1. Acceptance of Terms

Welcome to Upogu. By accessing or using the Upogu platform and its services (collectively, the “Service”) owned and operated by Upogu, Inc. (“Upogu,” “we,” or “us”), you agree to be bound by these Terms of Service (the “Terms”) and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify or update these Terms at any time, with notice where required by applicable law. Your continued use of the Service after any such changes constitutes your binding acceptance of the revised Terms.

2. Intellectual Property

All content, software, and materials on the Service, including but not limited to the Upogu brand, logos, design, architecture, source code, databases, and related documentation, are protected by intellectual property laws and owned or licensed by Upogu. You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Service for its intended purpose in accordance with these Terms. This license does not permit you to reproduce, modify, distribute, sell, or create derivative works from the Service, except as expressly allowed by Upogu in writing.

Users may contribute content or data through the Service. By submitting such content, you grant Upogu a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and store the content as necessary to operate and provide the Service. You retain ownership of your content and you are responsible for ensuring you have all required rights to grant this license.

Trademarks and service marks used on the Service are the property of Upogu or their respective owners. Nothing herein shall grant you any rights to use Upogu’s marks without prior written consent.

3. Third-Party Links and Google Play Hosting

The Service may include listings, references, or links to applications offered by third parties. These applications are hosted on Google Play and are not hosted, controlled, or maintained by Upogu. Upogu does not own, operate, or endorse these third-party apps, and makes no representations about their content, accuracy, security, or reliability. Your use of any third-party app is governed by the terms and policies of the third party, including Google Play’s Terms of Service and Privacy Policy. Upogu has no responsibility or liability for the availability, content, or security of third-party apps, or for any damages arising from your use of them.

4. Disclaimers and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. UPOGU DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND TITLE. UPOGU DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UPOGU, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY THIRD-PARTY CONTENT OR APPS LISTED OR LINKED THROUGH THE SERVICE. IN NO EVENT SHALL UPOGU’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS THE SERVICE DURING THE PRECEDING TWELVE (12) MONTHS, OR (B) ONE HUNDRED DOLLARS (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. If applicable law prohibits these limitations, our liability will be limited to the maximum extent permitted by law.

5. Changes to Terms

Upogu reserves the right to modify these Terms at any time. We will provide notice of material changes and publish the updated Terms on the Service. Your continued use of the Service after such changes constitutes your acceptance of the updated Terms.

6. Miscellaneous

These Terms do not create any agency, partnership, or employment relationship between you and Upogu. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The failure of Upogu to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

7. Contact Information

If you have questions about these Terms, please contact Upogu at [email protected] or through the Upogu support channels listed on upogu.com.