FutureUp Lab – Terms of Service
Last updated: October 5, 2020
These Terms of Service (these “Terms”) apply to the services (the “Services”) provided by FutureUp Lab S.R.L. (“FutureUp Lab,” “us,” “we,” or “our”) via the “Site” https://www.futureuplab.com/
By registering to use or access the services or accessing the site and/or services, you acknowledge and agree that: (a) you have read these terms; (b) you understand all of the terms and conditions of these terms; and (c) you agree to be legally bound by all of the terms and conditions set forth in these terms.
FutureUp Lab reserves the right to change or modify any of the terms and conditions contained in these Terms (or any FutureUp Lab policy or guideline) at any time and at FutureUp Lab’s discretion. If we make changes to these Terms, we will provide notice of such changes, by sending you a notification, by providing notice through the Services, and/or by updating the “Last Updated” date at the top of these Terms and posting the revised Terms to our Services on the Site. Your continued use of any of the Services will constitute your acceptance of such changes. You should review these Terms whenever you access the Services to ensure that you understand the terms and conditions that will apply to your use of the Services.
For purposes of these Terms, “FutureUp Lab” refers to FutureUp Lab and FutureUp Lab’s management and employees.
Section 1. Eligibility
You represent and warrant that you (a) are at least 18 years of age, and (b) have not been previously suspended or removed from using our Services.
Section 2. Privacy
Section 3. Account
To access certain areas and features within the Services, you must create an account. When you create and account you agree to (a) provide accurate, truthful, current and complete information; (b) maintain and promptly update your account info; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your devices used to access your account; (d) promptly notify FutureUp Lab if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Section 4. Services
On the condition that you comply with these Terms, FutureUp Lab hereby grants you a non-exclusive, non-transferable, revocable license to access our Services (including any FutureUp Lab Material therein) solely for the purpose of enabling you to use the Services in the manner permitted by these Terms. If FutureUp Lab chooses to provide any updates replacing or supplementing its original Services, this license will govern any such updates unless such updates are accompanied by a separate license, in which case the terms of that license will govern.
FutureUp Lab may change, review, improve, or discontinue (to any extent if finds fit) the Services or any materials, information, features, or content on the Services at any time, with or without notice to you. If you no longer wish to use the Services following any such modifications, you may terminate these Terms.
The Services require the use of a range of third-party products and services (“Third Party Services”) identified on the Site. Use of any Third Party Services is at your sole risk and will be governed by separate terms and conditions, separate privacy policies relating to usage of data you may share through the Third Party Services in the course of using the Services, other applicable policies, and may include separate charges and fees. We may display content from third parties through the Services or may provide information about or links to Third Party Services. Your interactions with any such third parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. FutureUp Lab is not responsible or liable for any loss or damage of any sort incurred as a result of any such interactions or as a result of the presence of such third-party information made available through the Services. If you are not able to access or use the Third Party Services for any reason, you may not be able to use the Services as they are intended and your sole option will be to terminate these Terms.
Section 5. Fees and payment terms
FutureUp Lab provides a monthly subscription for access to its Services (each monthly period defined as “Subscription Period”) at the prices set forth on the Services, paid in advance of the beginning of each applicable Subscription Period. If the applicable fees are not paid prior to the beginning of the Subscription Period, your access to the Services will be terminated until applicable fees are paid. FutureUp Lab, at its sole discretion, may modify its pricing during any Subscription Period and such pricing changes will be effective as of the directly subsequent Subscription Period. If any such price changed occur, you will be notified via email 1 month in advance.
All payments must be made: (a) in EUR and (b) by credit/debit card via an authorized FutureUp Lab payment processor. You hereby: (i) authorize FutureUp Lab (or its authorized payment processor) to charge the credit/debit card number provided to FutureUp Lab; and (ii) represent and warrant that you are authorized to use and have fees charged to the credit/debit card number provided to FutureUp Lab. You may withdraw such authorization by utilizing the cancellation mechanism provided via the Services, or, if no mechanism is available via the Services, emailing us at [email protected]. Should the payment method described above not be viable for your situation, a subsequent payment method and Subscription Period definition can be agreed in writing, which will supplement section 5 of these Terms.
Section 6. Restrictions on use of service
You are solely responsible for your conduct (and the conduct of anyone who uses the Services on your behalf) with respect to the Services, which you use at your own risk. Except as expressly permitted in writing by FutureUp Lab, you will not do, and will not permit any third party to do, any of the following:
If you violate or allegedly violated any of the stated conditions above, your license to the Services will be terminated, and you may have infringed FutureUp Lab’s rights, which may subject you to damages and prosecution.
Section 7. Acceptable use of Services
In using the Services, you may not upload, use, create, transmit, store, display, distribute, share or otherwise make available any content, descriptions, or information that:
FutureUp Lab reserves the right, but is not required, to investigate any violation of this Section 7 or misuse of the Services or the Site. Enforcement of this Section 7 is solely at FutureUp Lab’s discretion, and failure to enforce this in some instances does not constitute a waiver of FutureUp Lab’s right to enforce this Section 7 in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services or the Site will be free from conduct or content that violates this Section 7. FutureUp Lab may, in its sole discretion, remove or disable access to any content for any reason it finds fit, including if FutureUp Lab believes that such content violates these Terms or any other agreement we have with you for use of the Services or the Site.
Section 8. Ownership and reservation of rights
FutureUp Lab reserves all rights not expressly granted in these Terms. Except for the license expressly stated in these Terms, you are not granted any rights in or to the Services by implication, estoppel, or other legal theory. All rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by FutureUp Lab. FutureUp Lab reserves all right, title, and interest to and in all information, materials, and content (collectively “FutureUp Lab Material”). FutureUp Lab Material includes any information, videos, or images delivered by FutureUp Lab via a Third Party Service in the course of providing the Services. FutureUp Lab Material is confidential, and you may not disclose the Material that you have received in the course of the Services or otherwise. FutureUp Lab Material is protected in all presently existent forms, technology and media or in forms developed in the future.
Section 9. Intellectual property rights
The FutureUp Lab name, FutureUp Lab logo and any other FutureUp Lab Material, service name, or slogan included in the Services are property of FutureUp Lab and may not be copied, imitated, or used (in whole or in part) without FutureUp Lab’s prior written consent. The look and feel of the Services, including all custom graphics, icons, and scripts constitute service marks, trademarks, or trade dress of FutureUp Lab and may not be copied, imitated, or used (in whole or in part) without FutureUp Lab’s prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services (“Third Party Trademarks”) are the property of their respective owners, and the use of such Third Party Trademarks inures to the benefit of each owner. The use of such Third Party Trademarks is intended to denote interoperability and does not constitute an affiliation by FutureUp Lab and its licensors with such company or an endorsement or approval by such company of FutureUp Lab or its licensors or their respective products or services.
Section 10. Feedback rights
FutureUp Lab will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials that you provide regarding our Services, through and by any means of communication, or otherwise (“Feedback”). Any Feedback you submit is non-confidential and will become the sole property of FutureUp Lab. FutureUp Lab will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights).
Section 11. Hyperlinks usage
You are granted a limited, non-exclusive right to create a text hyperlink to the services, provided such link does not portray us or the Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any company marks or other proprietary graphic belonging to FutureUp Lab to link to the services without FutureUp Lab’s written permission. Further, you may not use, frame or utilize framing techniques to enclose any company trademark, logo or other proprietary information, including the FutureUp Lab Materials, the content of any text or the layout/design of any page or form on the services without FutureUp Lab’s written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of FutureUp Lab or any third party.
Section 12. Suspension and termination
FutureUp Lab may terminate or suspend your license to access or use the Services at any time, with or without cause, immediately upon notice to you. You may terminate these Terms by cancelling your account through the Services. FutureUp Lab reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination, including by creation of a different account. FutureUp Lab may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Services is suspended.
Section 13. Disclaimer
Using the services is at your own sole risk. The services are provided on an “as-is” and “as-available” basis. FutureUp Lab disclaims all expressed or implied, oral or written warranties and representations with respect to these terms, the services, the material, and third party trademarks, whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any warranties of merchantability, fitness for any purpose, non-infringement and condition of title.
To the fullest extent permitted by applicable law, FutureUp lab does not warrant, and disclaims all liability for (a) the completeness, accuracy, availability, timeliness, security or reliability of the service or any material; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the service or any material; (c) the deletion of, or the failure to store or to transmit, any communications maintained by the service; (d) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and (e) the content and nature of any information you receive via the services. You acknowledge that you are responsible for your use of any information received in the course of using the services from FutureUp Lab. No advice or information, whether oral or written, obtained from FutureUp Lab or through the service, will create any warranty not expressly made in these terms.
Section 14. Medical advice
The content and/or information provided via the services do not contain or constitute and should not be interpreted as therapy or as medical advice, medical opinions or medical services. There is no doctor-patient relationship or therapist-patient relationship between FutureUp Lab and you. FutureUp Lab does not provide medical services or render medical advice to you. The services are not a substitute for the advice of a medical professional or therapist, and the information made available on or through the services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. FutureUp lab does not diagnose or identify illnesses or conditions, and no statement from FutureUp Lab should be construed as a diagnosis or as confirmation that you do not have any particular medical or otherwise classified condition. If you require medical advice, medical services, or therapy, you should consult a medical professional directly.
Section 15. Indemnification
At your sole expense, you will defend, indemnify and hold FutureUp Lab harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of or resulting from (a) your use of the Services or the use of the Services by a third party accessing your account, including any infringement of rights of third parties, or (b) your breach of these Terms.
Section 16. Limitation of liability
In no event will FutureUp Lab be liable to you for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever, arising out of or related to these terms or the FutureUp Lab intellectual property, however caused, regardless of the theory of liability (contract, warranty, tort, including negligence, whether active, passive or imputed, or emotional distress, product liability, strict liability or other theory), even if FutureUp Lab has been advised of the possibility of such damages. Due to certain jurisdictions not allowing the limitation or exclusion of liability for incidental or consequential damages, accordingly, some of the limitations of this section may not apply to you.
Further, in no event will FutureUp Lab’s total liability arising out of or related to these terms exceed the greater of DKK750, or the amount you paid to FutureUp Lab during the subscription period within which the damages arose.
Section 17. Arbitration
You and FutureUp Lab will arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Services, except that you nor FutureUp Lab is required to arbitrate any dispute in which either party seeks equitable and/or other relief for the alleged unlawful use of patents, copyrights, trademarks, trade names, or logos. You acknowledge that arbitration prevents you and FutureUp Lab from suing in court or from having a jury trial. Arbitration will be conducted confidentially in Tirgu Mures, Romania, by a single arbitrator in accordance with the rules adopted by the Arbitration Commission of the Romanian Chamber of Commerce. Except as expressly provided in these terms, the arbitrator has the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines to apportion fees and expenses differently. To the fullest extent permitted by applicable law, whether the dispute is heard in arbitration or in court, no arbitration or claim under these terms will be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the services, and neither you nor FutureUp Lab will commence against the other a class action, class arbitration, or other representative action or proceeding.
Section 18. Governing Law
These Terms will be governed by and construed in accordance with the laws of Romania, without resort to its conflict of law provisions. The courts located in Tirgu Mures, Romania, will have exclusive jurisdiction over any suit in connection with the Services or these Terms that is not subject to arbitration, and you and FutureUp Lab hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These Terms and your access to or use of the Services will be governed by, construed in accordance with, and enforced under the laws of Romania without resort to its conflict of law provisions. If a party initiates any proceeding regarding these Terms, the prevailing party to such proceeding is entitled to reasonable attorneys’ fees and costs for claims arising out of these Terms.
Section 19. Miscellaneous
You may not assign, delegate or transfer these Terms or any right, title, interest or obligation hereunder without the prior written consent of FutureUp Lab. Any attempted or purported assignment, delegation or transfer in violation of the foregoing will be null and without effect. FutureUp Lab may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees and other successors in interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.
You agree to receive electronically all current and future notices, disclosures, communications and information and that the aforementioned electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.
FutureUp Lab will not be liable for any loss or damage arising from any event beyond its reasonable control, including, but not limited to, flood, extraordinary weather condition, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or hardware or software malfunction.
Headings of sections are for convenience only and will not be used to limit or construe such sections.
Section 20. Severability
If any provision of these Terms is invalid, illegal or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.