UpEarly, Inc. (UpEarly) owns and operates the website http://upear.ly (the Site). The Site, together with any software applications (including mobile applications) that are made available by UpEarly (Apps), and together with all content, forums, information sharing functions (including the ability to post User-generated content, User Content), tools, transactions and other services available at the Site, are collectively referred to as the Service. Except certain aspects of the Service that may be available to Public Users, the Service is provided only to Clients (as such terms are defined below).
As used herein, the term User means you.
The Service is available only to individuals who are at least 18 years old who can form legally binding contracts under applicable law. You hereby represent and warrant to UpEarly that you meet the foregoing qualifications. If you do not so qualify, you are prohibited from accessing, using or registering for the Service.
UpEarly may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.
To become a Client, the User must complete the registration process by providing UpEarly (or its service providers, like payment processors) with current, complete and accurate information, as more specifically required by the then current registration procedures. By way of illustration and not limitation: Users may elect to provide access information related to his or her accounts at social networking sites (such as, for example, Twitter, Facebook and MySpace); and in order to obtain certain Transaction services (such as, for example, in order to establish Commitments), Users will be required to provide valid credit card and/or mobile telephone account information for billing purposes. Clients shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate.
4.1 The Commitment. Client promises that he or she will fulfill his or her Commitment, as more fully specified on the confirmation page summarizing the Commitment, which is displayed in the App when Client accepts the Commitment.
4.2 Risk of Failure to Keep Commitment. Client acknowledges that there exist circumstances within or beyond Client's control that may prevent Client from achieving the Commitment (a Failure). Client and UpEarly agree that it is a basic assumption of the parties in making the Commitment that Client will bear the risk of any Failure. Client understands that CLIENT BEARS ALL RISK ASSOCIATED WITH SUCH COMMITMENT, including, but not limited to, Client's efforts to satisfy the Commitment and Client's ultimate success or Failure in achieving the Commitment. In addition, Client understands that Client is solely responsible for any loss, damage, illness, injury or death to person or loss or damage to property related in any way to the Commitment or Client's efforts in connection with the Commitment.
4.3 Acceptable Excuses. Notwithstanding the above, Client will be exempt from his or her Commitment when:
His/Her doctor sends a signed digital medical note indicating the period for which the Client is too ill to go to complete the Commitment. This medical excuse needs to be a specific period of time and not an open-ended exemption. His/Her workplace sends a signed digital note indicating that the person has taken a sick day on the date of the Commitment.4.4 The Referee. Client must elect a Referee at the time of creating a commitment and provide accurate contact information for the Referee, which may include a valid email address or phone number. Upon Failure, the Penalty associated with the Commitment (see Section 3) is charged to Client’s credit card. UpEarly subtracts a Service Fee (see section 3.2) from the Penalty, and the remainder is given to the Referee.
Users under the age of 18 years old are prohibited from creating Commitments and CLIENT REPRESENTS AND WARRANTS THAT CLIENT IS NOT UNDER THE AGE OF 18 YEARS OLD.
3.1 Penalties. Client understands that, as described in the Commitment Summary page, Client has elected an amount of money (Penalty) that the Client is obligated to pay in the event of Failure. Client acknowledges and agrees that Client is not entitled to any interest on any Penalties paid to or held by UpEarly. Client represents that the total of all Penalties authorized by Client is less than 10 percent of Client's annual income.
3.2 Service Fees. UpEarly subtracts 10 percent of the Penalty amount as a Service Fee. The Service Fee is charged to Client’s credit card only upon Failure.
3.3 Payment and Billing. Client agrees to provide UpEarly (and/or its payment processor) with certain information, including without limitation, Client's full name, address, telephone number, and credit card information. Client agrees to provide UpEarly with the foregoing information as well as any other mandatory information that is accurate, complete and current. UpEarly will use commercially reasonable efforts to maintain such information in secure, encrypted form and in accordance with any applicable laws and with UpEarly’s Privacy Policy (which is available at http://upear.ly/policy.html).
Client shall be responsible for and hereby agrees to pay all Penalties as a result of Client's Commitment. If payment cannot be charged to Client's credit card or if a charge is refunded for any reason without UpEarly’s consent, including chargeback, UpEarly reserves the right to immediately and without notice, either suspend or terminate Client's access and account, in which case all of UpEarly’s obligations under the Commitment and this Terms of Service Policy shall terminate immediately. Client is required to pay any amounts still owed to UpEarly at the time Client's account is suspended or terminated.
Client hereby authorizes UpEarly to charge Client's credit card only upon Failure; such charge shall equal the Penalty elected for that Commitment. Client understands that such a charge could occur in each and every Commitment that Client elects to create. Client agrees that Penalties are the sole and exclusive property of UpEarly and that UpEarly does not hold Penalties in an escrow or any fiduciary capacity for the benefit of Client.
4.1 Term. Each Commitment shall terminate upon completion of the Commitment, as identified in the Commitment Summary
4.2 Refund Policy. UpEarly does not provide refunds of Penalties paid to your referee, because the funds will have already been transferred to your Referee's account. However, you may always ask your referee to refund the penalty via Venmo. UpEarly will refund the service fee paid to UpEarly in one circumstance: (1) Client has an acceptable excuse as defined in section 1.3 (2) Client sends an email to contact@upear.ly within 24 hours of the Failure regarding the refund request. Following UpEarly’s receipt of a medical note from Client’s doctor or a digital note from Client’s workplace, UpEarly will refund the service fee on the corresponding Failure. UpEarly reserves the right to modify this Refund Policy at its discretion (according to the change notice process described in the Terms of Service), but may suspend or cancel the refund right at any time against any Client that UpEarly believes is abusing this policy.