Ultimay provides its products/services via our web application to you, subject to the following terms of service which maybe updated by us from time to time without notice to you.
By using Ultimay services you agree to the following terms and conditions.
1. We reserve the right to add, modify, or discontinue any feature, functionality, or tool within the Service and/or Site sat our discretion and without prior notice. In the event of a significant adverse change to the core functionality of the Service, we will notify you through announcements on the Sites, via the Service, or by email.
2. You acknowledge that your acquisition of the Service and/or Third Party Services (as defined below) is independent of any future delivery of additional functionalities or features by us. This includes, but is not limited to, the continuation of: (i) a specific Service beyond its current Subscription Term; or (ii) Third Party Services. Furthermore, your purchase is not contingent on any public comments, whether oral or written, made by us regarding future functionalities or features.
3. By accessing and utilizing the Sites and/or the Service, you affirm and guarantee that you are a minimum of 16 years old. The Sites and/or Service are exclusively designed for individuals aged sixteen (16) years or above. We retain the authority to request age verification at any point to ensure adherence to this provision.
1. At Ultimay, we have diligently worked to ensure the stability and security of the Ultimay.com code and all associated Ultimay services. We assure you that our code is free from intentional elements that could cause harm to you. We’ve also done our best to take proper steps in having & securing multiple backups of our files and database.
2. Customer Data refers to any information, including data, file attachments, text, images, reports, personal details, or other content that you or any User upload, submit, transmit, or otherwise make available through the Service. This data is processed by us on behalf of the Customer and is collectively referred to as "Customer Data." It is important to note that Anonymous Information, as defined below, is not considered Customer Data.
The Customer retains full ownership, rights, title, and control over the Customer Data in the form it is submitted to the Service. Under these Terms, the Customer grants us a worldwide, royalty-free, limited license to access, use, process, copy, distribute, perform, export, and display the Customer Data. Additionally, to the extent that reformatting the Customer Data for display in the Service constitutes a modification or derivative work, the license also encompasses the right to make such modifications and derivative works.
This license is granted solely for the following purposes:
- To maintain and provide you with the Service.
- To prevent or address technical or security issues and resolve support requests.
- To investigate instances where we have a good faith belief or have received a complaint alleging a violation of these Terms by the Customer Data.
- To comply with a valid legal subpoena, request, or other lawful process.
- As expressly permitted in writing by you.
3. You affirm and guarantee that you possess, or have acquired, all the requisite rights, licenses, consents, permissions, power, and/or authority necessary to bestow the rights delineated herein for any Customer Data you submit, post, or display on or through the Service.
4. Do not provide any data to the Service that is safeguarded by specific legislation and necessitates distinct handling. This includes, but is not limited to, (i) data categories outlined in European Union Regulation 2016/679,Article 9(1), or equivalent provisions in other jurisdictions; (ii) any protected health information governed by the Health Insurance Portability and Accountability Act ("HIPAA"), as amended and supplemented, or similar legislation in other jurisdictions, unless agreed upon by Customer andUltimay.com.
5. By using Ultimay services, you agree to indemnify and hold harmless Ultimay, its subsidiaries, affiliates, officers, agents, employees, advertisers, and partners from any third-party claims arising from or related to your use of Ultimay services, violation of these Terms of Service, or any other actions associated with the use of Ultimay services. This includes any liability or expenses resulting from claims, losses, actual or consequential damages, suits, judgments, litigation costs, and legal fees of all kinds and nature.
6. Ultimay is not responsible for any direct, indirect, incidental, special, consequential, or exemplary damages, which may include, but are not limited to, damages for the loss of profits, goodwill, use, data, or other intangible losses, even if Ultimay has been advised of the possibility of such damages. These damages may result from: (i) the use or inability to use Ultimay services; (ii) the cost of procuring substitute goods and services due to goods, data, information, or services purchased, obtained, or messages received or transactions entered into through or from Ultimay services; (iii)unauthorized access to or alteration of your transmissions or data; (iv)statements or conduct of any third party on Ultimay services; or (v) loss of data from hackers or any other reason (vi) any other matter relating to Ultimay services.
7. Ultimay bears no responsibility or liability for any links or third-party services, including but not limited to the operability or interoperability of such third-party services with our service, their security, accuracy, reliability, data protection and processing practices, and the quality of their offerings. Additionally, any acts or omissions by third parties are not the responsibility of Ultimay. By accessing and/or using third-party services, you acknowledge that your access and use of these services are at your sole discretion and risk. You are solely responsible for ensuring that the operation and practices of such third-party services, as well as their respective third-party agreements, meet your specific needs.
8. In no event shall either party hereto and its affiliates, subcontractors, agents, and vendors (including the third-party service providers) be liable under, or otherwise in connection with these terms for (i) any indirect, exemplary, special, consequential, incidental, or punitive damages; (ii) any loss of profits, costs, anticipated savings; (iii) any loss of, or damage to data, use, business, reputation, revenue or goodwill; and/or (iv) the failure of security measures and protections, whether in contract, tort or under any other theory of liability or otherwise, and whether or not such party has been advised of the possibility of such damages in advance, and even if a remedy fails of its essential purpose.
9. Except for the indemnity obligations of either party under section 16(Indemnification) herein, your payment obligations hereunder or breach of our acceptable use policy by either you or, in the case of a customer, any of the users underlying its account, in no event shall the total aggregate liability of either party, its affiliates, subcontractors, agents, and vendors (including the third-party service providers), under, or otherwise in connection with, these terms (including the sites and the service), exceed the total amount of fees actually paid by you (if any) during the 12 consecutive months preceding the event giving rise to such liability. This limitation of liability is cumulative and not per incident.
10. You are tasked with ensuring the security of your account password and overseeing all activities conducted under your account.
1. Ultimay enacts sensible security measures and protocols to aid in safeguarding your Customer Data. For additional details regarding our security measures and protocols, please refer to our Security Page, which is periodically updated.
2. When utilizing the Service and the Sites, your Personal Data (as defined in the Privacy Policy) may be collected, accessed, utilized, and shared. Please refer to our Privacy Policy, incorporated by reference herein, for details on these data collection and usage practices.
1. The Sites may include specific features that enable you to publicly submit comments, information, and other materials (referred to as "Public User Submissions") and share these submissions with other Users or the general public. By submitting Public User Submissions through the Sites, you grant us a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display the submitted content for any purpose related to our business. This includes, but is not limited to, publicizing and promotingUltimay.com, the Service, and/or the Sites, as well as any other lawful purpose, across various media formats (such as in print, on websites, electronically, and through broadcast). You also hereby waive, or to the extent legally prohibited, assign to Ultimay.com, any moral rights associated with your Public User Submissions.
2. You acknowledge and agree to the following: (i) you possess or have obtained all requisite rights, licenses, consents, permissions, power, and/or authority needed to grant the rights specified herein for any Public User Submissions that you submit, post, or display on or through the Service; (ii) we do not exercise control and are not accountable for other content and/or submissions posted on our Sites and/or Service by others; (iii) through the use of the Service and/or Sites, you may encounter content and/or submissions by other users or site visitors that are offensive, indecent, inaccurate, misleading, or otherwise unlawful;
1. By agreeing to these terms, you authorize Ultimay or its payment processors to charge your credit card monthly in advance for your subscription fee, any applicable sales taxes, and other charges related to your use of Ultimay services.
2. The full subscription fee will be billed on the first day of your paid subscription and subsequently on each monthly anniversary or the chosen period as per your account package, until you cancel your subscription.
3. Ultimay is not liable for additional bank fees, interest charges, finance charges, overdraft charges, or other fees arising from charges billed by Ultimay.
4. Currency exchange settlements will follow agreements between you and your credit card provider.
5. Pro-rata refunds for unused time are not provided if cancellation occurs mid-billing cycle.
6. We reserve the right to modify our fees, with advance notice to you. If your current services have a specified duration and price, that price will remain in effect for the duration, but continued use after that period will be at the new price.
7. All charges are non-refundable unless expressly stated otherwise or as provided by applicable law.
8. If your billing date falls on a day not present in a given month, you will be billed on the last day of that month. For instance, if your paid subscription began on May 31st, your next billing date would be June 30th.
1. Ultimay reserves the right to unilaterally terminate or suspend your access to its services at any time and for any reason without prior notice.
2. You have the option to terminate the service at your discretion by following the outlined procedure in our help section. It is your responsibility to ensure the backup of data utilized with the service. Your termination of the service will not exempt you from fulfilling your obligations to remit all charges owed to Ultimay, as previously specified.
3. In the event of termination or suspension, your immediate cessation of the right to use the service is mandated. While we may, at our discretion, grant access to data stored on the service following a suspension or termination, such access is not guaranteed.
1. In relation to these Terms and the Service, encompassing its evaluation, both parties (referred to as the "Disclosing Party" and the "Receiving Party") may share non-public information related to business, products, technology, and marketing. This includes, but is not limited to, customer lists, know-how, software, and any other non-public information that is explicitly identified as such or should reasonably be considered confidential based on the nature of the information and the circumstances of disclosure. This pertains to information disclosed both before and after the Effective Date and is collectively referred to as "Confidential Information."
For clarification, (i) Customer Data is classified as the Customer's Confidential Information, and (ii) our Site, Service, Trial Service, and/or Pre-Released Services, along with their underlying technology, and respective performance information, including any data, reports, and materials provided to you in connection with the Service's evaluation or usage, are considered our Confidential Information. It is important to note that Confidential Information excludes information that (a)becomes generally available to the public without violating any obligation to the Disclosing Party; (b) was already known to the Receiving Party before its disclosure without any breach of obligation to the Disclosing Party; (c) is obtained from a third party without any breach of obligation to the Disclosing Party; or (d) is independently developed by the Receiving Party without using or referring to the Confidential Information.
2. Despite the foregoing, the Receiving Party may disclose Confidential Information in compliance with a court, administrative agency, or other governmental body's order or requirement. However, the Receiving Party will, to the extent legally allowable, exert optimal efforts to promptly notify the Disclosing Party in writing of such court order or requirement. This notification aims to enable the Disclosing Party to pursue a protective order or take necessary measures to prevent or limit such disclosure.
1. Notwithstanding anything in these terms or elsewhere to the contrary and to the fullest extent permitted by applicable law:
2. Except as expressly set forth herein, the sites and the service are provided on an "as is," "with all faults," and "as available" basis, and without warranties of any kind. We and our affiliates, subcontractors, agents, and vendors (including the third-party service providers) hereby disclaim any and all representations and warranties of any kind, including without limitation, warranties and/or representations of merchantability, functionality, title, fitness for a particular purpose, and non-infringement, whether express, implied, or statutory.
3. We and our vendors do not warrant, and expressly disclaim any warranty or representation that the service and sites, including the access thereto and use thereof, will be uninterrupted, timely, secured, error-free, that data won't be lost, that defects will be corrected, or that the sites and/or service are free from viruses or other harmful code. We and our vendors further disclaim any and all liability or responsibility for any delays, failures, interception, alteration, loss, or other damages that you and/or your data (including customer data) may suffer, that are beyond our control.
4. Except as expressly set forth herein, we do not warrant, and expressly disclaim any warranty or representation (i) that our service (or any portion thereof) is complete, accurate, of any certain quality, reliable, suitable for, or compatible with any of your contemplated activities, devices, operating systems, browsers, software, or tools (or that it will remain as such at any time), or comply with any laws applicable to you; and/or(ii) regarding any content, information, reports, or results that you obtain through the service and/or the sites.
1. Customer agrees to indemnify, defend, and hold Ultimay.com and its affiliates, officers, directors, employees, and agents harmless from any and all claims, damages, obligations, liabilities, losses, reasonable expenses, or costs (collectively referred to as "Losses"). These Losses may arise due to a third-party claim resulting from (i) Customer's and/or its Users' violation of these Terms or applicable laws, and/or (ii) the Customer Data. This includes the use of Customer Data by Ultimay.com and/or any of its subcontractors, which may infringe or violate any third party's rights, such as intellectual property, privacy, and/or publicity rights.
2. The indemnifying party's responsibilities for defense and indemnification outlined in Section 16 are contingent upon the following conditions: (i) the indemnified party must promptly furnish written notice of the claim seeking indemnification, with the understanding that the indemnifying party remains obligated under Section 16 even if the indemnified party's failure to provide timely notice does not materially prejudice the indemnifying party's defense; (ii) the indemnifying party must assume immediate and exclusive control over the defense and/or settlement of the claim, with the caveat that the indemnifying party may not compromise or settle any such claim requiring monetary obligations, admission of liability, or unreasonable responsibility or liability by the indemnitee without the prior written consent of the affected indemnitee, such consent not to be unreasonably withheld or delayed; and (iii) the indemnified party must offer reasonable cooperation and assistance, at the indemnifying party's expense, in the defense and/or settlement of the claim, refraining from any actions that would prejudice the indemnifying party's defense or response to the claim.
Last Update November 13, 2023