Our terms
Please read these Terms and Conditions (“Terms”, “Terms of Service”,
“Terms and Conditions”) carefully before using the Upbase website and the Upbase application
(together, or individually, the “Service”) operated by Upbase LLC (“us”,
“we”, or “our”).
Your access to and use of the Service is conditioned upon
your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who
wish to access or use the Service.
By accessing or using the Service you agree to be bound by these
Terms. If you disagree with any part of the terms then you do not have permission to access the
Service.
Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional
materials and other information we may send. However, you may opt out of receiving any, or all, of these
communications from us by following the unsubscribe link or instructions provided in any email we
send.
Subscriptions
The Service is billed on a subscription basis (“Subscription(s)”).
You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing
cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select
when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you cancel it or Upbase LLC cancels it. You may
cancel your Subscription renewal either through your online account management page or by contacting Upbase
LLC customer support team.
A valid payment method, including credit card, is required to process
the payment for your Subscription. You shall provide Upbase LLC with accurate and complete billing
information including full name, address, state, zip code, telephone number, and a valid payment method
information.
By submitting such payment information, you automatically authorize Upbase LLC to
charge all Subscription fees incurred through your account to any such payment instruments.
Should
automatic billing fail to occur for any reason, Upbase LLC will issue an electronic invoice indicating
that you must proceed manually, within a certain deadline date, with the full payment corresponding to the
billing period as indicated on the invoice.
Refunds
For paid accounts, we provide a
satisfaction guarantee for all services. If you aren’t satisfied for any reason, simply contact us
within 30 days, and we’ll be happy to issue a full refund. Kindly note, however, that we reserve the
right to revoke refund privileges (on an individual basis) if we determine abuse of this policy has
occurred.
In the event you have a paid account, fees are non-refundable except as required by law or
in the event that you cancel your account during the 30-day money back guarantee period. You will pay all
applicable fees when due and, if such fees are being paid via credit card or other electronic means, you
authorize us to charge such fees using your selected payment method. By default, customer accounts are set
to auto-renew and we may automatically charge you for such renewal on or after the renewal date associated
with your account unless you have cancelled the Service prior to its renewal date. We may revise fee rates
for the Service from time to time and will provide you with email notice of any changes in fees at least
thirty (30) days prior to your Service renewal date. You are responsible for providing complete and accurate
billing information to Upbase. We may suspend or terminate your use of the Service if fees become past due.
You are responsible for all taxes (excluding taxes on our net income), and we will charge tax if required to
do so by law.
Free Trial
Upbase LLC may, at its sole discretion, offer a Subscription with a
free trial for a limited period of time (“Free Trial”).You may be required to enter your billing
information in order to sign up for the Free Trial.If you do enter your billing information when signing up
for the Free Trial, you will not be charged by Upbase LLC until the Free Trial has expired.
On the
last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged
the applicable Subscription fees for the type of Subscription you have selected.
At any time and
without notice, Upbase LLC reserves the right to (i) modify the terms and conditions of the Free Trial
offer, or (ii) cancel such Free Trial offer.
Fee Changes
Upbase LLC in its sole discretion
and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
Upbase LLC will provide you with a
reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective. Your continued use of the Service after the Subscription
fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Content
Our
Service allows you to post, link, store, share and otherwise make available certain information, text,
graphics, videos, or other material (“Content”). You are responsible for the Content that you
post on or through the Service, including its legality, reliability, and appropriateness.
By posting
Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it)
and/or you have the right to use it and the right to grant us the rights and license as provided in these
Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We
reserve the right to terminate the account of anyone found to be infringing on a copyright.
You
retain any and all of your rights to any Content you submit, post or display on or through the Service and
you are responsible for protecting those rights. We take no responsibility and assume no liability for
Content you or any third party posts on or through the Service. However, by posting Content using the
Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce,
and distribute such Content on and through the Service. You agree that this license includes the right for
us to make your Content available to other users of the Service, who may also use your Content subject to
these Terms.
Upbase LLC has the right but not the obligation to monitor and edit all Content
provided by users.
In addition, Content found on or through this Service are the property of Upbase
LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or
use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express
advance written permission from us.
Accounts
When you create an account with us, you guarantee
that you are above the age of 18, and that the information you provide us is accurate, complete, and current
at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of
your account on the Service.
You are responsible for maintaining the confidentiality of your account
and password, including but not limited to the restriction of access to your computer and/or account. You
agree to accept responsibility for any and all activities or actions that occur under your account and/or
password, whether your password is with our Service or a third-party service. You must notify us immediately
upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as
a username the name of another person or entity or that is not lawfully available for use, a name or
trademark that is subject to any rights of another person or entity other than you, without appropriate
authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Copyright
Policy
We respect the intellectual property rights of others. It is our policy to respond to any
claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”)
of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you
believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please
submit your claim via email to
[email protected], with the subject line: “Copyright Infringement”
and include in your claim a detailed description of the alleged Infringement as detailed below, under
“DMCA Notice and Procedure for Copyright Infringement Claims”You may be held accountable for
damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the
infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and
Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital
Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing
(see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright’s interest;
- A description of the
copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the
location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the
URL or other specific location on the Service where the material that you claim is infringing is
located;
- Your address, telephone number, and email address;
- A statement by you that you
have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the
law;
- A statement by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the copyright owner’s
behalf.
Intellectual
Property
The Service and its original content (excluding Content provided by users), features and
functionality are and will remain the exclusive property of Upbase LLC and its licensors. The Service is
protected by copyright, trademark, and other laws of both the Singapore and foreign countries. Our
trademarks and trade dress may not be used in connection with any product or service without the prior
written consent of Upbase LLC.
Links To Other Web Sites
Our Service may contain links to
third party web sites or services that are not owned or controlled by Upbase LLC.
Upbase LLC has
no control over, and assumes no responsibility for the content, privacy policies, or practices of any third
party web sites or services.
We do not warrant the offerings of any of these entities/individuals or
their websites.You acknowledge and agree that Upbase LLC shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any such third party web sites or
services.We strongly advise you to read the terms and conditions and privacy policies of any third party web
sites or services that you visit.
Termination
We may terminate or suspend your account and bar
access to the Service immediately, without prior notice or liability, under our sole discretion, for any
reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you
wish to terminate your account, you may simply discontinue using the Service.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.
Indemnification
You agree to defend, indemnify and hold harmless Upbase LLC and
its licensee and licensors, and their employees, contractors, agents, officers and directors, from and
against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney’s fees), resulting from or arising out of a) your use and
access of the Service, by you or any person using your account and password; b) a breach of these Terms, or
c) Content posted on the Service.
Limitation Of Liability
In no event shall Upbase LLC, nor
its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including without limitation, loss of profits, data,
use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to
access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content
obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not
we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to
have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk.
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is
provided without warranties of any kind, whether express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, non-infringement or course of
performance.
Upbase LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the
Service will function uninterrupted, secure or available at any particular time or location; b) any errors
or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the
results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not
allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms
shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of
law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a
waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court,
the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior agreements we might have had between
us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or
replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to
any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By
continuing to access or use our Service after any revisions become effective, you agree to be bound by the
revised terms. If you do not agree to the new terms, you are no longer authorized to use the
Service.