Welcome to UPX. All our products and services are provided by UPX TECNOLOGIA LTDA, located at Rua Guapuruvu, No. 200, Room 02, ZIP Code 13.098-322, ALPHAVILLE CAMPINAS, CAMPINAS-SP, Brazil, registered under CNPJ/MF No. 08.184.140/0001-79, and by UPX US LLC, located at 16901 Collins Ave Stre 3601, Sunny Isles Beach, FL, USA, 33160-5353 – USA, contact@upx.com. By using our websites, products, and services ("UPX services"), you agree to all terms and conditions of use. Please read them carefully. If you disagree with UPX’s terms or policies, do not use our websites, products, or services. Given that our products and services are varied and continuously evolving, as UPX seeks constant improvement and innovation, additional Terms, Licenses, and Agreements may set forth specific terms and conditions for each product or service. Such documents will be made available to each customer and user through their access dashboard upon subscription.
2. PERMISSIONS AND LIMITATIONS OF USE
Use of UPX websites, products, and services, including ASN Monitor service ("UPX services") is only permitted for individuals of legal age and companies. If you are underage, over the age of 15, use and contracting are only allowed through your legal representative. If you represent a company, you must be a valid legal representative (e.g., employee, manager, partner, or authorized agent). Users may not use UPX services for purposes other than those intended, nor may they use them to commit administrative or criminal offenses, and must comply with the laws of Brazil, the United States, and their own country. Therefore, it is strictly forbidden to use the services to commit crimes or infractions, such as (but not limited to): unauthorized access to third-party systems, illegal data collection, malware distribution (viruses, spyware, adware), child pornography, database intrusion, or any other unlawful acts that may compromise public order or the integrity of UPX systems and software. In cases of misuse, UPX may immediately suspend access to its services without prior notice, either to comply with legal obligations or to prevent continued violation of the applicable terms, policies, licenses, or agreements. Services may be canceled by either the user or UPX, subject to the specific contractual clauses applicable to each type of service. As for payments, they may be made through various methods and are subject to fees and penalties for delays, as outlined in the applicable service contract.
3. CONTENT AND DATA
Each user is solely and entirely responsible for the accuracy and legality of the data and content provided to UPX, including files (texts, documents, messages, emails, images, videos, audio, etc.) and information. UPX will not be liable for any unlawful or illegal content, and may suspend services or delete data in the event of suspected violations or risk of harm to its own servers or software. Users are also responsible for safeguarding the credentials they create. They must take appropriate care to ensure their passwords are protected and not disclosed to third parties, especially those they do not trust. In accordance with the Brazilian Internet Bill of Rights (“Marco Civil da Internet” - Law No. 12.965/2014) and the Brazilian General Data Protection Law – LGPD (Law No. 13.709/2018), UPX will require user data to enable registration and service provisioning. Such data will be securely stored and accessible to the user through their dashboard. Use or disclosure to third parties will only occur when necessary for service execution. For more on how personal data is collected, stored, and processed, please see our Privacy Policy: www.upx.com/politicadeprivacidade.
4. INTELLECTUAL PROPERTY
All websites, products, services, trademarks, patents, and software belonging to UPX are its exclusive property. While UPX strives to provide clients with high-quality service, using UPX services does not confer any intellectual property rights to the user. All usage is granted strictly under a limited license. Therefore, users may not disclose, reproduce, or claim ownership of UPX’s trademarks, products, or services without express authorization. Actions that may infringe upon copyright or software protection are strictly prohibited, including (but not limited to): reverse engineering, code decompilation, partial or full source code or design copying, software modification, security circumvention, unauthorized access to other users' accounts, or theft of passwords and personal data. UPX also respects third-party intellectual property rights and complies with Brazilian and U.S. legislation, such as the U.S. Digital Millennium Copyright Act (DMCA), as well as Brazil’s Internet Bill of Rights and LGPD. The license to use UPX services is personal and non-transferable unless otherwise agreed upon. Users may not disclose confidential information obtained through UPX services to third parties without prior authorization. Please use our services responsibly to ensure the best experience.
5. DISCLAIMER OF WARRANTIES AND LIABILITY
To the fullest extent permitted by Brazilian and U.S. law, UPX and its suppliers provide all products and services “as is,” with no express or implied warranties, including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose. We make no commitments regarding the content within the services. We disclaim any guarantees that: (a) the services or software will meet your requirements or be uninterrupted, timely, secure, or error-free; (b) the results from using the services or software will be accurate or reliable; (c) the quality of the services or software will meet your expectations; or (d) any errors or defects in the services or software will be corrected. We are not liable for loss of use, data, profits, or for any special, incidental, indirect, consequential, or punitive damages, regardless of cause (even if we were informed of the possibility), including but not limited to: (a) loss arising from data or profit loss, foreseeable or not; (b) liability theories, including contract breach, warranty, negligence, or tort; (c) any other claims related to your use or access to the services or software. Nothing in these Terms limits or excludes our liability for gross negligence, willful misconduct, or personal injury or death caused by our employees. UPX is not responsible for data backup of files stored on its servers. Users must maintain their own copies of all documents and data uploaded. Depending on the type of service contracted, specific Service Level Agreements (SLAs) and service guarantees may apply as defined in the applicable contract.
6. MODIFICATIONS AND APPLICABLE LAW
These Terms may be amended by UPX at any time, at its sole discretion, without the need for prior authorization from users or third parties. Updates will be communicated via email, internal systems, or other means provided in the contract. Legal updates to the Terms do not entitle users to terminate the contract without penalty, if a penalty is contractually provided. Depending on the nature and territorial scope of the services, applicable law may be that of the State of Florida, USA, with jurisdiction assigned to the courts of Miami, Florida, USA. Alternatively, Brazilian law may apply, with jurisdiction assigned to the courts of Campinas, São Paulo, Brazil. Each service license agreement will specify the applicable legal framework. In the event of doubt or conflict regarding applicable law, Brazilian law and the courts of Campinas-SP shall prevail, unless otherwise agreed in the specific contract.