Most Up - Terms and Conditions

Last Updated: April 24, 2025

Introduction

Welcome to Most Up ("the App"), operated by Hmmm Ltd ("we," "us," "our," or the "Company"). These Terms and Conditions ("Terms") govern your access to and use of the Most Up mobile application and all associated services, features, content, and functionality (collectively, the "Services").

By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App. Please read these Terms carefully before using the Services.

Definitions

In these Terms:

"Most Up" or "the App" refers to the mobile application operated by Hmmm Ltd.

"Services" means the App and all associated services, features, content, and functionality.

"User," "you," and "your" refer to any individual who accesses or uses the App.

"Content" refers to any information, data, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials you may view on, access through, or contribute to the Services.

"User Content" means Content that users submit, post, transmit, or otherwise make available through the Services.

"Leaderboard" refers to the feature within the App that displays users' financial information and rankings.

Eligibility

3.1. Age Requirement: You must be at least 16 years old to use the App. By using the App, you represent and warrant that you are at least 16 years of age.

3.2. Residency: The App is intended for use by residents of the United Kingdom. By using the App, you represent and warrant that you are a legal resident of the United Kingdom.

3.3. Capacity: You represent and warrant that you have the legal capacity to enter into these Terms and to use the Services in accordance with these Terms.

3.4. Compliance: Your use of the Services must comply with all applicable laws and regulations. You are responsible for ensuring that your use of the Services is in compliance with laws applicable to you.

Account Registration and Security

4.1. Account Creation: To use certain features of the Services, you must create an account. When creating your account, you must provide accurate, current, and complete information.

4.2. Account Security: You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4.3. One Account Per User: You may not create more than one account or transfer your account to someone else.

4.4. Account Termination: We reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion.

Open Banking and Financial Data Sharing

5.1. Open Banking Provider: The App uses GoCardless, a regulated open banking provider, to connect to your bank accounts. By using this feature, you consent to share your financial data with GoCardless and Hmmm Ltd.

5.2. Consent to Data Sharing: You explicitly consent to the sharing of your financial data, including account balances and transaction history, with the App and its users through the Leaderboard feature.

5.3. Data Accuracy: While we strive to ensure the accuracy of financial data displayed in the App, we cannot guarantee its absolute accuracy or timeliness. You acknowledge that there may be discrepancies or delays in the data displayed.

5.4. Third-Party Services: Your use of third-party services, including GoCardless, may be subject to separate terms and conditions. We are not responsible for any third-party services or their terms.

5.5. Revocation of Consent: You may revoke your consent to share financial data at any time by disconnecting your bank accounts from the App. However, doing so may limit your ability to use certain features of the Services.

Leaderboard and User Privacy

6.1. Leaderboard Participation: By using the App, you agree to participate in the Leaderboard feature, which displays your financial information to other users.

6.2. Information Displayed: The Leaderboard may display information including, but not limited to, your account balances, spending habits, and financial rankings.

6.3. Anonymity Option: You have the option to anonymize your profile on the Leaderboard by using the privacy settings within the App. When anonymized, your personal identifiers will be hidden, but your financial data will still contribute to the Leaderboard rankings.

6.4. User Discretion: You are solely responsible for managing your privacy settings within the App. We recommend regularly reviewing and adjusting your privacy settings to ensure they align with your preferences.

6.5. Data Retention: Your financial data may continue to be used in aggregated, anonymized form for Leaderboard statistics even if you choose to anonymize your profile or delete your account.

User Conduct and Prohibited Activities

7.1. Prohibited Activities: You agree not to engage in any of the following prohibited activities:

a) Violating any applicable laws, regulations, or third-party rights.

b) Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

c) Interfering with or disrupting the Services or servers or networks connected to the Services.

d) Attempting to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.

e) Using the Services for any illegal or unauthorized purpose.

f) Harassing, bullying, or stalking other users.

g) Collecting or storing personal data about other users without their express permission.

h) Posting or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

7.2. Content Restrictions: You agree not to post, upload, or share any Content that:

a) Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

b) You do not have a right to make available under any law or under contractual or fiduciary relationships.

c) Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.

7.3. Reporting Violations: If you become aware of any violation of these Terms, please report it to us immediately.

Intellectual Property Rights

8.1. Ownership: The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Hmmm Ltd, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2. License to Use: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your personal, non-commercial use.

8.3. Restrictions: You may not:

a) Modify, adapt, or hack the Services or modify another website so as to falsely imply that it is associated with the Services.

b) Use the Services in any way that violates any applicable local, state, national, or international law or regulation.

c) Engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Services.

8.4. User Content License: By posting, uploading, or sharing User Content on or through the Services, you grant Hmmm Ltd a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Hmmm Ltd's business operations.

Privacy and Data Protection

9.1. Privacy Policy: Our Privacy Policy, available at: https://camels-eat-mkx.craft.me/RzO606W8P9h63E, explains how we collect, use, and share information about you when you use the Services. By using the Services, you consent to our collection, use, and sharing of information as set forth in the Privacy Policy.

9.2. Data Protection Laws: We comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. We will only process your personal data in accordance with applicable data protection laws.

9.3. Data Subject Rights: You have certain rights under applicable data protection laws, including the right to access, correct, delete, or restrict the use of your personal data. To exercise these rights, please contact us using the information provided in Section 17.

9.4. Data Retention: We retain your personal data for as long as necessary to provide the Services and fulfill the purposes outlined in our Privacy Policy, unless a longer retention period is required or permitted by law.

Disclaimers and Warranties

10.1. "As Is" Basis: The Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied.

10.2. No Warranties: Hmmm Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

10.3. Financial Information: The financial information displayed on the App is for informational purposes only and should not be considered as financial advice. We do not guarantee the accuracy, completeness, or usefulness of this information.

10.4. Third-Party Content: We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website or featured in any user status submission.

Limitation of Liability

11.1. Exclusion of Liability: To the fullest extent permitted by applicable law, in no event will Hmmm Ltd, its affiliates, directors, employees, agents, suppliers, or licensors be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.

11.2. Limit on Liability: To the extent permitted by law, the total liability of Hmmm Ltd, for any claim under these Terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again) for the past twelve months.

11.3. Exceptions: Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Indemnification

You agree to indemnify, defend, and hold harmless Hmmm Ltd, its officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity, or privacy right; or (iv) any claim that your User Content caused damage to a third party.

Modifications to the Services and Terms

13.1. Changes to Services: We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You agree that Hmmm Ltd shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

13.2. Updates to Terms: We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.

13.3. Notification of Changes: If we make material changes to these Terms, we will notify you by email or by posting a notice on our website prior to the effective date of the changes. Your continued use of the Services after we make changes is deemed to be acceptance of those changes.

Termination

14.1. Termination by You: You may terminate your account and discontinue use of the Services at any time by following the instructions in the App or by contacting us.

14.2. Termination by Us: We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.

14.3. Effect of Termination: Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

14.4. Survival: All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Jurisdiction

15.1. Governing Law: These Terms and your use of the Services shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice or conflict of law provision or rule.

15.2. Jurisdiction: Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of England and Wales, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

Dispute Resolution

16.1. Informal Resolution: Before filing a claim against Hmmm Ltd, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email.

16.2. Arbitration: If a dispute is not resolved within 15 days of submission, you or Hmmm Ltd may initiate a formal proceeding.

16.3. No Class Actions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

General Provisions

17.1. Entire Agreement: These Terms constitute the entire agreement between you and Hmmm Ltd regarding the Services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.

17.2. No Waiver: Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.3. Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

17.4. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Hmmm Ltd without restriction.

17.5. Notices: Any notices or other communications provided by Hmmm Ltd under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services or via email.

Subscription Terms

18.1. Subscription Service

a) Most Up offers an auto-renewable subscription to access the app's features.

b) The subscription fee will be charged to your iTunes Account at confirmation of purchase.

c) Your subscription will automatically renew unless auto-renewal is turned off at least 24-hours before the end of the current subscription period.

d) Your iTunes Account will be charged for renewal within 24-hours prior to the end of the current period.

18.2. Subscription Management

a) You can manage your subscription and turn off auto-renewal by going to your Account Settings after purchase.

b) No refund will be provided for the unused portion of any subscription period.

18.3. Price Changes

a) If the price of the subscription changes, you will be notified of the change and given the opportunity to continue at the new price.

b) Price changes will take effect at the next subscription renewal date.

18.4. Cancellation

a) You can cancel your subscription at any time through your iTunes Account settings.

b) The cancellation will take effect at the end of the current subscription period.

c) No partial refunds will be given for unused subscription periods.

18.5. Access to Services

a) An active subscription is required to access the app's features.

b) Upon cancellation, you will continue to have access to the services until the end of your current subscription period.

c) After your subscription ends, you will no longer have access to the app's features.

Contact Information

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

Email: anas@hmmm.team

By using the Most Up app, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Last updated: April 24, 2025