Terms & Conditions
Introduction
Welcome to Upsworth Technologies Pvt. Ltd. (“Upsworth,” “we,” “our,” or “us”). These Terms & Conditions (“Terms”) govern your access to and use of our websites, platforms, applications, products, and services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms and all applicable laws. If you do not agree, please do not use the Services.
Eligibility
You must be at least 18 years old and capable of forming a binding contract under applicable law to use the Services. By using the Services, you represent that you meet these requirements.
Scope of Services
Upsworth provides digital growth solutions, including but not limited to website and app development, e‑commerce integrations, UI/UX design, branding, marketing strategy, creative content, and related consulting (“Projects”). Project specifics, pricing, and timelines are detailed in individual proposals, statements of work (“SOWs”), or master service agreements (“MSAs”), which form part of these Terms when executed.
User Obligations
- Provide accurate, current, and complete information.
- Supply timely feedback, approvals, and materials necessary for project delivery.
- Use the Services only for lawful purposes and in accordance with these Terms.
- Maintain the confidentiality of any login credentials and promptly notify us of unauthorized use.
Intellectual Property
Unless otherwise stated in an executed MSA or SOW, all pre‑existing materials, frameworks, code, templates, and know‑how remain Upsworth’s intellectual property. Upon full payment, you receive a non‑exclusive, worldwide, royalty‑free license to use the specifically delivered work product for its intended purpose. Upsworth reserves the right to display anonymized work in portfolios and marketing materials, unless otherwise agreed in writing.
Payments & Refunds
Fees, milestones, and payment schedules are defined in the relevant SOW or invoice. All payments are due in the currency and timeline specified. Late payments may incur interest at 1.5 % per month (or the maximum allowed by law). Project deposits are non‑refundable. Refund requests for undelivered portions of a Project will be evaluated in good faith but remain at Upsworth’s sole discretion.
Confidentiality
Each party agrees to retain in confidence and not use or disclose any non‑public information marked or reasonably understood to be confidential, except as necessary to perform the Services or as required by law.
Disclaimers
The Services are provided “as is” without warranties of any kind, express or implied. Upsworth does not guarantee uninterrupted or error‑free operation, specific results, or that the Services will meet your requirements.
Limitation of Liability
To the maximum extent permitted by law, Upsworth’s aggregate liability for any claim arising out of or relating to the Services shall not exceed the total fees paid by you to Upsworth in the 12 months preceding the claim. In no event shall Upsworth be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, even if advised of the possibility.
Indemnification
You agree to indemnify and hold Upsworth, its directors, employees, and agents harmless from any claim, demand, loss, or damages arising out of your breach of these Terms or misuse of the Services.
Termination
Either party may terminate a Project or the Services for material breach with 10 days’ written notice and an opportunity to cure. Obligations that by their nature should survive (e.g., intellectual‑property, confidentiality, limitation‑of‑liability) shall continue after termination.
Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts of Bengaluru, Karnataka, India. The parties agree to attempt good‑faith negotiation before resorting to litigation.
Changes to Terms
We may update these Terms from time to time. Material changes become effective 30 days after posting. Continued use of the Services after that constitutes acceptance of the revised Terms.
Contact
Questions about these Terms?
Email contact@upsworth.comor write to: Upsworth Technologies Pvt. Ltd., 307, Queens Corner, Vaishali Nagar, Jaipur 302021