Terms of Service

These Terms of Service govern your use of UP 365,

our website located at https://up365finance.com,

and any related services provided by UP 365 Limited Company.

 

 

When you create an UP 365 account or use UP 365, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using the app, accessing our website, or using any other services provided by UP 365 Limited Company.

 

 

If you access or download UP 365 from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

 

 

We, UP 365 Limited Company, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.

 

 

These Terms of Service were last updated on 3 July 2021.

 

$1,000 Investing Contest

 

UP 365 Limited Company is the sponsor of the $1,000 investing contest. Apple, is in no way, involved with the $1,000 Investing Contest, nor is Apple a sponser of the $1,000 Investing Contest. Rules and specifications for the contest are listed in the UP 365 mobile application.

 

Users must be 18 years or older in order to register in the $1,000 Investing Contest. 

The $1,000 Investing Contest is free to enter and participate in. It is not a sweepstake or lottery where winners are drawn at random, and it is not considered to be gambling. Rather, it is a contest of skill, and those who enter the contest must have the necessary knowledge and skills in order to pick the companies (stocks) that will give them the greatest return over the year-long duration of the contest. Elements of chance, within the contest, are not 100% eliminated, as with any contest or game that requires skill in order to win. Contestants will not be given extra consideration based on purchases of any sort. The subscription fee that users pay in order to gain access to all of the tools of UP 365 is completely separate from the $1,000 Investing Contest. Users may choose not to pay the subscription fee and still enter into the contest and win the contest. Users may also choose not to enter into the contest. The contestant with the highest return portfolio value, when the contest ends, will win $1,000 USD which will be paid out via PayPal. If there are multiple winners of the contest, they will each split the $1,000 cash prize. In order to reduce the outcome of ties, the winner of the contest will be chosen based on two criteria: highest dollar amount of the portfolio at the end of the contest and percentage gained at the end of the contest. The user who has the highest portfolio value (in USD) at the end of the contest will win. If there is a tie in terms of portfolio value, then percentage gained, in conjunction with portfolio value, will be the deciding factor of who will be the winner of the contest. If there is still a tie after both of these factors are considered, then the winners will split the $1,000 prize.

 

Limitations of Use

 

By using UP 365 and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:

 

 

  • modify, copy, prepare derivative works of, decompile, or reverse engineer UP 365 or any materials and software contained within UP 365 or on our website;

  • remove any copyright or other proprietary notations from UP 365 or any materials and software contained within UP 365 or on our website;

  • transfer UP 365 or any of its associated materials to another person or “mirror” the materials on any other server;

  • knowingly or negligently use UP 365 or any of its associated services in a way that abuses or disrupts our networks or any other service UP 365 Limited Company provides;

  • use UP 365 or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

  • use UP 365 or its associated services in violation of any applicable laws or regulations;

  • use UP 365 to send unauthorized advertising or spam;

  • harvest, collect, or gather user data without the user’s consent; or

  • use UP 365 or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

 

Intellectual Property

 

The intellectual property in the materials in UP 365 and on our website are owned by or licensed to UP 365 Limited Company. You may download UP 365, to view, use, and display the application on your mobile device for your personal use only.

 

 

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service, and may be terminated by UP 365 Limited Company at any time.

 

Automatic Updates

 

You give us permission to download and install updates to UP 365 on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting UP 365 from your device.

 

Liability

 

UP 365 and the materials in UP 365 and on our website are provided on an 'as is' basis. To the extent permitted by law, UP 365 Limited Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

 

 

In no event shall UP 365 Limited Company or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use UP 365, our website, or any other services provided by UP 365 Limited Company or the materials in UP 365, even if UP 365 Limited Company or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

 

 

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

 

 

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

Accuracy of Materials

 

The materials appearing in UP 365 or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, UP 365 Limited Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in UP 365 or on our website, or otherwise relating to such materials or on any resources linked to UP 365 and our website.

Data provided by Financial Modeling Prep.

 

Links

 

UP 365 Limited Company has not reviewed all of the sites linked to UP 365 or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by UP 365 Limited Company of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

 

Notice regarding Apple

 

To the extent that you are using or accessing UP 365 on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and UP 365 Limited Company only, not with Apple Inc. (Apple), and Apple is not responsible for UP 365 and any materials available in UP 365.

 

 

Apple has no obligation to furnish you with any maintenance and support services with respect to UP 365.

 

 

If UP 365 fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to UP 365 and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility.

 

 

Apple is not responsible for addressing any claims by you or any third party relating to UP 365 or your use of UP 365, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

 

 

Apple is not responsible for the investigation, defence, settlement, and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.

 

 

You agree to comply with any applicable third-party terms when using UP 365, including any Usage Rules set forth in the Apple App Store Agreement of Service.

 

 

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.

 

 

You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Right to Terminate

 

We may suspend or terminate your

UP 365 account and

right to use UP 365 and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

 

Severance

 

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

 

Governing Law

 

These Terms of Service are governed by and construed in accordance with the laws of GA. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.