Date of Last Revision: August 27, 2024
Acceptance of These Terms of Service
Edyllic Technologies which has the trading name ‘Uncapped’ (“Uncapped”, “we”, “us”, or “our”) provides our services (described below) and related content to you through our website(s) located at getuncapped.app and related technologies (collectively, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including the Privacy Policy. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
Please read these Terms of Service carefully as they contain, among other things, an agreement that you and Uncapped will arbitrate certain claims instead of going to court and that you will not bring class-action claims against Uncapped. You acknowledge that you will only create an account or otherwise use the Services if you agree to be legally bound by all terms and conditions herein.
At Uncapped, we respect the privacy of our users. For more information, please see our Privacy Policy, located at https://www.getuncapped.app/privacy-policy. By using the Service, you consent to our collection, use, and disclosure of personal data as outlined therein, in compliance with the UK GDPR and the Data Protection Act 2018.
Access and Use of the Service
Service Description: We provide message-based accountability and habit-building services Some services may include messaging with real people who can assist with motivating, nudging and supporting members with their tasks and goals (goal supporter). These people may be Uncapped founders and employees, but may also be real people that we engage as contractors to help you with meeting your accountability goals. While we do our best to ensure we are matching you with a qualified , we understand that the goal supporter that you have been paired with may not be the best fit for you. If you have concerns with your goal supporter or would like to request a new goal supporter, please contact us at jack@getuncapped.app. Other services may include the ability to message with AI-powered chat tools that can assist with members with their accountability and habit-building goals.
No Medical or Professional Advice: No information, content or materials within the Services (including that provided by your goal supporter or any other user) is intended to be a substitute for professional or medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have and never disregard professional or medical advice or delay in seeking it because of something you have read through the Service. If you think you are experiencing any medical condition you should seek immediate medical attention from a physician or other qualified health care provider.
Your Registration Obligations: You may be required to register with Uncapped or provide information about yourself (e.g., name, phone number, and/or email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy.
Age Requirement. You must be at least 18 years of age to use the Service. If you are under 18 years of age, you are not authorized to use the Service, with or without registering.
Modifications to Service: Uncapped reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Uncapped will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Fees and Payment
Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Uncapped that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Uncapped or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Uncapped the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Uncapped (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Uncapped know within sixty (60) days after the date that Uncapped charges you, or within such longer period of time as may be required under applicable law. We reserve the right to change our prices. If Uncapped does change prices, Uncapped will provide notice of the change through the Service user interface, a chat message, SMS, a pop-up notice, email, or through other reasonable means, at Uncapped’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Uncapped’s net income.
Payment Processing: Notwithstanding any amounts owed to Uncapped hereunder, Uncapped DOES NOT DIRECTLY PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service, we use Stripe (the, “Payment Processor”). These payment processing services may be subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the applicable Payment Processor for more information. Uncapped assumes no liability or responsibility for any payments you make through the Service.
Refunds and Cancellations: Except as otherwise outlined in our refund policy available at https://www.getuncapped.app/refund-policy, payments made by you hereunder are final and non-refundable, unless otherwise determined by Uncapped. You may cancel your subscription online by emailing jack@getuncapped.app.
Conditions of Access and Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Uncapped, including by sending a message, uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Uncapped. Uncapped reserves the right to investigate and take appropriate legal action against anyone who, in Uncapped’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
No Commercial Use: The Service is for your personal use only. Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Intellectual Property Rights
Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Uncapped, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks: The Uncapped name and logos are trademarks and service marks of Uncapped (collectively the “Uncapped Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Uncapped. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Uncapped Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Uncapped Trademarks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Uncapped be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Uncapped does not pre-screen content, but that Uncapped and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Uncapped and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Uncapped, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content: You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Uncapped and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to access and use your User Content solely in connection with the operation of the Service. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content. We will not share any communications sent by you through the Service to any third party without your prior consent, except we may provide access to service providers acting on behalf as necessary to operate our services or disclose information as needed for compliance, fraud prevention and safety purposes.
You hereby authorize Uncapped and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
You acknowledge and agree that Uncapped may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Uncapped, its users, or the public.
Third-Party Services and Websites
The Service may provide links, recommendations or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). For example, our Site and goal supporters may provide links to third party websites and resources to assist with your accountability and habit-building goals. Your access and use of the Third-Party Services may be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. Uncapped has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Uncapped, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Uncapped will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
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.
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.
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, recognising when a user has successfully completed a habit or task, improving content relevancy, and ensuring the service adapts to user needs.
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.
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.
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.
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.
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.
User Pairing: At Uncapped, we strive to enhance your experience by pairing you with other users who have similar goals and interests. While we make every effort to facilitate meaningful connections, we cannot guarantee that every match will meet your expectations or that every user will have similar commitments or behave compatibly.
Group Reassignment: At Uncapped, we continuously strive to optimize your experience and the dynamics within our user groups. To this end, we reserve the right to reassign users to different groups at any point without providing justification or prior notice. This flexibility allows us to maintain the effectiveness of our service and enhance group interactions. We appreciate your understanding and cooperation as these adjustments are made in the interest of creating the most supportive environment possible. User Behavior: You acknowledge that all interactions with other users are solely between you and such users. You agree that Uncapped does not oversee, monitor, or guarantee the behavior of its users, nor do we endorse any statements made by any user. You are responsible for your interactions with other users, and we recommend exercising caution and good judgment in all interactions with others, particularly if meeting offline or sharing personal information.
Privacy and Confidentiality: You agree not to share, publish, or disseminate any personal contact information or sensitive personal details about other users obtained through the Service without explicit consent from those users. This includes, but is not limited to, names, phone numbers, addresses, or email addresses. Direct contact with other users outside of the provided service platforms should be conducted with respect for privacy, consent, and data protection principles.
Prohibited Activities: It is strictly prohibited to use personal information obtained from other users through our Service for any form of harassment, exploitation, unsolicited marketing, or any activities that infringe upon the privacy or rights of others. Violations may result in immediate termination of your account and may lead to legal action.
Limitation of Liability: Uncapped is not liable for the actions, content, information, or data of other users or third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such users or third parties. Uncapped will not be liable for any loss or damage resulting from your interactions with other users of our Services.
No Agency: No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by your use of the Services or by these Terms of Service. Users are not spokespersons of Uncapped, and their views do not necessarily reflect those of our company.
By using our Services, you agree to hold Uncapped harmless in the event of disputes or issues arising from your interactions with other users. We encourage you to report any problems or concerns to our support team at jack@getuncapped.app so that we may attempt to assist you in resolving any issues.
Indemnification
You agree to defend, indemnify, and hold harmless Uncapped, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Uncapped Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Uncapped Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Uncapped Party. Uncapped will provide notice to you of any such claim, suit, or proceeding. Uncapped reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Uncapped’s defense of such matter. You may not settle or compromise any claim against the Uncapped Parties without Uncapped’s written consent.
Disclaimer of Warranties
AI Content Generation. Please note that certain content made available through the Service may have been generated using advanced Artificial Intelligence (AI) technologies. We will provide you with reasonable notice that you are interacting with AI, as opposed to a real individual. While we have made commercially reasonable efforts designed to ensure that the AI provides accurate and meaningful content, the AI operates independently based on your input and interaction with our Service, and in certain instances there may not have been direct human oversight during the content generation process. Therefore, we cannot guarantee the validity, accuracy, reliability, completeness, or usefulness of any of the content generated. The information provided should not be solely relied upon for decisions that may affect you. Additionally, the content generated by the AI does not reflect the opinions, views, or beliefs of Uncapped.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE Uncapped PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE UNCAPPED PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE UNCAPPED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE UNCAPPED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE UNCAPPED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Uncapped IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED POUNDS (£100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate
This section is referred to as the "Arbitration Agreement." You agree that any disputes or claims that have arisen or may arise between you and Uncapped, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than in court, in accordance with the terms of this Arbitration Agreement. However, you may assert individual claims in small claims court if your claims qualify.
Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of UK government, county, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Uncapped are each waiving the right to a trial by jury or to participate in a class action or representative proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury, under the Arbitration Act 1996.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND UNCAPPED AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and Uncapped agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Moreover, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
Pre-Arbitration Dispute Resolution
Uncapped is always interested in resolving disputes amicably and efficiently. Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing user support at jack@getuncapped.app. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Uncapped should be addressed to Uncapped, Priory Orchard, Harris Lane, Abbots Leigh, Bristol, BS8 3QX, Attn: Legal ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute, and (ii) set forth the specific relief sought. If Uncapped and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Uncapped may commence an arbitration proceeding.
Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the rules of a recognised UK-based arbitration body suited for consumer disputes, as modified by this Arbitration Agreement. The arbitration will take place in a reasonably convenient location within the UK considering both parties' ability to travel and other pertinent circumstances. If the claim is for £10,000 or less, Uncapped agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. If your claim exceeds £10,000, the right to a hearing will be determined by the arbitration rules.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the rules of the arbitration body, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is £75,000 or less, at your request, Uncapped will pay all Arbitration Fees. If the value of relief sought is more than £75,000, and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Uncapped will pay your portion of such fees.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (excluding the Prohibition of Class and Representative Actions and Non-Individualized Relief) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified.
Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Service to the contrary, Uncapped agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Uncapped written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Termination
You agree that Uncapped, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Uncapped believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Uncapped may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Uncapped may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Uncapped will not be liable to you or any third party for any termination of your access to the Service.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and Uncapped will have no liability or responsibility with respect thereto. Uncapped reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
General
These Terms of Service (together with the terms incorporated by reference herein) constitute the entire agreement between you and Uncapped governing your access and use of the Service, and supersede any prior agreements between you and Uncapped with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the United Kingdom without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Uncapped submit to the personal and exclusive jurisdiction of the United Kingdom. The failure of Uncapped to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Uncapped, but Uncapped may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service. Uncapped will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Uncapped’s reasonable control.
Questions? Please contact us at Jack@getuncapped.app to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.