We offer you the services of Yup Technologies Inc. (“Yup”) on the condition that you agree to the following terms:
The following legal terms and conditions govern your use of the problem solutions, steps, explanations, information, graphs, worksheets, materials and documents being made available to you on this website and app (the “Materials”) by Yup. BY USING THE MATERIALS, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN (THE “TERMS AND CONDITIONS”). Please review these terms carefully. If you do not agree to these Terms and Conditions, please do not use this website or the Materials. We reserve the right, at our discretion, to update or revise these Terms and Conditions at any time. Please check the Terms and Conditions periodically for changes. Your continued use of the Materials following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
You acknowledge and agree that the Materials are protected by copyright, trademark, patent, trade secret, and other proprietary rights and laws. No portion of the Materials or the data contained in the Materials may be reproduced in whole or in part unless expressly authorized by Yup in writing. The Yup name and logo, and all related product and service names, design marks and slogans are the trademarks or registered trademarks of Yup. All other product and service marks contained herein are the trademarks of their respective owners. You may not use any Yup or third party trademarks or logos without the prior written consent of Yup or the applicable trademark owner.
License to and Limitations on Use of Materials
Provided you comply with these Terms and Conditions, Yup grants you an exclusive, non-transferable license to view and print the Materials solely for your own personal non-commercial use. You may not share materials with another individual for that individual’s personal non-commercial use. You may not commercially exploit the Materials or the underlying data, including without limitation, you may not create derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Materials, or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Materials without the prior written consent of Yup. You shall not derive or attempt to derive the source code or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall use the Materials and this website for legal purposes only and shall not use them in any manner that violates the laws of any jurisdiction. You do not receive any, and Yup and its licensors retain all ownership rights in the Materials. You may not alter or remove any copyright notice or proprietary legend contained in or on the Materials. Nothing contained herein shall be construed as granting you a license under any copyright, trademark, patent or other intellectual property right of Yup or any third party, except for the right of use license expressly set forth herein.
Your License to Yup
Should you provide Yup with information including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non confidential and Yup assumes no obligation to protect such information from disclosure. The submission of such information to Yup shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Yup for any purpose whatsoever and by such submission you (i) grant to Yup the irrevocable right to reproduce, use, disclose and distribute the information to others without restriction or compensation required, and (ii) warrant and represent that you own or otherwise control all of the rights to the information and that public posting and use of the information by Yup will not infringe or violate the rights of any third party.
THIS WEBSITE AND THE MATERIALS ARE PROVIDED WITH ALL FAULTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. YUP, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE AND MATERIALS ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY YUP, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS WEBSITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. Your use of the website and Materials is at YOUR OWN RISK and Yup is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the website and Materials. Yup has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the website or Materials, including, but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the website or Materials on any particular device or communications service. Yup has no obligation to provide you with notice of any such changes.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL YUP, OR ANY OF YUP’S AFFILIATES, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR RESELLERS (COLLECTIVELY, THE “YUP GROUP”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE MATERIALS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE YUP GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE YUP GROUPS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE YUP GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SITES LINKED TO OR FROM THIS WEBSITE. Without limiting the foregoing, under no circumstances shall the Yup Group be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
You agree to indemnify, hold harmless and (upon Yup’s request) defend the Yup Group from all liabilities, claims, and expenses, including attorney’s fees that arise from your violation of these Terms and Conditions or your use or misuse of the Materials or this website. Yup reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Yup in asserting any available defenses.
Disclaimer of Endorsement
Reference herein or on the website to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Yup. Product and service information are the sole responsibility of each individual vendor.
Yup makes no representation that the Materials are appropriate or available for use in locations outside the United States, and accessing it from territories where the Materials are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of the Materials and this website shall be initiated and maintained only in the state and federal courts located in San Francisco, California, and you further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action. Any action by you against Yup or the Yup Group hereunder shall be brought within one (1) year after the claim arose, or be barred. Severability and Integration: These Terms and Conditions constitute the entire agreement between you and Yup with respect to the Materials and this website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Termination Yup reserves the right, in its sole discretion, to terminate your access to the Materials or to all or part of this website, with or without notice. For further information and/or questions regarding the Materials or this website, please contact us at email@example.com.
When Yup is used by a School or authorized school officials for an educational purpose, Yup may collect or have access to Student Data that is provided by the School or by the Student. “Student Data” is personal information that is directly related to an identifiable Student and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g).
Student Data Access
You agree you are authorized to grant Yup access or to collect Student Data for the purpose of providing the Service. When operating on behalf of a school in the U.S., Yup shall collect and process Student Data as a School Official with a legitimate educational interest pursuant to FERPA 34 CFR Part 99.31(a)(1). As between the parties, the School or the Student owns and controls the Student Data. Yup does not own or control, or license such Student Data, except as to provide the Service and as described in these Terms.
Personal Information and Student Data Consents and Authority.
If you receive access to Yup through your school (“School User”), you represent and warrant that you have provided appropriate disclosures to your School and to parents regarding your sharing such Personal Information with Yup. Both Parties agree to uphold their obligations under the Family Educational Rights and Privacy Act (“FERPA”), the Protection of Pupil Rights Amendment (“PPRA”), and the Children’s Online Privacy and Protection Act (“COPPA”) and applicable State laws relating to student data privacy. Yup relies on each School to obtain and provide appropriate consent and disclosures, if necessary, for Yup to collect any Student Data, including the collection of Student Data directly from students under 13, as permitted under COPPA. You agree to comply with these Terms and all laws and regulations governing the protection of personal information, including children’s information, and the sharing of student education records and to notify Yup of any additional requirements relating to your specific jurisdiction.
Use of Student Data
By submitting or providing us access to Student Data, you agree that Yup may use the Student Data solely for the purposes of (i) providing the Service, (ii) improving and developing our Service, (iii) enforcing our rights under these Terms, and (iv) as permitted with the School’s or the User’s consent. Yup shall not sell student data or use Student Data to engage in targeted advertising.
Student Data Retention and Deletion Requests
Schools may request that we delete Student Data in our possession at any time by providing such a request in writing, except that Yup shall not be required to delete content a Student shared to public areas of the Service. We shall respond to the deletion request as soon as possible, but in most instances within 45 days, other than for data stored on backup tapes which shall be deleted in the ordinary course of business. We are not required to delete data that has been derived from Student Data so long as it has been anonymized such that it does not reasonably identify an individual. Similarly, we are not required to delete information which a Student or parent has saved or transferred to a consumer plan.
Data Breach Notification
We have implemented administrative, physical and technical safeguards designed to secure Personal Information, including Student Data, from unauthorized access, disclosure and use. In the event we have a reasonable, good faith belief that an unauthorized party has gained access to or been disclosed Student Data (a “Security Event”), that we have collected or received through the Service, we will promptly notify the School. If, due to a Security Event which is caused by the acts or omissions of Yup or its agents, a notification to an individual, organization or government agency is required under applicable privacy laws, the School shall be responsible for the timing, content, and method of any such legally-required notice and compliance with such laws and Yup shall indemnify the School for costs related to legally-required notifications. With respect to any Security Event which is not caused by the acts or omissions of Yup or its agents, Yup shall reasonably cooperate with School’s investigation of the Security Event, as School requests, at School’s reasonable expense. Yup shall be responsible for the timing, content, cost and method of notice and compliance with such laws as they relate to User accounts that are not associated with a School account.
Yup reserves the right to determine final prevailing pricing. Please note the pricing information published on the website or app may not reflect the prevailing pricing.
Yup, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Yup may change the fees for our service or application, as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the service or application.
Schools may work with Yup to purchase bulk licenses for their students to use. Yup reserves the right to charge fees for access to new Yup Services. In no event will you be charged for access to any new Yup Services, unless Yup obtains your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, Yup may prohibit your access to that paid content or services. Details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. All such terms will be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
This section only applies to Yup plans purchased for individual subscriptions and not through schools.
For all eligible consumer plans, Yup offers a seven-day trial period whereby you may access Yup’s services, including use of the Materials and this website. This trial is only applicable for the first plan – eligible for the trial or not – that you purchase. You are entitled to a full refund if you email firstname.lastname@example.org and submit a fully completed Cancellation Request Form that is emailed to you before the end of the trial period. You will receive a confirmation email from Yup once Yup’s processing of your cancellation request is complete. After the seven-day trial period ends, you will not be entitled to a refund.
Subscriptions and Auto-Renewals
Depending on the type of consumer plan you elect, Yup requires upfront payment of a subscription fee for use of Yup’s services, including use of the Materials and this website, AND WILL AUTOMATICALLY CHARGE YOU THE APPLICABLE SUBSCRIPTION FEE, PLUS ANY APPLICABLE TAXES AND OTHER CHARGES (THE “SUBSCRIPTION FEE”) FOR THE CONTINUED USE OF YUP’S SERVICES. HOWEVER, YOU MAY CANCEL THE AUTOMATIC CHARGE OF THE INITIAL SUBSCRIPTION FEE BY FOLLOWING THE PROCESS TO REQUEST A REFUND AS DESCRIBED ABOVE. IF YOU ELECT TO CONTINUE WITH THE SUBSCRIPTION, YOU WILL AUTOMATICALLY BE CHARGED THE SUBSCRIPTION FEE AT THE BEGINNING OF YOUR SUBSCRIPTION PERIOD AND EACH SUBSCRIPTION PERIOD THEREAFTER ON THE ANNIVERSARY OF THE COMMENCEMENT OF YOUR SUBSCRIPTION UNTIL YOUR PLAN ENDS OR YOU CANCEL YOUR SUBSCRIPTION AS SET FORTH BELOW. BY AGREEING TO THESE TERMS AND CONDITIONS AND ELECTING TO PURCHASE A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS RECURRING PAYMENT FEATURES AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING PAYMENT OBLIGATIONS PRIOR TO CANCELLATION, AS SET FORTH BELOW, OF YOUR SUBSCRIPTION.
You may cancel your subscription by contacting email@example.com before the end of the then-current subscription period. You will receive a confirmation email from Yup once Yup’s processing of your cancellation request is complete, in which case such cancellation will be effective at the end of the then-current subscription period. Please note that you will not be entitled to a full or partial refund for the then-current subscription period, and you will be responsible for all Subscription Fees incurred for the then-current subscription period. If you cancel, your right to use Yup’s services will continue until the end of your then-current subscription period and will then terminate without further charges.
If you elect one of the bulk subscription plans offered by Yup, such as the Family Plan, (collectively, “Bulk Subscription Plan”), you may remove individual plans covered under the Bulk Subscription Plan by following the cancellation procedures as set forth above. However, if you cancel individual plans under the Bulk Subscription Plan such that there is only one user left under the Bulk Subscription Plan, you will be subject to the individual Subscription Fees under the applicable subscription plan upon the next subscription period.
Plans purchased after August 20th, 2020
Beginning August 21th, 2020, if you would like to purchase a new plan to engage Yup’s services, you must select either a one (1) month plan (“One Month Plan”), a three (3) month plan (“Three Month Plan”), or a twelve (12) month plan (“Twelve Month Plan”). The “Twelve Month Plan” is subject to a seven-day trial period as set forth under the Trial Policy section above. No plans are subject to automatic renewals at the specified end dates, and you must email Yup at firstname.lastname@example.org to renew your Plan. If you do not renew your Plan, then your access to the Yup services will end on the last day of your Plan.
If you have purchased a prior, active subscription that is not reflective of Yup’s current pricing model, you will be required to switch to Yup’s new pricing model upon the expiration of your original plan. You may change your previously purchased subscription (or add an individual plan under a Bulk Subscription Plan) by emailing Yup at email@example.com. If you change your subscription, you will be charged the applicable fees for the Plan and you may be entitled to any applicable refunds.
If you have any questions concerning Yup’s Terms and Conditions, please contact Yup Customer Support at firstname.lastname@example.org.
Thank you for reading our Terms. We hope you enjoy Yup!