These Terms of Use (“Agreement”) are a legal agreement between you (“User”) and WattUp Inc. (“WattUp”) governing your use of the WattUp website (the “Site”) and any related services or products offered by WattUp (collectively, the “Services”). By accessing or using the Site or Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not use the Site or Services.
1. Use of Site and Services
WattUp grants you a non-exclusive, non-transferable, limited license to access and use the Site and Services for your personal or internal business use. You may not use the Site or Services for any other purpose without the prior written consent of WattUp.
2. Intellectual Property
The Site and Services, including all content, graphics, logos, trademarks, and other intellectual property, are the property of WattUp or its licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not copy, modify, distribute, or create derivative works based on any content or materials from the Site or Services without the prior written consent of WattUp.
3. User Content
You are solely responsible for any content, data, or other materials you submit to the Site or Services (“User Content”). By submitting User Content, you grant WattUp a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit the User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site and Services and WattUp’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to WattUp the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor WattUp’s use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4. Indemnification
You agree to indemnify, defend, and hold harmless WattUp and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your use of the Site or Services, (ii) your User Content, or (iii) your breach of this Agreement.
5. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATTUP DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6. Limitation of Liability
IN NO EVENT SHALL WATTUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS