Terms of Services

By using the Upraizal website and/or our services (paid and trial), you are agreeing to be bound by the following Terms of Service. So please take a few minutes to read the Terms of Service below. This Site is not intended to be used by children. You must be at least of the age of majority to use this Site.

ACCEPTANCE OF TERMS

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (Upraizal.com). This Agreement constitutes the entire and only agreement between us and you and supersedes all prior agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

PRIVACY POLICY

Our Privacy Policy, as it may change from time to time, is a part of this Agreement. By using the Site you agree to our use, collection, and disclosure of personally identifiable information in accordance with the Privacy Policy.
For more details visit upraizal.com/privacy-terms

HOSTING ENVIRONMENT

Upraizal uses Amazon Web Services (“AWS”) and Microsoft Azure to supply and operate the Hosting Environment. Agreeing to Upraizal Terms you also adhere to Amazon Web Services (“AWS”) and Microsoft Azure Terms and Conditions. Please refer to Terms and Conditions, Acceptable Use Policy provided in the below links.

Amazon Web Services Terms and Conditions –

Upraizal makes no warranty or representation regarding the security controls implemented by AWS and Azure in the Hosting Environment.
Your use of the Service is subject to You are responsible for compliance with these policies and all other Upraizal policies applicable to the access and use of the Services posted to the Site or provided through Services.

ENCRYPTION

Upraizal uses industry standard SSL encryption for all data in transit. Each forwarder, user session, and archive is secured in this manner with no exceptions.

Upraizal offers encryption for data at rest (for an additional fee) using AES 256-bit encryption. Upraizal customers can work with Upraizal support to manage their encryption keys.

PAYMENT & BILLING

Some services are offered as a SaaS (Software as a Service) through Upraizal website. To access them you agree to pay Upraizal the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Service and will cover the use of that service for a monthly or annual subscription period as indicated. Service fees are not refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

All the payments from North America Region will be done using ‘PayPal’. Upraizal never stores any of your credit cards and bank accounts which are used for making payments to Upraizal. Upraizal does not charge any taxes on its own; however, there may be some state or country-specific mandatory, Federal fees and taxes that are added to our prices on a case-to-case basis. For all sales in India, we charge GST and for sales to New York companies, we charge applicable Sales Tax. We reserve the rights to charge back-taxes if the local regulations so require.

Billing of Upraizal from Azure and AWS marketplace will be done automatically by the cloud provider automatically in USA dollars. For any upgrade or downgrade in service/plan level, your payment dues will be modified accordingly. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Upraizal does not accept any liability for such loss.

You may cancel or suspend your subscription anytime. Please note that Upraizal will continue to bill you till the time you remain our customer, irrespective of whether you or your employees have used the paid Upraizal Services or not. We do not guarantee refunds for lack of usage or dissatisfaction.

Some products are sold through the AWS (Amazon Web Services) Marketplace and Azure Marketplace. Those products require that you satisfy a monthly/hourly/annual subscription, that will be billed through your AWS or Azure, and will be reflected on their invoice.

SAMPLE DATA

Upraizal may provide sample data for demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Upraizal makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

DATA OWNERSHIP

You grant Upraizal the right to use Content submitted by you to the site and application only to the extent that Upraizal needs to use such Content to provide the Services. Upraizal does not obtain any right, title or interest in your Content, except as specifically granted herein in order to provide Services to you. You acknowledge that Upraizal will collect and use certain aggregate data as part of providing and analyzing the Services from time to time, all according to Upraizal Privacy Policy.

PROPRIETARY/INTELLECTUAL PROPERTY RIGHTS

This Agreement does not transfer from Upraizal to you any Upraizal or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Upraizal, Upraizal logo, and all other trademarks, service marks, graphics and logos used in connection with Upraizal, are trademarks or registered trademarks of Upraizal. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Upraizal trademarks.

LICENSE TO USE UPRAiZAL APPS

  1. You may not rent, sell, lease, sublicense, distribute, assign, copy or in any way transfer or grant any rights to the Upraizal Apps or use the Upraizal Apps for the benefit of any third party.
  2. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application
  3. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any Upraizal Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any Upraizal Apps in any way.
  4. Both you and Upraizal acknowledge that the Terms are concluded between you and Upraizal only, and not with Apple and that Apple is not responsible for the Application or the Content.
  5. We reserve the right to add or remove features or functions to existing Upraizal Apps. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the Upraizal Apps.
  6. You acknowledge and agree that any obligation we may have to support previous versions of the Upraizal Apps may be ended upon the availability of updates, supplements or subsequent versions of the Upraizal Apps.
  7. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the Upraizal Apps.
  8. Upraizal Apps, like other consumer technologies, may not be 100% secure. By accepting Upraizal terms you acknowledge and accept that the Upraizal Apps and any information you download or offer to share by means of an Upraizal App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that Upraizal shall not be liable for any unauthorized access to your mobile device or the app data thereon.
  9. You acknowledge that, in the event of any third party claim that the App or your possession and/or use of the App infringes that third party’s intellectual property rights, Upraizal, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  10. The Scope of License: The license granted to you for the Upraizal App is a non-transferable license to use the Upraizal App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  11. You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that You are not listed on any U.S. Government list of prohibited or restricted parties;

EXPORT RESTRICTIONS

You acknowledge that the Service or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.

NO RESALE OF THE SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless you otherwise have an agreement with us which specifically grants you such right(s).

TERMINATION, BREACH, SUSPENSION, AND CANCELLATION

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to support@upraizal.com within fifteen days of being notified about the suspension.

We may terminate a suspended or disabled user account after fifteen days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms. Termination of user account will include denial of access to all Services, deletion of information in your user accounts such as your e-mail address and password and deletion of all data in your user account.

TRANSLATION

These Terms of Service were originally written in English (US). In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

INDEMNIFICATION

You agree to indemnify and hold harmless Upraizal, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

FORCE MAJEURE

Upraizal shall not be liable for any loss or damage due to failure or delay arising out of any cause beyond its control, fault or negligence, including but not limited to, government embargoes, blockades, seizure or freeze of assets, delays or refusals to grant an export license or the suspension or revocation thereof, or any other acts of any government, fires, floods, severe weather conditions, or any other Acts of God, quarantines, labour strikes or lockouts, riots, strife, insurrection, civil disobedience, war, material shortages or delays in deliveries by third parties. In the event of any failure or delay resulting from such causes, an equitable adjustment of schedule and any other appropriate terms and conditions shall be made. No such failure or delay shall be the basis for an increase in neither Upraizal obligations nor any termination by Customer.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. HRMS SOLUTIONS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, HRMS SOLUTIONS MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL UPRAIZAL (WEBSITE AND APPLICATION ) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF UPRAIZAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

APPLICABLE LAW

This Agreement shall be governed by, and construed in accordance with the laws of the USA – State of Connecticut, except a provision of that law which would refer resolution of any issue to another jurisdiction.
If you have any questions or concerns regarding this agreement, please contact us at info@upraizal.com.