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Terms of Service
Last updated: March 19, 2026
This document governs the relationship between you and UpT AI Limited ("UpT AI","we", "us","our") regarding the use of our website https://upt.ai/ and related mobile applications and services (hereinafter collectively referredto as "Services").
These Terms of Use (here in after referred to as the "Terms") establish legally binding terms and conditions governing your use of the Services. By using the Services, you accept these Terms (on your own behalf or on behalf of the legal entity you represent) and guarantee that you have the right, authority and legal capacity to enter into these Terms. If you do not agree to any provision of these Terms, please refrain from accessing and/or using the Services.
You must be at least 13 years old to use the Services. By agreeing to these Terms, you warrant to us that: (a) you are at least 13 years old and have received permission to use the Services from your parent or legal guardian who is at least 18 years old; or (b) you are at least 18 years old.
These terms and conditions require arbitration (Section 12.2) on a case-by-case basis for users outside the EU, rather than by jury or class action, and limit the legal remedies available to you in the event of a dispute. For users from the EU, the rules of jurisdiction of their place of residence apply.
1. Accounts
1.1 Creating an account. To use certain features of the Services, you need to register an account (here in after referred to as the "Account") and provide certain information about yourself specified in the registration form. You warrant that: (a) all registration information provided is true and accurate; and (b) you will keep such information up-to-date. You can delete your Account at any time for any reason by following the instructions in the Services. UpT AI has the right to suspend or cancel your Account in accordance with Section 9.
1.2 Responsibility for the Account. You are responsible for maintaining the confidentiality of your Account data and are fully responsible for all actions performed under your Account. You will immediately notifyUpT AI of any unauthorized use or suspected use of your Account, as well as any other security breach. UpT AI will not be liable for any loss or damage resulting from your failure to comply with the above requirements.
2. Access to Services
2.1 License. Subject to these Terms, UpT AI grants you a non-transferable, non-exclusive, revocable, limited license to use the Services exclusively for your personal, non-commercial purposes.
2.2 Certain restrictions. The rights granted to you in these Terms are subject to the following limitations: (a) you may not license, sell, rent, transmit, distribute, host, or otherwise commercially use the Services (in whole or in part) or any content displayed on the Services; (b) you may not modify or modify any of the content displayed on the Services., create derivative works, disassemble, decompile, or reconstruct any part of the Services; (c) you may not interfere with the Services or circumvent any of their functions; (d) you may not access the Services to create a similar or competing product or service; and (e) unless expressly stated otherwise, no part of the Services may be copied, reproduced, distributed, published, uploaded, displayed, sent, or transmitted in any form or by any means. Unless otherwise stated, any future releases, updates, or additions to the functionality of the Services will be governed by these Terms. All copyright and other notices on the Services (or on any content displayed in the Services) must be retained on all copies.
2.3 Changes. UpT AI reserves the right to change, suspend or terminate the Services (in whole or in part) at any time, with or without notice to you. You agree that UpT AI will not be liable to you or any third parties for any modification, suspension or termination of the Services or any part thereof.
2.4 Lack of support. You acknowledge and agree thatUpT AI is under no obligation to provide you with any support or service in connection with the Services.
2.5 Ownership rights. With the exception of your User Content (defined below), you acknowledge that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, in relation to the Services and their content belongto UpT AI or UpT AI providers. Neither these Terms nor your access to the Services transfer to you or any third party any rights, title, or interest in such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. UpT AI and its suppliers reserve all rights not expressly granted in these Terms. Conditions. No implied licenses are granted under these Terms.
3. User-generated content
3.1 User-generated content. "User Content" means any information and content that the user uploads, submits, or uses with the Services (for example, content in the User’s profile or publications, such as your videos). You are solely responsible for your User Content. You accept all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that identifies you personally or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored, or approvedby UpT AI. Since you are solely responsible for your User Content, you can expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. UpT AI is under no obligation to back up any User-Generated Content, and your User-Generated Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backups of your User-Generated Content, if you so wish.
3.2 Content License. You hereby provide (and you represent and warrant that you have the right to provide) UpT AI has an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works, include in other works, and otherwise use and exploit your User Content, and grant sublicenses to the above rights, solely for the purposes and in connection with the provision of the Services. You hereby irrevocably waive (and agree to waive) any claims and representations of moral rights or authorship with respect to your User Content.
3.3 Acceptable Use Policy. The following provisions constitute our Acceptable Use Policy:
(a) You agree not to use the Services to collect, download, transmit, display, or distribute any User-Generated Content (i) that violates any third-party rights, including any copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other rights intellectual property rights; (ii) that is illegal, harassing, offensive, tort-based, threatening, harmful, violating someone’s privacy, vulgar, slanderous, false, misleading, defamatory, pornographic, obscene, blatantly offensive, promoting racism, bigotry, hatred or physical harm of any kind against any group or person, or otherwise unacceptable; (iii) who harms minors in any way; or (iv) who violates any law, rule, or obligation or restriction imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software designed to damage or modify a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, spam, or chains through the Services or any other form of duplicate or unsolicited messages, whether commercial or otherwise; (iii) use the Services to collect information or data about other users, including email addresses, without their consent; (iv) interfere with, disrupt the servers or networks connected to the Services; or create an unnecessary burden on them, or violate the rules, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used in conjunction with the Services) by any means, including password guessing; (vi) harass or interfere with any other user from using the Services and enjoying them; or (vii) use software or automated tools that can be used to access the Services. agents or scripts for creating multiple accounts in the Services, or for generating automatic searches, requests, or accesses to the Services (or for extracting, collecting, or copying data from the Services) (however, we conditionally grant public search engine operators revocable permission to use spiders to copy content from the Services solely for the purpose and for the purpose of: to the extent necessary to create publicly available search indexes of materials, but not caches or archives of such materials, in compliance with the parameters set out in our file robots. txt).
3.4 Enforcement. We reserve the right (but not the obligation) to review any User Content and to investigate and / or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such measures may include deleting or modifying your User Content, terminating your Account in accordance with Section 9, and / or reporting you to law enforcement.
3.5 Feedback. If you provideUpT AI with any feedback or suggestions regarding the Services ("Feedback"), you hereby transferto UpT AI all rights to such Feedback and agree that UpT AI has the right to use and fully utilize such Feedback and related information in any way it deems appropriate. UpT AI will treat any Feedback you provide to UpT AI as non-confidential and non-proprietary. You agree not to submit to UpT AI any information or ideas that you consider confidential or proprietary.
4. Medical Disclaimer
4.1 Health status. To use the Services, you must be in good overall health. If you have any known medical conditions, we strongly recommend that you immediately seek medical advice from your doctor before using the Services. This may include:
• cardiovascular diseases;
• diseases of the lungs or respiratory tract (including asthma);
• problems with the spine and / or joints;
• neuromuscular diseases;
• surgical procedures;
• any other health problems.
If you have any doubts about your health during the first use of the Services or during their use (for example, due to severe pain, general malaise, shortness of breath, nausea, or dizziness), please consult your doctor before starting or continuing to use the Services.
4.2 Not a substitute for medical care. The services and information offeredby UpT AI do not constitute medical advice or medical advice. They are also not a substitute for a medical examination or treatment by a doctor.
5. Third-party links, ads, and other users
5.1 Third-party links and advertising. The Services may contain links to third-party websites and services and / or display third-party advertising (collectively, "Third-Party Links and Advertising"). Such Third-Party Links and Advertisements are not under the controlof UpT AI, and UpT AI is not responsible for any Third-Party Links and advertisements. UpT AI provides access to these Third-Party Links and Ads only for your convenience and does not review, endorse, control, endorse, guarantee or make any representations with respect to Third-Party Links and ads. You use all Third-Party Links and Advertisements at your own risk and must exercise appropriate care and discretion. When you click on any of the Third-Party links and ads, the relevant third-party terms and policies apply, including the third-party's data collection and privacy practices. Before making any transactions in connection with such Third-Party Links and Advertisements, you should conduct any necessary investigation.
5.2 Other users. Each user of the Services is solely responsible for all their User Content. Since we have no control over User Content, you acknowledge and agree that we are not responsible for any User Content provided by you or others. We make no warranties as to the accuracy, relevance, suitability or quality of any User-Generated Content. Your interactions with other users of the Services are solely between you and such users. You agree thatUpT AI will not be liable for any loss or damage incurred as a result of such interactions. If a dispute arises between you and any user of the Services, we are not obligated to intervene.
5.3 Exemption from liability. You hereby releaseUpT AI (and our officers, employees, agents, assignees and assignees) You waive all claims and permanently waive any past, present, or future dispute, claim, claim, right, obligation, liability, or action of any kind or nature (including personal injury, death, or damage to property) that has arisen or arises directly or indirectly from or in connection with the Services (including any interactions with others users of the Services or their actions or omissions, as well as any Third-party links and advertising). If you are a resident of the European Union, this exemption applies to the full extent permitted by applicable law.
6. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis, andUpT AI (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, fitness for a particular purpose, fitness for a particular purpose, fitness for a particular purpose, safe use, accuracy or non-infringement of rights. We (and our suppliers) do not guarantee that the services will meet your requirements, be available on a continuous, timely, secure or error-free basis, or be accurate, reliable, free of viruses or other malicious code, complete, legitimate or secure. If applicable law requires any warranties with respect to the Services, all such warranties are limited to a period of ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on the duration of the implied warranty, so the above limitation may not apply to you.
7. Limitation of Liability
To the maximum extent permitted by law, UpT AI (or our suppliers) will under no circumstances be liable to you or any third party for any lost profits, loss of data, costs of purchasing replacement products, or any indirect, incidental, punitive, or loss of profit arising out of these terms or conditions. in connection with them, or from your use or inability to use the services, even if we have been advised of the possibility of such damages. Access to and use of the Services is at your sole discretion and risk, and you are solely responsible for any damage to your device or computer system or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary, our liability to you for any damages arising out of or in connection with this agreement (for whatever reason and regardless of the form of the claim) will at any time be limited to a maximum of one hundred US dollars (US $ 100.00). the existence of more than one requirement will not increase this limit. You agree that our suppliers do not accept any liability in connection with this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Compensation for damages
You agree to indemnify andhold harmless UpT AI (and its officers, employees, and agents), including costs and attorneys ' fees, for any claim or claim made by any third party in connection with or arising out of: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) your User Content. UpT AI reserves the right, at your expense, to assume exclusive protection and control over any matter for which you are required to compensate us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of UpT AI. We will make reasonable efforts to notify you of any such claim, claim, or proceeding as soon as we become aware of it.
9. Term of validity and termination
Subject to compliance with this Section, these Terms and Conditions remain in full force and effect as long as you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason in our sole discretion, including any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and the right to access and use the Services will be immediately terminated. You understand that any termination of your Account may include the removal of your User Content associated with your Account from our existing databases. UpT AI assumes no responsibility to you for any termination of your rights under these Terms, including termination of your Account or removal of your User Content. Even after the termination of your rights under these Terms, the following provisions of these Terms remain in effect: Sections 2.2−2.5, Section 3 and Sections 4−13.
10. Intellectual Property Policy (Notification and Deletion)
UpT AI respects the intellectual property of others and asks users of our Services to do the same. In connection with our Services, we have adopted and implemented a policy that complies with copyright laws, which provides for the removal of any material that violates copyright, and the termination, in appropriate circumstances, of the accounts of users of our online services who repeatedly violate intellectual property rights, including copyrights.
If you believe that one of our users is unlawfully infringing your copyright by using our Services, and you want the allegedly infringing material removed, the following information must be provided in the form of a written notice to our authorized agent:
• your physical or electronic signature.
• identification of the copyrighted work (s) that you claim has been violated;
• identification of material on our services that you claim violates your rights and that you ask us to remove;
• sufficient information to enable us to find such material;
• your address, phone number, and email address.
• a statement that you have a good faith belief that the use of the disputed material is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notice is accurate and that, under penalty of perjury, you are the owner of the copyright that is alleged to have been infringed, or are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of facts in the written notice will automatically result in the claimant’s liability for any damages, expenses, and attorneys ' fees incurred by us in connection with the written notice and the copyright infringement claim.
Contact information of the intellectual property agent forUpT AI:
Address: UpT AI Limited, No. 5, 17th Floor, STRAND 50, 50 BONHAM STRAND, Shunwan, Hong Kong
Email: ____________________.
11. Privacy and Data Protection Policy (GDPR)
11.1 General provisions. We take your privacy very seriously. The processing of your personal data is carried out in accordance with our Privacy Policy, available at [link to Privacy Policy], which is an integral part of these Terms and Conditions. If you are a resident of the European Union (EU), your personal data is also processed in accordance with the General Data Protection Regulation (GDPR).
11.2 Data Controller and representative in the EU. The controller of your personal data is UPT Innovations Limited, Hong Kong. In accordance with the requirements of the GDPR, we have appointed a representative in the EU. You can contact them at: __________________________.
11.3 Legal grounds for processing. We process your personal data only if there are legal grounds provided for in the GDPR. These grounds include: (a) performance of the contract (creation and management of your Account); (b) your consent (for marketing newsletters, use of optional cookies, and processing of special categories of data, if applicable); (c) legitimate interests (ensuring the security of the Services, improving them, preventing fraud); (d) compliance with legal obligations (for example, storing data for tax authorities).
11.4 Cookies and similar technologies. Our website uses cookies and similar tracking technologies. For detailed information about the types of cookies, their purpose, and retention periods, please refer to our Cookie Policycookie
Необходимые файлы The necessary cookies are used to ensure the functionality of the site. All optional cookies (analytical, marketing, advertising) are used only after receiving your explicit, informed and unambiguous consent, which you give through the cookie consent banner cookiewhen you first visit the site. You can change your settings or revoke your consent at any time.
11.5 Transfer of data outside the EU/EEA. Your personal data may be transferred and processed in countries outside the European Economic Area (EEA), including Hong Kong, where our servers are located and our activities are carried out. When transferring your data outside the EEA, we ensure that it is adequately protected through Standard Contractual Provisions (SCCS) approved by the European Commission or other mechanisms permitted by the GDPR. A copy of the relevant warranties can be obtained by contacting us at the address listed in section 13.
11.6 Data retention periods. We only store your personal data for as long as it is necessary to fulfill the purposes for which it was collected, including compliance with legal requirements, dispute resolution, and enforcement of our agreements. Specific retention periods depend on the type of data and the purpose of processing. After the storage period expires, the data is safely deleted or depersonalized.
11.7 Your rights (for EU residents). In accordance with the GDPR, you have the following rights with respect to your personal data:
Right of access: you can request a copy of your data that we process.
Right to rectification: You can request that inaccurate or incomplete data be corrected.
Right to erasure ("right to be forgotten"): you can request that your data be deleted under certain circumstances.
Right to restriction of processing: you can request that the processing of your data be suspended.
Right to data portability: You can request the transfer of your data to you or another controller in a structured, machine-readable format.
Right to object: You can object to the processing of your data based on our legitimate interests.
Right to withdraw consent: if the processing is based on your consent, you have the right to withdraw it at any time, without affecting the legality of the processing prior to the withdrawal.
To exercise these rights, please contact us or our representative in the EU using the contact details provided in section 13. We will respond to your request within one month. You also have the right to file a complaint with the data protection supervisory authority of your country.
11.8 Data security. We take all necessary technical and organizational measures to protect your personal data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. These measures include encryption, firewalls, and access control.
11.9 Notification of data leaks. In the event of a leak of personal data that poses a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours from the moment we became aware of this. If the leak poses a high risk to your rights, we will also notify you directly.
11.10 Contracts with third parties (Data processors). All third parties (service providers, subcontractors) to whom we transfer personal data for processing on our behalf (for example, hosting providers, analytical services) are obligated to comply with the GDPR requirements and ensure data confidentiality and security. Relevant Data Processing Agreements have been concluded with such personsAgreements, which include the obligations provided for in Article 28 of the GDPR.
12. Dispute Resolution (Arbitration)
12.1 Applicability of the Arbitration Agreement. All disputes, claims or disagreements (other than those referred to in clause 12.15) arising out of or in connection with these Terms or the use of the Services that cannot be resolved through negotiation or in small claims court are subject to arbitration on a case-by-case basis in accordance with the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and UpT AI, as well as to our subsidiaries, affiliates, agents, employees, assignees and assignees.
12.2 Prior notification requirement. Before initiating arbitration, the party with a claim must send the other party a written notice of the dispute describing the nature and basis of the claim and the measures requested. Notice to UpT AI Limited is sent to: UpT AI, No. 5, 17th Floor, STRAND 50, 50 BONHAM STRAND, HongKong, marked "Legal Department-Notice of Dispute", or by email: ___________________. The parties undertake to make good faith efforts to resolve the dispute within 30 (thirty) days from the date of receipt of the notification.
12.3 Arbitration Rules. If the dispute is not settled within the above time limit, either party may initiate arbitration in accordance with the Hong Kong International Arbitration Center (HKIAC) Rules of Procedure for Simplified Disputes in force at the time of filing the claim. The HKIAC rules are considered incorporated in this paragraph by reference.
12.4 Place and language of arbitration. The seat of arbitration is Hong Kong. The language of arbitration proceedings is English. Documents in Russian must be accompanied by a certified translation into English.
12.5 Procedure for conducting the event. Arbitration is conducted by a single arbitrator appointed in accordance with the HKIAC Rules. If the amount of the claim does not exceed HK $ 50,000 (HKD $ 50,000), the arbitration is conducted in a simplified procedure based on written materials, unless otherwise agreed by the parties or the arbitrator deems it necessary to hold a hearing.
12.6 Limitation of Liability. If the arbitrator awards you an amount that exceeds the last settlement offer made by UpT AI prior to the arbitration, UpT AI will pay you the higher of the amount awarded or HKD $ 10,000 (HKD $ 10,000).
12.7 Allocation of expenses. Each party shall bear its own costs (including attorneys ' fees) and costs incurred in connection with the arbitration, and the parties shall pay equal shares of HKIAC's fees and expenses, unless otherwise provided by applicable law or determined by the arbitrator.
12.8 Powers of the arbitrator. The arbitrator has the authority to hear motions that resolve all or part of any claim, award funds and any non-monetary remedies available to the individual in accordance with applicable HKIAC laws and Regulations.
12.9 Refusal of a jury trial. The parties hereby waive their rights to go to court and have the case heard by a judge or jury, instead opting to resolve all disputes in arbitration in accordance with this Arbitration Agreement.
12.10 Waiver of class actions. All disputes under this arbitration agreement must be resolved in arbitration on an individual basis, and not as a class action. Requirements from more than one user cannot be combined or reviewed together.
12.11 Confidentiality. All aspects of the arbitration proceedings, including the arbitrator’s decision, are strictly confidential. The parties undertake to maintain confidentiality, unless otherwise required by law.
12.12 Judicial jurisdiction. In any circumstances where the above Arbitration Agreement allows the parties to apply to the court, the parties hereby agree to the personal jurisdiction of the courts located in Hong Kong SAR of the People’s Republic of China for this purpose.
12.13 Conserving power. This Arbitration Agreement will remain in effect upon termination of your relationship with UpT AI.
12.14 Small Claims Court. Regardless of the foregoing, any party may file an individual claim in the small claims court of their place of residence if the amount of the dispute is within the jurisdiction of such court.
12.15 Disputes not subject to arbitration. Disputes not subject to arbitration under this Agreement include: claims for defamation, violation of the Computer Fraud and Abuse Act (or similar laws in Hong Kong), and claims for infringement or misappropriation of the other party’s patents, copyrights, trademarks, or trade secrets.
13. Contact information
13.1 General questions and user support:
Email: ___________________.
13.2 Legal issues and dispute notifications:
Mailing Address: UpT AI Limited, No. 5, 17th Floor, STRAND 50, 50 BONHAM STRAND, Shunwan, Hong Kong
Email: ___________________.
13.3 Intellectual Property Matters (DMCA):
Email: ___________________.
13.4 Privacy and Data Protection Issues (GDPR):
Email: ___________________.
EU Representative for GDPR issues: __________________.
This document governs the relationship between you and UpT AI Limited ("UpT AI","we", "us","our") regarding the use of our website https://upt.ai/ and related mobile applications and services (hereinafter collectively referredto as "Services").
These Terms of Use (here in after referred to as the "Terms") establish legally binding terms and conditions governing your use of the Services. By using the Services, you accept these Terms (on your own behalf or on behalf of the legal entity you represent) and guarantee that you have the right, authority and legal capacity to enter into these Terms. If you do not agree to any provision of these Terms, please refrain from accessing and/or using the Services.
You must be at least 13 years old to use the Services. By agreeing to these Terms, you warrant to us that: (a) you are at least 13 years old and have received permission to use the Services from your parent or legal guardian who is at least 18 years old; or (b) you are at least 18 years old.
These terms and conditions require arbitration (Section 12.2) on a case-by-case basis for users outside the EU, rather than by jury or class action, and limit the legal remedies available to you in the event of a dispute. For users from the EU, the rules of jurisdiction of their place of residence apply.
1. Accounts
1.1 Creating an account. To use certain features of the Services, you need to register an account (here in after referred to as the "Account") and provide certain information about yourself specified in the registration form. You warrant that: (a) all registration information provided is true and accurate; and (b) you will keep such information up-to-date. You can delete your Account at any time for any reason by following the instructions in the Services. UpT AI has the right to suspend or cancel your Account in accordance with Section 9.
1.2 Responsibility for the Account. You are responsible for maintaining the confidentiality of your Account data and are fully responsible for all actions performed under your Account. You will immediately notifyUpT AI of any unauthorized use or suspected use of your Account, as well as any other security breach. UpT AI will not be liable for any loss or damage resulting from your failure to comply with the above requirements.
2. Access to Services
2.1 License. Subject to these Terms, UpT AI grants you a non-transferable, non-exclusive, revocable, limited license to use the Services exclusively for your personal, non-commercial purposes.
2.2 Certain restrictions. The rights granted to you in these Terms are subject to the following limitations: (a) you may not license, sell, rent, transmit, distribute, host, or otherwise commercially use the Services (in whole or in part) or any content displayed on the Services; (b) you may not modify or modify any of the content displayed on the Services., create derivative works, disassemble, decompile, or reconstruct any part of the Services; (c) you may not interfere with the Services or circumvent any of their functions; (d) you may not access the Services to create a similar or competing product or service; and (e) unless expressly stated otherwise, no part of the Services may be copied, reproduced, distributed, published, uploaded, displayed, sent, or transmitted in any form or by any means. Unless otherwise stated, any future releases, updates, or additions to the functionality of the Services will be governed by these Terms. All copyright and other notices on the Services (or on any content displayed in the Services) must be retained on all copies.
2.3 Changes. UpT AI reserves the right to change, suspend or terminate the Services (in whole or in part) at any time, with or without notice to you. You agree that UpT AI will not be liable to you or any third parties for any modification, suspension or termination of the Services or any part thereof.
2.4 Lack of support. You acknowledge and agree thatUpT AI is under no obligation to provide you with any support or service in connection with the Services.
2.5 Ownership rights. With the exception of your User Content (defined below), you acknowledge that all intellectual property rights, including copyrights, patents, trademarks and trade secrets, in relation to the Services and their content belongto UpT AI or UpT AI providers. Neither these Terms nor your access to the Services transfer to you or any third party any rights, title, or interest in such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. UpT AI and its suppliers reserve all rights not expressly granted in these Terms. Conditions. No implied licenses are granted under these Terms.
3. User-generated content
3.1 User-generated content. "User Content" means any information and content that the user uploads, submits, or uses with the Services (for example, content in the User’s profile or publications, such as your videos). You are solely responsible for your User Content. You accept all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that identifies you personally or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored, or approvedby UpT AI. Since you are solely responsible for your User Content, you can expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. UpT AI is under no obligation to back up any User-Generated Content, and your User-Generated Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backups of your User-Generated Content, if you so wish.
3.2 Content License. You hereby provide (and you represent and warrant that you have the right to provide) UpT AI has an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works, include in other works, and otherwise use and exploit your User Content, and grant sublicenses to the above rights, solely for the purposes and in connection with the provision of the Services. You hereby irrevocably waive (and agree to waive) any claims and representations of moral rights or authorship with respect to your User Content.
3.3 Acceptable Use Policy. The following provisions constitute our Acceptable Use Policy:
(a) You agree not to use the Services to collect, download, transmit, display, or distribute any User-Generated Content (i) that violates any third-party rights, including any copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other rights intellectual property rights; (ii) that is illegal, harassing, offensive, tort-based, threatening, harmful, violating someone’s privacy, vulgar, slanderous, false, misleading, defamatory, pornographic, obscene, blatantly offensive, promoting racism, bigotry, hatred or physical harm of any kind against any group or person, or otherwise unacceptable; (iii) who harms minors in any way; or (iv) who violates any law, rule, or obligation or restriction imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software designed to damage or modify a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, spam, or chains through the Services or any other form of duplicate or unsolicited messages, whether commercial or otherwise; (iii) use the Services to collect information or data about other users, including email addresses, without their consent; (iv) interfere with, disrupt the servers or networks connected to the Services; or create an unnecessary burden on them, or violate the rules, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used in conjunction with the Services) by any means, including password guessing; (vi) harass or interfere with any other user from using the Services and enjoying them; or (vii) use software or automated tools that can be used to access the Services. agents or scripts for creating multiple accounts in the Services, or for generating automatic searches, requests, or accesses to the Services (or for extracting, collecting, or copying data from the Services) (however, we conditionally grant public search engine operators revocable permission to use spiders to copy content from the Services solely for the purpose and for the purpose of: to the extent necessary to create publicly available search indexes of materials, but not caches or archives of such materials, in compliance with the parameters set out in our file robots. txt).
3.4 Enforcement. We reserve the right (but not the obligation) to review any User Content and to investigate and / or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such measures may include deleting or modifying your User Content, terminating your Account in accordance with Section 9, and / or reporting you to law enforcement.
3.5 Feedback. If you provideUpT AI with any feedback or suggestions regarding the Services ("Feedback"), you hereby transferto UpT AI all rights to such Feedback and agree that UpT AI has the right to use and fully utilize such Feedback and related information in any way it deems appropriate. UpT AI will treat any Feedback you provide to UpT AI as non-confidential and non-proprietary. You agree not to submit to UpT AI any information or ideas that you consider confidential or proprietary.
4. Medical Disclaimer
4.1 Health status. To use the Services, you must be in good overall health. If you have any known medical conditions, we strongly recommend that you immediately seek medical advice from your doctor before using the Services. This may include:
• cardiovascular diseases;
• diseases of the lungs or respiratory tract (including asthma);
• problems with the spine and / or joints;
• neuromuscular diseases;
• surgical procedures;
• any other health problems.
If you have any doubts about your health during the first use of the Services or during their use (for example, due to severe pain, general malaise, shortness of breath, nausea, or dizziness), please consult your doctor before starting or continuing to use the Services.
4.2 Not a substitute for medical care. The services and information offeredby UpT AI do not constitute medical advice or medical advice. They are also not a substitute for a medical examination or treatment by a doctor.
5. Third-party links, ads, and other users
5.1 Third-party links and advertising. The Services may contain links to third-party websites and services and / or display third-party advertising (collectively, "Third-Party Links and Advertising"). Such Third-Party Links and Advertisements are not under the controlof UpT AI, and UpT AI is not responsible for any Third-Party Links and advertisements. UpT AI provides access to these Third-Party Links and Ads only for your convenience and does not review, endorse, control, endorse, guarantee or make any representations with respect to Third-Party Links and ads. You use all Third-Party Links and Advertisements at your own risk and must exercise appropriate care and discretion. When you click on any of the Third-Party links and ads, the relevant third-party terms and policies apply, including the third-party's data collection and privacy practices. Before making any transactions in connection with such Third-Party Links and Advertisements, you should conduct any necessary investigation.
5.2 Other users. Each user of the Services is solely responsible for all their User Content. Since we have no control over User Content, you acknowledge and agree that we are not responsible for any User Content provided by you or others. We make no warranties as to the accuracy, relevance, suitability or quality of any User-Generated Content. Your interactions with other users of the Services are solely between you and such users. You agree thatUpT AI will not be liable for any loss or damage incurred as a result of such interactions. If a dispute arises between you and any user of the Services, we are not obligated to intervene.
5.3 Exemption from liability. You hereby releaseUpT AI (and our officers, employees, agents, assignees and assignees) You waive all claims and permanently waive any past, present, or future dispute, claim, claim, right, obligation, liability, or action of any kind or nature (including personal injury, death, or damage to property) that has arisen or arises directly or indirectly from or in connection with the Services (including any interactions with others users of the Services or their actions or omissions, as well as any Third-party links and advertising). If you are a resident of the European Union, this exemption applies to the full extent permitted by applicable law.
6. Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis, andUpT AI (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, fitness for a particular purpose, fitness for a particular purpose, fitness for a particular purpose, safe use, accuracy or non-infringement of rights. We (and our suppliers) do not guarantee that the services will meet your requirements, be available on a continuous, timely, secure or error-free basis, or be accurate, reliable, free of viruses or other malicious code, complete, legitimate or secure. If applicable law requires any warranties with respect to the Services, all such warranties are limited to a period of ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on the duration of the implied warranty, so the above limitation may not apply to you.
7. Limitation of Liability
To the maximum extent permitted by law, UpT AI (or our suppliers) will under no circumstances be liable to you or any third party for any lost profits, loss of data, costs of purchasing replacement products, or any indirect, incidental, punitive, or loss of profit arising out of these terms or conditions. in connection with them, or from your use or inability to use the services, even if we have been advised of the possibility of such damages. Access to and use of the Services is at your sole discretion and risk, and you are solely responsible for any damage to your device or computer system or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary, our liability to you for any damages arising out of or in connection with this agreement (for whatever reason and regardless of the form of the claim) will at any time be limited to a maximum of one hundred US dollars (US $ 100.00). the existence of more than one requirement will not increase this limit. You agree that our suppliers do not accept any liability in connection with this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Compensation for damages
You agree to indemnify andhold harmless UpT AI (and its officers, employees, and agents), including costs and attorneys ' fees, for any claim or claim made by any third party in connection with or arising out of: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) your User Content. UpT AI reserves the right, at your expense, to assume exclusive protection and control over any matter for which you are required to compensate us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of UpT AI. We will make reasonable efforts to notify you of any such claim, claim, or proceeding as soon as we become aware of it.
9. Term of validity and termination
Subject to compliance with this Section, these Terms and Conditions remain in full force and effect as long as you use the Services. We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason in our sole discretion, including any use of the Services in violation of these Terms. Upon termination of your rights under these Terms, your Account and the right to access and use the Services will be immediately terminated. You understand that any termination of your Account may include the removal of your User Content associated with your Account from our existing databases. UpT AI assumes no responsibility to you for any termination of your rights under these Terms, including termination of your Account or removal of your User Content. Even after the termination of your rights under these Terms, the following provisions of these Terms remain in effect: Sections 2.2−2.5, Section 3 and Sections 4−13.
10. Intellectual Property Policy (Notification and Deletion)
UpT AI respects the intellectual property of others and asks users of our Services to do the same. In connection with our Services, we have adopted and implemented a policy that complies with copyright laws, which provides for the removal of any material that violates copyright, and the termination, in appropriate circumstances, of the accounts of users of our online services who repeatedly violate intellectual property rights, including copyrights.
If you believe that one of our users is unlawfully infringing your copyright by using our Services, and you want the allegedly infringing material removed, the following information must be provided in the form of a written notice to our authorized agent:
• your physical or electronic signature.
• identification of the copyrighted work (s) that you claim has been violated;
• identification of material on our services that you claim violates your rights and that you ask us to remove;
• sufficient information to enable us to find such material;
• your address, phone number, and email address.
• a statement that you have a good faith belief that the use of the disputed material is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notice is accurate and that, under penalty of perjury, you are the owner of the copyright that is alleged to have been infringed, or are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of facts in the written notice will automatically result in the claimant’s liability for any damages, expenses, and attorneys ' fees incurred by us in connection with the written notice and the copyright infringement claim.
Contact information of the intellectual property agent forUpT AI:
Address: UpT AI Limited, No. 5, 17th Floor, STRAND 50, 50 BONHAM STRAND, Shunwan, Hong Kong
Email: ____________________.
11. Privacy and Data Protection Policy (GDPR)
11.1 General provisions. We take your privacy very seriously. The processing of your personal data is carried out in accordance with our Privacy Policy, available at [link to Privacy Policy], which is an integral part of these Terms and Conditions. If you are a resident of the European Union (EU), your personal data is also processed in accordance with the General Data Protection Regulation (GDPR).
11.2 Data Controller and representative in the EU. The controller of your personal data is UPT Innovations Limited, Hong Kong. In accordance with the requirements of the GDPR, we have appointed a representative in the EU. You can contact them at: __________________________.
11.3 Legal grounds for processing. We process your personal data only if there are legal grounds provided for in the GDPR. These grounds include: (a) performance of the contract (creation and management of your Account); (b) your consent (for marketing newsletters, use of optional cookies, and processing of special categories of data, if applicable); (c) legitimate interests (ensuring the security of the Services, improving them, preventing fraud); (d) compliance with legal obligations (for example, storing data for tax authorities).
11.4 Cookies and similar technologies. Our website uses cookies and similar tracking technologies. For detailed information about the types of cookies, their purpose, and retention periods, please refer to our Cookie Policycookie
Необходимые файлы The necessary cookies are used to ensure the functionality of the site. All optional cookies (analytical, marketing, advertising) are used only after receiving your explicit, informed and unambiguous consent, which you give through the cookie consent banner cookiewhen you first visit the site. You can change your settings or revoke your consent at any time.
11.5 Transfer of data outside the EU/EEA. Your personal data may be transferred and processed in countries outside the European Economic Area (EEA), including Hong Kong, where our servers are located and our activities are carried out. When transferring your data outside the EEA, we ensure that it is adequately protected through Standard Contractual Provisions (SCCS) approved by the European Commission or other mechanisms permitted by the GDPR. A copy of the relevant warranties can be obtained by contacting us at the address listed in section 13.
11.6 Data retention periods. We only store your personal data for as long as it is necessary to fulfill the purposes for which it was collected, including compliance with legal requirements, dispute resolution, and enforcement of our agreements. Specific retention periods depend on the type of data and the purpose of processing. After the storage period expires, the data is safely deleted or depersonalized.
11.7 Your rights (for EU residents). In accordance with the GDPR, you have the following rights with respect to your personal data:
Right of access: you can request a copy of your data that we process.
Right to rectification: You can request that inaccurate or incomplete data be corrected.
Right to erasure ("right to be forgotten"): you can request that your data be deleted under certain circumstances.
Right to restriction of processing: you can request that the processing of your data be suspended.
Right to data portability: You can request the transfer of your data to you or another controller in a structured, machine-readable format.
Right to object: You can object to the processing of your data based on our legitimate interests.
Right to withdraw consent: if the processing is based on your consent, you have the right to withdraw it at any time, without affecting the legality of the processing prior to the withdrawal.
To exercise these rights, please contact us or our representative in the EU using the contact details provided in section 13. We will respond to your request within one month. You also have the right to file a complaint with the data protection supervisory authority of your country.
11.8 Data security. We take all necessary technical and organizational measures to protect your personal data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. These measures include encryption, firewalls, and access control.
11.9 Notification of data leaks. In the event of a leak of personal data that poses a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours from the moment we became aware of this. If the leak poses a high risk to your rights, we will also notify you directly.
11.10 Contracts with third parties (Data processors). All third parties (service providers, subcontractors) to whom we transfer personal data for processing on our behalf (for example, hosting providers, analytical services) are obligated to comply with the GDPR requirements and ensure data confidentiality and security. Relevant Data Processing Agreements have been concluded with such personsAgreements, which include the obligations provided for in Article 28 of the GDPR.
12. Dispute Resolution (Arbitration)
12.1 Applicability of the Arbitration Agreement. All disputes, claims or disagreements (other than those referred to in clause 12.15) arising out of or in connection with these Terms or the use of the Services that cannot be resolved through negotiation or in small claims court are subject to arbitration on a case-by-case basis in accordance with the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and UpT AI, as well as to our subsidiaries, affiliates, agents, employees, assignees and assignees.
12.2 Prior notification requirement. Before initiating arbitration, the party with a claim must send the other party a written notice of the dispute describing the nature and basis of the claim and the measures requested. Notice to UpT AI Limited is sent to: UpT AI, No. 5, 17th Floor, STRAND 50, 50 BONHAM STRAND, HongKong, marked "Legal Department-Notice of Dispute", or by email: ___________________. The parties undertake to make good faith efforts to resolve the dispute within 30 (thirty) days from the date of receipt of the notification.
12.3 Arbitration Rules. If the dispute is not settled within the above time limit, either party may initiate arbitration in accordance with the Hong Kong International Arbitration Center (HKIAC) Rules of Procedure for Simplified Disputes in force at the time of filing the claim. The HKIAC rules are considered incorporated in this paragraph by reference.
12.4 Place and language of arbitration. The seat of arbitration is Hong Kong. The language of arbitration proceedings is English. Documents in Russian must be accompanied by a certified translation into English.
12.5 Procedure for conducting the event. Arbitration is conducted by a single arbitrator appointed in accordance with the HKIAC Rules. If the amount of the claim does not exceed HK $ 50,000 (HKD $ 50,000), the arbitration is conducted in a simplified procedure based on written materials, unless otherwise agreed by the parties or the arbitrator deems it necessary to hold a hearing.
12.6 Limitation of Liability. If the arbitrator awards you an amount that exceeds the last settlement offer made by UpT AI prior to the arbitration, UpT AI will pay you the higher of the amount awarded or HKD $ 10,000 (HKD $ 10,000).
12.7 Allocation of expenses. Each party shall bear its own costs (including attorneys ' fees) and costs incurred in connection with the arbitration, and the parties shall pay equal shares of HKIAC's fees and expenses, unless otherwise provided by applicable law or determined by the arbitrator.
12.8 Powers of the arbitrator. The arbitrator has the authority to hear motions that resolve all or part of any claim, award funds and any non-monetary remedies available to the individual in accordance with applicable HKIAC laws and Regulations.
12.9 Refusal of a jury trial. The parties hereby waive their rights to go to court and have the case heard by a judge or jury, instead opting to resolve all disputes in arbitration in accordance with this Arbitration Agreement.
12.10 Waiver of class actions. All disputes under this arbitration agreement must be resolved in arbitration on an individual basis, and not as a class action. Requirements from more than one user cannot be combined or reviewed together.
12.11 Confidentiality. All aspects of the arbitration proceedings, including the arbitrator’s decision, are strictly confidential. The parties undertake to maintain confidentiality, unless otherwise required by law.
12.12 Judicial jurisdiction. In any circumstances where the above Arbitration Agreement allows the parties to apply to the court, the parties hereby agree to the personal jurisdiction of the courts located in Hong Kong SAR of the People’s Republic of China for this purpose.
12.13 Conserving power. This Arbitration Agreement will remain in effect upon termination of your relationship with UpT AI.
12.14 Small Claims Court. Regardless of the foregoing, any party may file an individual claim in the small claims court of their place of residence if the amount of the dispute is within the jurisdiction of such court.
12.15 Disputes not subject to arbitration. Disputes not subject to arbitration under this Agreement include: claims for defamation, violation of the Computer Fraud and Abuse Act (or similar laws in Hong Kong), and claims for infringement or misappropriation of the other party’s patents, copyrights, trademarks, or trade secrets.
13. Contact information
13.1 General questions and user support:
Email: ___________________.
13.2 Legal issues and dispute notifications:
Mailing Address: UpT AI Limited, No. 5, 17th Floor, STRAND 50, 50 BONHAM STRAND, Shunwan, Hong Kong
Email: ___________________.
13.3 Intellectual Property Matters (DMCA):
Email: ___________________.
13.4 Privacy and Data Protection Issues (GDPR):
Email: ___________________.
EU Representative for GDPR issues: __________________.