Terms of Service

These Terms of Service (the “Terms”) are a legal agreement between you and UPEO.AI (“Midterm”, “we”, “us” or “our”), the operator of the Midterm application and the website at https://midterm.world (together, the “Service”). Please read them carefully. By creating an account, downloading the app, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Nothing in these Terms removes or limits any rights you have under the mandatory laws of your country that cannot legally be waived. Where local consumer-protection or data-protection law gives you stronger rights than these Terms, those laws prevail.

1. Who may use the Service

• You may open your own account only if you are at least the age of digital consent in your country (for example, 13 in much of the world, and up to 16 in parts of the EU/EEA). If you are younger, you may use the Service only through a profile created and supervised by a parent or legal guardian.
• By creating a child profile, the parent or guardian confirms they have the authority to do so, accept these Terms on the child’s behalf, and are responsible for that child’s use of the Service.
• You confirm that the information you give us is accurate and that you will keep it up to date.
• You may not use the Service if doing so is prohibited by the laws or sanctions of your country.

2. Your account & security

• You are responsible for your account credentials and for all activity that happens under your account.
• Keep your login (including any one-time codes and PIN) confidential, and tell us promptly of any unauthorised use.
• We may refuse, suspend, or reclaim usernames and profiles, including to protect others or comply with law.

3. Subscriptions, billing & cancellation

• Some features require a paid subscription. The price, billing period (for example, weekly), currency, and what is included are shown to you before you pay.
• Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time, and cancellation takes effect at the end of the current paid period.
• Payments are processed by third-party payment providers. We do not store full payment-card details. Your use of a payment provider is also subject to its own terms.
• Prices may include or exclude taxes depending on your location; you are responsible for any applicable taxes not collected by us.
• Refunds are provided where required by applicable law (including any statutory cancellation or “cooling-off” rights you may have as a consumer). Except where the law requires otherwise, payments are non-refundable once a billing period has begun.
• We may change prices or plans prospectively, giving you reasonable notice before the change applies to you.

4. Acceptable use

When using the Service, you agree not to:

• break any applicable law, or infringe the rights of others;
• cheat, use bots or automation, exploit bugs, or manipulate scores, XP, leaderboards or rewards;
• harass, bully, threaten, impersonate, or harm other users — especially children;
• upload or share content that is unlawful, hateful, sexually explicit, violent, deceptive or otherwise harmful;
• attempt to access, disrupt, reverse-engineer or compromise the Service or its security;
• use the Service to send spam, or to collect others’ data without permission.

5. Your content

You keep ownership of the content you submit (such as a display name or messages). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce and display that content solely to operate and improve the Service. You are responsible for the content you submit and confirm you have the rights to share it.

6. Our intellectual property

The Service — including its software, questions and content, design, logos and trademarks — is owned by UPEO.AI or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable licence to use the Service for your own non-commercial enjoyment. All rights not expressly granted are reserved.

7. Privacy & data protection

We handle personal data in line with our Privacy Policy and applicable data-protection laws, which may include the Kenya Data Protection Act, 2019, the EU/UK General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA/CPRA). By using the Service you acknowledge that processing of your data is described in the Privacy Policy.

8. Third-party services

The Service may link to or rely on third-party services (such as payment processing, messaging, or app stores). We are not responsible for third-party services, and your use of them is governed by their own terms and policies.

9. Availability & changes to the Service

We work hard to keep the Service running, but it is provided on an “as available” basis and may change, be limited, or be interrupted. We may add, modify or discontinue features, content or game modes at any time. Some features may be offered as previews or “beta” and may not work perfectly.

10. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you, and you may have additional rights under local law.

11. Limitation of liability

To the fullest extent permitted by law, UPEO.AI and its officers, employees and partners will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, data or goodwill, arising from your use of (or inability to use) the Service. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim, or the minimum amount required by applicable law.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law — including liability for death or personal injury caused by negligence, for fraud, or under your non-waivable statutory consumer rights.

12. Indemnity

To the extent permitted by law, you agree to indemnify and hold UPEO.AI harmless from claims, losses and expenses (including reasonable legal fees) arising from your misuse of the Service or your breach of these Terms or of applicable law. This clause does not apply to consumers to the extent prohibited by local law.

13. Suspension & termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you break these Terms, create risk or legal exposure, or where required by law — where practical and lawful, we will give you notice. On termination, the licences granted to you end, while clauses that by their nature should survive (such as ownership, disclaimers, and limitation of liability) continue.

14. Governing law & your local rights

These Terms are governed by the laws of the Republic of Kenya, without regard to conflict-of-law rules. However, if you are a consumer, you benefit from any mandatory protections of the law of the country where you live, and nothing here deprives you of the right to bring proceedings, or to rely on protections, available to you under that local law.

15. Dispute resolution

If you have a problem, please contact us first at hello@upeo.ai so we can try to resolve it informally. If we cannot, disputes will be subject to the courts of the Republic of Kenya, except where applicable law gives you, as a consumer, the right to bring a claim in the courts of your home country.

16. Changes to these Terms

We may update these Terms as the Service evolves or as the law requires. If we make material changes, we will take reasonable steps to notify you (for example, in the app or by email) and update the date below. Continuing to use the Service after changes take effect means you accept the updated Terms.

17. General

• These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service.
• If any part is found unenforceable, the rest remains in effect.
• Our failure to enforce a provision is not a waiver of it.
• You may not transfer your rights under these Terms; we may transfer ours in connection with a merger, acquisition or sale of assets, without reducing your rights.
• We are not liable for failures caused by events beyond our reasonable control.

18. Contact

UPEO.AI — operator of Midterm.
Email: hello@upeo.ai
Phone: +254 116 888 777