Terms of Service
Last Updated: January 2025
1. Acceptance of Terms
By accessing or using UpClicker ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
2. Description of Service
UpClicker is a web-based platform that allows users to A/B test Open Graph images for their websites. The Service enables users to:
- Upload and manage multiple Open Graph image variants
- Create campaigns for different URL paths
- Track impression counts for each image variant
- Serve dynamic OG images to social media platforms
3. Account Registration
3.1 Account Creation
To use the Service, you must create an account by providing a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials.
3.2 Account Responsibilities
- You must be at least 13 years old to use the Service
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use of your account
- You may not share your account with others
4. User Content
4.1 Your Content
You retain all rights to the images and content you upload to the Service. By uploading content, you grant UpClicker a worldwide, non-exclusive, royalty-free license to use, store, and display your content solely for the purpose of providing the Service.
4.2 Content Restrictions
You agree not to upload content that:
- Violates any laws or regulations
- Infringes on intellectual property rights of others
- Contains viruses, malware, or malicious code
- Is defamatory, obscene, pornographic, or offensive
- Promotes violence, hatred, or discrimination
- Impersonates any person or entity
4.3 Content Moderation
We reserve the right to remove any content that violates these Terms or is otherwise objectionable, at our sole discretion, without notice.
5. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the Service or servers
- Use automated systems (bots, scrapers) without permission
- Reverse engineer or attempt to extract source code
- Resell or redistribute the Service without authorization
- Abuse our API or exceed reasonable usage limits
6. Service Availability
We strive to provide reliable service, but we do not guarantee that the Service will be:
- Available at all times without interruption
- Free from errors or bugs
- Secure from unauthorized access or data breaches
We reserve the right to modify, suspend, or discontinue the Service at any time, with or without notice.
7. Pricing and Payment
7.1 Current Pricing
The Service is currently offered free of charge during our beta period. We reserve the right to introduce pricing plans in the future.
7.2 Future Pricing Changes
If we introduce paid plans, we will provide advance notice to existing users. Continued use of the Service after pricing changes constitutes acceptance of the new pricing.
8. Intellectual Property
The Service, including its design, code, features, and branding, is owned by UpClicker and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.
9. Termination
9.1 Termination by You
You may terminate your account at any time by deleting your account through the Service. Upon termination, all your data will be permanently deleted.
9.2 Termination by Us
We may suspend or terminate your account at any time, with or without cause, including if:
- You violate these Terms
- Your account is inactive for an extended period
- We are required to do so by law
- Providing the Service becomes technically or commercially unfeasible
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We disclaim all warranties, including but not limited to:
- Merchantability and fitness for a particular purpose
- Non-infringement of third-party rights
- Accuracy, reliability, or completeness of data
- Uninterrupted or error-free service
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPCLICKER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE.
Our total liability shall not exceed the amount you paid us (if any) in the 12 months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless UpClicker from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your content or data
- Your infringement of any third-party rights
13. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration, except that either party may seek injunctive relief in court.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the modified Terms.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.
16. Entire Agreement
These Terms, together with our Privacy Policy and Copyright Notice, constitute the entire agreement between you and UpClicker regarding the Service.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Email: legal@upclicker.com
Last Updated: January 2025
By using UpClicker, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.