Terms & Conditions
Last updated: January, the 29th, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website or the UPNDO mobile application (the "Service") operated by UPENDO, Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Hello there, if you are here it means that you are ready to start an amazing journey with UPNDO that aims to boost your physical health and stimulate your need to make a difference in the world.
UPNDO (“application”) is a product of UPENDO, INC.
UPENDO, INC., IS a company incorporated in City of Wilmington, County of New Castle, State of Delaware, United States of America.
APPLICATION: it is the UPNDO app that you are free to download.
CORPORATE PARTNERS: Are the companies that contribute to the Human Energy Fund.
HUMAN ENERGY FUND: It is the pool of money available to donate to charity from our Corporate Partners. UPNDO users may allocate it to your favorite charities by earning points by moving.
SUPPORTERS: Companies that use UPNDO as an advertising platform (but can also contribute to the Human Energy Fund) while rewarding Users for their physical achievements.
USERS / UPNDERS: You, our raving fans! Individuals that use the app as well as the website to perform activities (track physical activities, Donate, Challenge friends)
NPO’s: Non-Profit Organizations that are recipients of the allocated funds and are verified by us as following ethical standards and support causes with worthy impact.
UPNDO Wallet: The current balance of Dollars that users have on UPNDO.UPNDO POINTS (“points”): The points you earn when doing physical activity tracked by the app such as walking, running or cycling as per the information provided by your Health app. Points can be used to allocate money to your favorite NPO’s. Note that UPNDO POINTS are not real money, neither are they a virtual currency. They are not exchangeable for real currency. They are the power to allocate funds from our Corporate Partners to an NGO on our approved list.
DONATIONS: we may refer to making donations or donating money in our service. This means allocation money provided by our CORPORATE PARTNERS or SUPPORTERS to NPO's of your choice. You are not making an actual donation with your money.
USER DATA: means data, including business, technical, health and Personal Data that is uploaded by Users into the APPLICATION. User Data includes information that results from the use of the APPLICATION or provisioning of the Subscription to Corporate Partners or Users.
Physical Activity Notice
The APPLICATION may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. UPENDO, INC is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the APPLICATION.
How does the APPLICATION work?
The APPLICATION allows you to earn UPNDO Points which allows you to donate to the NPO’s that are on our featured list.
Users hereby grant Upendo, Inc. a royalty-free, perpetual, sublicensable, worldwide license to display, perform, distribute, copy, store, make, sell , modify (for technical purposes), reproduce, otherwise exploit User Data. This includes but is not limited to publishing User Data on the APPLICATION's leaderboards and newsfeeds. Upendo, Inc. may also aggregate anonymized User Data and usage data to create aggregate performance metrics.
You can earn Points by just moving. 100 points gives users the power to allocate one US Dollar. By movement we consider any physical activity that can range from your daily movement around the house and office to going for a bike ride, a run or even going for a kitesurf session as long as your Health Kit is able to track that movement. We aim to capture and reward any physical movement that you do.
Our customer engagement team works with companies (Corporate Partners) that use the APPLICATION to motivate you, the users, to move more. This is the visible side of our Corporate Partners Social Responsibility footprint. Why do they do this? Because we are seeing more and more companies giving back to society and they are not getting the deserved recognition.
In accordance with these TERMS, you as a USER can earn points by:
Ensuring the you have your Apple Health or Google Fit turned on and connected to the APPLICATION, you will be asked on the registration process for access to read data from your Health Kit.
By doing so you will enable us to process that information and run it through our internal algorithm that converts Human Energy generated from movement into points.
Our promise to our users and Corporate Partners, every single dollar allocated to the Human Energy Fund will be donated to the chosen NPO. We operate on a “100% for Good” model. We will not take any percentage of the funds; our overhead and our operational costs have a different source. We aim to bring back transparency to donations. We do not camouflage our revenues.
We are a for-profit company with a twist, we have a clear mission of creating the biggest movement of active kind people in the world, and we are passionate about it.
Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by UPENDO, INC.
UPENDO Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that UPENDO Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Link to the application:
We grant you the revocable permission to link to the Application; however, we reserve the right to prohibit linking to the Application for any reason, in our sole and absolute discretion.
Application ownership and licenses
We like our APPLICATION and want to protect it. This means that we are in control of the APPLICATION, including past, present and future versions.
a) all graphics, layout, text, images, audio clips, sounds, pictures, videos, animation, designs, and all other materials related to the APPLICATION (except for NPO´s materials, Corporate Partners materials and Supporters materials, explained below).
b) our trademarks, logos, trade names, service marks, and trade identities.
c) all other forms of intellectual property related to the Application. Unless we expressly allow, you may not copy, reproduce, download or distribute the Company materials (or any part of them) in any way. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Application.
Likewise, we like and want to protect our partner NPO´s and their “NPOs materials” which include:
a) all graphics, layout, text, images, postcards, audio clips, sounds, pictures, videos, animation, designs and all other materials made available through the Application by a NPO (Charity).
b) each NPO’s trademarks, logos, trade names, service marks and trade identities; and all other forms of each Charity’s intellectual property. Each NPO owns and controls its own NPO’s materials. Unless an NPO expressly allows, you may not copy, reproduce, download or distribute any NPOs materials (or any part of them) in any way. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Application with respect to each NPO.
We are serious about protecting our Corporate Partners and Supporters and their “Corporate Partners or Supporters Materials” which include:
a) all graphics, layout, text, images, postcards, audio clips, sounds, pictures, videos, animation, designs and all other materials made available through the Application by a Corporate Partner or a Supporter.
b) each Corporate Partner or Supporters trademarks, logos, trade names, service marks and trade identities.
c) all other forms of each Corporate Partner or Supporters intellectual property. Each Corporate Partner or Supporters owns and controls its own Corporate Partner or Supporter materials. Unless a Corporate Partner or Supporter expressly allows, you may not copy, reproduce, download or distribute any Corporate Partner or Supporter materials (or any part of them) in any way. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the APPLICATION with respect to each Corporate Partner or Supporter.
We want to protect the Application, so you agree that you will not:
a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Company materials (except as may be a result of standard search engine or Internet browser usage).
b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Company materials in any way for any public or commercial purpose except as specifically permitted by these Terms.
You also agree that you will:
a) keep intact all proprietary notices contained in the Company materials
b) not use the Company materials in a manner that suggests an association with any of NPOs or Supporters products, services or brands (except as permitted by the Application)
c) make no modifications to the Company materials
d) not allow or help anyone else (whether or not for your benefit) to:
e) not attempt to create fake activities or use any other methods to earn points that are not earned by moving or exercising in the normal manner