Upqueue, LLC Terms and Conditions

1. Application of Terms

These Terms govern your use of the services provided by Upqueue, LLC (“Upqueue.io,” “we,” “our,” or “us”). By signing up for and using Upqueue.io:

  • You agree to these Terms.
  • If you are using the Service on behalf of another entity (e.g., a company), you confirm that you are authorized to bind that entity to these Terms, and both you and the entity agree to be bound by these Terms.
  • If you do not agree to these Terms, you are not authorized to access or use the Service and must discontinue use immediately.

2. Changes to Terms

We reserve the right to update these Terms at any time by notifying you via email or posting a notice on our website. Unless stated otherwise, changes will take effect from the date specified in the notice. By continuing to use the Service after the changes take effect, you agree to be bound by the updated Terms.

3. Definitions

For the purposes of these Terms:

  • Upqueue.io Software: The proprietary software used to provide the Service.
  • Confidential Information: Information that is not public knowledge and is disclosed in connection with the use or provision of the Service.
  • Data: All content, data, and information inputted into the Service by you or on your behalf.
  • Fees: Subscription fees as outlined on our pricing page or as agreed in writing.
  • Force Majeure: Events beyond reasonable control, excluding lack of funds.
  • Intellectual Property Rights: All rights, including copyright, trademarks, patents, and know-how, recognized worldwide.
  • Service: The functionality described on our website, including updates made from time to time.
  • Website: The official Upqueue.io website.
  • You/Your: The individual or entity using the Service.

4. Provision of Service

  • We will use reasonable efforts to provide the Service in compliance with applicable laws and these Terms, using appropriate care, skill, and qualified personnel.
  • While we strive for 24/7 availability, the Service may occasionally be unavailable for maintenance, updates, or events outside our control (e.g., Force Majeure).
  • The Service may integrate with third-party features via APIs. We are not liable if third-party providers discontinue their services or change their terms.

5. Your Obligations

By using the Service, you agree to:

  • Use it lawfully and only for its intended purpose.
  • Not resell, share, or exploit the Service for unauthorized purposes.
  • Ensure all access credentials are secure and not impersonate others.
  • Not compromise the security of our systems or use the Service to upload or store misleading, objectionable, or unlawful data.

6. Data

  • You retain ownership of all Data inputted into the Service and grant us a license to use your Data solely for providing and improving the Service.
  • We will take reasonable steps to back up your Data, but you are responsible for maintaining separate backups.
  • You indemnify us against any claims arising from the Data you upload, including breaches of third-party rights or laws.

7. Fees

  • After any applicable trial period, the Service requires a paid subscription. Fees are billed monthly or annually, depending on your chosen plan.
  • Fee changes will be communicated with at least 30 days’ notice. If you do not agree to the new Fees, you may terminate your subscription before the next billing cycle.

8. Intellectual Property

  • All rights to the Service, including software and design, remain with Upqueue, LLC or its licensors.
  • You grant us a perpetual, royalty-free license to use feedback you provide to improve the Service.

9. Confidentiality

  • Both parties agree to keep each other’s Confidential Information secure and not disclose it without consent, except where required by law.
  • This confidentiality obligation survives the termination of these Terms.

10. Warranties and Liability

  • We provide the Service “as is” and disclaim all warranties not explicitly stated in these Terms.
  • To the maximum extent allowed by law, we are not liable for:
    • Loss of profits, data, or goodwill.
    • Consequential or incidental damages.
  • Each party must take reasonable steps to mitigate any losses.

11. Termination

  • These Terms continue until terminated by either party. You may terminate at any time by ceasing to use the Service.
  • We may terminate or suspend your access if you breach these Terms or fail to pay applicable Fees.
  • Upon termination, we will provide access to your Data for up to one month for retrieval, after which we will delete it unless otherwise required by law.

12. Governing Law and Dispute Resolution

  • These Terms are governed by the laws of the State of Delaware, USA.
  • Any disputes will be resolved in the courts of Delaware.

13. General

  • If any provision of these Terms is deemed unenforceable, the remaining provisions remain valid.
  • Notices will be delivered via email or posted on our website.
  • Upqueue, LLC is registered at 1111B S Governors Ave STE 28333, Dover, DE 19904.

14. Contact Information

For further questions or clarifications, please contact us at support@upqueue.io.