Terms of Use
1. Acceptance of Terms
Welcome to UPX. All our products and services are provided by UPX TECNOLOGIA LTDA, with address at Rua Guapuruvu, No. 200, Suite 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, headquartered at UPX US LLC 318, Atlantic Isle, Sunny Isle Beach, 33160 – FL – USA, contact@upx.com.
By using our websites, products, and services (“UPX services”), you agree to all terms and conditions of use, so please read them carefully. If you disagree with UPX's terms and policies, do not use the sites, products, and services.
As our products and services are varied, as UPX always seeks improvement and innovation, additional Terms, Licenses, and Contracts may provide specific clauses and conditions of use for each product or service. Such documents will be available to each client and user in their access panel when contracting UPX products and services.
2. Permissions and Limits of Use
The use of UPX websites, products, and services (“UPX services”) is permitted only for individuals of legal age. If you are a minor over 15 (fifteen) years of age, use and contracting may only be carried out by your legal representative. If you represent a company, you must be a legally valid representative thereof, e.g., employee, manager, partner, or authorized agent.
The user may not use UPX services for purposes other than those for which the service is intended, nor may they use them for the commission of infractions or illicit acts, whether administrative or illegal, and must obey the laws of Brazil and the USA, as well as those of their own country.
Some services may be used for monitoring and collecting specific data of the user or third parties, such as BGP Monitor or Vedatta services, which monitor, e.g., expectations of their announcements, ASN, IP prefixes and transit providers, credit cards, CPF, CNPJ, among others. In such cases, the user declares that they have authorization, under American or Brazilian law, depending on the territory of use and owner of the monitored data, for monitoring or searching their own or third-party data, exempting UPX from any and all liability in case of data collection without third-party authorization.
Therefore, the use of services for crimes or infractions is prohibited, such as, but not limited to, invading third-party computers, illicit and illegal data acquisition, propagation of viruses, spyware, adware, child pornography, database invasion, among various other types of illegalities and illicit acts that violate the law, public order, and public morals, as well as those that damage UPX's servers and software.
In case of misuse, UPX may immediately suspend, without prior notice, access to and use of its services to comply with legal provisions or to prevent the continuation of an infraction of a term, contract, policy, or license of its services and products.
Services may be canceled by either the user or UPX, observing the clauses of the specific contract for each type of service, where applicable.
Regarding payments, these may be made through various methods and forms, and fees and fines for delays may be applied, observing the specific contract for the service.
3. Content and Data
Each user is exclusively and entirely responsible for the truthfulness and legality of the data informed and for the content of the data, files (text, documents, messages, emails, images, video, audio, etc.), and information provided to UPX. UPX will not be responsible for improper content that infringes the law and may suspend services in case of suspected infraction or illegality, as well as delete them in case of risk of damage to its own server equipment or software.
The user is also responsible for the password created and provided, being entirely responsible for its security, and must exercise all care and diligence so that third parties do not discover and use it without authorization, avoiding providing it to anyone untrustworthy.
Also, respecting the provisions of the Brazilian Internet Civil Framework (Law No. 12,965/2014) and the General Data Protection Law (LGPD - Law No. 13,709/18), UPX will need user data to carry out registration and service contracting. Such data will be duly stored and accessed by the user in their panel, and its use and transmission to third parties will only be carried out when necessary for the execution of the contracted service. Regarding the privacy, collection, treatment, storage, use, and transmission of your personal data, consult our Privacy Policy available on the website www.upx.com.
4. Intellectual Property
All UPX websites, products, services, trademarks, patents, and software are its exclusive property. We seek the satisfaction of our clients and users with maximum efficiency, but the use of our services does not transfer to the user any intellectual property rights over them, being provided in the form of a license to use.
Therefore, the user may not disclose UPX's trademarks, products, and services without authorization or as their own, nor should they perform actions that harm UPX's copyrights or software, or third-party rights, e.g., but not limited to: reverse engineering, code decompilation, copying, even partially, of source code or designs, layout, trademarks, slogans, software modifications, maneuvers to break security or access other users' accounts, theft of passwords and third-party data, among other harmful and illicit actions.
UPX also respects third-party copyrights, observing Brazilian and American legislation, such as the U.S. Digital Millennium Copyright Act, and the Brazilian Internet Civil Framework and General Data Protection Law.
The License to Use UPX services is provided individually for each user, and there may be a specific contract or term for each service. It may not be transferred to third parties without our authorization.
The user also may not provide third parties with confidential data that they may become aware of when using UPX services without UPX's authorization or in disobedience to legislation.
Use responsibly and have the best experience.
5. Disclaimers of Liability and Warranties
To the extent permitted by Brazilian and American law, UPX and its suppliers offer their products and services “As Is”. Therefore, there are no express or implied warranties, including implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
We make no commitment regarding the content within the Services. Furthermore, we disclaim any warranty that (a) the Services or Software 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 responsible for any loss of use, data, profits, or any special, incidental, indirect, consequential, or punitive damages, regardless of the cause (even if we have been advised 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 wrongful act, or (c) arising from any other claim resulting from or related to your use of or access to the Services or Software.
Nothing in the Terms limits or excludes our liability for gross negligence, our intentional misconduct, or that of our employees, or for death or personal injury.
UPX will also not be responsible for the storage and backup of files eventually stored on its servers; the user must maintain their own copy of all documents and data provided.
Specific clauses of SLA (Service Level Agreement) and service or efficiency guarantees may be provided, depending on the type of service contracted, according to the specific and individually contracted agreement by the user.
6. Modification and Applicable Law
These terms may, at UPX's sole discretion, be modified at any time, without the need for authorization from the user(s) or third parties. We will notify users when the terms are updated via email, internal system, or other contact method specified in the contract. Changes to the Terms due to legal requirements will not entitle users to contract termination without payment of a fine, if applicable.
Depending on the type of service and its territorial scope, American law, of the State of Florida, may apply, with the courts of Miami-FL, USA, being competent for judgment of any issue related to UPX services. Brazilian law may also apply, with competent jurisdiction in Campinas-SP. Each license or service contract will have specific provisions on this matter. In case of doubt or conflict regarding the definition of applicable law, Brazilian law will apply, and the courts of Campinas, SĂŁo Paulo, Brazil, will be competent, with the provisions of the specific contract for each UPX service prevailing in any case.