UTHUPIA PURCHASER TERMS OF SERVICE

Last updated July 03, 2024

Please read these terms and conditions carefully before using Our Service.

Uthupia allows you to access certain features in exchange for payment of a one-time or recurring fee, as applicable to the relevant features (each a “Paid Service” and collectively the "Paid Services"). For example, Uthupia Premium (as defined below) and Subscriptions would each be considered a “Paid Service.”

To the extent that you sign up for and/or use a Paid Service, your use of the Paid Services and any corresponding transactions are subject to: (i) the terms and conditions set forth herein, including the applicable terms and conditions for each Paid Service you purchase, each as listed below (collectively, the “Uthupia Purchaser Terms of Service”) and (ii) the applicable Uthupia Terms of Service, Uthupia Privacy Policy, and all policies incorporated therein (collectively, the Uthupia User Agreement”). This Uthupia Purchaser Terms of Service and the aforementioned Uthupia User Agreement shall be collectively referred to in this document as the “Terms”. “Uthupia” refers to the Uthupia entity that provides the Paid Services to you.

Please read these Uthupia Purchaser Terms of Service carefully to make sure you understand the applicable terms, conditions and exceptions. IF YOU LIVE IN THE UNITED STATES, THESE TERMS CONTAIN IMPORTANT INFORMATION THAT APPLY TO YOU ABOUT RESOLUTION OF DISPUTES THROUGH BINDING ARBITRATION RATHER THAN IN COURT, INCLUDING A WAIVER OF YOUR RIGHT TO BRING CLAIMS AS CLASS ACTIONS AND THE RIGHT TO OPT OUT, AND A LIMITATION ON YOUR RIGHT TO BRING CLAIMS AGAINST Uthupia MORE THAN 1 YEAR AFTER THE RELEVANT EVENTS OCCURRED, WHICH IMPACT YOUR RIGHTS AND OBLIGATIONS IF ANY DISPUTE WITH Uthupia ARISES. SEE SECTION 6 UNDER GENERAL TERMS FOR DETAILS ON THESE PROVISIONS.

Acceptance. By using or accessing a Paid Service(s) from Uthupia, submitting payment thereunder and/or clicking on a button to make a one-time purchase or recurring subscription payments for the Paid Service provided by Uthupia, you agree to be bound by the Terms. If you do not understand the Terms, or do not accept any part of them, then you may not use or access any Paid Services. To purchase and use a Paid Service you must: (i) be at least 18 years old or the age of majority as determined by the laws of the jurisdiction in which you live or (ii) have the express consent of your parent or guardian to purchase and use that Paid Service. If you are a parent or legal guardian and you allow your child (or a child that you are a guardian of) to purchase or use a Paid Service, you agree that the Terms apply to you, that you will abide by the Terms, and that you are responsible for the child’s activity on the Paid Services and for ensuring that the child also abides by the Terms. In any case, as stated in the Who May Use the Services section of the Uthupia Terms of Service, you must be at least 13 years old to use the Uthupia Service. If you are accepting these Uthupia Purchaser Terms of Service and using the Paid Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Uthupia Purchaser Terms of Service, in which case the words “you” and “your” as used in these Uthupia Purchaser Terms of Service shall refer to such entity.

Changes to Terms, Paid Services and Pricing

1. CHANGES TO TERMS

Uthupia may revise these Uthupia Purchaser Terms of Service from time to time. The changes will not be retroactive, and the most current version of the Uthupia Purchaser Terms of Service, available at uthupia.com/terms, will govern your use of Paid Services and any corresponding transactions. If we modify or revise these Terms after you have agreed to them (for example, if these terms are modified after you have purchased a subscription), we will notify you in advance of material revisions to these terms. Such notification may be provided electronically, including (and without limitation to) via a service notification or an email to the email address associated with your account. By continuing to access or use the Paid Services after those revisions become effective, you agree to be bound by the revised Uthupia Purchaser Terms of Service. If you do not agree to abide by these or any future Uthupia Purchaser Terms of Service, do not use or access (or continue to use or access) the Paid Services.

The Uthupia Purchaser Terms of Service are written in English. You acknowledge that English shall be the language of reference for interpreting and constructing the terms of the Uthupia Purchaser Terms of Service.

2. CHANGES TO PAID SERVICES

Our Paid Services evolve constantly. As such, the Paid Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Paid Services or any features within the Paid Services to you or to users generally with or without notice. Uthupia is not liable to you or to any third party for any modification, suspension or discontinuance of the Paid Services. The specific terms and conditions (included below) for the specific Paid Service specify how you can cancel a subscription or, when applicable, seek a refund.

3. CHANGES TO PRICES

Prices for Paid Services, including recurring subscription fees, are subject to change from time to time. Uthupia will provide reasonable advance notice of any material change to the price of Paid Services. For subscription services, price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with a price change, you have the right to reject the change by cancelling your subscription to the applicable Paid Service prior to the price change going into effect.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Payment Terms

Uthupia offers various payment options that may vary by Paid Service, your device and/or operating system, your geographic location, or other factors. To the extent available (as Uthupia may make various purchase methods available from time to time), these payment options may include the ability to use “In app payment” functionality offered by Google or Apple, or to make a web payment using Uthupia's third party payment processor, Stripe (www.stripe.com - hereafter “Stripe”). When you make a payment, you explicitly agree: (i) to pay the price listed for the Paid Service, along with any additional amounts relating to applicable taxes, credit card fees, bank fees, foreign transaction fees, foreign exchange fees, and currency fluctuations; and (ii) to abide by any relevant terms of service, privacy policies, or other legal agreements or restrictions (including additional age restrictions) imposed by Google, Apple, or Stripe (as Uthupia's third party payment processor) in connection with your use of a given payment method (for example only, if you choose to make your payment via Apple’s in-app purchasing functionality, you agree to abide by any relevant terms, requirements, and/or restrictions imposed by Apple). Any private personal data that you provide in connection with your use of the Paid Services including, without limitation, any data provided in connection with payment, will be processed in accordance with the Uthupia Privacy Policy. Uthupia may share your payment information with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit cards, debit cards, or ACH. It is your responsibility to make sure your banking, credit card, debit card, and/or other payment information is up to date, complete and accurate at all times. If you make a payment for a Paid Service, we may receive information about your transaction such as when it was made, when a subscription is set to expire or auto- renew, what platform you made the purchase on, and other information. Uthupia will not be responsible or liable for any errors made or delays by a payment processor, Apple’s App Store or the Google Play Store, your bank, your credit card company, and/or any payment network. Please refer to each specific Paid Service Terms and Conditions below for payment terms applicable to that specific Paid Service, including how subscription renewals are handled and other important terms.

Application of Uthupia User Agreement, Termination, No Refunds, Multiple Uthupia Accounts, and Restrictions

1. THE UTHUPIA USER AGREEMENT APPLIES TO YOU

YOU MUST ALWAYS FOLLOW AND COMPLY WITH THE UTHUPIA USER AGREEMENT. The Uthupia User Agreement always applies to your use of the Uthupia Service, including the Paid Services and features. Your failure to follow and comply with the Uthupia User Agreement, or Uthupia's belief that you have failed to follow and comply with the Uthupia User Agreement, may result in the cancellation of your Paid Services. Any such cancellation will be in addition to, and without limitation of, any enforcement action that Uthupia may take against you pursuant to the Uthupia User Agreement. In such instances you may lose the benefits of your Paid Services and you will not be eligible for a refund for any amounts you have paid (or pre-paid) for Paid Services.

2. WHY UTHUPIA MIGHT TERMINATE YOUR ACCESS TO PAID SERVICES

Uthupia may suspend or terminate your access to Paid Service(s) or cease providing you with all or part of the Paid Services (without any liability) at any time for any or no reason, including, but not limited to any of the following reasons:

a. Uthupia believes, in its sole discretion, that you have violated the Terms or your use of the Paid Service(s) would violate any applicable laws;
b. Uthupia is requested or directed to do so by any competent court of law, regulatory authority, or law enforcement agency;
c. Uthupia has unexpected technical or security issues;
d. Uthupia believes you have violated the Uthupia User Agreement;
e. You create risk or possible legal exposure for Uthupia;
f. Your account should be removed due to unlawful conduct;
g. Your account should be removed due to prolonged inactivity; or
h. Our provision of the Paid Services (in whole or in part) to you is no longer commercially viable (in Uthupia's sole discretion).

3. ALL TRANSACTIONS ARE FINAL

All payments for Paid Services are final and not refundable or exchangeable, except as required by applicable law. We make no guarantee as to the nature, quality, or value of a Paid Service or the availability or supply thereof. Refunds or credits are not provided for any unused or partially used Paid Service (for example, a partially used subscription period).

4. PAID SERVICES ARE NON-TRANSFERABLE BETWEEN UTHUPIA ACCOUNTS

Each purchase of a Paid Service applies to a single Uthupia account, meaning that your purchase will apply solely to the account you were using when you purchased the Paid Service and will not apply to other accounts that you may have access to, or control over. If you have or control multiple accounts and you want access to Paid Services on each account, you must purchase the Paid Service on each account individually.

5. RESTRICTIONS AND OBLIGATIONS

a. You may only purchase and use a Paid Service if you are legally allowed to use the Paid Service in your country and you live in a country supported by Uthupia for the applicable Paid Service. Uthupia may, in its discretion, restrict the ability to access or purchase a Paid Service in certain countries. Uthupia reserves the right to modify the list of supported countries from time to time.
b. We reserve the right to refuse Paid Services transactions or to cancel or discontinue the sale or use of a Paid Service in our sole discretion.
c. You may not allow others to use your Uthupia account to access any Paid Service that such person did not order.
d. You may not purchase or use a Paid Service if you are a person with whom U.S. persons are not permitted to have dealings pursuant to economic sanctions, including, without limitation, sanctions administered by the United States Department of the Treasury's Office of Foreign Assets Control or any other applicable sanctions authority ("Prohibited Person"). This includes, without limitation, persons located in, or ordinarily resident in, the following countries and regions: Cuba, Iran, the Ukraine regions of Crimea, North Korea and Syria. You represent and warrant that you are not a Prohibited Person.
e. YOU REPRESENT THAT YOU WILL USE THE PAID SERVICES ONLY FOR LAWFUL PURPOSES AND ONLY IN ACCORDANCE WITH THE TERMS.

Taxes and fees

You are responsible for and agree to pay any applicable taxes, duties, tariffs, and fees related to the purchase of Paid Services, including those required to be paid to either Uthupia or a third-party payment processor. These taxes may include, but are not limited to, VAT, GST, sales tax, withholding tax, and any other applicable taxes. Depending on your location, Uthupia may be responsible for collecting and reporting information related to transaction taxes arising from your purchase of Paid Services. You grant Uthupia permission to provide your account and personal information to relevant tax authorities to fulfill our tax collection and reporting obligations.

General Terms

1. CONTACT INFORMATION

If you have any questions about the Paid Services or these Terms, you can check out the Uthupia Paid Services Help Center for more details. If you’ve already purchased a Paid Service, you can also contact us via the support link available in the navigation menu of your Uthupia account under the payment or subscription settings. If you have additional questions, then you can contact us here by using the “Help with paid features” form.

2. DISCLAIMERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE PAID SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PAID SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. UTHUPIA DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UTHUPIA MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE PAID SERVICES; AND (II) WHETHER THE PAID SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU ARE RESPONSIBLE FOR YOUR USE OF THE UTHUPIA SERVICE, INCLUDING THE PAID SERVICES, AND ANY CONTENT YOU PROVIDE.

APPLICABLE LAW IN YOUR JURISDICTION MAY NOT ALLOW FOR CERTAIN LIMITATIONS OF LIABILITY. TO THE EXTENT REQUIRED BY APPLICABLE LAW IN YOUR JURISDICTION, THE ABOVE DOES NOT LIMIT THE UTHUPIA ENTITIES’ LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, GROSS NEGLIGENCE, AND/OR INTENTIONAL CONDUCT. TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, THE UTHUPIA ENTITIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY NON-EXCLUDABLE WARRANTIES IS LIMITED TO ONE HUNDRED US DOLLARS (US$100.00).

4. NOTICE REGARDING APPLE

To the extent that you purchased the Paid Services or are using or accessing the Paid Services on an iOS device, you further acknowledge and agree to the terms of this Section. You acknowledge that the Terms are between you and us only, not with Apple, and Apple is not responsible for the Paid Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the Paid Services. In the event of any failure of the Paid Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the Paid Services to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Paid Services. Apple is not responsible for addressing any claims by you or any third-party relating to the Paid Services or your possession and/or use of the Paid Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Paid Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Paid Services and/or your possession and use of the mobile application infringe that third-party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Paid Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary of the Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

5. CONFLICT

In the event of a conflict between the provisions of this Uthupia Purchaser Terms of Service and those of the Uthupia User Agreement, the provisions of this Uthupia Purchaser Terms of Service take precedence solely with respect to your use of a Paid Service.

6. DISPUTE RESOLUTION AGREEMENT--BINDING ARBITRATION AND CLASS ACTION WAIVER

THIS SECTION APPLIES TO YOU ONLY IF YOU LIVE IN THE UNITED STATES. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

a. General. The following provisions are important with respect to the agreement between you and Uthupia regarding Uthupia's features or products memorialized by these Terms. Subject to the provisions below, including exceptions set forth in this Section 6, you and Uthupia agree to arbitrate any disputes, claims, or controversies arising out of or relating to these Terms, the marketing of Paid Services, and/or your participation in the Paid Services (individually a “Dispute,” or more than one, “Disputes”).
b. Initial Dispute Resolution. Most disputes between you and us can be resolved informally. If you’ve already purchased a Paid Service, our support team is available via the support link available in the navigation menu of your Uthupia account under the payment or subscription settings to address any concerns you may have regarding the Paid Services. When you contact us, please provide a brief description of the nature and bases for your concerns, your contact information and the specific relief you seek. The parties shall use their best efforts through this support process to settle any Dispute. You and we agree that good faith participation in this informal process is required and must be completed as set forth above before either party can initiate arbitration regarding any Dispute.
c. BINDING ARBITRATION. If we cannot reach an agreed upon resolution with you regarding a Dispute within a period of thirty (30) days from the time informal dispute resolution commences under the Initial Dispute Resolution provision above, then either you or we may initiate binding arbitration, which will be the sole means to resolve any Dispute, subject to the terms set forth below and except for claims brought in small claims court or unless you opt out. Specifically, all Disputes shall be finally resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) in San Francisco, CA, and through a single mutually agreed upon arbitrator, in accordance with the provisions of the AAA’s Consumer Arbitration Rules, available at www.adr.org or by calling the AAA at 1.800.778.7879. YOU AND UTHUPIA HEREBY EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY OR JUDGE. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute, including, but not limited to, any claim that all or any part of these Uthupia Purchaser Terms of Service are void or voidable, or whether a Dispute is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, provided that such relief (including injunctive relief) is limited to your individual circumstances. Notwithstanding the requirements of this arbitration provision, if the Dispute involves a claim for public injunctive relief, you may choose to sever that claim from the arbitration proceeding and bring it in any court of proper jurisdiction. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

YOU HAVE ONE YEAR TO BRING A CLAIM AGAINST Uthupia, UNLESS YOU OPT OUT. You must bring any claim against Uthupia within one (1) year after the date on which the claim arose, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If you do not bring a claim within this period, you waive, to the fullest extent permitted by law, all rights you have to such claim and Uthupia will have no liability with respect to such claim.

d. Filing Process and Costs. To start an arbitration, you can get submission instructions at: https://adr.org/Support. Uthupia will pay your initial filing fee of $200 and costs of the arbitration up to the extent required and as defined in the AAA Consumer Arbitration Rules, but in no greater amounts than those set forth in this provision. If, however, the arbitrator determines that claims were filed for the purposes of harassment or were patently frivolous, the arbitrator can reallocate the arbitrator’s compensation and administrative fees, including the filing and hearing fees, as set forth in the AAA Consumer Arbitration Rules. The arbitration rules also permit you to recover attorneys’ fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
e. Location. Arbitration will take place on a documents-only basis or you can choose to conduct the proceedings by telephone, video, or in-person. For in-person arbitration, the proceedings will be in the city or county where you reside or, if you do not reside in the United States, in the State of California, County of San Francisco.
f. Class Action Waiver. YOU AND WE FURTHER AGREE THAT ANY CLAIMS MAY ONLY BE BROUGHT IN OUR INDIVIDUAL CAPACITIES AND NOT ON BEHALF OF, OR AS PART OF, A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Unless you and we both agree in writing, the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding.
g. Severability. If it is determined that any part of this Dispute Resolution Agreement cannot be enforced as to a particular claim for relief or remedy (such as injunctive relief), then that claim or remedy (and only that claim or remedy) shall be severed and must be brought in a court of proper jurisdiction and any other claims must be arbitrated.
h. Exception - Litigation of Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
i. 30-Day Right to Opt Out. If you wish to opt out and not be bound by these arbitration provisions set forth above, you can send written notice of your decision to opt out to the following address:
j. Changes to this Section. We will provide 60-days’ notice of any material change to this Dispute Resolution Agreement. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.
k. Choice of Law. THESE TERMS MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT AND INTERPRETING CASE LAW GOVERN THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS, WITHOUT REGARD TO STATE LAW. To the extent state substantive law applies to any Dispute, the law of the State of California shall apply, without regard to conflict of law provisions.
l. Survival. This Dispute Resolution Agreement survives the end of the relationship between you and Uthupia, including cancellation of or unsubscribing from any services or communications provided by Uthupia.

7. GOVERNING LAW

a. If you live in the United States, these Terms will be governed by the laws of the State of California and any Dispute that arises between you and Uthupia will be subject to Section 6 above (Dispute Resolution Agreement -- Binding Arbitration and Class Action Waiver).
b. If you live in an EU Member State, an EFTA State, or the UK, the mandatory laws of your country of residence will apply and legal proceedings may be brought in relevant courts according to and under your country of residence’s laws.
c. If you live outside of the United States, an EU Member State, an EFTA State, or the UK, these Terms will be governed by the laws of the State of California.