1. Introduction and acceptance of Conditions of Use
Welcome to UptimusPro! These Terms and Conditions govern your use of our application. By accessing or using UptimusPro, you agree to comply with these terms. If you do not agree, please do not use the app.
These conditions of use (“Conditions of Use”) relate to your use of the Uptimus ApS application UptimusPro which is managed by:
Uptimus Aps
Energivej 27
2750 Ballerup, Denmark
Company registration no.: 43 33 52 35
Email: info@uptimus.dk
By selecting “I accept” at the bottom of this screen, you agree that you will use the application and Uptimus’ services in accordance with the terms and conditions laid down in these Conditions of Use.
In the event of any changes to the Conditions of Use, you will be notified within a reasonable time frame before the Conditions of Use come into force via the digital communication channels selected by you, that is, you will receive push notifications to your smartphone, and/or text messages, emails as well as when you log onto the application. At the same time, you will be asked to read and accept the changed terms and conditions.
2. Definitions
“User” refers to anyone who accesses or uses the app.
“Service” refers to the functionalities provided by UptimusPro.
3. Use of application
To be able to use the application, you must first download the UptimusPro application and create your user name and password for the application. In order to create a user account, you must (i) be at least 18 years of age and (ii) be the owner/primary user of the vehicle on which the api-connection used for the application is established. By logging into the application, you will activate your use of the application. When you have logged into the application, it will automatically guide you through the details of the data connection to the vehicle. A service partner must first establish a data connection to your vehicle. The data connection is free of charge. Proof of ownership/primary user of vehicle may be requested on demand. Once the connection is established and approved, you will gain access to the services via the application.
Uptimus may make additions or changes to the functions that you have access to in the application.
Use of the application requires a smartphone.
You have a right to use the application and the services of Uptimus until you close your account or until Uptimus terminates the right of use pursuant to section 9 of the Conditions of Use.
4. User Accounts
In the course of the registration process, you will be asked to give your email address and select a password. You are responsible for the confidentiality and use of your password and you must log off the account after use. Your password is personal and must not be used by a third party. If you suspect that your password is being misused, you must immediately notify Uptimus thereof and, at the same time, change your password.
Uptimus may at any time demand that you change your password. Changes must be made immediately and may cause temporary disruption when using the application.
5. User Obligations
Without prejudice to other provisions of the Conditions of Use, you must use the application in accordance with national and international laws and regulations in force from time to time. Uptimus may not be held liable if you do not comply with current legislation and regulations.
6. Intellectual Property
All intellectual property rights to the application and data in the application, including but not limited to copyrights, trademarks, logos and domain names, are owned by Uptimus. There is nothing in the Conditions of Use that entitles you to use such intellectual property rights.
7. Limitation of Liability
the application is provided as is. Uptimus expressly disclaims any liability and any guarantee, regardless of whether the guarantee is explicit or implicit, including guarantees of suitability for a specific purpose, title, non-infringement, and that information collected via the application is accurate, complete or reliable. Uptimus may not be held liable for direct or indirect losses in connection with use or content of the application, data associated therewith, or any other Uptimus service or delivery. Thus, Uptimus may never be liable for losses, neither direct nor indirect, including operating losses, loss of profit, loss of usage, loss of data, other indirect losses or consequential losses.
8. Availability of the application
Uptimus cannot guarantee uninterrupted access to the application. If you experience problems when you use the application or that a download link does not work, please contact us at info@uptimus.dk
9. Expiry
The contract shall remain in force until terminated. You may cancel your user account with Uptimus without notice by clicking “Close account” in the application. Uptimus may cancel your user account with 30 days’ notice.
If you are no longer the primary user/owner of the vehicle in which the api-connection is established by Uptimus, you are required to close your user account or delete the vehicle from your user account with Uptimus by clicking “Close account” in the application or by deleting the vehicle from the application.
10. Termination
Uptimus may terminate the contract with immediate effect in case of material breach of contract on the part of the user.
If Uptimus has reason to believe that your password has been communicated to a third party or otherwise misused by unauthorized parties, Uptimus is entitled to close your user account with immediate effect.
11. Privacy
Personal data submitted when using the application and the services of Uptimus is registered for the purpose of providing the services offered by the application and the other Uptimus services. You will find more information on the processing of personal data in the privacy policy.
12. Modifications
We may update these Terms from time to time. We will notify users of any changes by posting the new Terms on this page. Continued use of the app after changes constitutes acceptance of the new Terms.
12. Applicable law and venue
The contract between the user of the application and Uptimus on the use of the application and the Uptimus services, including these Conditions of Use, is governed by Danish law.
Unless otherwise specified in mandatory consumer rules, any legal action may be brought before the District Court of Glostrup.
13. Contact Information
If you have any questions about these Terms, please contact:
Uptimus Aps
Energivej 27
2750 Ballerup, Denmark
Email: info@uptimus.dk
Latest update: Oct 20th 2024
