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Terms of Use

Terms of Use for Uptodown.com

The use of any page on the website Uptodown.com, including any of its subdomains and/or sections (hereafter ‘UPTODOWN’), as well as the use of any service offered on UPTODOWN or the download of computer programs from UPTODOWN, implies the full acceptance of these terms of use.

UPTODOWN is managed by Uptodown Technologies S.L., a company domiciled at 18 Puerta del Mar Street, 9th A Floor, 29005 Málaga, Spain, and registered at the Málaga Trade Registry in volume 3350, book 2262, sheet 67, page MA-64486; with VAT number B92461524. This address should be used for any claims-related correspondence.

Should particular conditions of use exist from Uptodown Technologies S.L. (not from third parties) for certain content, services, or products offered on UPTODOWN, those conditions shall prevail over these terms of use to the extent that incompatibilities arise. The present terms of use are divided into two sections:

  • I General website terms of use applicable to all of UPTODOWN and to all products and/or services offered or sold thereon.
  • II Intellectual and industrial property rights of UPTODOWN content and of the contributions made by developers or users to UPTODOWN.

The user shall be entirely liable for any losses or damages suffered by Uptodown Technologies, S.L. as a consequence of any use of UPTODOWN that does not comply with the provisions established in any part of these terms of use or in any other section of the UPTODOWN website. The user further agrees to indemnify and hold harmless the company Uptodown Technologies, S.L., as well as its administrators, personnel, agents, and representatives, from any claims in which they may be implicated as a consequence of such user noncompliance.

I GENERAL WEBSITE TERMS OF USE APPLICABLE TO ALL OF UPTODOWN AND TO ALL PRODUCTS AND/OR SERVICES OFFERED OR SOLD THEREON.

1.1 Objective of the General Terms of Use

Uptodown Technologies S.L. offers the user via UPTODOWN, or may offer in the future, the services, products, and complementary facilities as detailed below:

  • a. Access to a respository of software content classified by category. This includes the download of software from UPTODOWN’s servers with the highest assurance of availability and/or speed that this may involve. In no case does this imply the sale of a license nor possession of intellectual property rights for the program, the use of which will be subject to the license, conditions, and restrictions imposed by the developer or intellectual property rights holder.
  • b. Search service for software content on the UPTODOWN library and directory.
  • c. Direct email update service for new programs and updates.
  • d. Periodic newsletter service for registered users covering new developments and information related to the sector or to UPTODOWN.
  • e. Uptodown Technologies S.L. may, at some point, provide additional services or facilities, either free or paid.

1.2 Liability for the processing and use of content

UPTODOWN does not guarantee the quality, accuracy, reliability, correctness, or morality of the data, programs, information, or opinions included on the site and in particular those expressed or entered in user forums or opinions. However, users may report presumed abuses or inappropriate uses of the site to allow UPTODOWN to review the corresponding content. In relation to the content and programs available for free download, UPTODOWN limits itself to offering an intermediary service, as established in Article 17 of Law 34/2002 of 11 July on Information Society Services and E-Commerce (‘LSSI’), by providing links and search content, while not assuming liability for said content beyond the cases expressly provided for in the aforementioned law; that is, UPTODOWN shall only accept liability when it (i) has actual knowledge that the activity or information being reported or referred is illegal or harms the assets or rights of a third party covered by compensation, and (ii) has not acted with diligence to remove or disable the corresponding link. The service provider shall be understood to have actual knowledge when a competent authority has declared the data illegal or ordered its withdrawal, or access to said data has become impossible, or the existence of the damage has been declared, and the service provider is aware of the corresponding resolution.

An identical system to the one established in the previous paragraph applies to other links to third-party sites that may be available on UPTODOWN. The inclusion of such links does not imply any relationship, recommendation, or supervision by UPTODOWN of the destination page, and UPTODOWN therefore accepts no liability for its content, except in such cases as expressly established in the LSSI.

The apps published on UPTODOWN are products created by their respective developers. This website is not directly affiliated with them. All of the brands, trademarks, product and company names or logos mentioned here are property of their respective owners. Our download site and app distribute original, unaltered software, which is obtained directly from the developers’ websites and is not modified in any way.

The user assumes as his or her exclusive liability any consequences, damages, or actions that may arise from accessing, playing, or disseminating said content. It is the responsibility of the user to verify, prior to downloading, the compatibility of the program with his or her computer and other applications, as well as its features and the advantages of downloading and installing the program on his or her system. Likewise, it is the responsibility of the user to ensure that the download and use of UPTODOWN content is legal and appropriate in the user’s location and personal circumstances.

UPTODOWN shall not be held liable for the infringements of any developer, programmer, or user that affect the rights of another UPTODOWN user, or of a third party, including rights related to copyright, trademarks, patents, confidential information, or any other intellectual or industrial property rights.

This limited guarantee and limitation of liability mentioned in the preceding paragraphs shall neither affect nor prejudice the obligatory rights extended by place of residence and applicable by direct application of Spanish mandatory law or by the forwarding of Spanish law to the laws of another jurisdiction for specific cases.

1.3 Developer programs available via UPTODOWN

UPTODOWN allows the developers of the programs available for download on its platform to boost their visibility and reach a greater number of users. Except in cases where specific agreements exist with the developers, UPTODOWN’s activity is limited to providing access and impartial information prepared by professionals about the different applications. UPTODOWN shall at all times maintain links to the websites of the original developer. However, UPTODOWN shall quickly honor any written request from a developer to withdraw access to the developer’s products from the UPTODOWN site.

1.4 Unauthorized use of the UPTODOWN website or its content

The user may not employ the facilities and capacities of the UPTODOWN site to carry out or propose activities prohibited by law, or to attempt to attract site users to competitor services, or to advertise the sale of products or services for commercial purposes. The user shall refrain from interfering with UPTODOWN or other users’ use of the UPTODOWN site, and in particular from impersonating another user or person while using the portal. Likewise, the user agrees not to add information to forums that is not relevant to that particular forum.

Access via robots and/or scripts to access, copy, or control any part of UPTODOWN are prohibited without the express prior authorization of UPTODOWN.

It is strictly prohibited to add serial numbers, cracked software, or similar information, as well as links to pages that include them, in UPTODOWN’s forums or comments. The IP addresses of offenders shall be saved and appropriate legal measures taken against them. Likewise, the user shall be responsible for ensuring compliance with these clauses by any person he or she authorizes to use the service.

1.5 Liability of Uptodown Technologies S.L. for the operation of UPTODOWN

EXCEPT IN CASES OF INTENTIONAL ACTION, AND THOSE IN WHICH DUE TO THE PARTICULAR CIRCUMSTANCES OF THE USER OR OBJECT AN IMPERATIVE REGIME OF LIABILITY IS DEEMED APPLICABLE, Uptodown Technologies S.L. SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY NATURE AFFECTING THE USER DUE TO THE USE OF UPTODOWN OR OF ANY OF THE SERVICES OR PRODUCTS OFFERED ON THE WEBSITE.

IN PARTICULAR, AND WITHOUT LIMITING THE PROVISIONS OF THE PREVIOUS PARAGRAPH,UPTODOWN TECHNOLOGIES S.L. ASSUMES NO RESPONSIBILITY FOR THE CONTENT OF THE PROGRAMS AVAILABLE FOR DOWNLOAD THROUGH UPTODOWN, WHICH ARE THE EXCLUSIVE RESPONSIBILITY OF THEIR DEVELOPERS, AND SUBJECT TO THE CORRESPONDING LICENSE CONDITIONS. THE USER ASSUMES ALL RISKS ASSOCIATED WITH THE DOWNLOAD AND USE OF THE PROGRAMS, EXPRESSLY EXONERATING UPTODOWN TECHNOLOGIES, S.L. OF ALL LIABILITY, AND ACKNOWLEDGING THAT UPTODOWN, EXCEPT IN CASES IN WHICH IT IS EXPRESSLY ESTABLISHED OTHERWISE, IS LIMITED TO SOLELY PROVIDING ACCESS TO THE PROGRAMS OF THE CORRESPONDING CREATOR OR DEVELOPER.

1.6 Service suspensions

Uptodown Technologies S.L. may unilaterally cease to provide to any or all users the services and/or products offered via the UPTODOWN website.

In cases of service interruption to a particular user, a simple notification to the user shall suffice for said interruption, for any situation involving noncompliance with the terms of use or with any applicable regulation. The user accepts that Uptodown Technologies S.L. shall incur no liability on the occasion of a suspension on these terms.

Additionally, Uptodown Technologies S.L. may at any time, and incurring no liability, vary the content of UPTODOWN, interrupt the provision of all or some services, and/or deactivate or delete all or some user accounts without further limitations beyond those established by applicable laws on the requirement to maintain logs of certain operations during the corresponding legal time periods.

1.7 Applicable law and jurisdiction

The present terms of use are subject to Spanish legislation and to the extent to which the law does not establish an obligatory jurisdiction for a particular case the parties are subject to the exclusive jurisdiction of the courts of Málaga in everything related to them.

II INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS TO UPTODOWN CONTENT AND CONTRIBUTIONS MADE BY DEVELOPERS AND UPTODOWN USERS

2.1 Rights to UPTODOWN content

The user acknowledges that the elements and utilities integrated into the UPTODOWN website include content belonging to UPTODOWN, content from third-party developers, and content created by users themselves. Content belonging to UPTODOWN (including, with no limitation, the trademarks, logos, UPTODOWN site HTML code, design, and program descriptions and remaining content) and content from third-party developers are protected by intellectual and/or industrial property legislation.

The user therefore commits to respect the terms and conditions established in the present general conditions of use and the corresponding licenses for the use of the content from third- party developers available on UPTODOWN. The user acknowledges that the reproduction, modification, transformation, public communication or distribution, including without limitation the commercialization, decompilation, disassembling, utilization of reverse engineering techniques or any other method to obtain the source code of the website and/or applications available on it, and transformation or publication of any unauthorized test result for any of the elements or utilities integrated into the UPTODOWN website constitutes an infraction of intellectual and/or industrial property rights, and the user is therefore obligated to refrain from engaging in any of the aforementioned actions.

The user agrees to neither remove nor alter any distinctive sign used as a trademark or commercial name (graphics, logos, etc.), identifying feature of an element protected by copyright, or other notices, captions, symbols, or labels of Uptodown Technologies S.L. or of third parties that appear on the UPTODOWN website.

2.2 Use of the content and applications available on UPTODOWN

Unless prior agreement between the rights holder and the user stipulates otherwise, the user agrees to utilize the information and applications available on UPTODOWN exclusively for his or her own needs and to neither directly nor indirectly engage in commercial exploitation of the products and/or services to which he or she has access, or of the results obtained due to utilization of the UPTODOWN website.

2.3 Prohibited conduct

The user shall abstain from any conduct in the use of the UPTODOWN website that jeopardizes the intellectual and industrial property rights of Uptodown Technologies S.L. or of third parties; or that infringes or transgresses the honor, personal or family intimacy, or the image of third parties; or that is illicit or damaging to morality.

In particular, and without implying any limitation, the user shall abstain from engaging, via the use of the UPTODOWN website, in any destruction, alteration, disablement, or damage to the electronic data, programs, or documents belonging to Uptodown Technologies S.L., to its providers, or to third parties, nor shall the user introduce or spread on the network any programs, viruses, applets, Active X controls, or any physical or electronic instrument or device that causes or is susceptible to causing any kind of alteration to the network, the system, or third-party computers. Likewise, it is expressly prohibited to engage in any type of activity or practice that violates the principles of good conduct generally accepted amongst Internet users.

2.4 Content uploaded on UPTODOWN by the user

The user is solely responsible for all materials uploaded, posted, e-mailed, or added in any other way by him or her to UPTODOWN (‘User Content’). The user certifies that he or she holds all intellectual and/or industrial property rights to User Content. By using the website and in exchange for the broadcasting of the corresponding content, the user cedes to Uptodown Technologies S.L. and its associated and linked companies, as well as its collaborators, an irrevocable, free, and non-exclusive global license, liable for sublicense, for a duration equal to the duration of the corresponding rights, to reproduce, transform, distribute, or publicly transmit User Content on UPTODOWN and the pages of its affiliates, related firms, and/or collaborators. UPTODOWN may distribute User Content to other users or make any other future use of it via any medium and/or procedure and in any format.

2.5 Requirement to report noncompliance

Any presumed infraction of intellectual or industrial property rights carried out on UPTODOWN and identified by a user should be reported to UPTODOWN by sending an email that includes a description of the presumed infraction to the following address: contacto@uptodown.com.

External Graphic Resources

Thanks to our friends from Freepik.com and Flaticon.com for so great icons and service :).

ANNEX 1. Terms & Conditions for purchases of Apps

If not expressly defined in this Annex 1, all terms in caps herein shall have the same meaning that they have in the Terms of Use for Uptodown.com this Annex I is attached to.

These terms and conditions for purchases of Apps (“Terms”) govern the distribution by UPTODOWN of applications through its store (the “Store”) in the website https://www..uptodown.com/ or any other related domains controlled by Uptodown (“Website”). Apps may include offers for digital products that are intended to be accessed or used within an App, such as additional or enhanced functionality, media content, or subscription access to content or services (“In-App Products”). References in these terms applicable to the Apps includes any In-App Products which are available within the relevant App. Unless we expressly provide otherwise the same terms apply to the initial distribution of an App and to the In-App Products available through that App. The Store is an online marketplace that Uptodown has created and operates which allows end users to access, purchase and use Apps.

When you download the applications offered in the Store (the “Apps”) or purchase any In-App Products for the Apps, you enter into a separate purchase contract based on these Terms (as applicable) with the seller which will be Uptodown Technologies S.L.

The user undertakes to read these Terms before completing any order for Apps through the Store. We assume that by completing the purchasing process through the Store, the user has read and accepted, without any objection, these Terms.

UPTODOWN may modify at any moment these Terms. Each purchase will be governed by the Terms applicable on the date the order was placed. The date at the beginning of these Terms indicates the date in which they were last amended.

Unless it is otherwise expressly stated, these Terms do not limit the Terms of Use for Uptodown.com which will also apply to the user. Likewise, in relation to the processing of personal data, the Privacy Policy applies.

These Terms are available in English.

These Terms are available for users prior to the making of any order for Apps and can be stored or reproduced on a durable support.

1. APPS

The Apps available for purchase are offered through the Store where all the information about the Apps, including their price, will be available. The information about In-App Products for an App may be available within the App.

UPTODOWN will decide which Apps are available through the Store at every moment, offering new Apps (to which, unless otherwise stated, these Terms will apply) or ceasing to offer any App.

If the user wishes to purchase an App, he/she shall simply follow the instructions that will be provided within the Store or the App itself. Any specific information, term or conditions shown or made available to the user during the purchasing process will apply to that particular transaction.

Neither the App nor the In-App Products are UPTODOWN’s products or services but products or services of the relevant developer for each App.

2. PRICES

Prices for the Apps offered in the Store are in Euro (unless another currency is specified for a specific transaction) and they are inclusive, when applicable, of the relevant VAT based on the residency of the user and delivery location. The user will be informed of the final price including any expenses, prior to making any payment. Uptodown may charge a fixed fee in relation to payment services offered through the Store and such fee shall be displayed and made available to the user.

UPTODOWN reserves the right to change the prices of the Apps at any time. However, UPTODOWN will always apply the price in force at the time the order was made by the user. The user is responsible for any duties, customs fees, levies or taxes (other than income tax) (the “Taxes”) associated with the purchase of the Apps. If UPTODOWN must collect or pay Taxes, the Taxes will be charged to the user. The user must comply with any and all applicable tax regulations, including the reporting and payment of any Taxes arising in connection with the purchase of the Apps on the Store. The reporting and payment of any such applicable Taxes is the sole responsibility of the user.

3. PAYMENT

The user may pay the price for the App he/she wishes to acquire using any of the payment methods offered during the process. In order to complete the payments the user shall comply with the instructions that will appear on the screen and with the terms applicable by the relevant provider of the payment method. Credit cards payments are made using "Secure Socket Layer", which encrypts the credit cards details that are transmitted over the internet.

The App will not be dispatched until payment has been received by UPTODOWN or the transaction has been duly authorized by the corresponding financial intermediary.

4. CONFIRMATION

Once the order is complete, the user will be provided with a summary of the order so that it can be reviewed before he/she accepts it. Once the order has been accepted by the user, a screen or an email will confirm that the transaction has been processed correctly. Additionally, the user may access the record of transactions completed in the Store by accessing [*] at the Website.

Likewise, as soon as possible and no later than 24 hours after accepting the order from the user, an email to the email address specified by the user will be sent with a receipt of the transaction completed.

In relation to certain transactions, UPTODOWN will send the invoice to the user automatically in an email.

5. RIGHT TO WITHDRAW FROM THE CONTRACT

According to applicable regulations, the right to withdraw will not apply to the purchase of the Apps. Except as expressly set out in the Website , all purchases are final, and no returns, replacements or refunds are permitted. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and the user may no longer be able to access the App that the user acquired through that transaction.

Once the user has purchased an App, UPTODOWN encourages the user to download (if applicable) and access it promptly to be sure it has received it. Once the user purchases an App or a good within an App and UPTODOWN makes it available to the user, the user bear responsibility for completing the download (if applicable) and for all risk of loss after downloading or accessing the App, including any loss due to a mobile device malfunction, to the maximum extent allowed by applicable law.

7. GENERAL AND CONTACT INFORMATION

To the maximum extent permitted by applicable law, the sale of the Apps shall be governed by the common laws of Spain.

If any provision in these Terms is declared to be invalid or null, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.

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