Terms and Conditions

Last updated: October 30, 2024

Once You access Our Service, you are legally bound by the below terms and conditions. So, please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

INTERPRETATION

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

DEFINITIONS

FOR THE PURPOSES OF THSE TERMS AND CONDITIONS:

  • Application means the software named GOTU provided by the Company, via an Application Store, downloaded by You on any electronic device

  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Country refers to: North Carolina, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Half Isle, Inc., 1515 Mockingbird Lane # 420, Charlotte, NC 28209.

  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • Promotions refer to contests, sweepstakes or other promotions offered through the Service.

  • Service refers to the Application or the Website or both.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to GOTU site, accessible from https://getontheup.com on a desktop and supported mobile device

  • You or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

Your access to and use of the Service is conditioned per the laws of your governing country, regardless of your physical geography.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 17. The Company does not permit those under 17 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Access Our Privacy Policy here.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You may not use your account to directly or indirectly gain access to, retrieve information from, or tamper with non-public areas or content of the Service or (integrated) systems.

You may not replicate or scrape any part of the Service without expressed written consent via a separate agreement with the Company.

Content

YOUR RIGHT TO POST CONTENT

Our Service allows You to post Content. You are both responsible and liable for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license without limitation to use, modify, publicly perform, publicly display, translate, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your public Content available to other users of the Service at any time; user testing participants; or, authorized interested parties, external to the Company, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us non-exclusive, royalty free, perpetual worldwide rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, you or a third party.

THE COMPANY CONTENT

Any other text, content, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Application are owned, controlled or licensed by the Company and are protected by copyright, trademark and other intellectual property law rights. All rights, title and interest in and Our Content belongs to the Company at all times.

We grant you a semi-exclusive, non-transferable and revocable license to access and view the Company’s Content, without granting you any right to sublicense, under the following conditions:

  1. you are authorized to access Our Content for lawful purposes only

  2. you are not authorized to use our name in meta tags, keywords and/or hidden text;

  3. you are not authorized to use, sell, modify, or distribute Our Content except as permitted by the functionality of the Application or website; and,

  4. you are not authorized to create derivative works from Our Content, commercially exploit Our Content or Member Content or share Our Content or Member Content external of the Service, in whole or in part, in any way.

We reserve all other rights.

YOUR CONTENT RESTRICTIONS

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

Use of the Service and any effort to post content for purposes other than socializing is prohibited. Socialization may not be for the purpose of commercial endeavors, solicit or interview users for published works, stalking, or lure users to external sites or sources.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.

  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

  • Impersonating any person or entity including the Company and its employees or representatives.

  • Violating the privacy of any third person.

  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse, remove or block access to any of Your Content. The Company further reserves the right to make formatting and edits that change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content or demonstrate threatening user behavior. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. The Company has no obligation to review Content before You or other users post. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. As such, you will indemnify, defend, release, and hold the Company harmless from claims made in connection with Your Content.

CONTENT BACKUPS

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. Content for the Service is stored on a third-party server and displayed via the Service.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

CONTENT AND DATA STORAGE

By using the Service, you agree and acknowledge that the Company has operating servers located in different countries around the world. You further acknowledge that the storage of Your personal data and provided content may not provide You with the same protections as you would have in your country of residence if you live in a country with data protection laws. Your submission of Your personal data and content; upgrading of systems where the Service is provided; or, by using the Service, you agree to the transfer, processing and storage of your personal data in these countries.

Copyright Policy

INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at info@getontheup.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA NOTICE and DMCA PROCEDURE for COPYRIGHT INFRINGEMENT CLAIMS

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

  • Your address, telephone number, and email address.

  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at info@getontheup.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, non use, or reliance on any such content, goods or services available on or through any such web sites or services. You further acknowledge that the Company is not responsible or liable for the availability, accuracy or completeness of such websites or resources along with the content, products, or services available from such websites or resources.

Any links to other websites made available on this site do not imply any endorsement. You acknowledge sole responsibility for and assume all his arising from your use of any such website or resources.

Framing, in-line or any other association methods with the Service are expressly prohibited.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Application Store

GOTU Application is available via third-party Application Stores where these Terms still apply, unless the terms of the Application Stores are more restrictive in order to comply with their ability to provide You access to GOTU Application. In this instance, those terms supersede these Terms only with respect to Your usage of GOTU Application. Terms provided by third-party Application stores are solely between You and the third-party Application Store where you downloaded the Application.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Application will cease immediately.

If You wish to stop using the Application, just delete the Application from our mobile device. We will save your information in the event you decide to return and use the Application again.To permanently terminate Your Account, send an email request to here. Requests take 24-48 business hours to process.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company, our current investors, and any of our suppliers or affiliates under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its partners and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, data availability, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Your use of the Service is at your own risk. You are fully and solely responsible for your interactions with other users. The Company is not liable or responsible for the content or resulting effects for the conduct of any user. Thus, the Company, Our investors, Our partners or Our owners are not liable for any incurred damages to you or any third party due to your use or access to Our Service or any of its available content. You hereby waive any and all claims arising out of your use of the Service.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied, the minimum required warranty, expressed or implied, will be provided to the greatest extent enforceable under applicable law.

Governing Law

You acknowledge that the Service and the Terms are governed and interpreted by the laws of North Carolina. In some cases, Your use of the Application may also be subject to other local, state, national, or international laws. Per Your use of the Service and access to all provided content, you consent to the exclusive jurisdiction of the courts of the United States of America in the state of North Carolina. You agree to waive any rights to object for convenience. You also agree that all proceedings and agreements will take place in the courts in the state of North Carolina, where all rights and personal interests will be determined.

Indemnity

As the responsible party for all posted Content from Your account, You agree to indemnify, release, hold harmless and defend the Company, Our investors, Our partners and Our owners, agents, representatives, employees, contractors, affiliates, licensors. These are, but not limited to, the following from third party claims, damages, actions, proceedings, costs, liabilities, demands, or proceedings that were, could have been incurred, or could be incurred by the Company per or in connection with identified intentional and unintentional acts:

  1. use of the Service, including the posting of Content

  2. violation of any applicable laws or third party rights

  3. misconduct, omissions, additions or negligent acts

  4. breach of these terms

This holds true for You and anyone who you give access to your credentials.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

We reserve the right to settle, pay or negotiate any claims or causes of action brought against the Company without Your prior knowledge or consent.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: