Terms & Privacy
Upper App Privacy Policy
Effective as of March 30, 2020
Upper App is committed to protecting your privacy and personal information. Please read carefully to learn how we use the information you provide responsibly. You MUST agree with this policy in order to use Upper App. Any Privacy Policy questions and concerns can be sent to [email protected]
First of all, we do not and will not sell your personal information to third parties. Your data is restricted to only Upper App Administrators in order to perform necessary operations. We only collect your data in order to improve your experience with Upper App in regards to:
• Products and services
• Updates and communications
By creating an account with Upper App using your email or sign up for an email list, you agree to receive email communications. At any given time, you can freely unsubscribe from these emails or opt-out of certain communications.
Upper App may disclose your personal information when it is necessary:
• To provide services to you
• To protect our rights
• To protect us against liability
• To prevent fraudulent activity
• To pursue remedies or limit any damages
• To comply with a subpoena, warrant, or an order made by a court, person or body with jurisdiction
• In good faith that a law, regulation, rule or guideline requires it
We are not legally required to keep your information longer than it is necessary for the purposes described in this policy.
As far as discussions and comments you create, they are kept indefinitely to maintain its normal functionality unless you or an administrator deletes them.
Upper App uses several service providers in the United States to manage our data with the highest degree of security measures. However, no security system is impenetrable due to the inherent nature of the Internet. Upper App has policies in place in case of breach situation. In the event of a data breach, upon becoming aware of the breach, Upper App will determine the scope and nature of the breach and notify any users affected, as well as any organizations that require notification of such a breach. Upper App will work with the relevant professionals to make all reasonable efforts to halt and mitigate any data breach.
Personally identifiable information
Depends on what you do when you visit our website https://www.upperapp.weebly.com, Upper App only collects personally identifiable information if you voluntarily submit it to us. You can refuse to supply such information which might prevent you from fully engaging in Upper App’s activities.
Children under thirteen
Upper App does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this site.
Non-personal identifiable information
Certain non-personal identifiable information about a user’s interaction with Upper App may be collected and stored in a secured, non-disclosed location. Such information helps us to fine-tune our technical specifications, track your progress to maintain and improve the quality of our products and services.
Account registration
You will be required to provide your name, email address, when you create an account with Upper App. We collect such information in order to authenticate your identity as the account owner and be sales tax compliant. Your email will be used as our main communications method for:
• Account or password changes;
• Order, subscription, membership-related matters; and
• Products and services offering, interruption, and updates.
We also store the information you entered to create an account and to leave comments to operate site-wide functions.
Purchases
The information you provide during your checkout process is used for:
• Account, purchase, refund, and dispute related communications.
• Payment processing and fraud prevention.
• Legal and tax compliance.
• Learning experience development and updates.
Payments
Upper App uses apple to process payments you make. When processing payments, some of your data will be passed to the payment processor using secured encryption.
If you subscribe to a recurring plan, your payment information will be securely stored on the Apple Store platform to charge your payment method when payments are due. Upper App does NOT store your credit card information in our database.
Cookies
With your permission, unless you disable cookies, your web browser stores cookies on your local drive to track your browsing activities or preferences. In order to consistently supply you relevant services we may utilize cookies for:
• Analyzing your visit to personalize contents delivered to you
• Streamlining your account access
• Managing your feedback, comments shared with others
When you log into your account, a temporary cookie with nonpersonal data is used to determine if your browser accepts cookies and will be deleted when you close the browser.
We also set up site-specific cookies to save your activities and preferences which may last up for a year if not cleared. Cookies can be deleted, blocked or disabled through your browser settings if you wish.
Embedded content from other websites
In order to continue offering the best pricing for you to enjoy the premium learning experience, Upper App curates sponsored content from relevant sources and may embed content from other websites. The embedded content follows the same manner regarding privacy as if you have visited the other website.
You are entitled to request an exported file of any personal data we store as long as it is available. You can also request such data to be erased, except for the data kept for administrative, legal, or security purposes.
California Privacy Rights
California residents have the right to request the following information as long as you have established a business relationship with Upper App:
• A list of the categories of personal information that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes if any, and
• the names and addresses of all such third parties if any.
• Upper App and/or your consultant will collect your address and zip code to facilitate delivering any information you choose to obtain. The collection of such information is necessary to complete your request.
If you are a Upper App user and a California resident, please contact us at [email protected] to request this information.
Upper App Terms and Conditions
Effective Date: March 30, 2020
Please read this contract between you and Upper App carefully before creating your account and accessing the site. By checking the box, you accept and agree to all of the terms and conditions imposed in this agreement.
• Upper App may increase subscription fees for a subsequent subscription period at any time and for any reason with notice at least thirty (30) calendar days prior to the change.
• Upper App may terminate the subscription if the subscription cannot be renewed due to invalid payment methods.
Refund policy
If Upper App doesn’t quite work for you let us know and we will stop the subscription. The payments prior to date of cancellation are non-refundable.
Proprietary Rights
Upper App and its content providers shall retain all worldwide rights in the intellectual property available through the site, including, but not limited to, trademarks, inventions, trade secrets, the software code, design elements, and the copyrights in its original content. You are advised to assume that everything on the site is protected and owned or licensed by Upper App except as expressly stated in the terms.
You shall not reproduce, duplicate, distribute, display any information for commercial use without the prior written consent of Upper App.
If you submit any unsolicited intellectual property or proprietary information to Upper App, you may forfeit your rights contained in such communication or material.
Feedback
In the course of using Upper App’s services, we may ask, and you may provide, Upper App with any feedback relating to the Services (including, without limitation, feedback related to usability, performance, interactivity, bug reports, and test results) (“Feedback”), Upper App will own all right, title, and interest in and to such Feedback (and you hereby make all assignments necessary to achieve such ownership). You acknowledge and agree that all Feedback is given voluntarily and does not contain confidential or proprietary information, and shall be considered as non-confidential by Upper App.
Indemnification
You agree to defend, indemnify and otherwise hold harmless Upper App and its officers, directors, agents, employees, shareholders, content creators, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from Prohibited Conduct Policy or other improper or illegal use of the site, or breach of these Terms.
Privacy Policy
All of Upper App employees are required to adhere to ethical standards in gathering, using, and safeguarding any information you provide as outlined in Upper App’s Privacy Policy.
Security and Authorized Use
You are prohibited from violating or attempting to breach the security of the Site. Upper App has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
You are encouraged to take reasonable steps to protect against unauthorized access to your account. You represent and warrant that you are the person on whose behalf you claim to accept these terms. If you are entering into these terms on behalf of a party, you represent and warrant that you have the power and authority to do so. You also represent and warrant that you are an adult who is legally able to enter into these terms.
Warranties
You agree to access this site at your own risk. The content and services are provided as-is and as available without any form of warranty. Upper App does not warrant any guaranteed result from the use of the content and services. Upper App does not warrant that your access to the site will be uninterrupted, error-free, virus-free or completely secure.
Limited Liability
Under no circumstances and under no legal theory (tort, contract or otherwise) shall Upper App or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, content creators, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses. Your use of this site is at your sole risk and you are solely responsible for any damage to your computer system in excess of the amount Upper App received from our users.
This disclaimer is applicable to any damage or injury resulting from the negligence Upper App, computer virus or security breach, telecommunications errors, or unauthorized use of user information. Upper App is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site. The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.
Miscellaneous
These Terms constitute the entire agreement between Upper App and you regarding the subject matter hereof. Any previous agreement, whether oral or written, between Upper App and you dealing with the subject matter hereof is superseded.
These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect.
Upon your breach or threatened breach of these Terms, Upper App may pursue any legal or equitable remedy available. Upper App’s remedies are cumulative and not exclusive. Failure of Upper App to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the agreement at any time thereafter.
You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing the site, you accept this shortening of the statutes of limitations. Upper App makes no representation that the content of the site is appropriate or available for use in all locations. Upper App operates this site from the United States and makes no representation that the site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this site. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Upper App cannot provide notifications via post, only e-mail.
These terms and any claim or action related to or arising from these Terms or content on the site shall be governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and Upper App shall be finally resolved through binding arbitration in Irvine, California. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the California Supreme Court or the United States District Court for the District of California. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the California Supreme Court or the United States District Court for the District of California for any equitable claim or other action related to or arising from these terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
Upper App Privacy Policy
Effective as of March 30, 2020
Upper App is committed to protecting your privacy and personal information. Please read carefully to learn how we use the information you provide responsibly. You MUST agree with this policy in order to use Upper App. Any Privacy Policy questions and concerns can be sent to [email protected]
First of all, we do not and will not sell your personal information to third parties. Your data is restricted to only Upper App Administrators in order to perform necessary operations. We only collect your data in order to improve your experience with Upper App in regards to:
• Products and services
• Updates and communications
By creating an account with Upper App using your email or sign up for an email list, you agree to receive email communications. At any given time, you can freely unsubscribe from these emails or opt-out of certain communications.
Upper App may disclose your personal information when it is necessary:
• To provide services to you
• To protect our rights
• To protect us against liability
• To prevent fraudulent activity
• To pursue remedies or limit any damages
• To comply with a subpoena, warrant, or an order made by a court, person or body with jurisdiction
• In good faith that a law, regulation, rule or guideline requires it
We are not legally required to keep your information longer than it is necessary for the purposes described in this policy.
As far as discussions and comments you create, they are kept indefinitely to maintain its normal functionality unless you or an administrator deletes them.
Upper App uses several service providers in the United States to manage our data with the highest degree of security measures. However, no security system is impenetrable due to the inherent nature of the Internet. Upper App has policies in place in case of breach situation. In the event of a data breach, upon becoming aware of the breach, Upper App will determine the scope and nature of the breach and notify any users affected, as well as any organizations that require notification of such a breach. Upper App will work with the relevant professionals to make all reasonable efforts to halt and mitigate any data breach.
Personally identifiable information
Depends on what you do when you visit our website https://www.upperapp.weebly.com, Upper App only collects personally identifiable information if you voluntarily submit it to us. You can refuse to supply such information which might prevent you from fully engaging in Upper App’s activities.
Children under thirteen
Upper App does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this site.
Non-personal identifiable information
Certain non-personal identifiable information about a user’s interaction with Upper App may be collected and stored in a secured, non-disclosed location. Such information helps us to fine-tune our technical specifications, track your progress to maintain and improve the quality of our products and services.
Account registration
You will be required to provide your name, email address, when you create an account with Upper App. We collect such information in order to authenticate your identity as the account owner and be sales tax compliant. Your email will be used as our main communications method for:
• Account or password changes;
• Order, subscription, membership-related matters; and
• Products and services offering, interruption, and updates.
We also store the information you entered to create an account and to leave comments to operate site-wide functions.
Purchases
The information you provide during your checkout process is used for:
• Account, purchase, refund, and dispute related communications.
• Payment processing and fraud prevention.
• Legal and tax compliance.
• Learning experience development and updates.
Payments
Upper App uses apple to process payments you make. When processing payments, some of your data will be passed to the payment processor using secured encryption.
If you subscribe to a recurring plan, your payment information will be securely stored on the Apple Store platform to charge your payment method when payments are due. Upper App does NOT store your credit card information in our database.
Cookies
With your permission, unless you disable cookies, your web browser stores cookies on your local drive to track your browsing activities or preferences. In order to consistently supply you relevant services we may utilize cookies for:
• Analyzing your visit to personalize contents delivered to you
• Streamlining your account access
• Managing your feedback, comments shared with others
When you log into your account, a temporary cookie with nonpersonal data is used to determine if your browser accepts cookies and will be deleted when you close the browser.
We also set up site-specific cookies to save your activities and preferences which may last up for a year if not cleared. Cookies can be deleted, blocked or disabled through your browser settings if you wish.
Embedded content from other websites
In order to continue offering the best pricing for you to enjoy the premium learning experience, Upper App curates sponsored content from relevant sources and may embed content from other websites. The embedded content follows the same manner regarding privacy as if you have visited the other website.
You are entitled to request an exported file of any personal data we store as long as it is available. You can also request such data to be erased, except for the data kept for administrative, legal, or security purposes.
California Privacy Rights
California residents have the right to request the following information as long as you have established a business relationship with Upper App:
• A list of the categories of personal information that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes if any, and
• the names and addresses of all such third parties if any.
• Upper App and/or your consultant will collect your address and zip code to facilitate delivering any information you choose to obtain. The collection of such information is necessary to complete your request.
If you are a Upper App user and a California resident, please contact us at [email protected] to request this information.
Upper App Terms and Conditions
Effective Date: March 30, 2020
Please read this contract between you and Upper App carefully before creating your account and accessing the site. By checking the box, you accept and agree to all of the terms and conditions imposed in this agreement.
• Upper App may increase subscription fees for a subsequent subscription period at any time and for any reason with notice at least thirty (30) calendar days prior to the change.
• Upper App may terminate the subscription if the subscription cannot be renewed due to invalid payment methods.
Refund policy
If Upper App doesn’t quite work for you let us know and we will stop the subscription. The payments prior to date of cancellation are non-refundable.
Proprietary Rights
Upper App and its content providers shall retain all worldwide rights in the intellectual property available through the site, including, but not limited to, trademarks, inventions, trade secrets, the software code, design elements, and the copyrights in its original content. You are advised to assume that everything on the site is protected and owned or licensed by Upper App except as expressly stated in the terms.
You shall not reproduce, duplicate, distribute, display any information for commercial use without the prior written consent of Upper App.
If you submit any unsolicited intellectual property or proprietary information to Upper App, you may forfeit your rights contained in such communication or material.
Feedback
In the course of using Upper App’s services, we may ask, and you may provide, Upper App with any feedback relating to the Services (including, without limitation, feedback related to usability, performance, interactivity, bug reports, and test results) (“Feedback”), Upper App will own all right, title, and interest in and to such Feedback (and you hereby make all assignments necessary to achieve such ownership). You acknowledge and agree that all Feedback is given voluntarily and does not contain confidential or proprietary information, and shall be considered as non-confidential by Upper App.
Indemnification
You agree to defend, indemnify and otherwise hold harmless Upper App and its officers, directors, agents, employees, shareholders, content creators, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from Prohibited Conduct Policy or other improper or illegal use of the site, or breach of these Terms.
Privacy Policy
All of Upper App employees are required to adhere to ethical standards in gathering, using, and safeguarding any information you provide as outlined in Upper App’s Privacy Policy.
Security and Authorized Use
You are prohibited from violating or attempting to breach the security of the Site. Upper App has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
You are encouraged to take reasonable steps to protect against unauthorized access to your account. You represent and warrant that you are the person on whose behalf you claim to accept these terms. If you are entering into these terms on behalf of a party, you represent and warrant that you have the power and authority to do so. You also represent and warrant that you are an adult who is legally able to enter into these terms.
Warranties
You agree to access this site at your own risk. The content and services are provided as-is and as available without any form of warranty. Upper App does not warrant any guaranteed result from the use of the content and services. Upper App does not warrant that your access to the site will be uninterrupted, error-free, virus-free or completely secure.
Limited Liability
Under no circumstances and under no legal theory (tort, contract or otherwise) shall Upper App or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, content creators, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses. Your use of this site is at your sole risk and you are solely responsible for any damage to your computer system in excess of the amount Upper App received from our users.
This disclaimer is applicable to any damage or injury resulting from the negligence Upper App, computer virus or security breach, telecommunications errors, or unauthorized use of user information. Upper App is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site. The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.
Miscellaneous
These Terms constitute the entire agreement between Upper App and you regarding the subject matter hereof. Any previous agreement, whether oral or written, between Upper App and you dealing with the subject matter hereof is superseded.
These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect.
Upon your breach or threatened breach of these Terms, Upper App may pursue any legal or equitable remedy available. Upper App’s remedies are cumulative and not exclusive. Failure of Upper App to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the agreement at any time thereafter.
You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing the site, you accept this shortening of the statutes of limitations. Upper App makes no representation that the content of the site is appropriate or available for use in all locations. Upper App operates this site from the United States and makes no representation that the site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this site. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Upper App cannot provide notifications via post, only e-mail.
These terms and any claim or action related to or arising from these Terms or content on the site shall be governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and Upper App shall be finally resolved through binding arbitration in Irvine, California. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the California Supreme Court or the United States District Court for the District of California. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the California Supreme Court or the United States District Court for the District of California for any equitable claim or other action related to or arising from these terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.