Disclaimer

General Disclaimer

Upmos Inc (“Company,” “we,” “our,” or “us”) provides the Site and mobile application (“Platform”) on an “as is” and “as available” basis. We do not make any representations or warranties of any kind, express or implied, regarding the operation of the Site or the information, content, or materials included on the Site or accessed through the Platform. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, Upmos Inc shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Site or Platform, even if we have been advised of the possibility of such damages.

Our total liability to you for all claims arising from or relating to the Platform shall not exceed the amount paid by you, if any, for the Platform.

Multivendor Marketplace Disclaimer

Upmos Inc operates as a multivendor ecommerce marketplace where independent third-party sellers (“Vendors”) offer products and services directly to buyers. Upmos Inc acts solely as the platform facilitator and is not a party to transactions between buyers and Vendors.

• Buyer-Seller Relationship: All transactions are between the buyer and the independent Vendor. Upmos Inc is not the seller of record and does not take title to any merchandise sold through the platform
• Vendor Products & Warranties: Upmos Inc makes no warranties — express, implied, or statutory — regarding Vendor products, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Any product warranties are provided solely by the Vendor
• Vendor Listing Accuracy: While we require Vendors to provide accurate product information, Upmos Inc does not independently verify Vendor listings and is not responsible for errors, omissions, or misrepresentations in product descriptions, images, or pricing
• Vendor Disputes: Disputes arising from transactions with Vendors (including product quality, delivery, returns, and refunds) should first be resolved directly with the Vendor. If resolution cannot be reached, you may escalate the matter to Upmos Inc through our dispute resolution process. Upmos Inc will mediate in good faith but is not obligated to resolve disputes between buyers and Vendors

Digital Products & Subscriptions

Upmos Inc and its Vendors may offer digital products (software, eBooks, courses, digital downloads) and subscription-based services. The following additional disclaimers apply:

• Digital Products: Digital products are provided “as is” and may not be compatible with all devices, operating systems, or software. Upmos Inc does not guarantee uninterrupted access to digital content and is not liable for data loss, corruption, or incompatibility
• Subscription Services: Subscription and recurring billing terms are governed by the applicable subscription agreement. Upmos Inc is not responsible for charges resulting from failure to cancel subscriptions before renewal dates. Users are responsible for managing their subscription preferences through their account settings
• License Restrictions: Digital products are typically licensed, not sold. Your use of digital products is subject to the applicable End User License Agreement (EULA)

International Commerce & Country Eligibility

Upmos Inc operates globally and serves eligible countries worldwide. The following apply to international transactions:

• Country Eligibility: Access to the platform and certain products or services may be restricted based on your geographic location. Not all products are available in all countries, and Vendors may impose their own shipping and delivery restrictions
• Sanctions & Embargoes: Upmos Inc complies with all applicable sanctions laws, including those administered by the U.S. Office of Foreign Assets Control (OFAC), the European Union, and the United Nations. Users in sanctioned or embargoed countries or regions are prohibited from using the platform. We reserve the right to restrict or terminate access to comply with applicable trade restrictions
• Import Duties & Customs: International buyers are solely responsible for all import duties, customs fees, tariffs, and taxes imposed by their country of destination. These charges are not included in product pricing or shipping costs
• Currency & Exchange Rates: Prices displayed in currencies other than USD are approximate and based on exchange rates that may fluctuate. The final charge to your payment method may differ from the displayed price due to exchange rate variations and bank processing fees

Entire Agreement & Force Majeure

Entire Agreement: This Disclaimer, together with our Terms of Use, Privacy Policy, and all other policies referenced herein, constitutes the entire agreement between you and Upmos Inc regarding the subject matter contained herein. This Disclaimer supersedes all prior or contemporaneous written or oral agreements, representations, or understandings.

Force Majeure: Upmos Inc shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, government orders, labor disputes, power failures, internet or telecommunications failures, cyberattacks, supply chain disruptions, or any other unforeseeable events.

—

Key Points Summary

Here are the most important takeaways from this Disclaimer:

General & Liability

• No Guarantees: UPMOS content is provided “as is” without warranties of any kind.
• Limitation of Liability: UPMOS is not liable for any damages arising from use of the website.
• Information Only: Content is for general informational purposes and not professional advice.
• User Responsibility: You are solely responsible for your decisions and actions based on our content.

Medical & Legal

• Not Medical Advice: Nothing on this site constitutes medical advice. Always consult a healthcare professional.
• Not Legal Advice: Content does not constitute legal advice. Consult a qualified attorney for legal matters.
• Assumption of Risk: You assume all risk when acting on information from this website.

Affiliates & FTC Compliance

• Affiliate Partnerships: UPMOS participates in Impact.com and SocialSnowball.io affiliate programs and may earn commissions.
• FTC Compliant: All endorsements and affiliate relationships comply with FTC 16 CFR Part 255 guidelines.
• No Extra Cost: Affiliate commissions do not increase the price you pay.
• Honest Recommendations: We only recommend products and services we genuinely believe provide value.

Testimonials & Content

• Individual Results Vary: Testimonials reflect individual experiences and are not guarantees of specific outcomes.
• Authenticity: All testimonials are reviewed for authenticity and are from real users providing genuine feedback.
• External Links: We are not responsible for the content or practices of third-party websites linked from our Site.

Legal Protection

• Intellectual Property: All content on this Site is owned by Upmos Inc and protected by copyright and trademark laws.
• Indemnification: You agree to hold UPMOS harmless from claims arising from your use of the Site.
• Arbitration Required: Disputes are resolved through binding arbitration, not court litigation (with opt-out rights).
• DMCA Compliance: We respond promptly to valid copyright infringement claims under the DMCA.
• Severability: If any provision is found invalid, all remaining terms continue in full force.

Medical & Health Disclaimer

The information on our Site is for informational purposes only and is not intended to provide medical advice. You should not rely on this information as a substitute for professional medical advice, diagnosis, or treatment.

Before Starting Any Program

• Always consult your physician before beginning any health, fitness, or wellness program
• Inform your doctor of any existing health conditions, medications, or supplements
• Do not start any program without medical approval, especially with pre-existing conditions
• Seek immediate medical attention if you experience pain, shortness of breath, or dizziness

Assumption of Risk

By using our Platform and participating in any programs or activities:

• You acknowledge that you do so entirely at your own risk
• You assume all risks associated with physical activity and health programs
• You release Upmos Inc from any liability for injury or health complications
• You confirm you have no medical conditions that would be aggravated by participation

FDA & Regulatory Disclaimer

Statements regarding dietary supplements, health products, and wellness services on this Site have not been evaluated by the Food and Drug Administration (FDA) or any equivalent regulatory body. Products sold on the Upmos marketplace are not intended to diagnose, treat, cure, or prevent any disease. Consult your healthcare provider before using any supplement or health-related product purchased through our platform.

—

Legal Disclaimer

Not Legal Advice

Information provided on Upmos Inc is for general educational purposes only and does not constitute legal advice. Accessing this information does NOT create an attorney-client relationship.

• We are not your attorneys and cannot provide legal counsel
• Do not act on information without consulting a qualified, licensed attorney in your jurisdiction
• Laws vary by location and change frequently; this information may be outdated
• We disclaim liability for actions taken or omitted based on this Site’s content

Accuracy Disclaimer

• Information on this Site may contain errors, inaccuracies, or omissions
• We do not guarantee the completeness or accuracy of any content
• We reserve the right to make changes without notice

IMPORTANT: THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

—

Affiliates Disclaimer

Our Platform may contain links to affiliate partners, and we may receive affiliate commissions when you make purchases through those links. This does not affect the price you pay.

Impact.com Partnership

Users participate in affiliate programs through Impact.com, earning performance-based commissions:

• Partnership Types: Affiliate, creator, and referral programs
• Tracking: Unique links and promo codes track conversions
• Payments: Based on sales (CPA), leads (CPL), or app installs (CPI)
• Minimum Threshold: Typically $10 before withdrawal eligibility
• Payout Methods: Bank transfer, PayPal, or other options
• Schedule: Monthly or threshold-based payouts in multiple currencies

SocialSnowball.io Partnership

We use SocialSnowball for affiliate program management, including automatic customer enrollment:

• Automatic Enrollment: Customers automatically become affiliates after purchase
• Manual Sign-up: External partners can register on dedicated landing pages
• Commission Tracking: Unique “Safelinks” prevent coupon abuse
• Bulk Payouts: Automated payments via bank transfer, PayPal, or gift cards

—

FTC Compliance Disclosure

In accordance with the Federal Trade Commission’s (FTC) guidelines concerning endorsements and testimonials in advertising (16 CFR Part 255), Upmos Inc provides the following disclosures:

Material Connections

• Upmos Inc maintains material connections with certain product and service providers mentioned on this Site
• We may receive compensation, free products, services, or other incentives in exchange for featuring or reviewing products/services
• These relationships may influence the content, topics, or posts published on this Site
• All such material connections are disclosed where applicable

Affiliate Compensation

When you click on affiliate links and make purchases, we may receive commissions from partner programs including but not limited to Impact.com and SocialSnowball.io. These commissions do not increase the price you pay for products or services. Our affiliate relationships are governed by:

• FTC Act Section 5: We ensure all advertising is truthful, non-deceptive, and fair
• 16 CFR Part 255: We comply with guidelines on endorsements and testimonials
• Honest Representation: We only recommend products and services we genuinely believe provide value to our users
• Clear Disclosure: Affiliate links and sponsored content are clearly identified throughout the Site

Endorsement Standards

All endorsements and reviews on this Site reflect the honest opinions, findings, beliefs, or experiences of the endorser. We do not publish fake reviews or misleading testimonials. Where compensation has been received for an endorsement, this is clearly disclosed in compliance with FTC requirements.

FTC & Regulatory References

This disclosure is made in compliance with the Federal Trade Commission (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255. Upmos Inc participates in affiliate marketing programs through Impact.com and SocialSnowball.io, among other networks. Material connections between Upmos Inc and affiliate partners are disclosed transparently in accordance with FTC requirements.

—

Testimonials Disclaimer

Individual Results May Vary

Testimonials on our Site reflect the personal experiences and opinions of individual users. We do not claim that all users will have the same results. YOUR INDIVIDUAL RESULTS MAY VARY.

• Testimonials are not representative of all user experiences
• Experiences are specific to each individual’s situation
• Success depends on many individual factors beyond our control
• Results cannot be guaranteed

Testimonial Review & Authenticity

• All testimonials are reviewed before publication
• They appear verbatim except for grammar/typing corrections
• Some testimonials may be shortened for brevity
• Testimonials submitted via text, audio, or video formats

Important: Medical Claims Not Made

Testimonials are NOT claims that our products or services can:

• Diagnose, treat, mitigate, or cure any disease
• Prevent or treat medical conditions
• Replace professional medical advice
• Provide clinically proven results

THE VIEWS AND OPINIONS IN TESTIMONIALS BELONG SOLELY TO THE INDIVIDUAL USER AND DO NOT REFLECT OUR VIEWS OR OPINIONS.

—

External Links Disclaimer

This Site may contain links to external websites, third-party resources, and services that are not owned, operated, or controlled by Upmos Inc. We provide these links for your convenience and reference only.

Third-Party Website Disclaimer

• We do not control, endorse, or assume responsibility for the content, privacy policies, terms of service, or practices of any third-party websites
• Accessing third-party websites is at your own risk and subject to those websites’ terms and policies
• We are not liable for any loss or damage arising from your use of third-party websites or reliance on their content
• The inclusion of any link does not imply our endorsement, sponsorship, or recommendation of the linked website or its operators

Link Availability

We make reasonable efforts to ensure that links on our Site are functional and lead to appropriate destinations. However, we cannot guarantee that all external links will remain active, accurate, or available at all times. Websites may change their URLs, content, or cease operations without notice to us.

User Due Diligence

We strongly encourage you to review the privacy policies, terms of service, and disclaimers of any external website before providing personal information or engaging in transactions. Upmos Inc bears no responsibility for the data collection practices, security measures, or content accuracy of third-party websites.

—

Intellectual Property

All content, features, and functionality on this Site — including but not limited to text, graphics, logos, icons, images, audio clips, video content, data compilations, software, and the compilation thereof — are the exclusive property of Upmos Inc or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Trademarks

“Upmos,” the Upmos logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Upmos Inc or its affiliates. You may not use these marks without prior written permission from Upmos Inc. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Permitted Use

• You may view, download, and print content from this Site for your personal, non-commercial use only
• You may not modify, reproduce, distribute, republish, display, post, or transmit any content without prior written consent
• You may not create derivative works from any content on this Site
• You may not use any data mining, robots, or similar data gathering or extraction methods on our content

Copyright Protection

Unauthorized use of any materials on this Site may violate copyright laws, trademark laws, privacy and publicity laws, and communications statutes and regulations. Violators will be prosecuted to the fullest extent of the law.

—

User Responsibility

By accessing and using this Site, you acknowledge and agree that you are solely responsible for your actions, decisions, and their consequences. Upmos Inc provides information for educational and informational purposes only.

Your Obligations

• Independent Verification: You are responsible for independently verifying any information obtained from this Site before making decisions
• Professional Consultation: You agree to seek appropriate professional advice (medical, legal, financial, or otherwise) before acting on any information found on this Site
• Personal Judgment: You acknowledge that all decisions made based on content from this Site are made at your own discretion and risk
• Compliance: You are responsible for ensuring that your use of this Site complies with all applicable local, state, federal, and international laws and regulations
• Account Security: If you have an account, you are responsible for maintaining the confidentiality of your credentials and for all activities under your account
• Accurate Information: You agree to provide accurate, current, and complete information when interacting with our Site or services

Assumption of Risk

You expressly agree that your use of this Site and any products, services, or information obtained through it is at your sole risk. You assume full responsibility for any outcomes resulting from your reliance on content published on this Site.

Privacy & Data Protection

Your use of the Site is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information. By using the Site, you acknowledge:

• Data Protection Laws: Upmos Inc complies with applicable data protection laws including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA/CPRA), and other applicable privacy regulations in jurisdictions where we operate
• Data Breach Notification: In the event of a security incident or data breach affecting your personal information, Upmos Inc will notify affected users in accordance with applicable data breach notification laws. While we implement industry-standard security measures (SSL/TLS encryption, PCI DSS compliance), no system is completely secure. Upmos Inc disclaims liability for unauthorized access resulting from factors beyond our reasonable control
• Cookies & Tracking: Our Site uses cookies and similar tracking technologies as described in our Cookie Policy. By continuing to use the Site, you consent to our use of cookies in accordance with applicable law

—

Indemnification

You agree to defend, indemnify, and hold harmless Upmos Inc, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from:

• Any violation of these Disclaimer terms by you
• Your use or misuse of this Site, its content, products, or services
• Any activity related to your account (including negligent or wrongful conduct)
• Your violation of any third-party rights, including intellectual property, privacy, or contractual rights
• Any content or information you submit, post, or transmit through the Site
• Your violation of any applicable laws, rules, or regulations

This indemnification obligation shall survive the termination of your use of the Site and any agreements between you and Upmos Inc. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

—

Severability

If any provision of this Disclaimer is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from this Disclaimer and shall not affect the validity and enforceability of any remaining provisions.

Continuation of Terms

• The remaining provisions of this Disclaimer shall continue in full force and effect
• Any invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent
• If modification is not possible, the provision shall be severed, and the remainder of this Disclaimer shall be interpreted as if such provision were never included
• The failure of Upmos Inc to exercise or enforce any right or provision of this Disclaimer shall not constitute a waiver of such right or provision

—

DMCA / Copyright Notice

Upmos Inc respects the intellectual property rights of others and expects users of our Site to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we will respond promptly to claims of copyright infringement committed using our Site.

Filing a DMCA Takedown Notice

If you believe that content on our Site infringes your copyright, please submit a written notification to our designated Copyright Agent containing the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material that is claimed to be infringing, with sufficient detail to locate it on the Site
4. Your contact information, including name, address, telephone number, and email address
5. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner

Copyright Agent Contact

DMCA notices should be sent to:

• Email: support@upmos.com (Subject: DMCA Notice)
• Mail: Upmos Inc, Attn: Copyright Agent, 9896 Bissonnet St, Houston, TX 77036, United States

Counter-Notification

If you believe your content was wrongfully removed due to a mistake or misidentification, you may submit a counter-notification to our Copyright Agent. Counter-notifications must comply with the requirements of Section 512(g) of the DMCA. Upmos Inc reserves the right to terminate accounts of repeat infringers in accordance with the DMCA and other applicable laws.

—

Arbitration & Dispute Resolution

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

Agreement to Arbitrate

You and Upmos Inc agree that any dispute, claim, or controversy arising out of or relating to this Disclaimer or the breach, termination, enforcement, interpretation, or validity thereof, or to your use of the Site (collectively, “Disputes”), will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court.

Arbitration Rules

• Arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Consumer-Related Disputes Supplementary Procedures
• The arbitration shall take place in Harris County, Texas, or at another mutually agreed location
• The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction
• The arbitrator may award the same damages and relief that a court could award

Class Action Waiver

YOU AND UPMOS INC AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING. Unless both you and Upmos Inc agree otherwise, 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.

Opt-Out Right

You may opt out of this arbitration provision by sending written notice to support@upmos.com within 30 days of first accepting these terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration clause. If you opt out, all other provisions of this Disclaimer will continue to apply.

Governing Law

This Disclaimer and any disputes arising from or related to it shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict of law principles. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Harris County, Texas.

—

FREQUENTLY ASKED QUESTIONS (FAQ)

Below are answers to common questions about this Disclaimer, organized by topic. For questions not covered here, contact support@upmos.com or call 1(855)637-2433.

General Questions

Affiliate & FTC Questions

Legal Protection Questions

Marketplace & Vendor Questions

Related Policies & Information

For comprehensive information about your rights and our practices:

Privacy & Data

• Privacy Policy
• CCPA Privacy Rights
• Cookie Policy

Legal Terms

• Terms of Use
• Acceptable Use Policy
• End User License Agreement

Commerce Policies

• Return Policy
• Shipping & Delivery
• Cash Back Rewards