Terms of Service

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UpStride Terms of Service

Effective from February 1, 2024

When you build your UpStride account, you must provide correct details.
You will hold accountable for the protection of your password and all of your activities while using your account. Without any delay, you must let us know if you sense any security breach or illegal practice of your account.
It is strictly prohibited not to use another user’s account without having proper authorization.
A human being must create your account. Bots or other automated methods of account registration are not allowed.
You should not use the Service in any way that is unlawful or unauthorized. You acknowledge to obey all laws, rules, and regulations of our Service and your Content.
We will not refund the fees (if you are a paid account holder) in case you cancel the account prior to the expiry date of 30-days money back guarantee period. You agree to pay all relevant fees when they are due, and if you want to pay by credit card or other electronic means, you allow us to charge your chosen payment method. Customer accounts will be renewed automatically by default. If you do not change the setting before the renewal date, you will be charged. We reserve the right to adjust the fee rates for the Service at any time, and we will send you an email notice of any changes at least thirty (30) days before your Service renewal date.

You are responsible for providing UpStride with correct and full billing details. Your permission to use our “Service” will be canceled if you do not pay your fees before the expiry date. You are responsible for all taxes ( the taxes on our net income is not your concern), and if law requires, we may charge tax.
We offer a satisfaction guarantee on all provided for paying accounts. Simply notify us within 30 days if you are not pleased for whatever reason, and we will gladly issue a full refund.

2. To Use the Services of UpStride

Any rules made available to you inside the Services must be followed.

And don’t abuse our services. For instance, don’t mess with our Services or try to use a method other than the interface and instructions we provide to access them. Maintaining the export and re-export control laws and regulations, you can use our Services. If you do not agree with our terms and conditions, or if we are examining alleged wrongdoings, we can suspend or stop providing our Services to you.
You are not permitted to acquire any intellectual property rights in our Services by using them. Unless you seek permission from the content’s owner or are otherwise allowed by statute, you can not use content from our Services. These terms do not give you permission to use any of our Services’ branding or logos. Any legal notices shown in or along with our Services should not be removed, obscured, or altered.
We can send you service announcements, administrative messages, and other information in connection with your use of the Services. You have the option of opting out of any of those communications.
You are requested not to use such Services that may distract and prevent you from following traffic or safety laws.

3. Your UpStride Account

To use any of our services, you will need a UpStride Account. Keep your password private to secure your UpStride account. You will hold responsible for all the operations on or through your UpStride Account. Avoid reusing your UpStride Account password on third-party apps.

4. Privacy and Copyright Safety

The UpStride “Privacy Policy” outlines how we handle and secure your personal data while you use our services. You accept that UpStride will use such data in compliance with our privacy policy if you use our Services.

5. Contents You Provide in Our Services

You can make, upload, apply, save, send, and receive content using any of our Services. Any intellectual property rights you have in the material are yours to keep. In other words, everything you own remains yours.

More specifics about how UpStride uses and stores content can be found in the “Privacy Policy” or the additional terms for specific Services. If you provide us with feedback or suggestions about our Services, we can use them without your permission.

6. About Software of UpStride Services

When we will release a new version or feature of any software, it will be updated automatically in your device. You may be able to change the settings for automatic updates on certain Services.

UpStride grants you a non-exclusive, personal, worldwide, royalty-free license to use the software offered by UpStride as part of the Services. The purpose of this license is to permit you to use and profit from the UpStride Services preserved by these terms. Without the permission of laws or our written permission, you may not copy, change, distribute, sell, or lease any portion of our Services or included software.

7. Modification and Termination of Our Services

We may change these terms that apply to a Service to, for instance, reflect changes to the law or changes to our Services. Everyday have a look at the terms and conditions. We’ll post notice of changes to the terms on this page. The modifications will not be effective after 14 days of being posted.

However, new functions for a Service or changes made for legal reasons will not be ineffective. If you do not agree to the modified terms for a Service, you should not continue the use of our Service.

If there is an issue between these terms and the additional terms, the additional terms will control for that issue.

8. UpStride Warranties and Disclaimers

We give our Services using a commercially reasonable level of skill and care and we are optimistic that you will enjoy using them. But there are certain things that we don’t promise about the Services we provide.

Besides AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, OR NEITHER UpStride NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES.

SOME JURISDICTIONS GIVE FOR CERTAIN WARRANTIES, LIKE FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THE IMPLIED WARRANTY OF MERCHANTABILITY. TO THE EXTENT PERMITTED BY LAW, WE DO NOT ACCEPT ALL WARRANTIES.

9. Rights

Ownership. For purposes of the Terms we provided:

Content describes any information, data, text, files, tips, usernames, pictures, profiles, images, photos, flow chart, audio and videos, musical works, sounds, works of authorship, applications, links, generated activities and associated information, text, files and other articles.
User Content refers to any Content that Account holders give to be made available through the Services. Content augments without limitation User Content.

Content Ownership of the Content We Make

Unless otherwise specified, all resources found on or inside the Services, including but not confined to text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “UpStride Content”), along with their selection and arrangement, are protected under copyright law, trademark, trade dress, patent, and/or other intellectual property rights. As per our terms and conditions described here, we will never permit you to use our material that violates our rules and regulations. Except as expressly specified in these Terms, you will not misuse UpStride products. You agree that the Services and Content are covered under United States or other foreign countries’ copyright, trademark, and other rules.
Rights in User Content

We hold no ownership rights in the Content that you send or build in your UpStride Service account. Any content that you own remains your property. Except for the limited rights required for us to provide the UpStride Service to you, these Terms of Service do not give us any licenses or rights to your Content. Despite the above, we can access Content in order to assess how we can enhance our Service and to gauge customer satisfaction.

Likewise, any reporting data we receive as a result of your use of the UpStride Service is yours to keep. Through using the UpStride Service, you accept that we will use this data to provide the UpStride Service to you, and that we can combine this data with the anonymized data of other organizations to provide benchmarking, public reports, or otherwise use it to provide the UpStride Service, as long as the data is anonymized and does not identify you

Alerts and Notification

1. We may send you “Notifications” including text messages, alerts, emails, or other types of messages to inform you of our latest services. You have complete control over the Notifications settings, and you can opt in or out of them through the Services (with the possible exception of infrequent, important service announcements and administrative messages).

2. You agree that we may put ads and promotions on the Service combined with your Content if any of the Service is funded by advertising revenue. Without prior notice to you, the manner, mode, and extent of such ads and promotions can alter.

3. You agree that subscription programs, supported content, and commercial messages can not always be identified as such.

4. You acknowledge and agree that: (i) you own or otherwise have the right to grant the rights and licenses set out in these Terms of Use to your Content; (ii) Your Content in the Service does not breach the rights of any third party, including, its privacy policy; and (iii) the posting and use of your Content on or through the Service does not violate, misappropriate.

5. The UpStride name and logo are the trademarks of UpStride Inc, and they can not be reproduced, imitated, or used in whole or in part without our written approval. None can copy, imitate, or use the whole or any part of our page headers, button icons, custom graphics, scripts, or any other content without our written authorization because all of them are our service trademarks.

6. While we strive to keep the Service up and running as much as possible, there may be times when it is unavailable, such as for planned maintenance or updates, emergency repairs, unscheduled downtime, system and server failures, or telecommunications connection and/or equipment failure. As a result, we recommend that you keep a copy of your Content on your own device. To put it another way, we do not provide a backup service, and you accept not to depend on us for storing or backpacking your content. We will not be accountable to you if any of your Content is lost.

7. You acknowledge and accept that we are not liable for, and do not support, any Content posted through the Service. We are not obligated to screen, track, edit, or delete any Content. You can be held legally responsible for the Content if it breaches these Terms.

8. Except as otherwise specified in the Service’s Privacy Policy, all Content will be non-confidential and non-proprietary, and we will not be responsible for its use or disclosure. We will not be obligated to keep any of your Content confidential, and we will not be responsible for any use or disclosure of any Content you provide.

9. We permit you a non-transferable, non-exclusive, and revocable restricted license to utilize the Service completely for its designed goals, subject to your consent and continued compliance with these Terms and any other applicable policies. You agree not to use the Service for any other reason than what it was designed for.

This license can be terminated at any time. The following items are not included in this license:

• Our Content’s dissemination, public output, or public display
• Making any derivative use of the Services or Our Content, in whole or in part
• Scraping, data mining, robots, or other related data collection or extraction methods are prohibited
• Except as specifically permitted on the Services, downloading (other than page caching) any portion of the Services, Our Content, or any information found therein
• Using an unauthorized or third-party client to access our API
• Any use of the Services or Our Content other than for the purposes for which they were created
• The use of our Content or Service is strictly banned without our league authentication and the license will be terminated if we find such inconveniences

10. Our policy does permit you to provide such content that we have not requested and to which some particular terms and conditions may apply. This is to avoid any misconceptions if your thoughts are similar to those we have developed independently. You select to agree to the following while sending us content, suggestions, ideas, information, or other materials

We will disclose, reproduce, use, change, adapt, create derivative works from, display, publish, and distribute any User Submissions you give for any purpose without issue in any way. We shall be under no obligation to maintain any User Submissions in confidence and to pay to user any compensation for any User Submissions; or to respond to any User Submissions.

10. Limitation of Timing on Claims

You accept that any claim you may have arising out of or relating to your partnership with us must be lodged within one year of the occurrence of the claim; instead, your claim will be forever banned.

11. Legal Issues & Venue

These Terms are construed in accordance with the laws of the State of Delaware, without providing effect to any principles of conflicts of law AND WILL NOT BE ADMINISTERED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF PRODUCTS, IF OTHERWISE APPLICABLE. You agree to solve any dispute you have with us exclusively in a state or federal court dotted in Delaware, DE, and to submit to the individual jurisdiction of the courts located in Delaware for any action.

12. Term for Termination

Ending of this agreement can happen any time, with or without notice, for any valid cause.

13. Severability and No Waiver

If any clause of these Terms is found to be unconstitutional, invalid, or unenforceable for any cause by an arbitrator or a court of competent jurisdiction, that provision will be considered severable from the rest of the Terms and will not impact the validity and enforceability of the remaining clauses. Any failure by us to insist on or enforce strict compliance with these Terms will not be construed as a waiver of that clause or right. Any waiver will not be depicted as a further or continuing waiver of that or any other term and condition.

14. Comprehensive Agreement

Usage of the Services on behalf of a legal entity represents that you are authorized to enter into an agreement on behalf of that legal entity. These are the overall consent. The Terms also governs your use of the Service, superseding any beginning agreements between you and us.

You will not assign the Terms without the prior written consent of us. When our appropriate prior written consent is not taken by you, any purported delegation will be null and void.

15. Restrictions Based on Territory

The information contained in the Service is not designed for dissemination to or use by any individual or agency in any jurisdiction or country where such dissemination or use would be prohibited by law or regulation, or where we would be required to register under the laws of that jurisdiction or country. We reserve the right to limit the access to this company or any part of this support, to any individual, geographic area, or authority, and also to limit the amounts of any application, material, service, product, or another feature which we provide.

Export controls can apply to software connected to or made available by the Service in the United States. As a result, our Service can be downloaded, used, accessed, exported, or re-exported to any country that is banned by the Government of the United States. You assure that you are not a citizen of such a country to use our Service.

These Terms of Service were written in the English language (US). If any inconvenience occurs between a translated version of these Terms of Use and the English edition, the issue will be resolved in favor of the English version.

16. These Terms and You

The terms above control the relationship between UpStride and you. If you do not comply with the terms depicted above, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have like taking action in the coming days. A particular term which is not enforceable will not affect any other terms.

For more information, please contact info@upstride.com

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