Terms of Service

Last Updated: June 21, 2025

1. Introduction

Welcome to UpSay. These Terms of Service ("Terms") govern your access to and use of our website, mobile application, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Services.

2. Definitions

"Service" refers to the website, application, and services provided by UpSay.
"User" refers to individuals who access or use our Services.
"Content" refers to text, images, videos, audio, and all other forms of data or communication.
"User Content" refers to Content that users submit, post, or transmit to the Service.

3. Account Registration and Requirements

To access certain features of our Service, you may need to register for an account. When registering, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account.

You agree to accept responsibility for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

4. AI-Powered Services

Our Service utilizes artificial intelligence technologies, including services provided by third parties such as OpenAI. By using our Services, you acknowledge and agree that:

Information you provide may be processed by AI systems to deliver our Services.
Content generated through our AI features is algorithmically created and may not always be accurate, complete, or appropriate.
We do not guarantee the accuracy, quality, or appropriateness of AI-generated content.
You should always review and exercise judgment before relying on AI-generated content.

You agree not to use our AI features to generate, upload, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable.

5. User Content and License

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content in any existing or future media. This license is for the purpose of operating, promoting, and improving our Services.

You represent and warrant that:

You own or have the necessary rights to your User Content and have the right to grant the license above.
Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.
Your User Content does not contain material that is false, intentionally misleading, or defamatory.

6. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

For any unlawful purpose
To solicit others to perform or participate in any unlawful acts
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
To infringe upon or violate our intellectual property rights or the intellectual property rights of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
To submit false or misleading information
To upload or transmit viruses or any other type of malicious code
To collect or track the personal information of others
To spam, phish, pharm, pretext, spider, crawl, or scrape
To interfere with or circumvent the security features of the Service
For any obscene or immoral purpose

7. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of UpSay and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of UpSay.

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service, or contact us to request account deletion.

9. Limitation of Liability

In no event shall UpSay, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the Service;
Any conduct or content of any third party on the Service;
Any content obtained from the Service; and
Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

10. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

UpSay its subsidiaries, affiliates, and its licensors do not warrant that:

The Service will function uninterrupted, secure, or available at any particular time or location;
Any errors or defects will be corrected;
The Service is free of viruses or other harmful components; or
The results of using the Service will meet your requirements.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of The Netherlands, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide 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, please stop using the Service.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Email: upsayteam@gmail.com