your license to use the Services is limited by these Terms.
You agree that FRVR can download and install updates to the Service on your device.
You may not use FRVR's trademarks, copyrights, or other proprietary information without Our express written permission.
You agree that You are willingly publishing the content on the Service using technology and tools provided by FRVR. You acknowledge that You may not distribute, sell, transfer, or license any content or application in any manner, in any country, or on any social network or other medium without the explicit written permission of FRVR. You grant FRVR the right to act as an agent on your behalf as operator of the application.
Any data, post, text, graphics, photographs, videos, audio, streams, or other materials you upload to the Services, other than games created via FRVR.ai ("User Content" or "Your Content") are solely Your responsibility. You represent and warrant that You possess all rights, power, and authority necessary to grant the rights to Your Content as outlined in these Terms. As such, You may expose yourself to liability if You post or share content without having all the necessary rights.
You retain ownership of any rights you hold in Your Content; however, by submitting Your Content to the Services, You grant FRVR a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content, including any associated name, username, voice, or likeness, in all media formats and channels, known or unknown, throughout the world.
This license allows FRVR to make Your Content available for syndication, broadcast, distribution, or publication by its partners or other Users. This includes the right to use Your Content to train AI and machine learning models.
While you are solely responsible for Your Content, FRVR does not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content. You acknowledge that You may encounter material that you find offensive or objectionable and You agree that FRVR is not liable for any User Content, including, but not limited to, errors or any loss or damage arising from Your use of it.
FRVR is not responsible for any outcomes generated by AI or for how You interpret these AI-generated outcomes, whether arising from the Services, the use of FRVR.AI within the Services, or in connection with the Services. You accept full responsibility for any decisions or actions You take based on AI-generated content, and FRVR disclaims all liability for any effects, damages, or issues resulting from such content or its interpretation.
FRVR reserves the right to review, screen, edit, or monitor User Content but is not obligated to do so. FRVR may, at it's sole discretion, delete or remove any User Content at any time and for any reason, including violations of these Terms.
You acknowledge and agree that any feedback, comments, or suggestions You may provide regarding the Service will be the sole and exclusive property of FRVR and You hereby irrevocably assign to Us all rights, title, and interest in the foregoing.
The use of FRVR.ai in connection with the Services is subject to these Terms and guidelines. By accessing or using FRVR.ai within the Services, you agree to follow all the terms, conditions, and guidelines provided. If you use FRVR.ai in a manner that violates these Terms and guidelines, your access to the Services may be suspended or terminated.
The FRVR Service may offer communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Users. While FRVR is not obligated to monitor these Communication Channels, it may do so at its discretion and reserves the right to review and remove any materials posted in these areas , at any time, for any reason, with or without notice. FRVR also reserves the right to terminate or suspend Your access to any Communication Channels at any time, without notice, for any reason.
You acknowledge that chats, postings, or materials posted by Users on the Communication Channels are neither endorsed nor controlled by FRVR and should not be considered reviewed or approved by FRVR. FRVR will not be held liable for any content or activity within these Communication Channels under any circumstances.
You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. FRVR is not responsible for information that you choose to share on the Communication Channels, or for the actions of other Users.
By using the Service, You agree to follow these Terms. You also agree that Your use of the Services will be lawful and in line with the following rules. Specifically, You agree not to:
If you encounter content or conduct that violates these Terms, please report it to us at the form available at the Service. Violations may result in warnings, account suspension, or termination without prior notice.
The Service may contain links, information, and references to third-party websites that FRVR does not control or maintain ("Third-Party Websites"). Access to and use of any third-party sites is at Your own risk. We are not responsible for:
If You have a dispute with another User, the provider of any Third Party Website or Third Party Content, any third party that contacts You as a result of Your use of the Service, or any other third party arising in connection with Your use of the Service, You release FRVR from any claims, demands, and actual and consequential damages arising in connection with such disputes.
You agree that Your use of the Service shall be at your sole risk. To the fullest extent permitted by law, the Service, including all content, materials, and features, is provided "as is" and "as available" without any express, implied, legal, or statutory warranties of any kind, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose,non-infringement, accuracy, authority, completeness, or usefulness. We do not warrant that the Service will be accurate, complete, reliable, current, or error-free, or that any errors, interruptions, or harmful components (such as viruses) will be corrected or removed. Additionally, We do not control or endorse any content or actions of third parties or Users, including those who may provide content or services linked to or through the Service, and we disclaim all liability in connection with these.
You are solely responsible for determining the appropriateness of using the Services and assume any risks associated with the use of the Services.
To the fullest extent permitted by law, in no event will FRVR, its directors, officers, agents, contractors, licensors, partners, employees, or third-party providers ("Company Entities") be liable to You or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages including any lost profits out of or related to these Terms or Your use of the Service, whether based on warranty, contract, tort, or any other legal theory. This includes but is not limited to any liability for (i) any errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage resulting from your access to and use of the Service; (iii) unauthorized access to or use of our servers and any personal stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any damage to any User's computer, mobile device, or other equipment or technology, including bugs, viruses, or harmful components transmitted through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of using any content posted, emailed, transmitted, or otherwise made available through the Service; (vii) any outcomes generated by AI, including misinterpretations or misunderstandings of AI-generated content; (viii) Title, non-infringement, merchantability, or fitness for a particular purpose; (ix) security associated with the transmission of information to FRVR or via the Services; or or (x) lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, death, personal injury, or computer failure or malfunction.
You acknowledge that FRVR shall not be liable for any loss or damage incurred as a result of using any content posted, emailed, transmitted, or otherwise made available through the Service.
In jurisdictions where certain limitations of liability are restricted, FRVR's liability shall be limited to the fullest extent permitted by applicable law. In no event shall the total aggregate liability of the Company Entities exceed the greater of one hundred U.S. dollars (USD $100).
Except as otherwise provided in these Terms or with the consent of FRVR, You expressly agree that all information you obtain regarding FRVR while using the Services shall remain strictly confidential and secret and shall not be utilized, directly or indirectly by You for any other purpose, except and solely to the extent that any such information is generally known or available to the public through a source or sources other than You. Notwithstanding the foregoing, You are authorized to deliver a copy of any such information to any person pursuant to a subpoena issued by any court or administrative agency, to its accountants, attorneys, or other agents (including employees and investors on a need to know basis) on a confidential basis and otherwise as required by applicable law.
Except to the extent prohibited by law, You agree to indemnify and hold FRVR, its affiliates, and each of its directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) misuse of the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, intellectual, or privacy rights; (iv) any claim that actions on the Service caused damage to a third party; or (v) any Content you post or share on or through the Service.
We reserve the right to control any matter for which you are required to indemnify us, and you agree to cooperate fully in our defense.
FRVR respects the intellectual property of others and expects Users of our Services to do the same. Our policy includes removing any infringing material from the Services, and, when appropriate, terminating accounts of Users who repeatedly infringe on intellectual property rights.
If You believe that any content in our Services infringes on a copyright trademark You own or control, please notify FRVR's Designated Agent at:
FRVR Limited
61, St. Paul Street, Valletta, VLT 1212
Malta
For a notification to be valid, it must meet the requirements outlined in 17 U.S.C. § 512(c)(3). Please be aware that if You knowingly misrepresent that any content on our Services is infringing, You may be liable for costs and damages to FRVR.
If we remove your content in response to a copyright or trademark notice, we will notify You by email. If you believe Your content was removed in error, you may contact our Copyright Agent at the above address. Please refer to 17 U.S.C. § 512(g)(3) for the requirements of a valid counter-notification.
You may request the termination of these Terms at any time by contacting us to delete your Account and ceasing all use of the Service. Please note that we do not currently offer a manual deletion option. Upon your request, we will handle the deletion process on your behalf.
If you stop using the Services but do not request account deletion, your Account may be deactivated after a period of prolonged inactivity.
Please be aware that certain user-generated content, including games, community posts, comments, and remixes, may be affected by Your account deletion request. FRVR will evaluate the implications of such deletions to determine how these assets will be managed. A notification button will be available for you to submit a deletion request, which will alert FRVR to handle it manually.
To the fullest extent allowed by law, FRVR reserves the right to suspend or terminate your Account, or your access to the Services at any time, with or without cause, including but not limited if You violate these Terms.
The following sections will remain in effect even if these Terms or your Account are terminated: Section VI (Intellectual Property), Section XI (Disclaimer of Warranty), Section XII (Limitation of Liability), Section XIII (Indemnity), Section XV (Termination), and Section XVII (Miscellaneous).
FRVR reserves the right to modify or revise these Terms at any time at its sole discretion. In that case, FRVR will publish the revised Terms and adjust their effective date at the top. If FRVR believes the changes are significant, FRVR may also inform You by giving notice through our Services. By continuing to use or access the Services on or after the effective date of the updated Terms, You accept and agree to the changes. If You do not agree to the updated Terms, your only remedy is to discontinue the use of the Service and cancel any accounts associated with it before the changes become effective.
If You violate these Terms, FRVR may issue a warning or immediately suspend or terminate any accounts You have created. FRVR may refuse access to the Service at any time, without notice, and for any reason, including, but not limited to, a violation of these Terms. FRVR is not obligated to notify You before suspending or terminating your account, though it may choose to do so.
FRVR also reserves the right to change, discontinue, or amend the Service or its content at any time and for any reason, with or without notice. By continuing to access or use the Service following any changes to these Terms on or after their effective date, You accept and agree to be bound by the revised Terms.
By visiting or using the Services, You agree that the laws of Malta, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and FRVR. Any claim or dispute between You and FRVR that arises in whole or in part from Your use of the Service shall be decided exclusively by a court of competent jurisdiction located in Malta, and You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in Malta. YOU AND FRVR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Terms, along with the Privacy Policy and any other agreements expressly referenced within them, form the entire agreement between you and us concerning Your access to and use of the Services. If we do not exercise or enforce a right or provision of these Terms, it does not waive that right or provision. If any part of these Terms is found to be invalid or unenforceable, that portion will still be enforced to the fullest extent possible, and all other parts will remain in effect.
These Terms do not create any agency, partnership, or joint venture between the parties.
You may not assign or transfer any rights or obligations under these Terms without FRVR's prior written consent. FRVR may assign its rights and obligations under these Terms at its discretion.
Last modified on November 4th, 2024