Last updated 24/04/24
Welcome and thank you for your interest in Uncapped, a trading name of Edyllic Technologies Ltd (“Uncapped”, “we”, “us” or “our”). This Uncapped Terms of Use Agreement (“Terms of Use”, together with any applicable Supplemental Terms (as defined in Section 1.3 (Supplemental Terms)), the “Agreement”) describes the terms and conditions that apply to your use of (i) any mobile application(s) that we offer subject to these Terms of Use, (ii) the services, content, and other resources available on or enabled by Uncapped (collectively, the “Service”), and (iii) our bots operating on Telegram, Facebook Messenger, and WhatsApp.
*PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICE. BY ACCESSING OR USING THE SERVICE IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR DOWNLOADING THE APPLICATION, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH UNCAPPED, (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED KINGDOM, YOUR PLACE OF RESIDENCE, OR ANY OTHER APPLICABLE JURISDICTION; AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.
IF YOU MAKE A COMMITMENT THROUGH THE SERVICE, THEN YOU AUTHORISE UNCAPPED TO CHARGE YOUR PAYMENT METHOD UP TO THE AMOUNT YOU HAVE SELECTED FOR THAT COMMITMENT IF YOU FAIL TO VERIFY YOUR COMMITMENT. IF YOU SUBSEQUENTLY FAIL TO VERIFY THAT SAME COMMITMENT, UNCAPPED MAY CHARGE YOUR PAYMENT METHOD FOR EACH SUCCESSIVE COMMITMENT FAILURE UP TO THREE (3) TIMES IN A ROW. YOU MAY TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 13.2 (TERMINATION OF SERVICE) BELOW AT ANY TIME OR SUBMIT AN APPEAL FOR REVIEW FOR ANY CHARGES.
SECTION 15 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND UNCAPPED. AMONG OTHER THINGS, SECTION 15 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 15 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 15 (ARBITRATION AGREEMENT) CAREFULLY.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 15) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 15.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM, OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SERVICE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE UNITED KINGDOM, CONSISTENT WITH THE ARBITRATION ACT 1996, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
SECTION 1.5 (UNCAPPED COMMUNICATIONS) OF THIS AGREEMENT, BELOW, CONTAINS YOUR CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA EMAIL, TEXT MESSAGE, CALLS, AND PUSH NOTIFICATION, AND VIA MESSAGING APPS INCLUDING TELEGRAM, WHATSAPP, AND FACEBOOK MESSENGER.
THE AGREEMENT IS SUBJECT TO CHANGE BY UNCAPPED IN ITS SOLE DISCRETION AT ANY TIME AS SET FORTH IN SECTION 16.6 (AGREEMENT UPDATES).**
1.1 Description of the Service
Uncapped by Edyllic Technologies Ltd offers a multi-platform accountability tool that helps users stay committed to their goals. Through our service accessible via Telegram, WhatsApp, Facebook Messenger, and our mobile app, users can set personal goals and submit proof of accomplishment via timelapse videos, photos, automatic updates from third-party services like Strava, or other stated means. If users fail to verify the completion of their goals within a predetermined timeframe, a financial penalty is applied and donated to charity. This model is designed to encourage consistent personal growth and accountability.
1.2 Application License
Subject to your compliance with these Terms, Edyllic Technologies Ltd grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Uncapped application or bots on wireless electronic devices owned or controlled by you, and to run such copies of the application solely for your own personal use.
1.3 Supplemental Terms
Certain features of the Uncapped service may be subject to additional guidelines, terms, or rules, which will be posted on the service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. These may pertain to specific modules like third-party integrations (e.g., Strava), which could necessitate agreeing to supplemental conditions as dictated by those services.
1.4 Updates
The Uncapped application and service are subject to continuous enhancements and updates aimed at improving functionality and security. By using our service, you agree that Edyllic Technologies Ltd may prompt you to perform or automatically perform updates to the application without providing any additional notice. You acknowledge and agree that you may need to install such updates to continue using the application and the Uncapped service.
1.5 Uncapped Communications
By creating an account and providing us with your contact information, you agree to receive communications from us, including via email, text messages, calls, and push notifications. These communications may involve service updates, promotional offers, and information about new and existing features from Uncapped or our partners. You may opt out of receiving promotional messages by following the unsubscribe instructions provided in each communication.
2.1 Registering Your Account
Registration for Uncapped occurs when you initiate a conversation with our chatbot on Telegram, WhatsApp, Facebook Messenger, or through our mobile app and agree to the terms and conditions presented. By starting this interaction and accepting the terms, you establish an account with us. Currently, Uncapped does not require a traditional username and password within our bots. Instead, your account is linked to your identity on the platform you use to interact with our chatbot, which simplifies access and maintains security.
2.2 Access Through a Third-Party Account
By linking your Uncapped account to third-party platforms such as Facebook, Google, Telegram, WhatsApp, or Facebook Messenger, you authorize Uncapped to access certain information that is necessary to manage your commitments and goals. This information may include your account information, public profile, contact list, and activities related to the service, all used solely to enhance and personalize your experience as well as ensure security. You can manage these connections and the information we access at any time through your platform settings.
2.3 Registration Data
During your interaction with the Uncapped chatbot, you may be asked to provide certain personal details to customize and optimize the service. It is important that the information you provide is accurate and current. Edyllic Technologies Ltd reserves the right to suspend or terminate accounts with incomplete or inaccurate information.
2.4 Your Account
Your Uncapped account is personal and non-transferable. Any engagements or commitments made through your account are presumed to be done by you or authorized by you. Please inform Edyllic Technologies Ltd immediately if you suspect any unauthorized use of your account or any other breach of security.
2.5 Necessary Equipment and Software
To use Uncapped services effectively, you are responsible for ensuring that you have all the necessary technology, including a compatible device, internet access, and any other software or hardware. Keep in mind that you may incur standard messaging, data, or internet service fees through your provider while using our service.
3.1 Types of Content
You understand that all information, such as text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Uncapped, are entirely responsible for all Content that you upload, share, email, transmit, or otherwise make available via our Service. You agree to comply with all local rules regarding online conduct and acceptable Content and to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
3.2 Storage
Edyllic Technologies Ltd does not provide an explicit guarantee on the storage of any User Content. The Service is not designed as a backup solution, and you agree that you are responsible for maintaining such backups of your data. We reserve the right to create limits on use and storage at our sole discretion at any time without prior notice to users. Content deemed inactive or outdated by Edyllic Technologies Ltd may be removed at our discretion without prior notice. However, we are not responsible for the deletion or failure to store any Content and other communications maintained or transmitted by our services.
4.1 The Service
All rights, title, and interest in and to the Uncapped service (excluding Content provided by users) are and will remain the exclusive property of Edyllic Technologies Ltd and its licensors. The Uncapped service may contain information, software, text, graphics, videos, and other material protected by copyright, trademark, patent, and other intellectual property laws. These properties cannot be used, modified, copied, republished, or distributed without the express permission of Edyllic Technologies Ltd.
4.2 Trademarks
The trademarks, service marks, logos, and branding used and displayed on the service are registered and unregistered Trademarks of Edyllic Technologies Ltd and its licensors. You are granted no right or license with respect to any of these trademarks, and you may not use these trademarks without the prior written permission of Edyllic Technologies Ltd. All other trademarks, logos, service marks, and names used on the services are the properties of their respective owners.
4.3 Your Content
Edyllic Technologies Ltd does not claim ownership of the content you submit or make available through the Uncapped service. However, by submitting, posting, or displaying Content on or through the service, you grant Edyllic Technologies Ltd a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed).
4.4 License to Your Content
You retain any rights you hold in your content. By submitting, posting, or displaying content on or through the services, you grant Edyllic Technologies Ltd and its affiliated companies a global, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, publish, transmit, host, and display that content. This license is for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our services.
4.5 Username
In relation to your use of the Uncapped service, Edyllic Technologies Ltd may allow you to create a service profile which may include a username. You agree that your username will not include material that is misleading, unlawful, offensive, or otherwise objectionable. Edyllic Technologies Ltd reserves the right to require you to change your username for any reason and may do so at its discretion.
4.6 Feedback
Any feedback, comments, or suggestions you may provide regarding Uncapped, or the services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
5.1 Investigations and Monitoring:
Edyllic Technologies Ltd reserves the right, but is not obligated, to monitor or review the service and Content at any time. While we strive to ensure a safe and compliant user environment, we do not guarantee that we will monitor the service continuously. At our discretion, we may investigate any alleged or suspected violations of the Terms of Use or complaints and take any action we deem appropriate.
5.2 No Obligation to Pre-Screen Content:
Edyllic Technologies Ltd is not obligated to pre-screen, monitor, edit, or remove any Content provided by users that is posted on or available through the Uncapped service. However, we have the absolute right (but not the obligation) to remove, screen, or edit without notice any content posted or stored on the service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the service at your sole cost and expense.
5.3 Rights of Edyllic Technologies Ltd:
We reserve the right to access, read, preserve, and disclose any information as necessary to:
5.4 User Cooperation:
Users are expected to cooperate with any investigations and to provide accurate information when requested. Failure to cooperate with an investigation, or providing false or misleading information, may lead to disciplinary action, including but not limited to, suspension or termination of access to the service.
5.5 Limitation of Liability:
Edyllic Technologies Ltd is not responsible for the Content or the accuracy of any information, and shall not be responsible for any trading or investment decisions based on such information.
As a user of Uncapped, you agree not to misuse the services provided by Edyllic Technologies Ltd or help anyone else do so. You are solely responsible for your conduct and your data related to the Service. You agree to the following:
6.1 Comply with all policies: You must follow all the policies made available to you within the Services.
6.2 Proper Use of the Services: You may only use our services as permitted by law, including applicable export and re-export control laws and regulations. Edyllic Technologies Ltd may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
6.3 Respect Others: You agree not to use the Services to stalk, harass, or post direct threats of violence against others, or promote violence.
6.4 Intellectual Property: You agree not to infringe on the intellectual property rights of others when using the services provided by Uncapped. Any content uploaded to your account must be free of any intellectual property rights issues.
6.5 No Harming Others' Devices: You must not distribute viruses or any other technologies that may harm Uncapped, the Service, or the interests or property of Uncapped users.
6.6 No Overloading Services: You agree not to interfere with or disrupt the services we provide or the servers or networks connected to our services, including by overloading them, launching denial-of-service attacks, or introducing malware.
6.7 No Access to Source Code: You must not attempt to reverse engineer or extract the source code from any of our services unless you have our explicit written permission to do so.
6.8 No Misrepresentation: You agree not to impersonate another person or misrepresent your affiliation with a person or entity, commit fraud, hide or attempt to hide your identity, or mislead others as to the origins of any communications.
6.9 No Advertising or Commercial Solicitation: You agree not to distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes. Commercial advertising and solicitation without written consent from Edyllic Technologies Ltd are prohibited.
7.1 User-Generated Content
Edyllic Technologies Ltd ("Uncapped") provides a platform where users can engage with each other through our chatbot and other communication channels. Users may generate content, including messages, images, and multimedia, which may be shared with other users or publicly accessible within the platform.
7.2 User Responsibility
Users are solely responsible for the content they generate and share on the Uncapped platform. This includes ensuring that their content complies with applicable laws, regulations, and our community guidelines. Users should exercise caution and discretion when sharing personal information or engaging in interactions with other users.
7.3 Monitoring and Moderation
While Uncapped endeavors to maintain a safe and respectful environment, we may not actively monitor all user-generated content. However, we reserve the right to review, moderate, and remove content that violates our policies or poses a risk to other users or the integrity of our platform.
7.4 Reporting and Enforcement
Users can report inappropriate or abusive content or behavior through the provided reporting mechanisms. Uncapped may take appropriate action, including removing content, restricting user access, or terminating accounts, in response to reports or violations of our terms of service.
7.5 User Interaction Risks
Interactions with other users on Uncapped may involve inherent risks, including the potential for encountering offensive, misleading, or harmful content. Users should exercise caution and use their discretion when engaging with others on the platform, and report any concerning behaviour to Uncapped.
7.6 Dispute Resolution
In the event of disputes between users, Uncapped encourages respectful communication and attempts at resolving issues amicably. If disputes cannot be resolved independently, users may seek assistance from Uncapped support or escalate the matter through our formal dispute resolution process.
8.1 Integration with Third-Party Services
Edyllic Technologies Ltd ("Uncapped") may integrate with third-party websites, applications, and advertisements to enhance the user experience. Users may encounter links, advertisements, or features that redirect them to external websites or services not controlled by Uncapped.
8.2 Access to Third-Party Applications
Users may have the option to access Uncapped through third-party applications or platforms, such as Telegram, WhatsApp, or Facebook Messenger. By accessing Uncapped through these third-party platforms, users agree to abide by their respective terms of service and privacy policies.
8.3 Application Distribution Channels
Uncapped may be available for download/access through various distribution channels, including but not limited to Telegram, Whatsapp, Facebook Messenger, the Apple App Store, and the Google Play Store. Users acknowledge that their use of Uncapped through these channels is subject to the terms and conditions set forth by the respective platform providers.
8.4 Disclaimer
While Uncapped strives to ensure a seamless integration with third-party services and platforms, we cannot guarantee the availability, functionality, or security of third-party services. Users should review and understand the terms of service and privacy policies of third-party services before engaging with them through Uncapped.
8.5 Limitation of Liability
Uncapped shall not be liable for any damages, losses, or disputes arising from the use of third-party services or applications accessed through or integrated with Uncapped. Users engage with third-party services at their own risk and discretion.
9.1 Fees Charged by Third-Party Service Providers
Edyllic Technologies Ltd ("Uncapped") may partner with third-party service providers to offer additional features, content, or services within the Uncapped platform. Users may be required to pay fees or charges to access or utilize these third-party offerings.
9.2 Payment Terms
Users agree to pay any applicable fees or charges associated with the use of Uncapped or any additional services offered by third-party providers. Payment methods, billing cycles, and pricing details will be provided to users prior to accessing paid features or services.
9.3 Subscription Services
Some features or services within Uncapped may be offered on a subscription basis. Users who subscribe to these services agree to pay recurring subscription fees as outlined in the subscription terms. Subscription fees may be subject to change with prior notice to users.
9.4 Taxes and Other Charges
Users are responsible for any applicable taxes, duties, or other charges imposed by governmental authorities related to their use of Uncapped or purchase of additional services. Uncapped will clearly communicate any taxes or charges at the time of purchase.
9.5 Refunds and Cancellations
Refund and cancellation policies may vary depending on the type of service or offering. Users should review the specific terms and conditions associated with each purchase or subscription for information on refund eligibility and cancellation procedures.
9.6 Disputes
Any disputes regarding fees, charges, or billing issues should be directed to Uncapped's customer support team for resolution. Users agree to cooperate in good faith to resolve any billing disputes in a timely manner.
10.1 No Warranty
Edyllic Technologies Ltd ("Uncapped") provides the Uncapped platform and any associated services on an "as is" and "as available" basis, without warranties of any kind, either express or implied. Users acknowledge and agree that their use of Uncapped is at their sole risk.
10.2 No Guarantees
Uncapped does not warrant that the platform will be error-free, uninterrupted, or free from defects. While we strive to provide a high-quality user experience, we cannot guarantee the accuracy, completeness, or reliability of any information or content available on Uncapped.
10.3 User Responsibility
Users are solely responsible for evaluating the suitability, accuracy, and usefulness of any information, content, or services obtained through Uncapped. Uncapped does not endorse, warrant, or guarantee the quality, safety, or legality of any products, services, or content shared by other users or third-party providers.
10.4 Third-Party Content
Uncapped may include links to third-party websites, applications, or content for informational purposes. However, we do not endorse or assume any responsibility for the accuracy or reliability of third-party content. Users access third-party content at their own risk.
10.5 No Endorsement
The inclusion of any third-party content, links, or advertisements within Uncapped does not imply endorsement or recommendation by Uncapped. Users should exercise caution and discretion when interacting with third-party content or services.
10.6 Limitation of Liability
To the fullest extent permitted by law, Uncapped disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall Uncapped be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of Uncapped.
11.1 Exclusion of Damages
To the fullest extent permitted by applicable law, Edyllic Technologies Ltd ("Uncapped") shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with your use of Uncapped.
11.2 No Liability for Content
Uncapped shall not be liable for any content posted, transmitted, or otherwise made available by users or third parties on the platform. We do not endorse or control user-generated content and disclaim any responsibility for its accuracy, legality, or appropriateness.
11.3 No Responsibility for Third-Party Services
Uncapped may include links to third-party websites, applications, or services for convenience. However, we do not endorse, guarantee, or assume any responsibility for the accuracy, quality, or legality of third-party services. Users access third-party services at their own risk.
11.4 Maximum Liability
In no event shall Uncapped's total liability to you for all claims arising out of or in connection with the use of Uncapped exceed the amount you have paid to Uncapped, if any, during the twelve-month period prior to the event giving rise to the liability.
11.5 Basis of the Bargain
You acknowledge and agree that the limitations of liability set forth in this section are fundamental elements of the basis of the agreement between you and Uncapped. You expressly agree that our service would not be provided without such limitations.
11.6 Exceptions
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by law. In such cases, Uncapped's liability shall be limited to the fullest extent permitted by law.
If you believe that your copyrighted material has been used in a manner that constitutes copyright infringement, please notify us by providing a written notification that includes the following:
Please send your written notification to our designated Copyright Agent at the following address:
Jack Gibbons Priory Orchard, Harris Lane, Abbots Leigh, Bristol, BS8 3QX
Upon receipt of a valid notification, we will promptly investigate the matter and take appropriate action, which may include removing or disabling access to the allegedly infringing material.
13.1. Term. The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above) and continues in full force and effect while you use the Service, unless terminated earlier in accordance with this Agreement.
13.2 Termination of Service. If you have materially breached any provision of this Agreement, or if Uncapped t is required to do so by law (e.g., where the provision of the Service is, or becomes, unlawful), Uncapped has the right to, immediately and without notice, suspend or terminate any Service provided to you. Uncapped reserves the right to terminate this Agreement or your access to the Service at any time without cause upon notice to you. You agree that all terminations for cause are made in Uncappeds sole discretion and that Uncapped shall not be liable to you or any third party for any termination of your Account.
13.3 Termination by You. If you want to terminate this Agreement, you may do so by cancelling your Account for all of the Service that you use ANY SUCH TERMINATION WILL BE EFFECTIVE IMMEDIATELY.
13.4 Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service also includes deletion of your password if applicable and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate. You understand that any termination of Service may involve deletion of Your Content, if any, associated therewith from our live databases. Uncapped will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive, will survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
13.5 No Subsequent Registration. If this Agreement is terminated for cause by Uncapped or if your Account or ability to access the Service is discontinued by Uncapped due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Service through use of a different name or otherwise.
14. INTERNATIONAL USERS. The Service may be accessed from countries around the world and may contain references to Service and Content that are not available in your country. These references do not imply that Uncapped intends to announce such Service or Content in your country. The Service is controlled and offered by Uncapped from its facilities in the United Kingdom. Uncapped makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other countries do so at their own volition and are responsible for compliance with local law.
15.1 Applicability of Arbitration Agreement
You and Edyllic Technologies Ltd ("Uncapped") agree that any dispute, claim, or disagreement arising out of or relating to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service, or this Agreement shall be resolved by binding arbitration, except as specified below. This includes disputes that arose between you and us before the effective date of this Agreement.
15.2 Informal Dispute Resolution
In the event of a dispute, Uncapped is committed to working with you towards a reasonable resolution through informal efforts. Before initiating arbitration, both parties agree to engage in good faith informal discussions to resolve the dispute ("Informal Dispute Resolution"). This involves a telephonic or videoconference meeting where both parties discuss the dispute. The party initiating the dispute must provide written notice to the other party of its intent to initiate an Informal Dispute Resolution. The Notice should include the party's contact information, a description of the dispute, and any relevant details.
15.3 Waiver of Jury Trial
You and Uncapped hereby waive any rights to sue in court and have a trial in front of a judge or jury. Instead, all disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified below.
15.4 Waiver of Class and Other Non-Individualised Relief
Both parties agree that claims shall be brought on an individual basis and not on a class, representative, or collective basis. This means that disputes cannot be arbitrated or consolidated with those of any other user. The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim.
15.5 Rules and Forum
The arbitration will be administered by an arbitrator selected by the parties in accordance with the rules of the United Kingdom. If informal dispute resolution does not resolve the dispute within sixty (60) days, either party may commence arbitration. The arbitration will be conducted in the county where you reside. The arbitrator may direct a limited exchange of information between the parties, consistent with the expedited nature of arbitration.
15.6 Arbitrator
The arbitrator will be selected by mutual agreement of the parties or appointed by a court of competent jurisdiction. The arbitrator shall have exclusive authority to resolve any disputes.
15.7 Authority of Arbitrator
The arbitrator shall have the authority to grant motions dispositive of all or part of any dispute. The arbitrator’s decision shall be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction.
15.8 Attorneys’ Fees and Costs
Each party shall bear its own legal fees and costs in arbitration unless the arbitrator finds that a party’s claims or defences were frivolous. The prevailing party may recover its reasonable attorneys’ fees and costs.
15.9 Batch Arbitration
In the event of multiple similar disputes filed against Uncapped within a specified period, the disputes may be resolved through a batch arbitration process. All parties must cooperate in good faith with the arbitration process.
15.10 30-Day Right to Opt Out
You have the right to opt out of this Arbitration Agreement within thirty (30) days after first becoming subject to it. To opt out, you must provide written notice to jack@getuncapped.app, including your name, address, and a statement indicating your desire to opt out.
15.11 Invalidity, Expiration
If any part of this Arbitration Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Disputes must be initiated via arbitration within the applicable statute of limitations, or they will be time-barred.
15.12 Modification
Any material changes to this Arbitration Agreement will be communicated to you, and your continued use of the Service will constitute acceptance of the changes.
16.1 Electronic Communications. Communications between you and Uncapped may occur electronically, whether through the Service, email exchanges, or posted notices on the Service. By using the Service, you (i) consent to receive communications from Uncapped electronically; and (ii) agree that all terms, agreements, notices, disclosures, and other communications provided to you electronically by Uncapped satisfy any legal requirement as if in writing. This provision does not affect your statutory rights under UK law.
16.2 Assignment. This Agreement and your rights and obligations within may not be assigned, subcontracted, delegated, or transferred by you without prior written consent from Uncapped. Uncapped, however, may freely assign and transfer this Agreement without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this provision is void.
16.3 Force Majeure. Uncapped shall not be liable for delays or failures to perform due to events beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, government actions, fires, floods, accidents, strikes, shortages, or pandemics. In the event of a force majeure event, Uncapped will notify you promptly, and its obligations under this Agreement will be suspended.
16.4 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Service, please contact us at: jack@getuncapped.app. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
16.5 Consumer Complaints.
In accordance with UK consumer law, you may report complaints to the Citizens Advice consumer service for advice and guidance on resolving consumer issues. You can contact them by telephone at 0808 223 1133 (for England), 0808 223 1144 (for Welsh speaking), or via their online form available on their website. If your complaint needs further escalation, you can also reach out to the Competition and Markets Authority or your local Trading Standards office for additional support.
16.6 Agreement Updates. When changes are made, Uncapped will make a new copy of this Terms of Use and/or Supplemental Terms, as applicable, available on the Service, and we will also update the “Last Updated” date at the top of this Agreement. If we make any material changes, and you have registered an Account with us, we will also contact you with an updated copy of this Agreement to you at the last email address you provided or if don’t have your email we will use whatever contact information we have (pursuant to this Agreement). Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account. Uncapped may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.
16.7 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Uncapped agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the courts of England and Wales.
16.8 Governing Law and Jurisdiction. ANY LEGAL ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF ENGLAND AND WALES.
16.9 Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English. This Agreement, and any contract between you and us, are only in the English language.
16.10 Notice. Where Forfeit requires that you provide an email address or phone number, you are responsible for providing Uncapped with a valid and current email address or phone number. In the event that the email address or phone number you provided to Uncapped is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, Uncappeds dispatch of the email or phone number containing such notice will nonetheless constitute effective notice. You may give notice to Uncapped at the following email address: jack@uncapped.app. Such notice shall be deemed given when received by Uncapped by email or a letter delivered by nationally recognised overnight delivery service or first-class postage prepaid mail at the aforementioned address.
16.11 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
16.12 Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
16.13 Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
The following provisions apply only if you are located in the countries listed below.
17.1 United Kingdom. A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
17.2 Germany. Notwithstanding anything to the contrary in Section 11 (Limitation of Liability), Forfeit is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).
Data Processing by OpenAI Technologies:
Uncapped by Edyllic Technologies Ltd utilises advanced AI technologies provided by OpenAI to process all user messages, including text and image content, to generate responses and analyse image content. This integration of AI technology is critical for providing personalised interactions and enhances the functionality of our services.
18.1 Purpose of Processing: The use of OpenAI technologies allows Uncapped to interpret and respond to user queries intelligently and to analyse images submitted by users. This processing supports a variety of functionalities, including but not limited to image recognition, content analysis, and personalisation of responses based on the visual information provided.
18.2 Scope of Data Processing: All forms of communication submitted by users, including textual content and images, through our platforms (Telegram, WhatsApp, Facebook Messenger, and the Uncapped mobile app) are processed by OpenAI technologies. The analysis of such content aids in understanding user intentions, training our AI models (outlined under 18.7), recognising when a user has successfully completed a habit or task, improving content relevancy, and ensuring the service adapts to user needs.
18.3 Consent: By interacting with Uncapped and agreeing to these terms, users consent to the processing of their textual and image data by OpenAI technologies as described herein. Information regarding this processing activity is communicated to users at the start of their interaction with the service and is available in ongoing communications.
18.4 Data Security and Privacy: Edyllic Technologies Ltd is committed to the highest standards of data privacy and security. All user data, including images and text, processed by OpenAI is managed in strict accordance with our Privacy Policy, which details our efforts to protect user data from unauthorised access, alteration, and misuse.
18.5 User Rights: Users have the right to access their data, including images, processed by OpenAI technologies, request correction or deletion of their data, and object to certain processing activities. Details on how to exercise these rights are outlined in our Privacy Policy.
18.6 Data Retention: Data, including images, processed by OpenAI technologies is kept only as long as necessary to fulfil the purposes described above, comply with our legal obligations, resolve disputes, and enforce agreements. After this period, data is securely deleted or anonymised.
Data Processing for Model Training:
Uncapped by Edyllic Technologies Ltd may also use the data collected from user interactions, including textual content and images, for the purpose of training and improving our own AI models. This data may be anonymised and aggregated to enhance the accuracy and effectiveness of our services.
18.7 Purpose of Model Training: The data collected from user interactions is utilized to train and refine our proprietary AI models. By analysing user inputs and responses, we can improve the performance, accuracy, and relevance of our AI-driven interactions.
18.8 Scope of Data Usage: User data, including textual content and images, may be used for model training purposes. This includes but is not limited to utilising user-provided information to train natural language processing (NLP) models and image recognition algorithms.
18.9 Consent: By interacting with Uncapped and agreeing to these terms, users consent to the use of their data for model training purposes as described herein. This consent is in addition to the consent provided for the processing of data by OpenAI technologies.
18.10 Data Security and Privacy: The security and privacy of user data used for model training are of utmost importance to Edyllic Technologies Ltd. We take all necessary measures to safeguard this data and ensure compliance with applicable data protection laws and regulations.
18.11 User Rights: Users maintain the rights outlined in section 18.5 regarding data access, correction, deletion, and objection to processing activities related to model training.
18.12 Data Retention: Data used for model training purposes is retained for as long as necessary to achieve the stated objectives. Upon completion of the training process, data may be securely deleted or anonymised to protect user privacy.