UPGRD Engagement Terms of Use

These terms of use ("Terms of Use") apply to this website ("Website"), which is offered to users by Retouch Group Oy (" Website Provider", "we" or "UPGRD").

When using the Website, you agree to the Website's prevailing Terms of Use and agree to observe them. The Terms of Use form an agreement between the Website's user ("User" or "you"), which define the User's rights and obligations when using the Website.

We reserve the right to make changes and updates to the Terms of Use at our chosen time without the User's consent.

If you do not agree or understand these Terms of Use, do not use the Website.

Purpose and use of the Website

The User can upload their own photo to the Website. UPGRD's automated photo editing technology ("Photo Editing Technology"), which the Website utilises, edits the User's photo into a new photo that the User can, immediately after creating the image, share on various social media platforms or save on their computer or mobile device. If you do not instantly save the photo you have created on the Website, you can no longer save it. You can, however, return to the Website to create a new image, as long as the Website exists together with its Photo Editing Technology.

The Website and Photo Editing Technology is only intended for the User's personal and private use.

The Website can be accessed via an Internet browser.

The Website can be used free of charges.

Please note that the Website is only temporarily available, and the Website can be suspended or closed at any time. The Website can also be suspended temporarily, or the available features may change. The Website Provider, as well as its partners, are not responsible for any lost images or their backups. However, as part of the administration of the Website, backups of the data added to the Website by the User may be stored.

If you violate the Terms of Use of the Website, your access to the Website may be restricted.

Prohibited activities and responsibility

For example, the following activities are prohibited on the Website:

  • Acting as another person,

  • Using the Website or the Content of the Website for commercial purposes,

  • Publishing, making public, distributing and disclosing the Website or the Content of the Website,

  • Adding the personal data of another person,

  • Using the Website in an illegal manner or for any illegal purpose,

  • Adding any details, material, content or information, which is derogatory, contemptuous, obscene, falsified, invalid or which violates the privacy protection or intellectual property rights, or is otherwise illegal or against good practice,

  • Prying, abusing, saving, publishing or distributing details of others,

  • Conveying and submitting a virus, malware or other detrimental code to the Website,

  • Editing, back-modelling or other manipulation of the Website, and

  • Disrupting and preventing the Website.

The Website Provider can, at any time, without any advance notice or reason, suspend and restrict a User's access to the Website or part thereof, if they observe or suspect that the User is using the Website in violation of these Terms of Use. UPGRD also has the right to remove, without any advance notice, details and material that the User has added to the Website.

The User is liable to compensate for all direct and indirect damages, including damages to others than the Website Provider, i.e. third parties, if they are caused due to the violation of legislation, these Terms of Use or good practice. Each User is responsible for claims presented against the Website Provider or its partners or their employees or workers and any damages, which are caused by the User's actions or negligence.

Intellectual property rights

These Terms of Use only provide the User with the right to use the Website while the Terms of Use are valid and only in accordance with the Terms of Use. The User is not granted proprietary rights to the Website or part thereof. All the registered and unregistered intellectual property rights and other rights, including all copyrights, patents and proprietary rights, to the Website and the content of the Website, including texts, images, technology, code, algorithms, layout, domain names, database rights and trademarks ("Content of the Website") are the property of the Website Provider or its partners. All the technology, code and algorithms of the Website, including the Photo Editing Technology, are the property of UPGRD or its partners. The User must not copy, save, reproduce, edit, distribute or disclose the Website or part thereof, or the Content of the Website unless it is expressly permitted in these Terms of Use. All rights, which are not explicitly granted to the User in these Terms of Use, are reserved.

It is strictly prohibited to use any of the Website or the Content of the Website for commercial purposes.

As a User, you confirm that you have the copyright and proprietary right to the images you add to the Website or you have unlimited rights to add them to the Website. You also confirm that adding the images or any personal data to the Website does not violate the copyrights or other rights of any third parties.

You retain the proprietary rights to the images you add to the Website.

UPGRD may utilise the material or data the User adds to the Website, for example, in the reform or development of the Website's concept, as part of anonymous statistical data about the use of the Website or its Users, subject to the fact that the previously mentioned material or data is anonymised, i.e. the User cannot be identified based on such material or data.

Privacy protection

UPGRD's Privacy Policy shall apply to the processing of personal data collected from the Website.

Privacy policy can be viewed at https://upgrd.io/legal/engagement/privacy-policy.

Limitation of liability

The use of the Website takes place at the User's own responsibility. The User understands and agrees that the Website and the Content of the Website are provided "as such". The Website Provider reserves the right to change or remove Content of the Website from the Website without any advance notice or liabilities to the Users.

The User is personally responsible for any data and material added to the Website, and for ensuring that such data and material only contains the User's own personal data.

The Website Provider and its partners are not liable for the User's utilisation of image material created on the Website or any consequences caused by such utilisation. The User is solely responsible for the decision and liability to use or not use the Website. The Website Provider and its partners shall not be liable for any direct or indirect damages ( including, but not limited to the following: invalid information, loss of information and loss of earnings), which are caused by the use or non-use of the Website or Content of the Website, or for relying on them, the incapacity to use the Website or for any content, material and/or data that the User has obtained via the Website.

However, the Website Provider and its partners do not guarantee the accuracy, completeness, quality, coverage, suitability or reliability of any information or service on the Website or available via the Website, or the uninterrupted, timely or error-free operation of the Website.

There may be links on the Website to Internet sites or electronic service owned and managed by third parties. By moving to a linked site, you agree that the site is not managed or controlled by the Website Provider and that the Website Provider is unable to influence the content of such site.

Applicable law and settlement of disputes

This Agreement shall be governed by Finnish law excluding the provisions concerning the international conflict of laws.

Any disputes arising from this Agreement shall be settled primarily through negotiations between the Parties. If the negotiations do not lead to a settlement, disputes shall be resolved in accordance with the rules of arbitration of the Central Chamber of Commerce's arbitration procedure. The location of arbitration is Helsinki and the language used is Finnish.

Contact details

Retouch Group Oy

Lokipolku 5

00980 Helsinki

Finland