These General Conditions of Access and Use govern the access and the use of the services provided by Soniqeflow OÜ (hereinafter United Power UP) to its users (hereinafter User) via the computer application for mobile devices “United Power UP” (hereinafter Application) and constitute the conditions under which United Power UP provides the available services. These general conditions (hereinafter Conditions) and their amendments, together with any other legally relevant terms and information, related to the use of the services provided by United Power UP, shall be made available to the user at all times within the Application, without prejudice to the information being sent to the User or appearing on websites of United Power UP.
Having registered with the Platform, the User must carefully read and accept all of the terms and conditions contained in these Conditions, and the privacy policy (jointly hereinafter as Contract).
1. Parties
Soniqeflow OÜ (hereinafter United Power UP)
Company ID: 16509450
Registered Office: Sepapaja tn 6, 15551 Tallinn, Estonia
The User
A natural or legal person who downloads, signs-up with the Application and accepts these Conditions. Legal persons must receive prior written consent to use United Power UP. If approved they will be assigned a business account.
2. Service description
United Power UP provides the Users, via the Website or the Application installed on their mobile device, services packaged in a manner and the terms established in this Contract.
United Power Up offer their users as influencers marketing to crowd fund startups. By combining these industries United Power Up has built a strong and unique platform where the user as a micro influencer can generate income by being a part of coming startups.
3. Application Operation
3.1. Requirements for the User
To benefit from the services provided by United Power UP, the User must comply with the following requirements:
• Be a natural person who is a consumer or user of the services of United Power UP acting for reasons unrelated to their commercial activity, business, job or profession.
• Possess an intelligent mobile device (hereinafter Smartphone) with an active mobile phone number associated with a contract issued by a mobile service provider in one of the countries where the application is available in the Apple or Google Play stores.
• Not have another open account in United Power UP.
• Be over 18 years old.
• The User completed the onboarding process and is approved and onboarded as the User of the services of United Power UP (as defined below within the Contract).
3.2. Registration, data verification and Account activation
In order to use United Power UP services, the User must:
• Get a Referral code (link) and register on the website/platform or download the Application to their Smartphone (when available);
• Sign up with by completing the fields requested;
• Go through the onboarding process and be onboarded as the User of United Power UP.
• Accept the terms of this Contract;
• Choose a package.
The User must provide any information requested such by United Power UP to help United Power UP complete onboarding process of the User.
Having entered the registration data, the data provided is then authenticated and verified by United Power UP. The User is registered and allowed to use United Power UP services only if they pass said checks and unless they have provided all of the required and requested information during registration, and any information that may be required in compliance with the terms of applicable laws.
The user guarantees that the personal data provided to United Power UP is truthful, complete and accurate. To this effect, the user is responsible for the veracity of the information provided and will keep it up to date, in a way that reflects the user's current situation.
The user will be responsible for the false or inaccurate data provided and for the damages, direct or indirect, that this could cause United Power UP or other third-parties.
Moreover, you as a user confirm that you have informed third parties of whom you may have facilitated data of the conditions set out in this clause and that you have obtained consent from those third-parties, exempting United Power UP of its responsibility.
However, United Power UP could carry out the procedures necessary to confirm this circumstance, adopting due diligence measures in accordance with data protection regulation.
United Power UP will provide the User with notice of service confirmation immediately following the successful completion of the data registration and verification process, by sending an email, SMS or notification within the application.
United Power UP has a right to refuse to register the new User without indicating the reasons or to unilaterally end the business relationship, however, United Power UP assures that the refusal to register will always be based on significant reasons which United Power UP does not have to or does not have the right to reveal.
When registering in the Platform or Application, a personal profile (hereinafter User Profile) is created for the User. The User Profile is personal and only its owner, i.e. only the User, has the right to use it. Once the User has registered in the Application and a User Profile has been created, a User Account is automatically opened for the User and information provided during the registration (i.e. personal data, phone number, e-mail address) is linked with the User Profile and User Account.
The User may possess one User Profile with one linked phone number only.
3.3. User identification credentials
The telephone number linked to the Smartphone where the Application has been downloaded or on the platform through the web browser will constitute the identification credential for the Application/Platform User and shall serve as an identifier for the transactions that are conducted by the User via the Application or on the Platform. For this reason, the User may not change the telephone number connected to their User Account. Should they wish to use a different number, they must contact customer support.
3.4. Public Profile
Data relating to the User’s name and profile photo associated with their User Account form their User Profile, and may be seen by other Users that have installed the Application which the User expressly authorizes.
The Application has search engines that enable you to search and be found, as long as the person initiating the search has the mobile phone number of the other person saved in their contacts list.
4. Application and platform Functionality
4.1. Invite other users
The invitations to other users are done by unique referral codes that are created by the platform that links the new user to the one that sent the referral code and add them to their team.
4.2. Dashboard
User will have an overview of their account in the dashboard and access to rest of the menu.
4.3. Team
In the Menu there is a tab called Team. In Team the user will view in “My team” the amount of users that by using the Referral code and onboarding successfully are linked to users account.
4.4. Gifts
User can create a gift code for any of UP packages and send it to someone who want to join or upgrade their UP account.
4.5. Materials
Promotional materials, educational material that are interesting to the users will be viewed in the menu tab called “Materials”. United Power UP will also recommend third parties services through that channel.
4.6. News
User will be updated through the news channel. Announcements of new services will be through the “News” tab on the menu of the user’s account.
4.7. Commissions
User will be able to track the commissions paid through the “commissions” tab on the menu.
The User may access their team history via the Application or the platform.
4.8. Profile
Each user has a profile that contains the following information:
a. Username
b. Email
c. Phone
d. Invited by
e. Birth date
f. Favorite topics
g. Language
4.9. Limits
United Power UP reserves the right to block the use of the User’s United Power UP account for justified reasons related to its security or the suspicion of unauthorized or fraudulent use United Power UP. If necessary, the User will be informed of the United Power UP blocking by email and through the Application.
5. Pricing plans.
United Power UP offers the following plans:
| | Small | Medium | Large | X-Large |
| Package price | €49 | €99 | €499 | €999 |
| UP Tokens | €55 | €120 | €650 | €1400 |
6. Safety measures
6.1. Prevention of accidents and reporting
The User must be careful at all time and take all actions to safeguard the personalized security data of the Application and United Power UP, more specifically (for example):
• Keep safe the Smartphone where Application has been downloaded.
• Notify United Power UP via the methods listed below, as soon as practically possible in case of loss, theft or improper use by third parties of the Smartphone.
By notifying United Power UP, the User must provide all known information about illegal logins to the User Account, or other illegal actions related to the User Account, and undertake all reasonable measures indicated by United Power UP in order to help in investigating the illegal actions.
Ways to notify United Power UP:
• By sending an e-mail addressed to: [email protected]
7. Obligations and Liabilities
7.1. General Provisions on Obligations and Liabilities
7.1.1. User’s Obligations and Liabilities
The User assures that all their actions related to the execution of the Contract will comply with the applicable law.
The User is fully liable for correctness of data, orders, and documents submitted to United Power UP.
The User using United Power UP services is prohibited from:
• not complying with the terms of the Contract, legislation and other legal acts, including but not limited to, fraud, anti-money laundering and counters-terrorist financing acts;
• having more than one User Account; registering a User Account in a fictitious or someone else's name without a power of attorney; registering a User Account using the services of anonymous phone numbers or e-mail addresses provided by other individuals or websites;
• use the services of United Power UP for the activities prohibited by the law or contradict public order and moral principles;
• disclosing passwords and other personalized safety features of User Account or United Power UP card to third persons and allowing other persons to use services under the name of the User.
• To recruit, directly or indirectly, for itself or for any other person, firm, corporation, partnership, association or other entity, employ or attempt to employ or enter into any contractual arrangement with any of United Power UP user base or Personnel.
The Parties acknowledge and agree that, during the Term and for a period of five(5)years after termination of this Agreement, no user or member of United Power UP shall: (a) directly or indirectly induce or attempt to persuade any user base, Personnel, shareholder, director, investor, client, customer or other participant in United Power UP’s business to terminate such employment or other relationship; or (b) directly or indirectly induce or attempt to persuade any past, current or future customer, client, supplier, licensee or other business relation of United Power UP to cease doing business with that Party or to direct any or all of its business to other Party or any other person, firm, corporation, partnership, association or other entity, or in any way interfere with the relationship between any such customer, client, supplier, licensee or other business relation of the United Power UP.
The User shall reimburse all direct damages, fines, and other monetary sanctions applied to United Power UP due to non-observance or violation of the Contract due to fault of the User.
The User is responsible and undertakes to reimburse any losses incurred by United Power UP, other United Power UP Users, and third parties due to using United Power UP services and violating the present Contract or its supplements and amendments by the User.
United Power UP will directly terminate User´s account if there is a suspicion that the user is recruiting other users or Personnel of United Power UP to other platforms. United Power UP shall claim all direct damages and any other monetary means such as legal expenses to the breaching User due to a violation of the Contract.
United Power UP has the right to demand additional information and/or documents related to the User or transactions executed by them, and has the right to suspend a transaction of the User until the User provides additional information and/or documents related to the suspended transaction. If the User does not provide additional information and/or documents within a reasonable time period set by United Power UP, United Power UP has the right to suspend the provision of all or a part of the services to the User.
7.1.2. United Power UP Obligations and Liabilities
United Power UP is not liable for:
• Consequences arising due to disturbances of fulfilment of any United Power UP obligations caused by a third party which is beyond the control of United Power UP;
• consequences arising after United Power UP legally terminates the Contract, cancels the Users Profile or limits access to it, also after reasonable limitation or termination of provision of a part of the services of United Power UP;
• goods and services purchased using the User account, and also for the other party, which receives payments from the User account, not complying with terms of any agreement;
• for a failure to fulfil its own contractual obligations and damages, in case it was caused due to United Power UP fulfilling duties determined by the law;
• United Power Up introduces third-party products from time to time. The Terms and Conditions of those third-party products are handled in separate agreements that User must review and accept. United Power Up is not liable for any arising issues that may occur with those third-party product providers. The Terms and Conditions of the Third-Party products will not overrule the General Terms and Conditions of United Power UP.
8. Communications
For the purposes of this Contract, and any communication required between the User and United Power UP, these can be sent to [email protected] , without prejudice to the tools that may be directly enabled in the Application or Platform for this purpose.
The User accepts that the communications and notices from United Power UP and addressed to the User regarding this contract, may be sent using a durable medium via their email address or via the Application and are considered effective 24 hours following their publication.
Durable medium means any instrument which enables User to store information addressed personally to him in a way accessible for future references for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
9. Complains and Claims Procedures
The User may submit any claim or complaint regarding their account/profile in United Power UP by sending an e-mail ([email protected]) or in writing to the customer support service for United Power UP. (Sepapaja tn 6, 15551 Tallinn, Estonia).
The complaint shall contain a reference to circumstances and documents that served as a basis for the complaint. If the User bases their complaint on documents which United Power UP does not possess, the User shall also submit such documents or their copies.
United Power UP shall examine a written claim or complaint of the User not later than within 15 business days from the day the claim was received, and provide the User with a detailed, motivated response. In exceptional cases, when due to reasons beyond the United Power UP control, United Power UP is not able to provide a response within 15 business days, United Power UP shall provide the User with a non-final response, indicating the reason for the delay and the deadline for submitting a final response. The deadline for providing a final response shall not exceed 35 business days. A response shall be provided to the User via the e-mail linked to their User Account.
Disputes shall be settled by way of negotiations. In the event of the failure to settle disputes by way of negotiations, they shall be settled before courts of the Republic of Estonia in accordance with the procedure set out by laws of the Republic of Estonia.
10. Validity of the Contract and termination
The Contract shall be valid for unlimited term, unless otherwise established therein.
Either party may terminate the Contract without notice should the other party breach the respective obligations that govern it.
In any event, the Contract termination also implies the cancellation of the User account.
10.1. Termination at the User’s initiative
The User may exercise, their right to withdraw from the Contract within 14 calendar days from signing without giving any reason by sending an email to [email protected] from the User’s address provided during the Application registration process.
The User shall have the right to terminate the Contract by notifying United Power UP of the termination within the immediate effect. In such case the User will not have the right to any refund.
Termination of this Contract shall not exempt the User from the due discharge of all obligations to United Power UP arising before the day of its termination.
10.2. Termination at United Power UP initiative
United Power UP may terminate the Contract notifying the User about the termination privately (via the Application, e-mail) no later than 30 calendar days in advance of its termination, excluding the cases when laws of the Republic of Estonia and/ or the Contract establish otherwise.
In cases established by laws of the kingdom of Spain and/or the Contract United Power UP shall have the right to terminate the Republic of Estonia, without the above specified advance notification of the User.
Termination of this Contract shall not exempt the User from the due discharge of all obligations to United Power UP arising before the day of its termination. Payment transactions initiated under this Contract termination shall be completed in observance of provisions of this Contract applicable before its termination, unless otherwise agreed by United Power UP and the User.
10.3. Changes of the Contract
United Power UP has the right to unilaterally change the Contract and/or fees and commissions at any time. In case of the changes which worsen the User’s situation United Power UP must notify the User in via the Application, e-mail or SMS associated to the User Account or other durable medium. This notification will be made at least 30 calendar days in advance of the enforcement of such changes.
United Power UP shall also have the right to notify the User of the changes which do not worsen the User’s situation disregarding the time limits established above in this paragraph (modifications may be applied immediately, without the need for a waiting period or prior notice). The establishment or payment of the commission for new services shall not be treated as the worsening the User’s situation.
In both cases, the User may terminate their legal relationship with United Power, notifying their decision using the method provide by it for this purpose, although this will mean the User may no longer continue operations via the Application or Platform. The User will be considered to have accepted the modification if they have not requested their account to be deleted before the new terms come into effect. If said period has elapsed without the contract being terminated, it shall remain in force with the new conditions in place.
The updated Contract shall be made available to the User, and these may be requested at any time and sent to the User to the email address linked to the User Account.
11. Telematic signature.
The User gives their express consent to the use of telematic acceptance media such as, for example, the act of checking a checkbox or pressing an icon with the terms “accept”, “finish”, “OK”, “confirm”, or entering a username and password (hereinafter Telematic signature), as a means of providing their consent, including, but not limited to, entering into contracts with United Power UP, the acceptance of specific disclaimers and communications from said institutions, and the sending of orders and instructions via the Application or Platform through a web browser.
Telematic signature is deemed to be the equivalent of a manual User signature for all intents and purposes. Consequently, the sending of orders and instructions via the Application or through the Platform constitutes the User’s authorization and acceptance of the operation performed, and the impossibility of it being repudiated (either directly or via a third-party with access to their Smartphone and their data due to User negligence, or when the User has acted fraudulently and in bad faith).
The User expressly accepts that United Power UP may save the contracts and orders signed on its secure servers, by way of telematic delivery, and use them as proof of execution. In the event of a discrepancy between their copy and the filed contract or order, the latter shall prevail.
12. Intellectual Property
United Power UP grants, and the User accepts, a free license to use the Platform and Application owned by United Power UP, which is personal and non-transferable, limited, non-exclusive and available, following acceptance of these Conditions, through a telematic download process or through the platform using a Web browser, to directly access the home screen enabling access and use of the functionality provided via the Application or Platform. Said use includes the total or partial reproduction of the Application exclusively in the form of its use, downloading, execution and display on a Smartphone.
The use of the Application is restricted to the aforementioned use and its use for any other purpose is expressly prohibited and is considered to be an act of software piracy that infringes intellectual and industrial property law, such that United Power UP may seek liability for non-compliance with this condition, in accordance with applicable laws. Likewise, the user or third-parties are expressly prohibited from manipulating, either in full or in part, the Application or Platform.
Likewise, the Application as a whole, that is, its constituent elements (texts, images, brands, logos, audio files, software files, colour combinations, etc.), as well as the structure, selection and order in which its content is presented, are protected by Intellectual and Industrial property law, and cannot be subject to exploitation, reproduction, distribution, modification, public communication, cessation or transformation or any other form of dissemination unless expressly authorized.
Access to the Application does not grant the User any form of right to, or ownership of, the intellectual or industrial property rights for the content within the Application. United Power UP reserves the right to take the relevant legal action against any Users that violate or infringe its intellectual and/or industrial property rights.
The User is responsible for checking that the Application is compatible with their Smartphone, and is therefore liable for any damage that may arise from the use of the Application, including its installation on the Smartphone.
United Power UP reserves the right to modify and/or improve the Application, at any time and without prior notice, which will then become the exclusive property of United Power UP. In particular, United Power UP reserves the right to delete, limit or prevent access to the Application in the event of technical difficulties arising due to events or circumstances beyond the control of United Power UP which, in its opinion, reduce or cancel the standard security levels adopted for the correct operation of said Application.
13. Applicable law
The law of the Republic of Estonia is applicable to the Contract and relations of the Parties that are not regulated by the Contract.
14. Language of the Contract and Communication
These terms and conditions are prepared in English language and all communication between the User and United Power UP is performed in English language.
By entering into the Contract, the User confirm that understand English language and agree to communicate with United Power UP in English language as far as the legal relations arising under the Contract are concerned including the submitting and resolving any complaints.
It can be agreed on an individual basis for the Contract and service documents to be provided in another language.
15. COMMERCIAL INFORMATION
The user agrees to receive commercial information from the company United Power UP, including electronic ones, regarding our offers of products and services.
