Terms of Service

The following general Terms of Services govern all Your use of the Upcard website and app and all content, services and products available at or through the website or app (“Upcard”). Please read these Terms of Service and the Upcard Privacy Policy below carefully before accessing or using Upcard or creating an account. You and others included in Your account are concluding a legally binding agreement based on these terms with Upcard AB (the “Company” or “We” or “Us”). If You do not agree to any of these terms, including the Upcard Privacy Policy, You may not create an account or use any of the services provided by Us.

Children, who have not reached the age of majority in their jurisdiction, must have a parent or legal guardian read and accept these Terms of Services on their behalf and take responsibility for compliance with these Terms of Services.

By accessing Upcard, creating an account or continuing the use of any service, You acknowledge that: (1) You are at least 18 years of age or any older legal age required to form a contract in Your jurisdiction, (2) You have the authority and legal capacity to enter into this agreement, (3) You have read, understood and agree to be bound by these Terms of Service with respect to Yourself and any minor child authorized by You.

Modifications to the Terms of Services

We may make changes to the Terms of Services from time to time. A link to the most current Terms of Services and Privacy Policy will be available on https://upcard.io/privacy and We will indicate the date of the "Latest Update" at the top of the Terms of Service. We may also communicate significant changes by email or in the app. Your continued use of Upcard following the posting of such changes constitutes Your acceptance of the amended Terms of Service and Privacy Policy.

Account

If You create an Upcard account, You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account. You must not add images to Your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and We may change or remove any content that We consider inappropriate or unlawful, or otherwise likely to cause the Company liability.

Advertisements

The Company reserves the right to display advertisements on Upcard.

Use of content

You acknowledge that all information, materials, functions and other content (“Content”) contained on Upcard are Our property (or the property of Our licensors and licensees). All Content that is copyrighted by law is the sole property of the Company. All trademarks, service marks, trade names and trade dress are proprietary to Us and/or Our licensors or licensees. We may change Upcard or delete Content or features at any time, in any way, for any and no reason.
Except as if specifically agreed in writing, no Content from Upcard may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of Upcard, except that where Upcard is configured to enable downloading of particular Content. 

The Content available via Upcard is provided with the understanding that neither the Company nor its commercial partners or users are engaged in rendering medical, counseling or other professional services or advice. Such Content is intended solely as a general aid for planning, tracking and communication. It is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of Your physician or other qualified healthcare provider with any questions You may have regarding a medical condition or treatment and before undertaking a new health care regimen.

Personal Data

We process personal data in accordance with the Upcard Privacy Policy.

Third Party Websites and Information

Upcard may link You to other websites or otherwise include references to information, materials and/or services provided by other parties.  These other websites and parties are not under Our control, and You acknowledge that We are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites.  In addition, We will not and cannot censor or edit the content of any third-party site. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by Us, or any warranty of any kind, either expressed or implied.

General Representation and Warranty

You represent and warrant that (i) Your use of Upcard will be in strict accordance with the Upcard Privacy Policy, with the Terms of Service and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Sweden or the country in which You reside) and (ii) Your use of Upcard will not infringe or misappropriate the intellectual property rights of any third party.

Indemnity

By accepting these Terms of Service, You agree to indemnify and hold harmless the Company, Our contractors, and Our licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of Your use of Upcard, including but not limited to Your violation of these Terms of Service or the Upcard Privacy Policy or any other matter relating to Upcard.

Limitation of Liability

In no event will We or Our commercial partners or licensors, 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 tangible losses. The Company shall have no liability for any failure or delay due to matters beyond Our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Disclaimer of Warranties

Upcard is provided "as is". The Company and Our commercial partners and licensors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Company nor Our commercial partners and licensors, makes any warranty that Upcard will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, Upcard at Your own discretion and risk.

Trademarks

The trademarks, logotypes and names on Upcard belong to Us, Our licensors or third parties. It is not allowed to place one or more of these marks and logos on Your own site or to use it in any other way without prior written consent.

Termination

We may terminate Your Upcard account at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate Your account, You need to email Us at info@upcard.io using the email address that You created the account with. We will then confirm with You that You really want to delete the account, and upon receiving confirmation, We will permanently delete Your account including all data. Termination of Your Upcard account will also result in all accompanying users access to the Account will expire. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

Upcard and Your account (excluding any linked websites) are governed by the laws of Sweden. You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your use of Upcard. Although Upcard may be accessible worldwide, We make no representation that materials are appropriate or available for use in locations outside Sweden, and accessing them from territories where their contents are illegal is prohibited. If you choose to access Upcard from outside Sweden You do so on Your own initiative and are responsible for compliance with local laws.

Notices

All notices to a party shall be in writing and shall be made either via email or regular mail.  The parties agree that all correspondence relating to this Agreement shall be written in the English or Swedish language.  
Notices to Us must be sent to the attention of Customer Service at info@upcard.io, if by email, or to the Company at the address below if by regular mail.  Notices to You may be sent to the email or mailing address supplied by You as part of Your account.  

In addition, We may broadcast messages and general information through Upcard to inform You of changes to Our services or other matters of importance.
You may contact the Company at the following address:

Klostergatan 10, 753 21, Uppsala, Sweden

If You send Us a request (for example via a support email or via one of our feedback mechanisms), We reserve the right to publish it in order to help Us clarify or respond to Your request or to help Us support other users.

These Terms of Service were last updated on January 8, 2018.