Terms & conditions


1. General


These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below and agree that you are responsible for compliance with any applicable local laws. If you do not agree to be bound by these terms and conditions, you may not use or access this website.

BY REGISTERING ON THIS WEBSITE OR BY USING IT, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR CORPORATE END USER THAT IS SPECIFIED IN THE REGISTRATION INFORMATION ASSOCIATED WITH SUCH END USER’S ACCOUNT FOR THE SERVICE.

UpWare Sp. z o.o. [Ltd.] (’we’, ’us’, ’UpWare’, the ’Company’) may revise these Terms and Conditions for the use of its websites at any time without prior notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of use. If you do not agree to be bound by the changes, you may terminate your account at any time.

2. Usage


Upon registering on our site, you are allowed to monitor your nodes with us. Duplicate accounts are not allowed. You can gain access to PRO features by paying a monthly fee for the service based on the number of nodes you wish to enable for PRO functionality. The usage of our site for monitoring purposes is not a transfer of title, and under this usage you may not: modify or copy the materials; attempt to decompile or reverse engineer any software contained on our products or on websites; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. The service shall only be used in accordance with any and all applicable laws and regulations.

The usage will be automatically terminated if you violate any of the above restrictions and may be terminated by UpWare at any time.

3. Disclaimer


TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE INFORMATION CONTAINED ON THIS WEBSITE AND THE SERVICE BY UPWARE IS PROVIDED ON "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN THE EVENT THE SITE LINKS TO A PAGE OF A THIRD PARTY, SUCH LINK IS SOLELY FOR THE CONVENIENCE OF USERS, AND UPWARE WILL HAVE NO LIABILITY FOR THE CONTENT OR ACCURACY OF ANY INFORMATION CONTAINED ON SUCH WEB PAGE.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, UPWARE WILL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUCH AS FOR LOSS OF REVENUE, LOSS OF INCOME, OR LOSS OF PROFIT, BUSINESS INTERRUPTION, OR LOSS OF DATA OR LOSS OF INFORMATION, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR PRODUCTS, THIS WEBSITE, ITS APPS OR THE INFORMATION ON THIS SITE.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES IS UPWARE LIABLE FOR ANY LOSS OR DAMAGE.

WE MAKE NO WARRANTY THAT OUR PRODUCTS OR THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS OR SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

Further, UpWare does not warrant the availability, accuracy or completeness of any information, including but not limited to any text, picture, graphic, link or other item that may be contained within this website. We may make changes to the content of this website or to any products described herein at any time without notice. UpWare provides no undertaking to update the information or other materials on this website.

4. Payments, Refunds, Upgrading and Downgrading Terms


You are able to purchase monthly, quarterly, semi-annual or annual monitoring service (“Service”) or other products on our websites.

Third Party Payment Gateway To complete the purchase by PayPal, you will be redirected to a third party payment gateway. You agree to read and understand the Terms of Service of the gateway partner. Service Downgrades At the end of your purchased monitoring period, your Service may be downgraded, leaving your PRO nodes downgraded to FREE tier, if eligible. Downgrading your Service may cause the loss of data, features, or capacity of your account. We accept no liability for such loss. You are solely responsible for timely purchase of further monitoring periods for your PRO nodes or notifications in order to avoid downgrading of your Service.

5. Fees


All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding income taxes imposed on us in relation to the products or Service purchased by you from us. You are solely responsible for any costs, fees, charges, fines or liabilities incurred in accessing the Service.

6. Refunds and returns


All payments for the Service are non-refundable. There will be no refunds for partial months or years of Service, unused credits, upgrade/downgrade refunds, or refunds for months of years unused with an open account.

7. Cancellation and Termination


You can cancel your account with us at any time by using our web interface or by contacting us at [email protected]

Effective Date If you cancel the Service before the end of the month or year through which you are currently paid or do not make use of all purchased credits, your cancellation will take effect immediately and you will not be charged again. There will be no refund for unused months of Service or credits.

Termination by us UpWare, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, at any time. Such termination of the Service will result in the deactivation or deletion of your account or access to your account, and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse service to anyone for any reason, at any time.

8. Indemnification


You agree to indemnify and hold UpWare, its officers, employees and supporting contractors, harmless from any claim or demand, including attorney's fees, made by any third party due to or arising from your use of the Service, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Service using your computer, of any property or other right of any person or entity.

9. Personal Data


Personal data you provide to us is governed by UpWare. Privacy Policy, which is incorporated by reference into these Terms and Conditions, and applicable laws related to personal information. Your election to use our website and/or the Service indicates your acceptance of the terms of UpWare Privacy Policy. You are responsible for maintaining the confidentiality of your account information (such as account name and password) and other sensitive information. You are responsible for all activities that occur in your account and you agree to notify us immediately of any unauthorized account use by emailing to [email protected] We are in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your account, or otherwise.

10. Third party partners


You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service. UpWare is not responsible for any failures attributable to third party partners.

11. Data usage


If the amount of data collected in providing your Service significantly exceeds the average amount of data collected (as determined solely by us) of other UpWare customers at your subscription level, we reserve the right to immediately disable your account or throttle your Service until you can reduce your bandwidth or data consumption.