Welcome to upperly.com (“we”, “us”, or “our”), the marketing campaign creator Software as a Service (SaaS) platform. By accessing or using our services, you (“you”, “your”, or “user”) agree to be bound by these Terms of Use (“Terms”). Please read these Terms carefully before using our services. If you do not agree to these Terms, you are not authorized to access or use our services.
Registration and Account
To access and use our services, you must create an account with us. You agree to provide accurate, current, and complete information during the registration process and keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and are liable for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized access or use of your account.
License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use our services for your internal business purposes only.
Prohibited Uses
You agree not to use our services for any illegal, fraudulent, or unauthorized purposes, including but not limited to:
a. Violating any applicable laws, regulations, or industry standards.
b. Infringing upon any third-party rights, including copyright, trademark, privacy, or intellectual property rights.
c. Creating, distributing, or promoting any material that is obscene, defamatory, offensive, or harmful.
d. Interfering with or disrupting the operation of our services or other user’s enjoyment of our services.
Intellectual Property Rights
All intellectual property rights in our services, including but not limited to copyrights, trademarks, and patents, are owned by or licensed to us. You agree not to copy, modify, distribute, or reverse engineer any part of our services, nor use any data mining, robots, or similar data gathering and extraction tools.
Third-Party Content
Our services may include content, data, or links to third-party websites or services. We do not control, endorse, or assume responsibility for such content, data, or services, and you access them at your own risk.
Fees and Payment
You agree to pay all applicable fees for our services as specified during registration or in any subsequent billing agreement. All fees are non-refundable and non-transferable, except as expressly provided in these Terms. We reserve the right to modify our fees at any time, with prior notice to you.
Termination
We reserve the right to terminate your access to our services at any time, with or without cause, and with or without prior notice. Upon termination, your right to use our services will cease immediately, and you must promptly delete all copies of our materials in your possession or control.
Disclaimer of Warranties
Our services are provided “as is” and “as available” without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability
In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of our services, even if we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from and against any claims, liabilities