Welcome to UPX. All our solutions and services are provided by UPX TECNOLOGIA LTDA,headquartered at Rua Guapuruvu, nº 200, Sala 02, CEP [ZIP CODE] 13.098-322,ALPHAVILLE CAMPINAS, CAMPINAS-SP, Brazil, registered in the Corporate TaxpayerRegister (CNPJ) under no. 08.184.140/0001-79, and by UPX US LLC, headquartered atUPX US LLC 318, Atlantic Isle, Sunny Isle Beach, 33160 – FL – USA, contact@upx.com. By using our websites, solutions and services you agree to all the terms and conditions ofuse, so please read them carefully. If you disagree with UPX terms and policies, do not usethe websites, solutions and services. As UPX delivers a wide range of solutions and services, based on our firm commitment toconstantly improve and innovate, additional Terms, Licenses and Agreements may provideclauses and use conditions specific to each case. Such documents will be available to eachcustomer and user in their access dashboard upon contracting an UPX solution or service.
2. USE PERMISSIONS AND LIMITS
The use of UPX websites, solutions and services is only allowed to persons of legal age. Ifyou are a minor, over the age of fifteen (15), the use and contracting may only be carried outby your legal representative. If you represent a company, you must be a legally validrepresentative of the company, e.g. an employee, manager, partner or authorized agent. The user may not use UPX services for purposes other than those for which the service isintended and may not use it to commit violations or offenses, whether administrative orillegal, and must obey Brazilian and US law, as well as those of their own country. Some services may be used to monitor and collect user-specific or third party data, such asASN Monitor, which monitors, for example, BGP advertisements, ASN, IP prefixes andtransit providers, among others. In such cases, the user declares that he or she is authorizedunder US or Brazilian law, depending on the territory of use and owner of the monitoreddata, to monitor or search his or her own data or those of third parties, exempting UPX fromany liability in case of data collection without the authorization of a third party. Therefore, it is forbidden to use the services to commit crimes or offences, such as, but notlimited to, breaking into third parties'’' computers, obtaining illicit and illegal data, spreadingviruses, spyware, adware, child pornography, database hacking, among several other typesof wrongdoing and offences against the law, public order and morality, as well as damagingUPX servers and software. In case of misuse, UPX may immediately suspend, without prior notice, the access and useof its services to comply with legal provisions or to prevent the continuity of the infringementof the term, contract, policy or license of its services and solutions. The services may be cancelled, either by the user or by UPX, in compliance with the clausesof the specific contract for each type of service, if any. As for payments, these may be made in various ways and forms, as well as fees and finesfor delays may be applied, subject to the specific contract for the service.
3. CONTENT AND DATA
Each user is solely and entirely responsible for the veracity and legality of the data informedand for the content of the data, files (text, documents, messages, emails, image, video,audio, etc.) and information provided to UPX. UPX will not be responsible for undue contentthat infringes the law and may suspend the services in case of suspected infringement orillegality, as well as delete them if there is a risk of damage to its own server equipment orsoftware. The user is also responsible for the password created and supplied, being entirelyresponsible for its security, and should take every care so that third parties do not discover itand use it without authorization, avoiding supplying it to whom he/she does not trust. Also, in compliance with the provisions of Brazil's Internet Bill of Rights (Law No.12,965/2014) and the Data Protection Law (Law No. 13,709/18), UPX will need user data toperform the registration and contracting of its services, and such data will be duly stored andaccessed by the user in his/her dashboard, and its use and transmission to third parties willonly be performed when necessary for the execution of the contracted service. Regardingthe privacy, collection, handling, storage, use and transmission of your personal data, pleaserefer to our Privacy Policy available at www.upx.com.
4. INTELLECTUAL PROPERTY
All UPX websites, solutions and services, brands, patents and software are its exclusiveproperty. We seek the satisfaction of our customers and users, with maximum efficiency, butthe use of our services does not transfer to the user any intellectual property rights overthem, which are provided in the form of license of use. Thus, the user may not disclose the brands, solutions and services of UPX withoutauthorization or as their own. Likewise, the user shall not carry out actions that harm thecopyrights or software of UPX, or third party rights, such as, but not limited to: reverseengineering, code decompilation, copying, even partially, of the source code or designs,layout, brands, slogans, modifications in the software, maneuvers to break security oraccess other users; accounts, theft of passwords and third party data, among other harmfuland illegal actions. UPX also respects the copyright of third parties, observing the Brazilian and US legislations,such as the US Digital Millennium Copyright Act, and Brazil's Internet Bill of Rights and theGeneral Data Protection Law. The License of Use for UPX services is provided individually for each user, there may be acontract or specific term for each service, which may not be transferred to third partieswithout our authorization.The user may also not provide third parties with confidential data that he/she may comeacross when using UPX services without our authorization or breaching the law. Make a responsible use and have the best experience.
5. DISCLAIMERS AND GUARANTEES
To the extent permitted by Brazilian and US law, UPX and its suppliers offer their solutionsand services “as is”, so there are no express or implied warranties, including impliedwarranties of non-infringement, merchantability and fitness for a specific purpose. We make no representations about the content on the services. Furthermore, we disclaimany warranty that (a) the services or solutions will meet your requirements or will beconstantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained fromthe use of the Services or Software will be effective, accurate, or reliable; (c) the quality ofthe Services or Software will meet your expectations; or (d) any errors or defects in theServices or Software will be corrected. We are also not liable for any loss of use, data, profits, and any special, incidental, indirect,consequential or punitive damages, regardless of cause (even if you have advised us of thepossibility of such loss or damages), including losses and damages (a) resulting from loss ofuse, data or profits, whether or not foreseeable, (b) based on any theory of liability, includingbreach of contract or warranty, negligence or other tort, or (c) arising from any other claimarising out of or related to your use of or access to the services or solutions. Nothing in the Terms limits or excludes our liability for recklessness, for our or ouremployees; willful misconduct, or for death or personal injury. UPX will also not be responsible for the safekeeping and backup of files eventually stored inits servers, and the user must keep his/her own copy of all documents and data provided. Depending on the type of service contracted, specific SLA (Service Level Agreement) andservice guarantee or efficiency clauses may be provided for, according to the specificcontract and individually contracted by the user.
6. AMENDMENTS AND APPLICABLE LEGISLATION
This term may, at the sole discretion of UPX, be modified at any time, without the need forauthorization from the user(s) or third parties. We will notify users when the term is updatedvia e-mail, internal system or other form of contact provided for in the contract. Changes inthe Terms due to legal requirements will not give rise to the right to terminate the contractwithout payment of a fine, if provided for. Depending on the type of service and its territorial scope, the American legislation of theState of Florida may be applied, being the courts of Miami-FL, USA competent to judge anyquestion related to the UPX services, as well as the Brazilian legislation may be applied, withcompetent jurisdiction in Campinas-SP, each license or service contract will have specificprovisions on the subject. In case of doubt or conflict about the definition of applicable law,the Brazilian legislation shall be applied and the courts of Campinas, São Paulo, Brazil shallhave jurisdiction, prevailing, in any case, the provisions of the specific contract of each UPX service.