Terms and Conditions
Terms and Conditions of Uperso
Users of the Services offered by Uperso acknowledge and accept these terms and conditions.
Owner of uperso and related Services
4030 Wake Forest Road STE 349
Raleigh, NC 27609 - USA
This document is a legal agreement between you, the User, and the entity providing Uperso. It regulates your use of the online properties and services provided. The terms of this agreement are binding on you and us once you have accepted them. For simplicity, “User,” “you,” “your” and similar terms, either in singular or plural form, refer to you, the User. “We,” “our,” “us”, the “Owner” and similar terms refer to the corporation that owns and manages Uperso (“SoftConstruct LLC” or the “Owner”). “Uperso” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. Other defined terms are set forth in the section named “Definitions” at the end of the Agreement.
Acceptance of this Agreement
In order to use Uperso, you must read this Agreement carefully and agree to accept the same when creating an Account.
The Refund Policy covers the cases when you can request a refund with respect to products and services acquired from Uperso or through us from our partners and/or affiliates (collectively “Services”).
General terms apply to all refund eligible Services. In addition, there may be special term(s) that apply to a specific products and/or services outlined below. Services that are subject to a Fee for a period of service or subscription commitment might be requested to be cancelled/ refunded within fourteen (14) days of activation.
This doesn’t apply to cases when the user has activated a trial period prior to making the purchase. All paid plans come with a 14-day free trial period during which one can explore the services provided before making a commitment.
* Please note that the Refund amount may be different than the amount you were charged due to third party fees and any processing fee(s) will be deducted from a refund.
·Refunds will be available only in case of technical issues prohibiting the full operation of your website.
·Refunds will be applicable only to the initial purchase of Uperso products and won’t refer to any additional purchases, upgrades, modification or renewals of Uperso Services.
·In no event is the same Service eligible for more than one refund.
·After the Refund Period, the Fees are non-refundable and non-cancellable.
·Unless you request otherwise, refunds will be credited to your Uperso account balance. Purchases made using Uperso account funds can only be refunded as account credit.
·Purchases made by credit card or PayPal may be refundable to the source of payment. Uperso is not responsible for any additional charges imposed by your credit card company or PayPal in the case of refund.
·All refunds are processed in U.S. dollars: you, the customer, bear sole responsibility for any fluctuations in the exchange rate(s) between the time of payment and the time of refund.
·If purchased Service(s) include free domain name registration as part of a promotion or sale of the Service(s), and you cancel the purchased Service(s), the standard price for the domain name will be deducted from the refund amount. If the refund amount is less than the standard price for the domain, you must either elect to pay the difference or forfeit the domain, in which case, ownership of the domain will revert back to Uperso.
·No refund will be made if your Service(s) are suspended or terminated for cause.
·Service(s) must be cancelled before we can issue a refund.
Domain Name Refunds
·Unless this Refund Policy specifically provides for a refund, all fees for domain name registrations and related domain name Service(s) are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. *Please note that cancellation and refund are not available for new domain registrations due to restrictions imposed by the applicable registry or registry operating company.
Registration, content on Uperso and prohibited use of Uperso
If the User has reasons to believe that their account is no longer safe because it has apparently been, including but not limited to, hacked, stolen, lost, unduly disclosed etc., the User should immediately notify the Owner at the email address provided at the beginning of the present document.
By registering on Uperso, you represent and warrant that you are an adult according to the legislation in your country.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Uperso or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
·User has violated this Agreement; and/or
·User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or
·the use of Uperso by the User may result in violation of law or regulations; and/or
·in case of an investigation by legal action or governmental involvement; and/or
·the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.
Content provided by the Owner
The content provided by the Owner is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause. The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device. Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Uperso or allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on Uperso, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Uperso, for the User's sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly reported.
User Generated Content (“UGC”)
Users are responsible for their own content and that of third parties that they share through Uperso, that they create, deliver and post on or through Uperso, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service. The Owner does not moderate the content provided by User or by third parties but it may choose to suspend or terminate display of any such content if:
·complaints are received from other Users;
·it receives and accepts a DMCA “takedown notice” that
·it believes to be valid or any intellectual property infringement claim;
·it believes that it must do so in anticipation of, or as part of, legal actions;
·action is requested by authorities; or
·it believes that such content remaining accessible on or through Uperso may pose a risk to Users, third parties,
the Service's availability and/or the Owner itself.
User Generated Content Representation and Warranties
By creating, delivering and publishing UGC, User represents and warrants that:
·the User has the right to do so being the creator or owner of such content;
·if the User is not the owner of the content posted, the User has permission or otherwise the sufficient right and authority to grant Uperso the rights granted herein;
·the UGC does not infringe or violates any third party rights, including but not limited to, intellectual property rights and/or any third party's industrial secrets;
·the UGC does not defame, harass, abuse any other person;
·the UGC does not contain any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Uperso or its content or any content posted by other Users.
Rights over User Generated Content
Not with standing the User’s intellectual property rights on the work created via Uperso, by creating, delivering, submitting, posting or displaying UGC on or through Uperso, the User grants to the Owner a royalty-free, worldwide license to use, copy, reproduce and publish small parts of such content (i.e. a homepage screenshot) in any media or via distribution methods currently available or developed later, and solely for promotional and advertising purposes.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Uperso.
The Owner is not responsible for the content provided by third parties or for its availability.
Services provided by third parties
Users may use third-party services or content included in Uperso, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
The Service shall be used only in accordance with these Terms. Users may not:
·reverse engineer, decompile, disassemble, modify or create derivative works based on Uperso or any portion of it;
·circumvent any technology used by Uperso or its licensors to protect content accessible via it;
·copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Uperso;
·use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape,
or index any portion of Uperso or its content;
·rent, lease or sublicense Uperso;
·defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
·disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
·misappropriate any account in use by another User;
·register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Uperso in any way;
·use Uperso in any other improper manner that violates the Terms.
Browsers not supported
Uperso does not support Microsoft Internet Explorer, as Microsoft stopped supporting Internet Explorer starting from January 12, 2016 due to some security and performance issues. Please upgrade to Microsoft Edge or any other modern browser to view the websites created with Uperso.
Information about Uperso and Affiliate Program
Uperso is a software that provides easy-to-use website building tools. A special section of Uperso is dedicated to the affiliation program run by the Owner. Users who want to become Affiliates are requested to carefully read and accept the terms and conditions of the affiliation program available at the bottom of the affiliate sign up form on Uperso. In case of discrepancies or inconsistencies between the Agreement and the affiliation program’s terms and conditions, the latter terms shall take precedence for the Affiliates.
Software license and other intellectual property rights
Uperso grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software and/or any other technical means embedded in the Service provided by Uperso. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules. User is required to use the Service in accordance with Owner’s intellectual and industrial property rights. The Softwares related to the Service, like any other copyright or other intellectual property rights, are the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Softwares, and acknowledges that their use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under the Agreement.
The right to use the Softwares, does not grant any rights to the original source codes. All techniques, algorithms, and procedures contained in the Softwares and their documentation are information protected by copyright and sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in these Terms. All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.
Other Intellectual properties rights
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, logos and/or copyrights that appear concerning Uperso and all rights in and to the user interface, features and functionality of Uperso and underlying software, including code (“Owner's IP”) are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not grant you any rights whatsoever in any Owner's IP except to the extent necessary for you to use the Services in compliance with the Agreement.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Uperso are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
Terms and conditions of sale
Uperso provides for additional services and subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of Uperso.
In the event that Uperso offers a trial period, the User will be able to experience, free of charge and for a limited period of time, some of the paid features offered by Uperso. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then Uperso may be forced to cancel their subscription when it runs out.
Any order placed is an offer to purchase the Service. Orders are subject to availability and are accepted at the discretion of the Owner.
Users must select the desired Service, choosing the type and duration that best suit them, and check-out only after having carefully verified the information contained in the order summary form of the order. The order is placed on confirmation of the order and is subject to payment of the amount charged in the order summary.
Receipt of Order Processing does not constitute acceptance of the order. The contract shall be concluded at the time of the arrival of the Order Confirmation by the Owner to the email address provided by the User. The Owner reserves the right not to confirm an order, should one or more of the Services purchased be unavailable. In this case, the Owner will notify the User about the unavailability of the Services purchased within 5 working days from order – to the email address associated with the purchase – and will provide for a refund of any amounts paid by the User.
To place an order, Users must register on the site providing the requested data. The indicated prices include taxes, fees and charges of the law applicable. The Owner reserves the right to offer discounts, free trials, Coupons and various promotions throughout the year. For more details on current promotions, the User is asked to contact the Owner via the contact information contained herein.
The User acknowledges and agrees that the website created via the tools provided by Uperso will be deleted by the Owner from its database, without any possibility to restore it in the future, within 30 days running from:
·the expiration of the trial period, if the Service is not eventually purchased by the User and he doesn't perform any actions on the actual site's edit mode and/or
·the expiration of the subscription, if the the latter is not renewed.
Right of withdrawal for European Users
According to the applicable European consumer protection law, in case of purchase of services the European User has the right to terminate the Agreement, within 14 days days from the date the Agreement is entered into, without giving any explanation. For the purpose of exercising the right of withdrawal, the User is obliged to inform the Owner, without any formality, of the decision to withdraw by sending an unequivocal statement to the address set out in this document. For the purpose of this communication, User can use the withdrawal form available at the bottom of the Agreement. Any reimbursable amount will be returned by the Owner without undue delay, and in any event within 14 days of the notification of withdrawal by the User, using the same means of payment used by the User for the initial transaction, unless the User has expressly otherwise agreed.
Limitations to the right of withdrawal
Notwithstanding the above, the User acknowledges and accepts that the right of withdrawal does not apply to contracts for the supply of services after the full performance of the service by a professional if the performance initially began with the express consent of the User and their agreement to lose the right to withdraw.
Therefore, if the European User has made a purchase on Uperso and the Service provided by the Owner is immediately provided so that User has immediate access to the use of the relevant Service, the withdrawal right shall be no longer actionable.
The User also acknowledges and agrees that the withdrawal shall not apply to the supply of digital content through a non-material medium once the execution of the agreement has begun with the express consent of the User and their acknowledgement of the loss of the right to withdrawal.
This means that whenever a European User purchases digital items from within Uperso, the withdrawal right shall be no longer actionable.
Indemnification and limitation of liability
Disclaimer of Warranties
The Owner provides the services to you strictly on an "As is" basis. To the maximum extent permitted by applicable law the Owner expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. The Owner makes no warranties or representations as to the accuracy or completeness of any “content” and assumes no liability or responsibility for any:
·errors, omissions or inaccuracies in any “content”;
·personal injury or property damage of any nature whatsoever resulting from your access to and use of the “services” and “Uperso”;
·any unauthorized access to or use of our systems and/or any information accessible through such systems;
·any interruption of the “services”;
·any viruses, trojan horses, bugs, malware or the like in or transferred through the “services” or through the actions of any third party;
·any access to your device and/or information available through such access; and/or
·any loss or damage of any kind incurred as a result of the use of the “services.”
The Owner does not endorse, warrant, guarantee, or assume responsibility for any event, product or service available through the “services” or any website accessible through the “services.”
No action from or on behalf of the Owner or any other source shall create any warranty not expressly stated in this agreement.
Some jurisdictions do not allow the exclusion of warranties, so the above warranty exclusions may not apply to you.
Limitations of liability for the European User
Uperso and all functions accessible through Uperso are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.
Uperso and functions accessible through Uperso are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Uperso. Therefore, the Owner shall not be liable for:
·any losses that are not a direct consequence of the breach of the Agreement by the Owner;
·any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
·damages or losses resulting from interruptions or malfunctions of Uperso due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third party services or applications and
·incorrect or unsuitable use of Uperso by Users or third parties
Except in the event of Owner’s gross negligence or willful misconduct, you agree to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from:
·your use of the Service;
·your violation of this Agreement;
·your violation of any third party right, including without limitation any copyright, property, or privacy right; or
·any claim that your content caused damage to a third party.
Under the Digital Millennium Copyright Act (“DMCA”), you can request that Uperso LLC. Removes material that infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice,” which must comply with the requirements specified by the law. (If you have any question on these requirements that are not answered by this section of the Agreement, please see Section 512(c)(3) of the Digital Millennium Copyright Act).
Your “takedown notice” must include:
·A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
·Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
·Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
·Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
·A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
·A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You must send this takedown notice in physical form to Uperso as follows:
4030 Wake Forest Road STE 349
Raleigh, NC 27609 - USA
You can also send a copy by email to email@example.com but you must send the physical version described above to the physical mail address specified.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Providing the Service
From time to time the Owner may change certain aspects of the Service, such as adding or deleting certain features. The Owner may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Owner will work with you to enable you to withdraw your information in accordance with applicable law.
The Services might not be available at times you expect it, whether because of software or network problems or events that are known as “Force Majeure” such as acts of God, labor actions and other disruptions beyond the reasonable control of the Owner. The Services might not be available also because the Services are undergoing maintenance.
Changes to this Agreement
The Owner reserves the right to amend or otherwise modify this Agreement at any time, informing you by publishing a notice through Uperso or otherwise communicating with you. Such changes will only affect the relationship with you for actions after you have accepted the new Agreement. Previous versions, which are archived by the Owner, will govern the relationship prior to your acceptance. You can email the Owner for a copy of any previous version. Your continued use of the Services after such changes will signify your agreement with and acceptance of this Agreement with its revised terms. If you do not wish to be bound by the changes, then your only recourse is to discontinue the use of the Services.
This Agreement, and any rights and licenses granted in this Agreement, cannot be transferred or assigned by you without the Owner’s prior written permission, but may be assigned by the Owner without restriction.
You consent to the Owner contacting you by your email address (if provided). All communications relating to Uperso must be sent using the contacts stated in this document or via Live Chat. If you send a communication by email you must have valid confirmation of receipt to provide promptly to the Owner if requested.
Cancellation and termination of the Agreement
You may terminate the Agreement by cancelling your account at any time by emailing the Owner at the contact details provided in this Agreement and then following the specific instructions provided in our response.
Notwithstanding the provisions set forth under the section “Deleting Users accounts and account termination”, we reserve the right to terminate the Agreement and cancel your account in the following cases:
·in case of discontinuation of the Service;
·in case you fail to honour your obligation to pay for the Services you purchased;
·in case we suspect that you have engaged in any fraudulent or, in general, illegal activity in connection with Uperso or in case of your infringement of the Agreement;
·if requested to do so by any public authority for any reason;
without prejudice to any further action we may bring before the competent Courts in order to protect and safeguard our rights.
Upon termination of the Agreement by either party for any reason:
·we will cease providing you with the Service and you will no longer be able to access your account;
·unless otherwise stated in the Agreement, you will not be entitled to any refunds of any fees, *pro rata* or otherwise;
·any outstanding balance owed to Uperso for your use of the Service through the effective date of such termination will
immediately become due and payable in full; and
·the content that you published will be taken offline unless it has used by the Owner for advertising and/or promotional purposes or shared by any
other Users of Uperso.
If at the date of termination of the Agreement, there are any outstanding fees that you owe us, you will receive one final invoice via email, at the email address that you provided upon registration. Once that invoice has been paid in full, you will not be charged again and we shall consider our relationship terminated.
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The Owner’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.
Authoritative version of these legal documents
These Terms have been written and reviewed in the English language. Any translations into any language other than English are to be considered mere translations. In case of any discrepancy or inconsistency, the English language text shall prevail in any event.
Governing law and jurisdiction
Uperso a US company and this Agreement shall be governed by the laws of the state of North Carolina applicable therein, without regard to principles of conflicts of laws without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the State of North Carolina in connection with the interpretation or application of the Agreement.
The service provided by Uperso as described in these Terms and in Uperso.
Any user of the Service, whether a human being or legal entity.
Terms and Conditions (or Terms)
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Order Processing Receipt
Indicates the email that the Owner sends upon receipt of the order.
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
Each individual or entity that participates in the affiliation program of Uperso.
Any software solution and/or technical means embedded in the Service provided by the Owner.
Latest update: October 01, 2018