Welcome to Our Terms of Service
Our Terms of Service outline the rules and guidelines for using UPSURGING’s AI solutions. Understanding these terms is crucial for ensuring a smooth and compliant experience with our services.
Privacy Policy
At UPSURGING, we understand that your privacy is of upmost importance, and we are committed to protecting your personal information. This Privacy Policy explains how we collect, use, share, and safeguard the data you provide when interacting with our website, services, events, and communications. Whether you are visiting our website to learn about our AI solutions or engaging with our team to explore a partnership, we handle your information with care and in accordance with the highest standards of data protection, including the General Data Protection Regulation (GDPR).
This Privacy Policy applies to our website and all related platforms where this policy is linked. It also covers the ways we collect and process data in the context of marketing activities, corporate events, and client relationships. However, it does not govern how we process personal data on behalf of our enterprise customers—such data is handled strictly according to agreements made with each client.
How We Collect Information
When you interact with UPSURGING, we may collect information directly from you, automatically through technology, or from third-party sources. For instance, when you visit our website, you might voluntarily provide personal details such as your name, email address, and job title by filling out a contact form, requesting a demo, or registering for one of our events. This information helps us respond to your inquiries, tailor our services to your needs, or share relevant updates with you.
In addition to data you provide directly, our systems automatically collect information about how you use our website. This includes details such as your IP address, browser type, device information, and browsing behavior. For example, we might track which pages you visit, how long you stay on our site, and what content engages you the most. This helps us improve the overall user experience and ensure our website functions efficiently. We also use cookies and similar technologies to gather additional insights, which we explain further in our Cookie Policy.
Sometimes, we receive information about you from third parties. For instance, if you interact with UPSURGING content on social media platforms like LinkedIn or Facebook, the platform might share certain non-sensitive data with us, such as your profile details or engagement metrics. Similarly, if you attend an event co-hosted by UPSURGING and another organization, we might receive attendee information from our event partner to coordinate communications and follow-ups effectively.
Why We Collect Your Information
UPSURGING collects and processes personal information for several purposes, all of which are designed to enhance your experience with us and deliver the best possible services. Primarily, we use this data to respond to your inquiries, provide information about our offerings, and facilitate the services you request. For example, if you’re exploring our AI solutions, we might use your data to recommend services tailored to your business’s needs or to schedule a consultation with one of our experts.
Beyond these direct interactions, we also analyze how users interact with our website and communications to make improvements. For example, understanding which resources on our website are most frequently accessed helps us refine our content strategy and ensure that visitors like you can find the information they need more easily.
In some cases, we may use your contact information to send you updates about UPSURGING, such as invitations to events, newsletters, or information about new product launches. We respect your preferences and will only send marketing communications if you have opted in or if we have a legitimate interest in doing so. You can opt out of these communications at any time by following the instructions provided in the message.
Additionally, we process your data to ensure compliance with legal obligations and to protect both you and UPSURGING from fraud or misuse of our services. For instance, we may use collected data to monitor security risks, investigate suspicious activity, or comply with lawful requests from government authorities.
How We Share Your Information
At UPSURGING, we carefully control how and with whom your information is shared. We only share personal data when it is necessary to fulfill the purposes outlined in this Privacy Policy, or when required by law. For example, we work with trusted third-party service providers who assist us in areas such as website hosting, analytics, email delivery, and customer support. These providers are contractually obligated to handle your data securely and use it solely to perform the services we’ve engaged them for.
If you make payments for any of our services, your payment information will be processed securely by third-party payment processors. These companies are responsible for handling sensitive financial data in accordance with stringent data protection standards.
In some cases, we may collaborate with marketing partners or event sponsors to deliver content or experiences tailored to your interests. For instance, if you register for a webinar hosted by UPSURGING and a partner organization, we may share your registration details with the co-host to facilitate the event. However, such sharing will always be disclosed to you at the time of registration.
We may also disclose personal information if required to comply with legal obligations or to protect UPSURGING’s rights and interests. For example, if we are involved in a legal dispute or receive a lawful request from a regulatory authority, we may need to share relevant data as part of the resolution process.
Finally, in the event of a corporate transaction—such as a merger, acquisition, or sale of assets—personal data may be transferred to the involved parties. In such cases, we ensure that appropriate safeguards are in place to protect your privacy.
Your Rights
As a valued user of our services, you have certain rights regarding your personal information, particularly if you are based in the European Union or other regions with comprehensive data protection laws. You have the right to request access to the data we hold about you, correct inaccuracies, or even request deletion of your information under certain conditions. Additionally, you can object to the processing of your data or request restrictions on its use.
To exercise these rights, please contact us at info@upsurging.io
We are committed to responding promptly and ensuring your concerns are addressed in accordance with applicable laws.
How We Protect Your Information
We take data security seriously and implement a combination of technical and organizational measures to safeguard your personal information. This includes encrypting sensitive data, restricting access to authorized personnel, and regularly reviewing our security practices to address potential vulnerabilities. While no system can guarantee absolute security, we continuously strive to ensure that your data is protected against unauthorized access, loss, or misuse.
International Data Transfers
As a global company, UPSURGING may process personal data outside your country of residence. For instance, data collected in the European Union may be transferred to and processed in countries with different data protection standards. In such cases, we implement safeguards, such as Standard Contractual Clauses, to ensure compliance with GDPR and maintain the privacy of your information.
Changes to This Privacy Policy
UPSURGING may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. If significant updates are made, we will notify you through our website or other appropriate channels. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.
Contact Us
If you have any questions about this Privacy Policy or how UPSURGING handles your personal information, please reach out to us at: Info@upsurging.io
Account Responsibilities
- Maintain the confidentiality of your account credentials and API keys.
- Ensure all account information is accurate and up-to-date.
- Immediately report any unauthorized use of your account.
- Comply with all applicable laws and regulations while using our services.
Website Terms
1. Terms of Service
Introduction
UPSURGING provides AI solutions through its website located at upsurging.io (“Site”). By accessing or using the Site, you agree to these Terms of Service (“Terms”). If you do not agree, you may not use the Site.
Eligibility
Users must have the legal capacity to enter into a binding agreement to use the Site and its services.
Access to the Site
- License
UPSURGING grants a non-transferable, non-exclusive, revocable license to use the Site for internal business purposes.
- Restrictions
No resale, reverse engineering, or unauthorized modifications are allowed.
All future updates to the Site remain subject to these Terms.
- Modification and Ownership
UPSURGING reserves the right to modify, suspend, or discontinue the Site.
Intellectual property rights for the Site and its content are retained by UPSURGING and its licensors.
Acceptable Use Policy
Users are prohibited from using the Site for illegal activities, transmitting malware, spamming, or harvesting user data.
Feedback
Feedback provided to UPSURGING is considered non-confidential and may be used without obligation.
UPSURGING Communications
- General Communications
Users consent to receiving notifications related to their account or the Site.
- Promotional Communications
Users may opt in or out of promotional emails.
- Electronic Communications
UPSURGING communicates electronically, which satisfies legal requirements for written communication.
Intellectual Property and Ownership
All intellectual property, including developed AI solutions, remains the property of UPSURGING unless explicitly transferred.
Clients are granted operational usage rights under the agreement, subject to terms.
GDPR Compliance
UPSURGING adheres to GDPR standards. Data collected is processed lawfully, transparently, and securely.
Users have rights to access, modify, delete, or restrict the processing of their data.
Indemnification
Users agree to indemnify UPSURGING against claims arising from violations of these Terms or applicable laws.
Limitation of Liability
UPSURGING is not liable for any indirect, incidental, or punitive damages.
Cookie Policy
Introduction
Cookies are used to improve user experience, performance, and analytics on the Site.
What Are Cookies?
Small data files stored on user devices to track interactions and preferences.
Types of Cookies We Use
- Essential Cookies
Required for basic functionality.
- Performance and Analytics Cookies
Used to track user behavior for improving the Site.
- Functional Cookies
Enable advanced features but are optional.
How We Use Cookies
• For internal business analytics, improving functionality, and ensuring a seamless user experience.
User Control and Consent
Users can customize cookie preferences or withdraw consent through browser settings or the Site’s cookie preferences panel.
Third-Party Services
Cookies from third-party tools (e.g., analytics) may be used under strict compliance agreements.
Changes to the Cookie Policy
Updates will be communicated through the Site.
UPSURGING Customer Terms & Conditions
These Customer Terms and Conditions (“Terms”) govern the purchase, access, and use of products and services provided by UPSURGING (“we,” “us,” or “our”). By purchasing or using our products or services, you (“Customer”) agree to comply with these Terms. If you do not agree, you may not purchase or use our offerings.
This policy applies to all products and services offered by UPSURGING, including but not limited to AI tools, software solutions, and custom development services. These Terms ensure clarity, protect your rights, and maintain the integrity of our relationship.
1. Definitions
For the purposes of these Terms:
•“Product” refers to any software, service, or AI solution purchased or licensed from UPSURGING.
•“Service” refers to support, maintenance, or consultancy provided by UPSURGING in connection with the Product.
•“Customer” refers to the individual, company, or legal entity purchasing the Product or Service.
2. Orders and Payments
2.1 Placing an Order
Orders for our Products or Services are initiated through written agreements, online checkout, or direct engagement with UPSURGING sales representatives. Each order is binding upon confirmation from UPSURGING.
2.2 Pricing
The price for Products and Services is as specified in the applicable proposal, invoice, or agreement. Prices are exclusive of taxes, fees, or duties, which are the Customer’s responsibility unless otherwise stated.
2.3 Payment Terms
•Payments must be made in the currency specified in the invoice or agreement.
•Payment is due within [30 days] of the invoice date unless otherwise agreed upon in writing.
•Late payments may incur interest at the rate of [1.5% per month] or the highest rate permitted by law.
2.4 Refunds
Refunds are granted only if specified in the agreement or if UPSURGING fails to deliver the Product or Service in accordance with these Terms.
3. Delivery and Ownership
3.1 Delivery of Products
Upon receipt of payment, Products and Services will be delivered electronically via email, download link, or access credentials, unless otherwise agreed upon.
3.2 Ownership of Intellectual Property
•UPSURGING retains full ownership of all intellectual property rights for its Products, Services, and custom-developed solutions, except where explicitly transferred in a separate written agreement.
•Customers are granted a limited, non-exclusive, non-transferable license to use the Product for their internal business purposes.
3.3 Restrictions on Use
The Customer may not:
•Reverse-engineer, disassemble, or attempt to extract source code from any UPSURGING Product.
•Use the Product for unlawful purposes or distribute it to unauthorized third parties.
•Modify or create derivative works based on the Product without prior written approval.
4. Use of Products and Services
4.1 Customer Responsibilities
The Customer is responsible for:
•Ensuring proper implementation of the Product within their environment.
•Maintaining necessary hardware, software, and network infrastructure for Product use.
•Using the Product only as permitted under these Terms.
4.2 Permitted Use
UPSURGING Products are designed for professional and business use. Customers agree not to use the Products in ways that violate laws, infringe on intellectual property rights, or harm UPSURGING’s reputation.
4.3 Prohibited Actions
Customers are strictly prohibited from:
•Sharing access credentials with unauthorized users.
•Using the Product in competition with UPSURGING.
•Bypassing or disabling security measures in the Product.
4.4 Updates and Maintenance
UPSURGING may provide updates, patches, or enhancements to the Product at its discretion. The Customer agrees to install and implement these updates to maintain security and functionality.
5. Support Services
5.1 Support Availability
Support services, if included in your purchase, are provided during regular business hours via email, phone, or online portal.
5.2 Response Time
UPSURGING aims to respond to support inquiries within [48 hours]. However, response times may vary depending on the nature of the issue.
5.3 Exclusions
Support does not include troubleshooting issues caused by:
•Third-party software or hardware.
•Misuse or unauthorized modification of the Product.
6. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the course of the relationship. This includes technical specifications, pricing, business processes, and other non-public information.
7. Data and Privacy
7.1 Data Protection
UPSURGING is committed to safeguarding any personal or business data processed through its Products and Services. For details, refer to our Privacy Policy.
7.2 Customer Data
UPSURGING may collect and use Customer data for the purpose of improving its Products and Services, in compliance with GDPR and other applicable data protection laws.
8. Termination and Suspension
8.1 Termination by UPSURGING
UPSURGING reserves the right to suspend or terminate access to the Product if:
•The Customer breaches these Terms.
•Payment obligations are not met.
8.2 Termination by Customer
The Customer may terminate their use of the Product by providing written notice to UPSURGING. Termination does not relieve the Customer of any outstanding payment obligations.
8.3 Effect of Termination
Upon termination, the Customer must immediately cease using the Product and return or destroy any copies in their possession.
9. Limitation of Liability
To the maximum extent permitted by law, UPSURGING is not liable for:
•Indirect, incidental, punitive, or consequential damages.
•Loss of profits, revenue, or data arising from Product use.
•Claims exceeding the total amount paid for the Product or Service.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the European Union. Any disputes arising from or in connection with these Terms shall be resolved in accordance with the rules of the International Chamber of Commerce (ICC) Arbitration, located within the jurisdiction of the European Union. The arbitration shall be conducted in English, and the decision of the arbitrator(s) shall be final and binding on both parties.
11. Changes to These Terms
UPSURGING reserves the right to update these Terms periodically. Changes will be communicated through our website or directly via email. Continued use of the Product constitutes acceptance of the updated Terms.
12. Contact Information
For questions or concerns about these Terms, please contact us at info@upsurging.io
Restrictions on Use
To ensure a safe and fair environment, certain actions are prohibited when using our services. Please review the following restrictions carefully.
- No resale or distribution of our services.
- Reverse engineering of our software is prohibited.
- Unauthorized modifications to our tools are not allowed.
- Do not use our services for illegal activities.
- Sharing of account credentials is strictly forbidden.
Conclusion
Thank you for reviewing our Terms of Service. We are committed to providing exceptional AI solutions & support. If you have any questions or need further assistance, please do not hesitate to reach out.