Updated at: 2023-03-13.

1. Introduction

Welcome to UpContent.AI (“UpContent”, “we”, “us”, “our”). UpContent is a website that provides plans for content generation. These Terms and Conditions (“Terms”) are a contract between you (“you”, “your”) and UpContent, and govern your access to and use of the UpContent website, services, and products (collectively, “Services”).

2. Acceptance of Terms

By using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

3. Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

4. User Accounts

In order to use the Services, you must register for an account. You are solely responsible for maintaining the security of your account and you must keep your account information up to date. You are responsible for all activities that occur under your account.

5. Privacy

We take your privacy seriously. Our Privacy Policy explains how we collect, use, and disclose information about you. Please read our Privacy Policy carefully.

6. Fees and Payments

You must pay the applicable fees for the Services you purchase. All fees are non-refundable, but subscriptions are cancellable.

7. Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not UpContent, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Services.

8. Proprietary Rights

You acknowledge and agree that UpContent and/or its licensors own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by UpContent and that you shall not disclose such information without UpContent's prior written consent.

9. Disclaimer of Warranties

You understand and agree that your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

You understand and agree that UpContent shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if UpContent has been advised of the possibility of such damages).

11. Indemnification

You agree to indemnify and hold UpContent, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.

12. Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may do so by following the instructions on the website. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

14. Miscellaneous

We will limit or terminate the free plan of new or existing users after 3, 6, or 12 months with or without notice.

These Terms constitute the entire agreement between you and UpContent and govern your use of the Services, superseding any prior agreements between you and UpContent. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other UpContent services, affiliate services, third-party content, or third-party software. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of UpContent to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision. UpContent will not be responsible for failures to fulfill any obligations due to causes beyond its control.

15. Contact

If you have any questions about these Terms, please contact us at hello@upcontant.ai