General Terms of Service
Last updated: September 12, 2023
This page describes the general terms that apply to your use of any of our services. It is establishing what you can expect from us (Uappe, LLC) as you use our services and what we expect from you. By using our services, you agree to these terms. These General Terms of Service (General Terms) are a legal agreement between you and Uappe, LLC to use the Uappe services of Uappe Mall, including the Uappe Mall mobile applications and website, software, and other services (collectively, the Services). You also agree to any additional terms specific to the Services you use (Additional Terms), which become part of your agreement with us (collectively, the Terms). If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these Terms, and that business accepts these Terms. You should read all of our Terms carefully.
Please read the Terms carefully before using our services.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
● Account means a unique Uappe account created by You to access our Service or parts of our Service.
● Company (referred to as either the Company, We, Us, Our, Uappe, Uappe, LLC, or UappE in this Agreement) refers to uappe LLC. For the purpose of the GDPR, the Company is the Data Controller.
● Country refers to United States.
● Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
● Uappe Mall (referred to as either as Uappe Mall Services or the Mall) is one of the Uappe Services to provide you with ecommerce services via Uappe Mall mobile devices and website. To use Uappe Mall services, You also agree to any additional terms as Uappe Mall Terms of Service (referred to also as Leasing Agreement), which become part of your agreement with us (collectively, the Terms).
● Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
● Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
● Payment Provider (referred to as either Payment Service Provider, PSP) A Payment Provider refers to a third-party company that provides payment services to businesses that accept online payment methods (such as PayPal, Square).
● Services (also refers to as either the Service, the Services, Uappe Services, Uappe Mall, the Mall) means all Uappe services such as Uappe Mall application on web and mobiles, and other services.
● Terms (also referred as Term, Agreement, Conditions, Terms and Conditions, Terms of Service, Terms of Use) mean these Terms that form the entire agreement between You and the Company regarding the use of the Services.
● Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
● You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.
The Terms constitute a binding and enforceable legal contract between the
Company and You in relation to the use of the Service, and cover your use of and access to the sites, apps, templates,
products, applications, tools, services and features (collectively, the
Services) provided by Uappe company, including without limitation during free
trials, on the Uappe web, mobile and other applications.
You must open an account with us to use the
Services. During registration we will ask you for information, which may
include but is not limited to, your name and other personal information. You
must provide accurate and complete information in response to our questions,
and you must keep that information current. You are fully responsible for all
activity that occurs under your Account, including for any actions taken by
persons to whom you have granted access to the Account. We strongly encourage you to keep the log-in credentials of your Account
confidential, and allow such access only to people you trust - as you will be
solely and fully responsible for all activities that occur under your Account. You
should keep your username and password protected and safe, and only allow
people you trust to access your Account. You may not use
as a username the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another
person or entity other than You without appropriate authorization, or a name
that is otherwise offensive, vulgar or obscene.
We
reserve the right to suspend or terminate the Account of anyone who provides
inaccurate, untrue, or incomplete information, or who fails to comply with the
account registration requirements.
All content included in or made available through the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Uappe or its content suppliers and protected by the Country. All content included in or made available through any Uappe Service is the exclusive property of Uappe and protected by the Country.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (see Uappe website) and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
● An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
● A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
● Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
● Your address, telephone number, and email address.
● A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
● A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of the Country.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Our
Service allows You to post Content. You own all rights to your
content. We may handle your content in order to provide you with the Service. You are
responsible for the Content that You post to the Service, including its
legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use,
modify, publicly perform, publicly display, reproduce, and distribute such
Content on and through the Service. You retain any and all of Your rights to
any Content You submit, post or display on or through the Service and You are
responsible for protecting those rights. You agree that this license includes
the right for Us to make Your Content available to other users of the Service,
who may also use Your Content subject to these Terms.
You represent and warrant that: (a) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, (b) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, (c) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory, (d) encourages conduct that would be considered a criminal offense or gives rise to civil liability, (e) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights, (f) contains corrupted data or any other harmful, disruptive, or destructive files, or (g) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose the company or its customers or other persons to harm or liability of any nature.
When You use the Service (such as creating a store), You represent and warrant that you own or have obtained the necessary legal rights to provide contents through the Company to do legal business, and you should maintain these rights for as long as the Service is available. The Company claims no ownership over contents You submit through the Company.
You expressly understand and agree that You are
solely responsible for the Content and for all activity that occurs under your
account, whether done so by You, any third person using Your account, or your
customers.
You will not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. You will not , nor will permit any third party, directly or indirectly, to do:
● Unlawful or promoting unlawful activity.
● Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
● Spam, machine, or randomly generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling, disassemble or otherwise reverse engineer the Services.
● Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
● Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
● Impersonating any person or entity including the Company and its employees or representatives.
● Violating the privacy of any third person.
● False information and features.
● Contents that contain harassing and abusing behavior, offensive, sexually, pornographic, intimate images, violent or gory contents. In addition, any content or product which is prohibited is NOT allowed to be published.
● Do not facilitate the promotion or sale of regulated or illegal products.
● Do not export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII);
● Do not engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury Office of Foreign Asset Control (31 C.F.R. Parts 500-599).
● Do not perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure.
● Do not transfer any rights granted to You under the Terms.
● Do not use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm.
● Do not upload or share content that exploits or abuses children.
● Do not upload personal and confidential information.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. The Company may also monitor such Content to detect and prevent fraudulent activity or violations of the Terms. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account, and any of your transactions with law enforcement.
The Company reserves the right, but not the
obligation, to, in its sole discretion, determine whether or not any Content is
appropriate and complies with this Terms, refuse or remove this Content. The
Company further reserves the right to make formatting and edits and change the
manner of any Content. The Company can also limit or revoke the use of the
Service if You post such objectionable Content. As the Company cannot control
all content posted by users and/or third parties on the Service, you agree to
use the Service at your own risk. You understand that by using the Service You
may be exposed to content that You may find offensive, indecent, incorrect or
objectionable, and You agree that under no circumstances will the Company be
liable in any way for any content, including any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of your use of
any content. Although regular backups of Content are
performed, the Company does not guarantee there will be no loss or corruption
of data. Corrupt or invalid backup points may be caused by, without limitation,
Content that is corrupted prior to being backed up or those changes during the
time a backup is performed. The Company will provide support and attempt to
troubleshoot any known or discovered issues that may affect the backups of
Content. But You acknowledge that the Company has no liability related to the
integrity of Content or the failure to successfully restore Content to a usable
state.
After uploading your content, you cannot download them. You agree to maintain a
complete and accurate copy of any Content in a location independent of the
Service.
Use of Service
Subject to your compliance with these Terms and your payment, the Company or its content providers grant you a limited, non-exclusive, non-transferable license to access and make use of the Service. This license does not include any resale or commercial use of the Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights are reserved and retained by the Company or its licensors, suppliers, publishers, or other content providers. No Uappe Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other hidden text utilizing the Company's name or trademarks without the express written consent of the Company. You may not misuse the Service. You may use the Service only as permitted by law. The licenses granted by the Company terminate if you do not comply with these Terms.
Do not use the Service to engage in illegal activities or promote dangerous and illegal acts. For instance, do not facilitate the promotion or sale of regulated or illegal drugs or firearm. If we are notified of unlawful activities, we will take appropriate action, which may include removing access to the Service, or reporting you to the relevant authorities.
Use of Uappe Mall Services
Shopping Services
If you are shopping at the Uappe Mall, this section applies to
you.
When you shop at the Uappe Mall, business owners other than the
Mall operate stores to sell product lines or services through the Services.
Each store is operating separately and independently. The Mall is facilitating ecommerce
services and does not have control or warrant over the businesses operations,
such as charges, refunds, returns, damages, shipping, store contents, and all
other operations. Business
owners are responsible for all their business operations and the Content of
their stores. For any questions about your purchase, you must contact the store
you purchase the products or services from. The Mall is not responsible for
examining or evaluating, and we do not warrant, the offerings of any of these
businesses or individuals (including the content of their store). The Mall does
not assume any responsibility or liability for the actions, products and
services, and content of all these stores and any other third parties. In
addition, The Mall Services and businesses might provide links to the sites of other
businesses, and if you purchase any of the products or services offered by
these businesses or individuals, you are purchasing directly from those third
parties, not from the Mall. The privacy statements and other terms and
conditions of these businesses are different than the Uappe Privacy Policy and
Terms of Service. You should carefully review their privacy statements, terms of
service, return policy, and other policies in addition to Our policies.
Business Services
If
you are creating a store at the Uappe Mall, this section applies to you.
The Uappe Mall (as the Uappe, LLC Services) is providing
services as an online ecommerce services. Uappe Mall provides services to Shopping
Services to purchase goods and services provided by business owners. Subject
to your compliance with these Terms, Uappe General Terms of Service, Privacy
Policy, and third-party policies, the Company or its content providers grant
you a limited, non-exclusive, non-transferable license to access and make use
of the Service. This license does not include any resale or commercial use of the
Service, or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of the Service or its contents; any
downloading, copying, or other use of account information for the benefit of
any third party; or any use of data mining, robots, or similar data gathering
and extraction tools. All rights are reserved and retained by the Company or
its licensors, suppliers, publishers, or other content providers. No Uappe Services
may be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of the
Company. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of the Company without express written consent. You may not
use any meta tags or any other "hidden text" utilizing the Company's
name or trademarks without the express written consent of the Company. You may
not misuse the Service. You may use the Service only as permitted by law. The
licenses granted by the Company terminate if you do not comply with these
Terms.
Do not use the Service to engage in illegal activities or promote dangerous and illegal acts. For instance, do not facilitate the promotion or sale of regulated or illegal drugs or firearm. If we are notified of unlawful activities, we will take appropriate action, which may include removing access to the Service, or reporting you to the relevant authorities.
When You create a store at the Mall,
You are responsible for the Content of your store, and You are liable for any
sale, credit card transactions, refunds, returns, product damages, store
contents (such as store logo, products images, reviews, messaging,
notifications, and others), fulfillments, and any other activities
including your customer contents and activities. The Mall just facilitates the
ecommerce services via the Uappe Mall Services. In
addition, You are required to provide your business Terms of Service, Privacy
Policy, and Return Policy.
When you publish your store, you agree to
all Terms of this Agreement. In addition, You are responsible for all
applicable Taxes applicable national, provincial, state, local, or other taxes
for your business. You can define a tax percentage for all your products and
services to charge your customers, but you shall be liable for payment of any
such Taxes and the Tax percentage you are charging your customers.
Uappe Mall provides facilities to setup Payment
Providers (Square, PayPal) for your store. For PayPal, all activities are in
the PayPal Customers account and your account. The Mall just provides orders to
PayPal via Oauth to process transactions. For Square, We provide more
functionality via their API and Square Oauth to process your customers' credit cards, orders,
refunds, and other transactions on your behalf with your authorization at the
Square Setting time. Square and PayPal account compliance is your
responsibility, and you must check your account via Online Square Dashboard and PayPal to ensure the activities are correct. Uappe
Mall is facilitating PayPal and Square services and
does not have control or warrant over their operations, such as charges,
refunds, payments, disputes, and other activities. For Square Refund Policies and Square Payment Disputes Process visit the Square website or contact Square. For PayPal Disputes or Refund Policy, visit the PayPal website or contact
PayPal.
You represent and warrant that you own or have obtained the
necessary legal rights to provide contents and products for your store through
Uappe Mall to do legal business, and you should maintain these rights for as
long as the store is available to your customers. The Company claims no
ownership over contents or products you submit through the Uappe Mall. As described in the Contents section, You CANNOT use
the Uappe Mall services for the sale of firearms, firearm parts, ammunition,
weapons or other devices designed to cause physical or mental harm as well as
any type of porn or pornographic business.
When your
store is published, your content is immediately available to the public. If You change your product price or
update your store, it will not update the customer�s app while they are
visiting the store, and it will be updated after exiting the app and entering
the app again.
DISCLAIMER:
Tax compliance is your responsibility. If you have any questions about your tax
obligations, you should consult a professional tax advisor. Also, You are responsible for the Content of your store, and
You are liable for any sale, credit card transactions, refunds, returns,
product damages, warranty, store contents
(such as store logo, products images, reviews, messaging, notifications, and
others), fulfillments, disputes, and any other activities including your
customer contents and activities.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply cancel your subscription, and discontinue using the Service.
In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the extent permitted by law.
The Uappe Services and all information, content, materials, software, and other services included on or otherwise made available to you through the Uappe Services are provided by Uappe on an AS IS and as available basis, unless otherwise specified in writing. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, materials, software, or other services included on or otherwise made available to you through the Service, unless otherwise specified in writing. You expressly agree that your use of the Service is at your sole risk.
To the full extent permissible by law, Uappe disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Uappe does not warrant that the Service, information, content, materials, software or other services included on or otherwise made available to you through the Service are free of viruses or harmful. To the full extent permissible by law, Uappe will not be liable for any damages of any kind arising from the use of the Service, or from any information, content, materials, software or other services included on or otherwise made available to you through any services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
The Service is provided to You AS IS and AS AVAILABLE and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY (UAPPE) AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY OF ANY KIND RELATED TO THE UAPPE MALL SERVICES OR UAPPE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. THE COMPANY (UAPPE) AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CUSTOMER DATA AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP YOUR CONTENTS AND DATA. NEITHER THE COMPANY (UAPPE), NOR ITS SUPPLIERS OR LICENSEES, WARRANT THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE, MALWARE- FREE, OR UNINTERRUPTED.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a terrorist supporting country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Contacting us
Uappe, LLC is an American e-commerce software development company as Universal App Ecommerce (UappE), headquartered in San Jose, California. Contact us by
calling us at (408)- 600-2732 or
sending us an email to support@uappe.com.
� 2023 uappe, LLC