Terms of Service

1. Acceptance of Terms

By accessing or using Upvoters ("Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease using the Service.

These Terms constitute a legally binding agreement between you and Upvoters. Your continued use of the Service constitutes ongoing acceptance of these Terms as they may be modified from time to time.

2. Service Description

Upvoters is a data analytics and visualization platform that provides insights about product launches. The Service displays information derived from publicly available sources on the internet, including but not limited to product rankings, launch data, and analytics.

The Service is provided free of charge and does not require user accounts or authentication for basic use. We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice or liability.

IMPORTANT: We make no guarantee regarding data availability, completeness, accuracy, or update frequency.

3. Data Sources and Third-Party Content

The Service aggregates and displays information from various publicly available sources on the internet ("Third-Party Data"). We do not own, control, or have any proprietary rights to Third-Party Data.

IMPORTANT DISCLAIMERS:

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms.

YOU AGREE NOT TO:

• Access the Service through automated means (bots, scrapers, crawlers) that exceed normal human usage patterns
• Bypass, disable, or circumvent rate limiting, security measures, or technical protection measures
• Make requests that significantly exceed normal usage patterns or impose unreasonable load on infrastructure
• Use the Service for any commercial data aggregation, resale, or redistribution without written permission
• Collect, harvest, or scrape personal data or personally identifiable information
• Use data mining, robots, or similar data gathering methods
• Interfere with, disrupt, or create undue burden on the Service or servers
• Introduce viruses, malware, or any malicious code
• Attempt to gain unauthorized access to systems, accounts, or networks
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Violate any applicable local, state, national, or international law
• Infringe upon intellectual property rights of Upvoters or third parties
• Remove, obscure, or alter copyright, trademark, or proprietary rights notices

5. Intellectual Property Rights

Upvoters' Intellectual Property

The Service, including but not limited to design, layout, features, functionality, code, algorithms, user interface, and original content, is owned by Upvoters and protected by international copyright, trademark, patent, and intellectual property laws.

Third-Party Intellectual Property

All product data, names, logos, trademarks, images, and content sourced from third parties remain the property of their respective owners. We display this content for informational and analytical purposes.

License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes. This license does not permit: (a) resale or commercial use; (b) collection or use of data listings; (c) derivative works; (d) downloading or copying content for others; (e) use of data mining or similar tools.

6. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT, DATA, INFORMATION, AND MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Warranties that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components
• Warranties regarding the accuracy, reliability, completeness, or timeliness of any content, data, or information
• Warranties that any errors or defects will be corrected
• Warranties arising from course of dealing, usage, or trade practice

No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly stated in these Terms.

You assume all risk for any damage to your computer system or loss of data resulting from use of the Service.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL UPVOTERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (i) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED DOLLARS ($100.00 USD).

Given that the Service is provided free of charge, you acknowledge that your sole remedy for dissatisfaction with the Service is to stop using it.

The limitations in this section shall apply even if any limited remedy fails of its essential purpose.

You acknowledge that the limitations of liability in this section are fundamental elements of the basis of the bargain between you and us, and that we would not provide the Service without such limitations.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless Upvoters, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) that arise from or relate to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party, including but not limited to intellectual property rights, privacy rights, or contractual rights
• Any third-party claims arising from your use of data or information obtained through the Service
• Your violation of any applicable laws, rules, or regulations
• Any content you submit, post, or transmit through the Service
• Your use of Third-Party Data in violation of any third party's terms of service or policies

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with our defense of such claims.

This indemnification obligation will survive termination of these Terms and your use of the Service.

9. Privacy and Data Protection

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

We comply with applicable data protection laws including GDPR (EU), CCPA (California), and similar regulations.

For privacy-related inquiries or to exercise your data protection rights, please see our Privacy Policy or contact us at the email addresses provided therein.

10. Termination and Suspension

Termination by Upvoters

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms
• Violation of our Acceptable Use Policy
• Illegal activity or fraud
• Abusive or excessive use patterns
• At our discretion to protect the Service or other users

Service Discontinuation

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, or unavailability of third-party data sources.

Survival

Sections relating to disclaimers, limitations of liability, indemnification, and dispute resolution shall survive any termination of these Terms.

11. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution

In the event of any dispute, claim, or controversy, you agree to first contact us at legal@upvoters.io to attempt informal resolution. We will attempt to resolve disputes informally within 30 days.

Binding Arbitration

If informal resolution fails, you agree that any dispute arising from these Terms or the Service shall be resolved through binding arbitration rather than in court. Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Class Action Waiver

YOU AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

Waiver of Jury Trial

YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY.

Small Claims Exception

Either party may bring qualifying claims in small claims court if they qualify.

30-Day Opt-Out Period

You have the right to opt out of this arbitration provision within thirty (30) days of first accepting these Terms by sending written notice to legal@upvoters.io with your name and statement of opt-out intent. If you opt out, all other terms continue to apply.

12. Governing Law and Jurisdiction

Choice of Law

These Terms and any dispute arising out of or related to the Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Forum Selection

To the extent arbitration does not apply, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California for any legal proceedings arising out of or related to these Terms or the Service. You waive any objection to venue or inconvenient forum.

13. International Use

The Service is controlled and operated from the United States. We make no representation that the Service is appropriate or available for use in other locations.

If you access the Service from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.

You agree to comply with all applicable export and import control laws and regulations.

14. Third-Party Links and Services

The Service may contain links to third-party websites, services, or resources, including Product Hunt, individual product websites, creator profiles, and social media links.

These links are provided for your convenience and information only. We have no control over and assume no responsibility for the content, privacy policies, or practices of third-party sites.

Inclusion of any link does not imply our endorsement, affiliation, or sponsorship.

We encourage you to review privacy policies and terms of any third-party sites you visit.

15. Modifications to Service and Terms

Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We may update features, functionality, or data sources at our discretion. We are not liable for any modification, suspension, or discontinuance.

Modifications to Terms

We may revise these Terms at any time by updating this page. Material changes will be notified via prominent notice on the Service at least 30 days before taking effect.

Your continued use of the Service after changes take effect constitutes acceptance of revised Terms. If you do not agree to modifications, you must discontinue use of the Service.

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Upvoters regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. Invalid provisions will be modified to the minimum extent necessary to make them enforceable.

No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by authorized representative.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

No Agency

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship. Neither party has authority to bind the other.

17. Copyright Infringement (DMCA)

If you believe content on our Service infringes your copyright, please contact us with:

• Description of the copyrighted work claimed to be infringed
• Description of the infringing material and its location on the Service
• Your contact information (address, telephone number, email)
• Statement of good faith belief that use is not authorized
• Statement of accuracy and authority under penalty of perjury

DMCA Contact: dmca@upvoters.io

18. User Responsibilities

You are responsible for your use of the Service and any consequences thereof. You agree to comply with all applicable laws, regulations, and third-party rights.

If you use Service data in your own applications or research, you must: (a) provide proper attribution; (b) not misrepresent data sources; (c) comply with third-party terms.

You will promptly notify us of any security breaches or unauthorized use.

19. Accessibility

We strive to make our Service accessible to all users, including those with disabilities. We aim to conform to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.

If you encounter accessibility barriers, please contact us and we will work to address them.

20. Contact Information

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

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.