Updated: December 2021

Thanks for choosing Skale Education Inc. d.b.a. Upduo (“Upduo”, “we”, "us", and “our"). You agree to these Terms of Use (“Terms”) by signing up or otherwise using our Services (including the Upduo app, upduo.com and its subdomains, and all products and services of Skale Education Inc.). Please read them carefully.

Upduo’s Services are intended for use by organizations. This means that if you are using our service in a workplace or on a device or account issued to you by your employer or another organization (your “Organization”), that Organization likely has its own policies regarding your use of Upduo and your use of the service should comply with those policies. Please contact your Organization if you have any questions regarding its policies.

Your Responsibilities

In addition to your Organization’s policies, we’ve also created the below rules to help ensure the responsible use of our services. In using Upduo, you must not:

Hide your identity, impersonate anyone else or misrepresent your affiliation with any person or entity.
Create or display content that is illegal, discriminatory, harmful, fraudulent, deceptive or defamatory, or that promotes or encourages violence, violation of laws, self-mutilation, eating disorders or drug abuse.
Violate laws or infringe Upduo’s or any third party’s rights.
Interfere with the normal functioning of Upduo or anyone else’s use of Upduo.
Upload viruses, malware or other malicious code or do anything that could damage, disable, overburden, or impair Upduo or related systems (such as a denial of service attack or interference with page rendering or other Upduo functionality).

Please also note that Upduo is not directed to children under 16, so if you are under 16 years of age, you are not permitted to access or use the service.

Our Responsibilities

We may remove or limit access to any of your data or content if we believe that it violates these Terms or applicable laws or regulations. Upduo will provide you or your Organization with reasonable notice of such action, unless prohibited by laws.

We welcome all feedback about Upduo, but note that we may use your comments or suggestions without any obligation or compensation to you.

Your Rights

Upduo grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use Upduo. This license is for the sole purpose of letting you use and enjoy Upduo’s benefits in a way that these Terms and our usage policies allow.

Upduo will not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means, a consumer's personal information by the business to another business or a third party for monetary or other valuable consideration.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Services or other products or services.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may not copy, modify, distribute, sell, or lease any part of Upduo, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so.

Our Rights

Our Services let you engage in recorded video chat sessions. When you do that, you grant us a license to use that content.

You grant Upduo a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing our products.

Modifying the Services and Termination

We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

Upduo may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.

Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Upduo, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

Disclaimers

We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE UPDUO ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

UPDUO TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH UPDUO WILL BE RESPONSIBLE FOR.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPDUO AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF UPDUO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

Changes to these Terms of Use

Skale Education Inc. d.b.a. Upduo may update these Terms at its discretion. When we make material changes to these Terms, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the app or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Upduo after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using Upduo under the new version of the Terms, you may terminate your account by contacting contact@upduo.com.

If you have any questions comments about this privacy policy or your personal information, please send an email to contact@upduo.com.