Terms of use


1. User profiles


1.1. Only private individuals who are at least 16 years of age can create user profiles. Profiles must be based on actual people. It is prohibited to create fictitious profiles.


1.2. Access to user profiles is only granted to users who accept the terms of use when first logging in.


1.3. In order to complete registration, users must enter their full name, a working e-mail address and other data needed to create a profile in the system.


1.4. User profiles can also be created by a user’s employer or another person interested in creating a profile for them. To do so, the person must enter the information needed to create the profile.


1.5. Users have the right to close their profiles by doing so within the system.

 

2. Plans and payment terms

2.1 Clients can subscribe to either free or monthly/quarterly billable automated services. 

2.2 All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number. 

2.3 Clients can start using Upsteem.com’s environment immediately after signing up. 

2.4 Clients with more than 5 users can start using Upsteem.com’s environment once payment is made.  

2.5 Subscriptions are automated meaning the client’s credit card is charged based on the client’s chosen subscription, i.e. monthly or quarterly. 

2.6 For monthly or quarterly payment plans, the client is billed in advance on a monthly or quarterly basis and is non-refundable. 

2.7 Monthly or quarterly subscriptions can be cancelled any time but there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. 

2.8 An upgrade from the free plan to any paying plan will immediately bill the client. 

2.9 For any upgrade or downgrade in plan level while on monthly or quarterly billing cycle, the credit card provided will automatically be charged the new rate on the next billing cycle. 

2.10 Clients can also sign up for an annual subscription which is not an automated service. 

2.11 Annual subscriptions will be invoiced in advance and can be paid via bank transfer. 

2.12 Annual subscriptions can be cancelled any time and Upsteem.com will refund 25% of the unused subscription period. 

2.13 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the client shall be responsible for payment of all such taxes, levies, or duties. 

 

3. Legal entities

3.1. Legal entities are obliged to present or enter in the system a list of their employees using Upsteem.com. This list must include, among other things, the full names and working e-mail addresses of the employees.

3.2. Upsteem.com is not responsible for consequences arising from incorrectly entered data.

3.3. In the event that a legal entity fails to pay an invoice for services provided, access to paid and/or other services shall be blocked for the legal entity and/or its users starting from the day following the due date of payment. Upsteem.com alone shall make decisions regarding the functions to be blocked and the extent of the block.

3.4. If an invoice has been outstanding for more than 3 months, Upsteem.com may block or close the legal entity’s profile.

3.5. Legal entities have the right to stop using the services of Upsteem.com and not to pay the advance payment, although the obligation for them to pay for services already used remains until the provision and use of services comes to an end.

 

4. Personal data and use thereof

4.1. Users grant their informed consent for Upsteem.com to process their personal data.

4.2. Personal data that becomes known to Upsteem.com when users are registered shall solely be used in the provision of system services.

4.3. Personal data is sourced from the user profiles created on Upsteem.com.

4.4. Personal data in user profiles includes the first and last name(s) of users, their addresses (street, house/building no., apartment no., town, county, postcode and country), their phone numbers, their dates of birth, their gender, their e-mail addresses, their acceptance of the terms of use of Upsteem.com and other data or comments recorded as free text in the system.

4.5. Personal data is processed by Upsteem.com OÜ, registry code 11925988, Tallinn, Estonia.

4.6. The protection of personal data is guaranteed by all of the safety measures arising from legislation.

4.7. Upsteem.com does not forward registered personal data to third parties.

4.8. Upsteem.com reserves the right to forward users’ personal data to third parties if required to do so by law.

4.9. Users have the right to check and amend or delete their personal data from the register.

 

5. Liability

5.1. Users are obliged to use the services of Upsteem.com in accordance with the law, common sense and these terms of use.

5.2. Users are solely responsible for the preservation of their data (including their passwords) and are personally liable if their profile has been amended or deleted or any other damage has been done to them due to their password being lost or passed on to third parties.

5.3. Users are responsible for all activity and comments posted as part of their profile.

5.4. Upsteem.com reserves the right to block, without advance notice, user profiles that forward messages deemed improper, vulgar or insulting, that incite hatred or violence, that reveal the business secrets of other users or that are otherwise harmful or inappropriate and do not correspond to the objectives of Upsteem.com. Access to system resources may also be blocked for such users.

5.5. Users and/or legal entities are fully liable for damage caused by them in violating the terms of use of Upsteem.com, the law or common sense.

5.6. Upsteem.com shall not be liable for:

 

6. Disputes

Disputes arising from the terms of use of Upsteem.com shall be resolved in accordance with the legislation of the Republic of Estonia. In the event that agreement is not reached, the disputes shall be settled in Harju County Court.

 

7. Terms of use

7.1. Users are obliged to familiarise themselves with these terms of use.

7.2. By checking the “I agree to the terms of use” box the first time they log in, users confirm that they have familiarised themselves with, understood and agreed to the terms of use.

7.3. Upsteem.com has the right to unilaterally amend the terms of use without warning users in advance.

 

8. Privacy

8.1. Upsteem.com collects anonymous statistics on the site without identifying specific individuals or their activities.

8.2. Upsteem.com does not collect data about specific individuals or their activities on the site.

 

These terms of use entered force on 25 March 2011.

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