Terms of Service

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Upscale Software's web site for personal, non-commercial use only. Permission for commercial use is automatically granted to paid customers only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, unless a paid customer;
    3. attempt to decompile or reverse engineer any software contained on Upscale Software's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Upscale Software at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Upscale Software's web site are provided "as is". Upscale Software makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Upscale Software does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Account, Billing and Cancellation

  1. To avail certain service, you may need to create an account. One user can create at most one account. Creating duplicate accounts for one person is not permitted unless exempted in specific cases. Sharing one account between multiple users is not permitted.
  2. All payments made through the billing page must adhere to billing terms. Once a payment is made, it is considered to be final.
  3. A plan can be cancelled at any time by switching to Free plan, by choosing option to cancel subscription or using any other available option in the Billing page. After an account is switched to the Free plan, a pro-rated credit is added to the account.
  4. Refunds for unused credits are only issued in exceptional cases that is not seen as a misuse of services. Customers must request for a refund within 7 days after the last payment is made.

5. Limitations

In no event shall Upscale Software or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Upscale Software's Internet site, even if Upscale Software or a Upscale Software authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata

The materials appearing on Upscale Software's web site could include technical, typographical, or photographic errors. Upscale Software does not warrant that any of the materials on its web site are accurate, complete, or current. Upscale Software may make changes to the materials contained on its web site at any time without notice. Upscale Software does not, however, make any commitment to update the materials.

7. Links

Upscale Software has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Upscale Software of the site. Use of any such linked web site is at the user's own risk.

8. Site Terms of Use Modifications

Upscale Software may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to Upscale Software's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Last updated 02/02/2021