Terms of Use

UpTicker builds technologies and services that enable people to build high performance routines.

 

These Terms govern your use of UpTicker and the other products, features, apps, services, technologies and software that we offer, except where we expressly state that separate terms (and not these) apply.

 

1. The services we provide

Our mission is to give people the power to build positive habits and improve the quality of their lives. To help advance this mission, we provide the products and services described below to you:

 

Provide a personalised experience for you:

Your experience on UpTicker is unlike anyone else's: from your tasks to data reports. We use the data that we have – for example, about the time you log tasks – to personalise your experience.

Research ways to make our services better:

We engage in research to develop, test and improve our Products. This includes analysing the data we have about our users and understanding how people use our Products, for example by conducting surveys and testing and troubleshooting new features.

Provide consistent and seamless experiences across the UpTicker Products:

Our Products help you build high performance routines. We design our systems so that your experience is consistent and seamless across the different UpTicker products that you use. For example, we use data about your habits to identify areas for improvements, and we enable you to visualise your.

Enable global access to our services:

To operate our global service, we need to store and distribute content and data in our data centres and systems around the world, including outside your country of residence.

2. How our services are funded

Users pay a monthly subscription. 

Protecting people's privacy is central to how we've designed our ad system. This means that we never disclose who you are. 

 

We don't sell your personal data. 

 

We collect and use your personal data in order to provide the services described above for you.

3. Your commitments to UpTicker and our community

We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:

 

1. Who can use UpTicker

When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:

  • use the same name that you use in everyday life;

  • provide accurate information about yourself;

  • create only one account (your own) and use your timeline for personal purposes; and

  • not share your password, give access to your UpTicker account to others or transfer your account to anyone else (without our permission).

 

2. What you can not do on UpTicker

You may not use our Products to do or share anything:

  • That breaches these Terms, 

    • That is unlawful, misleading, discriminatory or fraudulent.

    • That infringes or breaches someone else's rights, including their intellectual property rights.

  • You may not upload viruses or malicious code, or do anything that could disable, overburden or impair the proper working or appearance of our Products.

  • You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data that you do not have permission to access.

 

3. The permissions you give us

We need certain permissions from you to provide our services:

  • Analyse data

  • When you delete content, it's no longer visible to other users; however, it may continue to exist elsewhere on our systems where:

    • Immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);

    • your content has been used by others in accordance with this licence and they have not deleted it (in which case, this licence will continue to apply until that content is deleted); or

    • Where immediate deletion would restrict our ability to:

      • investigate or identify illegal activity or breaches of our Terms and Policies (for example, to identify or investigate misuse of our Products or systems);

      • comply with a legal obligation, such as the preservation of evidence; or

      • comply with a request of a judicial or administrative authority, law enforcement or a government agency;

  • in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

4. Additional provisions

1. Updating our Terms

We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. We will only make changes if the provisions are no longer appropriate or if they are incomplete, and only if the changes are reasonable and take due account of your interests.

We will notify you (for example, by email or through our Products) at least 30 days before we make changes to these Terms and give you an opportunity to review them before they go into effect, unless the changes are required by law. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.

We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be part of the UpTicker community, you can delete your account at any time.

 

2. Account suspension or termination

We want UpTicker to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.

If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons.

Where we take such action, we'll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

You can learn more about what you can do if your account has been disabled and how to contact us if you think that we have disabled your account by mistake.

 

3. Limits on liability

Nothing in these Terms is intended to exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence, or to affect your statutory rights.

We will exercise professional diligence in providing our Products and services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control.

4. Disputes

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

If you are a consumer and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action or dispute that you have against us, which arises out of or relates to these Terms or the UpTicker Products ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court in the Republic of Ireland and that Irish law will govern these Terms and any claim, without regard to conflict of law provisions.

 

5. Other

  1. These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and UpTicker regarding your use of our Products. They supersede any prior agreements.

  2. Some of the Products that we offer are also governed by supplemental Terms. If you use any of these Products, you will be provided with an opportunity to agree to supplemental terms that will become part of our agreement with you. 

  3. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

  4. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

  5. You may designate a person (called a legacy contact) to manage your account if it is memorialised. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialised.

  6. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

  7. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name that you use in everyday life). We will inform you in advance if we have to do this and explain why.

  8. We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.