1. ACCEPTANCE OF THE TERMS
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 Taxpayer
Register (CNPJ) under no. 08.184.140/0001-79, and by UPX US LLC, headquartered at
UPX US LLC 318, Atlantic Isle, Sunny Isle Beach, 33160 – FL – USA, firstname.lastname@example.org.
By using our websites, solutions and services you agree to all the terms and conditions of
use, so please read them carefully. If you disagree with UPX terms and policies, do not use
the websites, solutions and services.
As UPX delivers a wide range of solutions and services, based on our firm commitment to
constantly improve and innovate, additional Terms, Licenses and Agreements may provide
clauses and use conditions specific to each case. Such documents will be available to each
customer 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. If
you are a minor, over the age of fifteen (15), the use and contracting may only be carried out
by your legal representative. If you represent a company, you must be a legally valid
representative 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 is
intended and may not use it to commit violations or offenses, whether administrative or
illegal, 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 as
ASN Monitor, which monitors, for example, BGP advertisements, ASN, IP prefixes and
transit providers, among others. In such cases, the user declares that he or she is authorized
under US or Brazilian law, depending on the territory of use and owner of the monitored
data, to monitor or search his or her own data or those of third parties, exempting UPX from
any 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 not
limited to, breaking into third parties’ computers, obtaining illicit and illegal data, spreading
viruses, spyware, adware, child pornography, database hacking, among several other types
of wrongdoing and offences against the law, public order and morality, as well as damaging
UPX servers and software.
In case of misuse, UPX may immediately suspend, without prior notice, the access and use
of its services to comply with legal provisions or to prevent the continuity of the infringement
of 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 clauses
of 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 fines
for 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 informed
and 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 content
that infringes the law and may suspend the services in case of suspected infringement or
illegality, as well as delete them if there is a risk of damage to its own server equipment or
The user is also responsible for the password created and supplied, being entirely
responsible for its security, and should take every care so that third parties do not discover it
and 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 to
perform the registration and contracting of its services, and such data will be duly stored and
accessed by the user in his/her dashboard, and its use and transmission to third parties will
only be performed when necessary for the execution of the contracted service. Regarding
the privacy, collection, handling, storage, use and transmission of your personal data, please
4. INTELLECTUAL PROPERTY
All UPX websites, solutions and services, brands, patents and software are its exclusive
property. We seek the satisfaction of our customers and users, with maximum efficiency, but
the use of our services does not transfer to the user any intellectual property rights over
them, which are provided in the form of license of use.
Thus, the user may not disclose the brands, solutions and services of UPX without
authorization or as their own. Likewise, the user shall not carry out actions that harm the
copyrights or software of UPX, or third party rights, such as, but not limited to: reverse
engineering, code decompilation, copying, even partially, of the source code or designs,
layout, brands, slogans, modifications in the software, maneuvers to break security or
access other users; accounts, theft of passwords and third party data, among other harmful
and 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 the
General Data Protection Law.
The License of Use for UPX services is provided individually for each user, there may be a
contract or specific term for each service, which may not be transferred to third parties
without our authorization.
The user may also not provide third parties with confidential data that he/she may come
across 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 solutions
and services “as is”, so there are no express or implied warranties, including implied
warranties of non-infringement, merchantability and fitness for a specific purpose.
We make no representations about the content on the services. Furthermore, we disclaim
any warranty that (a) the services or solutions will meet your requirements or will be
constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from
the use of the Services or Software will be effective, 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 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 the
possibility of such loss or damages), including losses and damages (a) resulting from loss of
use, data or profits, whether or not foreseeable, (b) based on any theory of liability, including
breach of contract or warranty, negligence or other tort, or (c) arising from any other claim
arising 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 our
employees; willful misconduct, or for death or personal injury.
UPX will also not be responsible for the safekeeping and backup of files eventually stored in
its 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) and
service guarantee or efficiency clauses may be provided for, according to the specific
contract 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 for
authorization from the user(s) or third parties. We will notify users when the term is updated
via e-mail, internal system or other form of contact provided for in the contract. Changes in
the Terms due to legal requirements will not give rise to the right to terminate the contract
without payment of a fine, if provided for.
Depending on the type of service and its territorial scope, the American legislation of the
State of Florida may be applied, being the courts of Miami-FL, USA competent to judge any
question related to the UPX services, as well as the Brazilian legislation may be applied, with
competent jurisdiction in Campinas-SP, each license or service contract will have specific
provisions 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 shall
have jurisdiction, prevailing, in any case, the provisions of the specific contract of each UPX