Last Updated: January 23, 2025
1. Introduction
These Terms of Use ("Terms") govern your access to and use of the OneUp application ("Application") and all related services provided by OneUp ("Company," "we," "us," or "our"). By using or accessing the Application, you acknowledge that you have read, understood, and agree to comply with these Terms. If you do not agree with these Terms, you must immediately cease using the Application.
These Terms incorporate by reference our Privacy Policy, which details how we collect, process, and protect user data in accordance with applicable laws. In the event of any conflict between these Terms and our Privacy Policy regarding the collection or use of personal data, the Privacy Policy will control.
2. Important Disclaimer
OneUp is a platform that provides information for general educational purposes only. We do not provide investment, financial, legal, or tax advice. The information available on the Application, including but not limited to market data, reports, articles, user-generated content, and analytics, should not be considered as investment advice, a financial recommendation, or a solicitation to buy or sell securities.
OneUp provides informational analysis and market trend data for educational purposes only. It does not recommend, endorse, or suggest specific investments. Users should conduct their own research or consult a licensed professional before making any financial decisions.
3. Account Registration and Security
To access certain features of the Application, you may be required to register an account. By creating an account, you agree to:
Provide accurate, current, and complete information.
Maintain the confidentiality of your account credentials.
Accept full responsibility for all activities that occur under your account.
Notify us immediately of any unauthorized use of your account or any security breach.
We reserve the right to suspend or terminate accounts that provide false information or engage in unauthorized activities, including but not limited to fraudulent use of the Application.
4. Access and Availability
OneUp is available globally; however, we do not guarantee that all features will be available in every jurisdiction. You are responsible for ensuring that your use of the Application complies with local laws and regulations.
We may modify, suspend, or discontinue the Application or restrict access at our discretion without notice. We are not liable for any interruptions, technical failures, or service unavailability.
5. Permitted and Prohibited Uses
By using OneUp, you agree not to:
Violate any applicable laws or regulations.
Attempt to gain unauthorized access to any part of the Application.
Use automated means (e.g., bots, scrapers) to extract data.
Introduce malicious software, viruses, or engage in any activity that disrupts or harms the Application.
Impersonate another person or entity.
Engage in fraudulent, abusive, or deceptive activities.
Failure to comply may result in account suspension, termination, and potential legal action.
5.1 User-Generated Content
If you post, upload, publish, submit, or otherwise transmit any content (including text, images, or other materials) through the Application (“User Content”):
Ownership: You represent and warrant that you own or have the necessary rights and permissions to the User Content you submit, and that your User Content does not violate any rights of third parties.
License to OneUp: You grant OneUp a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform such User Content in connection with operating and providing the Application.
Prohibited Content: You agree not to submit or share any User Content that is unlawful, infringing, defamatory, obscene, or otherwise objectionable, and acknowledge that OneUp may remove or refuse to display any User Content for any reason, at its sole discretion.
6. Intellectual Property
All content, trademarks, logos, and intellectual property within the Application are owned by OneUp or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Application for personal, non-commercial purposes.
You may not copy, modify, distribute, or exploit any part of the Application without prior written permission from OneUp.
7. Third-Party Services and Content
The Application may contain links to third-party websites, services, or content. OneUp does not endorse, monitor, or assume responsibility for third-party material. If you choose to interact with third-party services, you do so at your own risk and subject to their respective terms and conditions.
We are not responsible for any losses, damages, or issues arising from third-party interactions.
8. Disclaimers and Limitations of Liability
Disclaimer: The Application is provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee that the Application will be error-free, uninterrupted, or secure.
Limitation of Liability: To the fullest extent permitted by law, OneUp and its affiliates shall not be liable for any:
Direct, indirect, incidental, special, or consequential damages.
Loss of profits, data, or business opportunities.
Decisions made based on information provided by the Application.
Your sole remedy for dissatisfaction with the Application is to stop using it.
9. Privacy and Data Collection
We collect and process personal data in accordance with our Privacy Policy. By using the Application, you acknowledge and agree to our data practices. While we implement security measures to protect user data, we cannot guarantee absolute security; you agree that any transmission of data is at your own risk.
In the event of a conflict between these Terms and our Privacy Policy regarding data collection or usage, the Privacy Policy will prevail. We comply with applicable data protection laws, and details on your rights and how we process your data can be found in our Privacy Policy.
If you believe your data has been compromised, please contact us immediately.
10. Updates and Modifications
We reserve the right to update these Terms at any time. If we make material changes, we will notify users via email, in-app alerts, or by posting a notice on our website, providing you with an opportunity to review the revised Terms before they become effective. Continued use of the Application after the effective date of any changes constitutes your acceptance of the updated Terms.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which OneUp operates, without regard to conflict-of-law principles.
Informal Resolution
In the event of a dispute, you agree to first contact us to attempt to resolve it informally.Binding Arbitration
Any unresolved disputes shall be settled through binding arbitration in the jurisdiction of OneUp’s headquarters. However, if applicable law in your jurisdiction confers mandatory consumer protection rights or restricts the enforceability of arbitration clauses, those local legal protections may override this arbitration provision.Class Action Waiver
You agree to bring disputes individually, not as part of a class action. This waiver may not apply if prohibited by law in your jurisdiction.Local Consumer Laws
Nothing in these Terms is intended to limit any mandatory consumer rights you may have under the laws of your country of residence. In the event of a conflict between these Terms and such local laws, your local laws will take precedence.
12. Termination of Services
OneUp reserves the right to terminate or suspend access to the Application at any time, without prior notice or liability, for any reason, including but not limited to:
Violation of these Terms;
Fraudulent, abusive, or illegal activities;
Security concerns or technical issues.
Upon termination, your right to use the Application ceases immediately. Certain provisions, including intellectual property rights, disclaimers, and limitations of liability, shall survive termination.
13. Indemnification
You agree to indemnify and hold harmless OneUp, its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in any way related to:
Your use of the Application;
Your violation of these Terms;
Your violation of any rights of a third party.
14. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Any invalid provision shall be modified to the extent necessary to make it enforceable while maintaining the original intent.
15. No Waiver
Failure by OneUp to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of OneUp.
16. Contact Information
For questions regarding these Terms, contact us at:
support@oneupinvest.com
