1. Introduction
Welcome to AppUp.Me, operated by Cubewalker OÜ (registry code: 16968235, address: Tornimäe 3/5/7 Tallinn 10145, Estonia). We specialize in providing a diverse range of online education and training courses, which include both live sessions and pre-recorded materials, designed to enhance your skills in various domains.
By accessing or using our website and our services, you agree to be bound by these Terms and Conditions (T&Cs). If you do not agree with any part of these terms, you must not use our website or avail of our services. These terms apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/or contributors of content.
Please read these T&Cs carefully before accessing or using our website. By engaging with our website, you agree to be bound by these T&Cs. If you register for a course, download any material, or purchase something from us, you will be expressly agreeing to the terms outlined herein and to any additional terms and conditions that are applicable to such services or features.
2. User Account and Registration
2.1 Registration Requirements: To register for an account on AppUp.Me and access the courses, you must be at least 18 years of age or have legal parental or guardian consent. By registering, you affirm that you meet the age requirement. During registration, you will be required to provide truthful, accurate, and complete information about yourself as prompted by our registration forms. It is your responsibility to update and maintain the accuracy of the information provided. We reserve the right to suspend or terminate any account that is suspected to contain inaccurate or false information.
2.2 Account Responsibilities: Upon creating your account, you will select or be assigned a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or devices. Additionally, you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
You may not use the account, username, or password of someone else at any time without the express permission and consent of the holder of that account, username, or password. AppUp.Me cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
2. Email Communication
AppUp.Me is not responsible for any failure to receive welcome emails, termination notices, invoices, receipts, or other communications. It is your responsibility to ensure that your email provider can receive emails from us. Please check your spam or “junk mail” folder to ensure important communications aren’t missed. If you’re using email services like Gmail or Outlook and encounter issues, we recommend taking steps to whitelist our emails or consider using a different email provider to improve deliverability.
3. Data Protection
Please see our Privacy Policy. The Privacy Policy is an integral part of these Terms And Conditions.
4. Services Offered
4.1 Description of Services: AppUp.Me offers a variety of online educational and training courses, encompassing both live sessions and pre-recorded materials. These courses cover a broad spectrum of subjects intended to enhance professional skills and personal development. Each course is designed to be self-contained, with its own set of learning objectives, materials, and assessments as applicable.
4.2 Availability and Accessibility: The availability of our services may vary and is subject to scheduled and unscheduled service interruptions. All or part of our services may be temporarily unavailable during maintenance, either by us or by third-party providers, or due to power outages or system failures. We strive to keep the website updated so that you are aware of any changes or necessary interruptions to our services.
AppUp.Me does not guarantee that the service will be available at all times or at any given time or that we will continue to offer the service for any particular length of time. AppUp.Me makes reasonable efforts to ensure that its services are accessible to as many users as possible. However, our services may be inaccessible to users without certain technological capabilities or residing in certain countries due to regulatory, technological, or other constraints.
5. Pricing and Payment Terms
5.1 Pricing and Currency: All prices for courses offered on AppUp.Me are listed on our website and are subject to change without prior notice. Unless otherwise stated, prices are expressed in Euros (EUR). We reserve the right to modify or discontinue a course (or any part or content thereof) without notice at any time.
5.2 Accepted Payment Methods: AppUp.Me accepts a variety of payment methods including credit cards (Visa, MasterCard, American Express), debit cards, and other electronic payment methods such as PayPal, mobile payment, and bank transfer. All payments are due upon registration for a course. You agree to pay all fees and charges incurred in connection with your purchases at the rates in effect when the charges were incurred.
5.3 Taxes and Additional Charges: Prices listed on the website include VAT unless explicitly stated. Additionally, any fees for late payments or returned checks and relevant bank fees will be borne by you.
6. Consumer Rights
6.1 Right to Cancel: In accordance with the EU Consumer Rights Directive, as a consumer residing in the EU, you have the right to cancel your purchase of a digital content service, such as our online courses, within 14 days from the date of purchase, without giving any reason. However, your right to cancel and obtain a refund will not apply once the digital content has been accessed or downloaded by you, as the performance has begun with your prior express consent and acknowledgment that you thereby lose your cancellation right.
6.2 Effects of Cancellation: If you cancel your contract within the 14-day cooling-off period and prior to accessing the course, we will refund all payments received from you, including costs associated with the delivery of digital content (not applicable for purely digital deliveries). We will process the refund without undue delay and in any event, not later than 14 days from the day on which we are informed about your decision to cancel the contract. Refunds will be made using the same means of payment as you used for the initial transaction unless expressly agreed otherwise with you; no fees will be charged as a result of such reimbursement.
6.3 Refund Exceptions: Please note that if you begin to download or stream digital content during the 14-day cancellation period and acknowledge that you lose your right to cancel by starting the performance, you will not be entitled to a refund unless the content is faulty. This policy is in accordance with EU consumer protection laws, which specify that the right to cancel does not apply to digital content after downloading or streaming has begun.
7. Intellectual Property
7.1 Ownership of Materials: All content provided on AppUp.Me, including but not limited to, courses, text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Cubewalker OÜ or its content suppliers and protected by Estonian and international copyright laws. The compilation of all content on this site is the exclusive property of Cubewalker OÜ and protected by Estonian and international copyright laws. All trademarks not owned by Cubewalker OÜ that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cubewalker OÜ.
7.2 Restrictions on Use of Content: The materials provided on AppUp.Me are for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from these courses without the express written consent of Cubewalker OÜ. Unauthorized use or reproduction of any of these materials may violate copyright and trademark laws, and could result in criminal or civil penalties.
8. User Conduct
8.1 Prohibited Activities and Acceptable Use Policy: You agree to use the AppUp.Me website and its services only for lawful purposes and in accordance with these Terms and Conditions. You are prohibited from using the site:
- To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- To submit false or misleading information.
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
- To collect or track the personal information of others.
- To spam, phish, pharm, pretext, spider, crawl, or scrape.
- For any obscene or immoral purpose.
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
8.2 Consequences of Violating Terms: Violation of any of the terms in this section may result in immediate termination of your account and access to AppUp.Me services. We reserve the right to investigate violations of these Terms and Conditions and may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that AppUp.Me has no obligation to monitor your access to or use of the website, but has the right to do so for the purpose of operating the website, to ensure your compliance with these Terms and Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
9. Limitation of Liability
9.1 Disclaimer of Certain Liabilities: The information, software, products, and services included in or available through AppUp.Me may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Cubewalker OÜ and/or its suppliers may make improvements and/or changes in the AppUp.Me website at any time.
Cubewalker OÜ does not guarantee that the services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. No advice or information, whether oral or written, obtained by you from AppUp.Me or through the services shall create any warranty not expressly stated in these terms and conditions.
9.2 Limitations on the Company’s Liability: To the maximum extent permitted by applicable law, in no event shall Cubewalker OÜ and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the AppUp.Me website, with the delay or inability to use the AppUp.Me website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the AppUp.Me website, or otherwise arising out of the use of the AppUp.Me website, whether based on contract, tort, negligence, strict liability or otherwise, even if Cubewalker OÜ or any of its suppliers has been advised of the possibility of damages.
If you are dissatisfied with any portion of the AppUp.Me website, or with any of these terms of service, your sole and exclusive remedy is to discontinue using the AppUp.Me website.
10. Indemnity
You agree to indemnify, defend, and hold harmless Cubewalker OÜ, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by you or any other liabilities related to your use of the AppUp.Me website. This includes negligent or wrongful conduct by you or any other person accessing the site using your Internet account.
This indemnification obligation will survive the termination of your account or your use of the AppUp.Me website and applies to all violations described in these Terms and Conditions or any misuse of the website’s content or services.
11. Dispute Resolution
11.1 Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Cubewalker OÜ will be brought exclusively in the courts located in Estonia, thereby consenting to the jurisdiction and venue in such courts.
11.2 Methods for Dispute Resolution: In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms and Conditions or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the Arbitration Court of the Estonian Chamber of Commerce and Industry under the Arbitration Rules of this Chamber.
Both parties agree that the arbitration shall be conducted in the English language and that the arbitrator’s decision shall be final and binding on both parties. Furthermore, both parties agree that the arbitrator has the authority to grant injunctive relief or other equitable remedies in any such arbitration.
12. Changes to the Terms and Conditions
12.1 Rights of the Company to Update or Modify Terms: Cubewalker OÜ reserves the right, at its sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
12.2 Notification Process for Changes: We will notify you of significant changes to these Terms and Conditions by sending a notice to the primary email address specified in your account or by placing a prominent notice on our site. Such changes will become effective immediately upon their posting on the website unless stated otherwise. If you do not agree to the amended terms, you must stop using the site and our services.
13. Miscellaneous
13.1 Severability: If any provision of these Terms and Conditions is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. This does not affect any non-waivable rights that you are entitled to as a consumer.
13.2 Waiver: The failure of Cubewalker OÜ to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by a duly authorized representative of Cubewalker OÜ.
13.3 Contact Information: For any queries or notices related to these Terms and Conditions, please contact us at info@appup.me.
All notices sent by email will be deemed received on the day they are sent. Notices sent by mail will be deemed received three days after the date of mailing.
14. Termination
14.1 Termination by the Company: Cubewalker OÜ reserves the right to terminate or suspend your account and bar access to the AppUp.Me services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms and Conditions. If you wish to terminate your account, you may simply discontinue using the service.
14.2 Termination by the User: You may terminate your use of AppUp.Me and close your account at any time by contacting customer service at support@appup.me. Please note that if you terminate your account, you may still be obligated to pay any outstanding amounts owed to us.
14.3 Effects of Termination: Upon termination, your right to use the service will cease immediately. If your account is terminated, you must not re-register without our prior permission. All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14.4 Data Retention: After termination, we may retain your personal data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. For more information on data retention, please refer to our Privacy Policy.