Terms of Service

Last Updated: May 30, 2025

1. Acceptance of Terms

By downloading, accessing, or using the UpTalk mobile application ("Service"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to all of these Terms, do not use the Service. We may modify the Terms at any time, and such modifications will be effective immediately upon posting. For information on how we collect, use, and protect your personal data, please see our Privacy Policy.

2. Use of the Service

UpTalk grants you a non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically permitted herein.

You agree to be responsible for any and all activity that occurs under your account, if applicable.

3. User Conduct

You agree not to use the Service to:

Post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Harm minors in any way.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships, including content that infringes on any copyright, trademark, or other intellectual property right of any party.
Upload, post, or otherwise make available content that is gratuitous, repetitive, or designed to degrade the quality or functionality of the Service, including but not limited to "spam", "junk mail", chain letters, or pyramid schemes.
Interfere with or disrupt the Service or servers or networks connected to the Service.

Also, you agree that you will not do any of the following in connection with the Service or other users:

Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
Create an account or post any content if you are not over 13 years of age;
Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.
Circumvent, disable, or interfere with any security features or protections of the Service, including any digital rights management (DRM) or copy protection mechanisms.
Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying structure of the Service, except as expressly permitted by applicable law.
Tamper with, modify, or manipulate the Service or any data therein in an unauthorized manner.
Manipulate or attempt to manipulate user accounts, game metrics, rewards, or any other system functionality for fraudulent or unauthorized purposes.
Any activity that violates these Terms or applicable laws, or that harms the Service, its users, or third parties, is strictly prohibited.
Access, interact with, or use the Service through automated means, including bots, scripts, crawlers, or similar technologies, whether for data extraction, gameplay manipulation, metric inflation, or any other unauthorized purpose.
Artificially inflate usage statistics, play counts, rankings, rewards, or other metrics through automated or deceptive behavior.

Violation of any of the above rules may result in the suspension or permanent termination of your account, removal of content, and loss of access to the Service, without prior notice.

4. Intellectual Property

All content included on the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of UpTalk or its content suppliers and protected by international copyright laws. The compilation of all content on this Service is the exclusive property of UpTalk.

5. User-Generated Content

If you create or submit content (e.g., custom question topics), you retain ownership of your content. However, by submitting content to UpTalk, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and manage (including the right to remove or delete) the content in connection with the Service and UpTalk's (and its successors' and affiliates') business.

6. Purchases and Subscriptions

UpTalk may offer one-time purchases (e.g., question packs, achievement boosters) and/or subscription plans (e.g., premium access to all question categories, ad-free experience). All purchases and subscriptions are subject to the following terms:

6.1 Pricing and Payment

Prices are displayed within the App before you complete any purchase.
Payments are processed through your device’s app store (e.g., Apple App Store or Google Play). By confirming a purchase, you authorize the App Store (not UpTalk) to charge your chosen payment method.

6.2 One-Time Purchases

Once you purchase a question pack or other consumable item, it is tied to your account.
All one-time purchases are final and non-refundable, except where required by law.

6.3 Subscription Plans

Subscriptions are billed on a recurring basis (e.g., monthly, yearly) at the rate shown in the App at the time of purchase.
Your subscription renews at the end of each billing period, unless you turn off auto-renewal at least 24 hours before the current period ends.
You can manage or cancel your subscription through your device’s App Store account settings. Cancelling a subscription does not refund the current billing period, but you will retain access to premium features through the end of that period.
Free trials (if offered) will convert to a paid subscription at the end of the trial period unless you cancel beforehand. If you cancel during a free trial, you may lose access to all premium features immediately.

6.4 Refunds and Cancellations

All purchases and subscription fees are generally non-refundable.
For refunds, please follow your App Store’s refund policy. If your App Store denies a refund, UpTalk does not provide additional refunds, except where required by applicable law.
Deleting or uninstalling the App will not cancel your subscription; you must cancel through your App Store account.

6.5 Changes to Pricing

We may change subscription prices at any time. If we do, we will notify you at least 30 days before the new pricing takes effect.
If you do not agree to the new price, you must cancel your subscription before it renews.

7. Account Termination, Violations, and Paid Features

The consequences related to purchases and subscriptions depend on the reason for account termination or loss of access to the Service.

7.1 Termination Initiated by the User

If you voluntarily delete your account or stop using the Service:

Your access to paid features, subscriptions, and virtual items may be permanently lost;
No refunds will be issued for unused subscription periods or unused virtual items, except where required by applicable law;
You are responsible for canceling any active subscriptions through your App Store account (Apple App Store or Google Play Store).

7.2 Termination Due to Violation of the Terms

If your account is suspended or terminated due to a violation of these Terms of Service:

You may immediately lose access to all paid features, subscriptions, virtual items, and content associated with your account;
Any remaining subscription periods, purchased items, or virtual benefits may be forfeited without compensation or refund, except where required by applicable law;
UpTalk is under no obligation to provide refunds, credits, or replacements for any lost access resulting from such violations.

7.3 Third-Party Payment Providers

All payments and subscription management are handled by third-party app stores (such as Apple App Store and Google Play Store). Any refunds, cancellations, or billing disputes must be addressed directly through the respective app store, in accordance with their terms and policies.

8. Disclaimers

The Service is provided "as is" and "as available" without any warranties of any kind, express or implied. UpTalk does not warrant that the Service will be uninterrupted or error-free. UpTalk is not responsible for any loss, corruption, or deletion of your data resulting from your use of the Service, including technical failures, unauthorized access by third parties, or user error.

9. Limitation of Liability

In no event shall UpTalk, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services.

This limitation of liability does not apply to damages resulting from UpTalk's gross negligence, willful misconduct, or violation of applicable legal obligations, including those under consumer protection laws.

10. Account and Termination

To access certain features of the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to provide accurate, current, and complete information during account registration and to keep such information up to date.

10.1 Account Suspension and Termination

UpTalk reserves the right, at its sole discretion, to suspend or terminate your account, restrict access to the Service, or remove any user-generated content, at any time and without prior notice, if:

You violate these Terms of Service;
You engage in unlawful, abusive, fraudulent, or harmful behavior;
You attempt to circumvent security measures, use bots, or manipulate the Service;
Your actions negatively affect the Service, its users, or its integrity;
We are required to do so by law or regulatory authorities.

10.2 Consequences of Termination

Upon termination or suspension of your account:

Your right to access and use the Service will immediately cease;
Your account data, user-generated content, progress, statistics, rewards, or virtual items may be permanently deleted;
UpTalk is not obligated to restore your account, content, or data;
You may lose access to any purchased or earned virtual items or features, except where required by applicable law.

10.3 User Responsibility

You acknowledge that you use the Service at your own risk. You are responsible for backing up any content or data you consider important. UpTalk does not guarantee the availability, integrity, or preservation of any data stored within the Service.

Termination of your account does not limit UpTalk’s right to pursue any other remedies available under applicable law.

11. Governing Law

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Czech Republic.

12. Dispute Resolution

The parties shall attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms of Use, or the breach, termination, or invalidity thereof, primarily through amicable negotiation.

In the event that a dispute cannot be resolved amicably through negotiation, you agree that the dispute shall be referred to out-of-court dispute resolution. The aim of out-of-court dispute resolution is to reach an amicable settlement of the dispute and an agreement between the parties. This procedure is generally not charged and aims for a quick and efficient resolution.

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, which cannot be resolved through the out-of-court dispute resolution mechanisms mentioned above, resides in the courts of the Czech Republic. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Czech Republic in connection with any such dispute, including any claim involving the Service.

You further agree that you and the Service will not commence against the other a class action, class arbitration, or other representative action or proceeding.

13. Contact Us

If you have any questions about these Terms, please contact us.