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Terms of Service

Last updated: February 18, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Talgat Vakhitov, an individual operating as a sole proprietor doing business as UpPeto ("UpPeto," "we," "us," or "our"), governing your access to and use of the UpPeto platform, including any content, functionality, and services offered at uppeto.com (the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

UpPeto is an AI-powered personalized learning platform that uses artificial intelligence to create customized educational content based on the Pareto Principle. The Service includes, but is not limited to:

  • Conversational interviews to understand your learning goals
  • AI-generated diagnostic assessments of your current knowledge
  • Personalized course plans optimized for efficient learning
  • Adaptive learning content that adjusts to your progress

3. Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age, you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you represent and warrant that you meet these eligibility requirements.

We do not knowingly collect personal information from children under 13 years of age in compliance with the Children's Online Privacy Protection Act ("COPPA"). If we learn that we have collected personal information from a child under 13, we will take steps to delete such information promptly.

4. User Accounts

4.1 Account Registration

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

4.2 Account Security

You are responsible for safeguarding the password associated with your account and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. UpPeto shall not be liable for any loss or damage arising from your failure to comply with this section.

4.3 Account Termination

You may delete your account at any time. We reserve the right to suspend or terminate your account if you violate these Terms or if your continued use poses a risk to the Service or other users.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable federal, state, local, or international law or regulation
  • Attempt to circumvent, disable, or interfere with any security features of the Service
  • Use automated means (bots, scrapers, etc.) to access the Service without our prior written consent
  • Transmit any malicious code, viruses, or other harmful material
  • Impersonate or attempt to impersonate UpPeto, another user, or any person or entity
  • Use the Service in any manner that could disable, overburden, damage, or impair the Service
  • Attempt to extract, reverse-engineer, or derive the system prompts, AI models, or proprietary methodologies used by the Service
  • Resell, redistribute, or commercially exploit any content generated by the Service without written authorization

6. AI-Generated Content Disclaimer

THE SERVICE USES ARTIFICIAL INTELLIGENCE TO GENERATE EDUCATIONAL CONTENT. YOU ACKNOWLEDGE AND AGREE THAT:

  • AI-generated content may contain errors, inaccuracies, or omissions
  • The content is provided for educational and informational purposes only and does not constitute professional advice (legal, medical, financial, or otherwise)
  • You should independently verify any critical information before relying on it
  • UpPeto does not guarantee the completeness, reliability, accuracy, or suitability of any AI-generated content
  • AI models and their outputs may change over time, and previously generated content may differ from future outputs

7. Intellectual Property

7.1 UpPeto's Intellectual Property

The Service, including its design, software, algorithms, system prompts, branding, logos, and all related intellectual property, is owned by UpPeto and is protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works of any part of the Service without our prior written consent.

7.2 User Content

You retain ownership of any content you provide to the Service (e.g., learning goals, answers to diagnostic questions). By providing content to the Service, you grant UpPeto a non-exclusive, worldwide, royalty-free license to use, process, and store such content solely for the purpose of providing and improving the Service.

7.3 Generated Content

Course plans, lesson content, and other educational materials generated by the Service for you are licensed to you for personal, non-commercial use. You may not redistribute, sell, or publicly display generated content without prior written authorization from UpPeto.

8. Fees and Payment

The Service may offer both free and paid tiers. For paid features, you agree to pay all applicable fees as described at the time of purchase. All fees are non-refundable unless otherwise stated or required by applicable law. We reserve the right to modify pricing with reasonable notice to existing users.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

UpPeto does not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee any specific learning outcomes or results from using the Service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPPETO, ITS OWNER, AFFILIATES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Service
  • Any conduct or content of any third party on the Service
  • Any AI-generated content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL UPPETO'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO UPPETO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless UpPeto, its owner Talgat Vakhitov, and any affiliated parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Service, or your violation of any rights of a third party.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law provisions. To the extent not preempted by federal law, the substantive laws of the State of Texas shall apply.

12.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in the State of Texas. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND UPPETO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

12.4 Venue

For any matters not subject to arbitration, you agree that any litigation shall be filed exclusively in the state or federal courts located in the State of Texas, and you consent to the personal jurisdiction of such courts.

13. Texas-Specific Provisions

13.1 Texas Deceptive Trade Practices Act (DTPA)

To the extent permitted by law, you waive any rights or remedies under the Texas Deceptive Trade Practices-Consumer Protection Act (Tex. Bus. & Com. Code Ann. § 17.41 et seq.) that may be waived. This waiver is made knowingly and voluntarily after being informed of these rights.

13.2 Texas Data Privacy and Security Act

If you are a Texas resident, you may have additional rights under the Texas Data Privacy and Security Act (TDPSA), as described in our Privacy Policy.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service and delete your account.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and UpPeto regarding the Service.

15.2 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

The failure of UpPeto to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. UpPeto may assign these Terms without restriction.

15.5 Force Majeure

UpPeto shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or infrastructure failures, or pandemics.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Talgat Vakhitov d/b/a UpPeto
Email: talgat.prog@gmail.com