Terms and Conditions

Last updated: August 15, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

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.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Estonia

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to UP4 Analytics, Sepapaja tn 6, 15551 Tallinn, Harju Maakand, Estonia.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service all (consultancy) services provided by UP4 Analytics to Client consisting of collecting, processing and analysing Client Data on behalf of Client to generate the reports

  • Sources third-party services and products of which Client makes use and with which UP4 Analytics may collect Client Data in order to generate the Report, as requested by Client, and agreed upon in the Agreement;

  • Intellectual property rights All intellectual property rights and associated rights, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow;

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

  • 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.

  • Website refers to Gaforyou, accessible from Https://gaforyou.com

  • 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, as applicable.

  • Client the party who is entering into an Agreement with UP4 Analytics;

  • Client Data all information, data or material, including Personal Data, submitted by Client to UP4 Analytics and/or collected by UP4 Analytics (on behalf of Client) from Client’s Sources;

  • Agreement the order form, quote or any other agreement between Client and UP4 Analytics with regard to the provision and use of the Service;

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

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.

Termination

We may terminate or suspend Your access 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.

Cancellation Policy

Each subscription plan is subjective to the right to cancel at any moment in time, with a notice period of 30 days. The subscription will be ended on the last day of the following month the subscription was terminated. A subscription can be cancelled simply by sending an email to [email protected], mentioning your domain's url.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, 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 greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

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.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

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.

Severability and Waiver

Severability

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.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect 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.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Client Data and Report

On the request of Client, UP4 Analytics will collect Client Data through with Sources of which Client makes use of. Client guarantees that UP4 Analytics is allowed to make use of the data sources on behalf and for the benefit of Client and that the use of and access to the data source, including the login credentials thereto by UP4 Analytics does not infringe any terms or agreements between Client and the Source(s). Should the Source disconnect the connection and/or any access by UP4 Analytics to the Source and the Client Data, UP4 Analytics will not be able to provide the Service to Client and cannot be held liable or responsible for any damage as a result thereof. UP4 Analytics grants Client a limited, personal, irrevocable, nonexclusive, non sublicensable, non transferable right to use the Reports for its internal business operations. Client is responsible for the use of the Report by Client. UP4 Analytics accepts no responsibility whatsoever for any decisions or choices made by Client based on the Report. UP4 Analytics is not responsible for loss, damage, inaccuracy and/or incompleteness of any Client Data or the Report provided through the Service or making backup copies of any Client Data or Reports.

Price and Payment

Client shall pay the prices as stated in the Agreement. Unless otherwise expressly provided, all the prices stated are in euro and exclusive of VAT, other charges imposed by the authorities and administrative charges. Client is entitled to adjust the applicable prices and rates in writing subject to advance notice of at least one month. Amounts due shall be paid by Client in accordance with the payment terms that have been agreed or that are stated on the invoice. Client shall not be entitled to suspend any payments or to offset any amounts due.

Term and Termination

This Agreement shall enter into force upon acceptance by Client and shall remain in force for an indefinite period of time. Either Party may terminate the Agreement by written notice of termination , taking into account a notice period of no less than one (1) months. Upon termination of the Agreement, for whatever reason, any and all rights granted to Client under this Agreement will automatically terminate, and Client will immediately cease any and all use of the Service and the Intellectual Property Rights. In the event of termination, any performance already delivered and the payment obligations related to it will not be the subject of reversal. Amounts invoiced by Client before the termination in connection with anything that it has already performed or delivered in executing the Agreement will continue to be owed and will become immediately due and payable at the time of the termination.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Governing Law and Jurisdiction

This Agreement shall be exclusively governed by and construed in accordance with the laws of Estonia. All controversies, disputes or claims arising out of or relating to the Agreement or the breach thereof which shall not have been amicably settled by the parties shall be exclusively and finally settled by the competent civil nearest to the company’s business location in Estonia.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: