GENERAL CONDITIONS OF USE - Uup APP

1. Scope of application

1.1 These general conditions (hereinafter: "General Conditions”), regulate access and use by users (hereinafter: the "Users") to the services and contents referred to in the following article 2 ( hereinafter: "Services") provided by Uup Social LLC (Registration number L2100007515), based in MIAMI - 78 SW 7th St, FL 33130 - USA (hereinafter: "UupSocial"), through the "Uup" application (of hereinafter: "Application" or "Uup"), available for smartphones, tablets or other devices capable of supporting its functions (hereinafter, collectively: "Devices").

1.2 In order to access the Application and use of the Services, the User must read these General Conditions and accept their content. For this purpose, it is understood that the access to the Application or use of the Services by the User constitutes an implicit and unreserved acceptance of the General Conditions.

1.3 The General Conditions have an indefinite duration from the date of their acceptance pursuant to the previous article 1.2.

1.4 The applicable General Conditions are those in force on the date on which the User accesses the Application or uses the Services. UupSocial reserves the right to modify the General Conditions at any time and at its own discretion, by notifying the User by publishing it on its website uupsocial.tech where the updated version of the same will be indicated, or by sending a notification. notice to the User at their Devices.

2. Application and Services

2.1. Uup is an instant messaging application that uses a cryptographic-algorithmic key system in order to allow the User to use the Services fully described on the uupsocial.tech site. Access to the Application and use of the Services are subject to the prior download and installation of Uup on the Devices.

2.2. The Application is supported by devices with iOS [6.0] or Android [9.0], or later versions. Therefore, the Application and / or Services may be usable in a limited way or completely not usable in the case of outdated versions of the operating system installed on the User's Devices.

2.3. In order to allow the effective functionality of the Services, the Application may require the User to authorize access to specific components or functions of the Devices. The User, therefore, acknowledges that in the event of lack of authorization to do so, the Application and / or the Services may not function or function in a limited manner.

2.4. UupSocial may, at any time, activate new Services or additional features of the Application, including for a fee, which, in the latter case, may be in both subscription and one-shot mode (hereinafter: "Paid Services").

2.5. In order to use the Services, the User, once downloaded on their Devices, will have to start the Application that will generate a pair of cryptographic-algorithmic keys (hereinafter, "Keys") reserved for the User:

a.    a so-called "Private Key", which can only be known by the User, with which the latter can log in to their personal account (hereinafter: "Account");

b.   a so-called "Public Key" that the User may exchange with other Users in order to be able to share the Services with the latter, or allow UupSocial to view them for the purposes referred to in Article 10.4.

2.6. The Application will send the User reports relating to the Services through notifications on the Devices. It is understood that the User may at any time disable the receipt of notifications from the Application by accessing the appropriate section of the same through their Devices.

2.7. UupSocial also reserves the right to change the features and functionality of the Application, and / or the Services, even without notice or prior acceptance by the User.

2.8. The User who does not intend to continue using Uup will have to uninstall it from their Devices and may request the cancellation of their Account, thus requesting the deletion of their Private Key, following the relevant instructions provided in the appropriate section of the Application.

3. Costs and Withdrawal

3.1 The Application is available free of charge for download on the stores authorized by UupSocial.

3.2 The download, use of the Application and Services involve the use of the internet connection. It is therefore understood that any costs charged to the User by its manager for the use of data traffic are exclusively borne by the User himself and may vary based on his own tariff plan.

3.3   In order to be able to use the paid Services, the User must make the relevant purchase by paying, in the manner and within the terms specifically indicated by UupSocial, the fees requested. In this case, to make the payment, the User may be redirected to a web page external to the Application from which to select one of the payment instruments available there and indicate the necessary data. UupSocial will allow the use of the paid services only after having received the payment of the fees due from the User, for which, if the User requests it, it will send the relevant invoice to the latter.

3.4 In the case of paid services, the User may withdraw from each purchase made pursuant to the previous paragraph without any penalty and without specifying the reason, within 14 (fourteen) days from the day of sending the same. In any case, it must be understood that the User who effects a purchase relating to a paid service whose provision is offered in the period referred to in this paragraph, is expressly requesting that the execution of the service begin during the withdrawal period. In such cases, however:

a.   if the paid service object of the purchase consists in the provision of a service, the right of withdrawal is expressly excluded and it will not be possible to exercise it if the service has been fully provided;

b.   if the paid service object of the purchase consists in the supply of digital content on non-material support, the right of withdrawal is expressly excluded and it will not be possible to exercise it.

3.5 In the cases referred to in Article 3.4, where the User exercises the withdrawal from a purchase involving a paid service consisting in the provision of services that have not been fully provided, the User will in any case be required to pay UupSocial an amount proportional to what has been provided up to the moment in which it informed the latter of the exercise of the right of withdrawal.

3.6 To exercise the right of withdrawal referred to in this article, the User must inform UupSocial of his decision to withdraw by sending the withdrawal form found on the uupsocial.tech website to the e-mail address [email protected], or a any other explicit declaration of the decision to withdraw. Following this procedure, the User will receive an e-mail confirming the withdrawal containing the references of the purchase of the paid service subject of the withdrawal. Exercising the right of withdrawal inhibits the usability of the paid service purchased.

3.7 In case of withdrawal correctly exercised according to the procedure described in the previous paragraphs, UupSocial will re-credit the amounts due to the User without undue delay and, in any case, no later than 14 (fourteen) days from the day on which it received the communication with which the User declares to legitimately exercise the withdrawal. The refund will be made using the same payment method chosen by the User at the time of purchase.

4. Obligations and prohibitions of the User

4.1 By accepting these General Conditions, the User undertakes to:

a.      use the Services in accordance with the laws and regulations in force, and in compliance with the rights of UupSocial and third parties, scrupulously complying with these General Conditions and any technical instructions for use communicated by UupSocial in the description referred to in Article 2.1;

b.     not to disclose your Private Key or any other pin necessary in order to access the Application, thus preventing them from being used improperly or unduly and in any case remaining responsible for any use of the same;

c.      keep their Public Key disclosing it only to Users with whom they intend to share the Services;

d.     promptly notify UupSocial of any improper use of its Keys or any security incidents concerning the Services of which it is aware;

e.      not to use and / or reproduce in any case and for any purpose the trademarks and / or logos of UupSocial and / or Uup and / or third parties, as well as any other information, content or material present on the Application, without written authorization of UupSocial itself and / or of the third party in question to which the trademarks and / or logos refer.

4.2 Therefore, the User is prohibited from:

a.      reverse engineer, decompile or disassemble, modify, translate, reverse engineer, attempt to identify the source code or protocols of the Application or any of its parts or features;

b.     copy, burn, emulate, register the Application, its contents, its technical specifications and its features, outside of what is expressly permitted under these General Conditions;

c.      distribute, license, lease, sell, resell, transfer, publish or otherwise exploit the Services and / or the Application, outside what is expressly permitted under these General Conditions;

d.     provide services, or develop products or derivative works or software applications based on the Application and / or the Services, or that make use of them in any way;

e.      remove, obscure or modify the General Conditions, or any notice or link relating to them, or copyright notes, or any other proprietary notice contained in the Application;

f.      compromise, interfere with or interrupt the functionality of the Application and / or Services;

g.      circumvent, or attempt to circumvent, the security measures set up to protect the Application and / or Users, or the restrictions on access and use of the Application;

h.     take any action that may compromise the security of systems and / or equipment to which the User has access through the Application or Services;

i.       groped to obtain the private key of other users;

j.       groped to access the Services using tools other than the Application or any additional methods made available by UupSocial, or in violation of the instructions provided by the latter;

k.      procure the Application in a different way than the distribution channels authorized by UupSocial;

l.       falsify your identity;

m.    take any action or share and upload any content that may be illegal, harmful, threatening, abusive, harassing, defamatory and / or libelous, vulgar, obscene, damaging to the privacy of others, racist, classist or otherwise reprehensible;

n.     publish any commercial or non-commercial advertising through the Application without the prior written consent of UupSocial;

o.     unlawfully collect data from other Users, other than the Public Key that the latter intend to share;

p.     violate, intentionally or unintentionally, any applicable law or regulation.

4.3 The User undertakes to indemnify and hold UupSocial harmless from any and all prejudicial, damaging or detrimental claim or consequence that may arise from a use of the Application and / or Services that he has made in a non-compliant manner. to these General Conditions.

5. Availability of Services.

5.1 The User acknowledges and accepts that UupSocial may at its discretion suspend or interrupt the use of the Application and / or the Services, in whole or in part, also for reasons beyond any control by UupSocial, such as, by way of exemplary and not exhaustive, slowdown, congestion and / or overload of the system, of the internet access network, of the telephone lines and of the computers that manage telematic traffic, tampering or illegal interventions by third parties on services or equipment used by the Application , exceptional events, force majeure or unforeseeable circumstances.

5.2 The Application and / or Services may also be subjected to suspensions or interruptions, total or partial, in order to guarantee ordinary and extraordinary maintenance interventions pursuant to article 6 below, or in order to remedy faults, defects, defects, malfunctions in one or more elements of the infrastructure, as well as in the event of emergencies or security threats. In such cases, the suspension will take place, even in the absence of prior notice to the User, at the sole discretion of UupSocial, which will take care to restore the functionality of the Application and / or Services as quickly as possible and without this entailing any liability. at your own expense.

5.3  It is understood that UupSocial reserves the right to suspend access to the Application and use of the Services by the User at any time, possibly by deleting his Keys, without the latter being entitled to claim for any reason, if, at its sole discretion, UupSocial detects that the User has used the Application and / or the Services illegally and / or illegally or, in any case, in violation of these General Conditions. In such cases, any notification of cancellation by UupSocial must be understood as a suitable communication to determine the automatic termination of the relationship referred to in these General Conditions.

6. Maintenance

6.1 The maintenance activities of the Application and / or Services by UupSocial ("Maintenance") may consist of:

a.  corrective maintenance, which includes interventions aimed at correcting malfunctions or errors (eg bugs);

b.  evolutionary maintenance, which includes all technical interventions aimed at improving operation and usability, adding new functions and features, adapting with respect to regulatory developments and the reference context (update).

6.2  In any case, all maintenance activities are provided on the basis of the exclusive discretion of UupSocial and without any obligation regarding methods, frequency, timing, type or number of interventions to be carried out.

6.3 The User is required to install the updates of the Application through the channels authorized by UupSocial in order to continue to use the Services regularly. No objection can be addressed to UupSocial in the event of malfunctions of any nature of the Application and / or Services that the User has not allowed to correct by installing appropriate updates. Under no circumstances will UupSocial be responsible for updating the Application and / or Services that the User has performed independently using methods not authorized by UupSocial itself.

7. Warranty

7.1 UupSocial declares and warrants that the Application and the Services related to it are not affected by defects that exclude or significantly reduce its potential use with respect to the related description referred to in Article 2.1. In any case, the Application is provided by UupSocial "in the conditions in which it is found" and "as far as available". Within the maximum limits permitted by any mandatory provisions of the law, UupSocial makes no further warranties, express or implied.

7.2 In particular, the User expressly acknowledges that:

a.   the use of the Application and Services is carried out at its sole and complete responsibility;

b.  UupSocial does not guarantee that the Application and / or Services will meet the User's needs or that they will not violate the rights of third parties, or that their use will allow to achieve any utility, nor that the Application and / or Services will always work without interruptions, on time, in a safe or error-free manner;

c.  UupSocial does not guarantee that any errors in the Application and / or Services will be promptly corrected and / or removed;

d.  The Application may contain links to other websites or internet resources managed by third parties, including for advertising purposes, for which UupSocial cannot be held responsible in any way.

7.3 The User declares to know that the correct functioning of the Application and the Services requires a connection to the internet and that the quality and speed of connection to the network and transmission of information depend exclusively on the type of connection used by the User to its exclusive cargo. UupSocial is unable to control the transfer of data in communication systems and cannot prevent any delays, failure to distribute connectivity, interruptions or other damages arising from or attributable to the User's connection to the network or to the fact of his internet service provider. Therefore, UupSocial assumes no guarantee or liability in this regard.

7.4 The guarantees referred to in this article will not apply if the User has used the Application or the Services in an incorrect, illicit or non-compliant manner with the General Conditions and / or any further instructions provided by UupSocial, as well as in the event of failure correct functioning or inadequacy of the Devices.

8. Limitation of Liability

8.1   Without prejudice to the mandatory limits of the law, UupSocial cannot be held responsible in the event of delays, malfunctions and interruptions occurring in relation to the operation of the Application and / or Services, nor does it assume any responsibility for damages of any kind and nature. that may arise from the User and / or third parties as a result of the use and / or non-use of the Application and / or the Services.

8.2   In particular, UupSocial assumes no liability for indirect damages (including, but not limited to, loss of profits, business interruptions, lost earnings) nor for the loss or inability to access or use content , data, information and for any other economic loss suffered by the User and / or third parties deriving from the use and / or non-use of the Application and / or the Services.

8.3   In relation to paid Services only, without prejudice to the mandatory limits of the law, the maximum limit of liability of UupSocial for any damage or loss, in any way derived to the User or to third parties in connection with or in execution of these General Conditions, cannot overall exceeding the economic value at the time of payment of any fees paid by the User for the paid Services in the 6 (six) months prior to the occurrence of the event that gives rise to liability.

8.4 It is understood that UupSocial cannot be held responsible in any way towards the User and / or third parties for malfunctions or defects due to changes to the Application and / or Services made by the User or by unauthorized third parties or, in any case, due to use of the Application and / or Services that does not comply with the provisions of the General Conditions.

9. Intellectual and industrial property rights

9.1   Within the limits and within the terms set out in these General Conditions, UupSocial grants the User a non-exclusive, non-transferable, or revocable license to use the Application on their Devices for the generation of the Keys.

9.2   All intellectual property rights on the Application and on the Services, on the operating interface, on their contents, on the logos, on the brands and on any distinctive sign of UupSocial or third parties, remain the exclusive property of UupSocial or third parties who they own it. The User undertakes to use the Services in compliance with these rights and the limits set out in these General Conditions and guarantees that he will not violate the intellectual property rights of UupSocial and / or third parties. It is therefore expressly forbidden for the User to modify, reproduce or use in any way such contents, logos, trademarks and distinctive signs, as well as editing, graphics, lay-out and "look and feel" of any section of the Application and / or the Services.

9.3 The User acknowledges and accepts that by using the Services he does not become the owner of any property right, including intellectual and industrial rights, on trademarks, patents, names, signs or slogans and any other distinctive sign of UupSocial, as well as 'Application, on the Services and / or on the contents accessed. The application codes constitute trade secret of UupSocial and its possible assignors.

10. Contents and External Links

10.1 Through the use of the Application and the Services, the User can upload and share their contents with other Users such as, by way of example, messages, audio files, video files, digital documents, links and applications (hereinafter, "Contents").

10.2 The User guarantees that the Contents he intends to upload and share through the use of the Application and Services do not violate the law and / or the rights of third parties. In particular, the User declares to have the ownership and / or the legitimate availability of the Contents, also in terms of intellectual property, assuming all exclusive responsibility in this regard.

10.3 The User acknowledges that, except as specified in article 10.4 below, UupSocial is not able to access, verify, store, copy the Content that Users share while using the Services. Therefore, the User accepts as of now that:

a.   in the event of uninstallation of the Application, or deletion of the Contents on the Devices, or loss of the Private Key, the Contents may be permanently lost and no longer recoverable, without UupSocial being liable in any way and for any reason whatsoever;

b. through the Application you will be able to access Content uploaded by other Users that may be inaccurate, incomplete, misleading, illegal, offensive or otherwise harmful and for which UupSocial cannot in any way and for any reason be held responsible.

10.4    Only in the face of the specific authorization to this effect by the User, UupSocial will be able to analyze the Contents and associate them with the Public Key of the latter, in order to carry out a profiling of the preferences for promotion, marketing and advertising purposes.

10.5    The Application may contain links to other websites or internet resources managed and controlled by third parties (hereinafter, "External Links"). The User acknowledges that the connection to these External Links through the Application and the Services does not imply any type of approval or verification by UupSocial with respect to them and that access to the External Links takes place at its sole and exclusive discretion, since UupSocial has no power of control over the contents and / or products and / or services provided through them, nor over the privacy policies and / or security measures applied by them. UupSocial, therefore, cannot in any way be held responsible:

a.   the actual availability and accessibility to External Links;

b. any errors, inaccuracies or omissions of the contents relating to the External Links;

c.   of possible malfunctions and / or interruptions in the availability of External Links, or Devices, even in the event of damage due to viruses and / or destructive elements originating from them, or for any harmful consequence, of any nature, that from the interaction with External Links could be caused to the User or to third parties.

Therefore, the User assumes, on an exclusive basis, the total and unconditional responsibility for any losses, costs and direct and / or indirect damages, of any nature and entity, which may derive from the interaction with the External Links, possibly making a claim. exclusively on the manager of the same for any dispute.

11. Treatment of personal data.

11.1   UupSocial undertakes to comply, with any obligation provided for by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the "protection of individuals with regard to the processing of personal data and the free circulation of such data" , as well as the applicable regulations and the provisions of the competent Authorities, regarding the protection of personal data.

11.2 The User agrees to the processing of personal data based on the privacy policy available on the uupsocial.tech/privacy web page.

11.3 In any case, it is understood that the data will be processed according to principles of lawfulness and correctness, in order to protect fundamental rights and freedoms, in compliance with technical and organizational measures, adequate to ensure a level of security adequate to the risk, with modalities manual and / or automated, according to the provisions of the privacy policy which the User declares to have read.

12. Subcontract.

12.1  UupSocial may entrust, even only partially, the provision of the Services to its subcontractors.

12.2 UupSocial will remain solely responsible to the User in relation to the Services provided by its subcontractors.

13. Communications.

13.1   In order to receive any clarifications on the use of the Application and / or Services, a special section is made available to the User on the uupsocial.tech website where you can consult the FAQ.

13.2   Alternatively, the UupSocial assistance service can be reached through a specific contact channel on the uupsocial.tech website.

13.3   The User accepts that all notices and communications provided for in these General Conditions may be sent to him by UupSocial, alternatively and at its own discretion, by:

a.    a notification sent to your Devices through the Application

b.  a message sent to the addresses provided by the User pursuant to Article 13.2.

14. Applicable law and competent court

14.1 The law applicable to the General Conditions and the competent jurisdiction are those provided for by reason of the User's nationality.