Together with the Privacy Policy, these Terms of Service are a contractual Agreement between infoUPshot and our users, so please read them carefully before accessing or using infoUPshot. In consideration of the mutual promises contained in this Agreement, you and InfoUPshot agree as follows:
Definitions
- The “Agreement” refers to these Terms of Service (the “Terms”), our Privacy Policy, and all other operating rules, policies, and procedures.
- “infoUPshot” refers to INFOUPSHOT SOFTWARE, which is a registered Egyptian company for developing and selling software packages.
- The “Website” refers to infoUPshot’s website located at <infoupshotsoftware.com>, and all content, services, and products provided by infoUPshot at or through infoUPshot.com and its subdomains.
- The “Product” refers to the online products provided by infoUPshot on the Website.
- “Copyrighted” means Product is copyrighted under the Intellectual Property Law 82 of 2002 by Intellectual Property Protection Office of Information Technology Industry Development Authority (ITIDA) in Egypt.
- “User” refers to the individual person, company, or organization that has purchased Product.
Product
- InfoUPshot develops and sells Product on the Website in form of downloadable computer programs.
- These Products are Copyrighted.
- Copying a Product or part thereof by the User is prohibited.
- The use by any means, other than normal operation, of a Product or part thereof by the User is prohibited.
- Return or refund policies are NOT applied, as the Products are copyable materials. Instead, FREE 1-Month technical support via email is presented.
- InfoUPshot will make various application program interfaces (APIs), agents, libraries, and other materials available at the Website or through the Service at its discretion to support your access and use of the Service (collectively, “Agents”). You acknowledge and agree that: (1) the Agents may only be used on systems owned, leased, or primarily operated by you; (2) the Agents are made available solely to support access and use of the Service, and InfoUPshot has no liability with respect to any other uses of the Agents; and (3) Certain of the Agents may include third-party content that is subject to open-source license terms that may expand or limit your rights to use such content.
Limitations of Liability
You understand and agree that we will not be liable to you or any third party for any damage, injury, or loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from:
- The use, disclosure, or display of your Customer Data
- Your use or inability to use the Service
- Any modification, price change, suspension, interruption, cessation of transmission, or discontinuance of the Service
- The Service generally or the infoUPshot or systems that make the Service available
- Unauthorized access to or alterations of your transmissions or data
- Statements or conduct of any third party on the Service
- Any other user interactions that you input or receive through your use of the Service
- Hacking, tampering, or other unauthorized access or use of the Service or your account(s) or the information contained therein
- Errors, mistakes, or inaccuracies of data
- Personal injury or property damage, of any nature whatsoever, resulting from your and authorized users’ access to and use of the Service or support
- Any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy described in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
These limitations will not apply to damages arising out of a party’s failure to comply with its confidentiality obligations, indemnification obligations, or payment obligations to InfoUPshot. Except for their respective indemnity and confidentiality obligations, in no event will either party, their affiliates, directors, employees, or licensors be liable to the other party or any authorized user for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the fees you paid to InfoUPshot.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the non-breaching party has been advised of the possibility of such damage. The above limitations of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
Representations and Indemnities
This section states InfoUPshot’s entire liability and your exclusive remedies for intellectual property rights infringement. You hereby represent and warrant to InfoUPshot that you have the authority to enter into and perform this Agreement, and that performance of the Agreement’s obligations and exercise of its rights do not and will not violate any applicable laws, regulations, or orders.
You hereby represent, warrant, and covenant that:
- You or your licensors owns all right, title, and interest in and to Customer Data
- You have all rights to Customer Data necessary to grant the rights contemplated by this Agreement
- You have obtained any necessary third-party approvals, including without limitations applicable vendors and licensors, in relation to third-party content to be used by you in connection with the Service or will obtain such approvals prior to such use.
InfoUPshot hereby represents, warrants, and covenants to you, if under a Paying Plan, that:
- The Service and Technology as delivered to you and used in accordance with this Agreement will not infringe on any intellectual property right or other right of any other person or entity
- InfoUPshot has all rights in the Service and Technology necessary to grant the rights contemplated by this Agreement
You agree to defend, indemnify, and hold harmless InfoUPshot and its employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including without limitation attorneys’ fees) arising out of or related to:
- Your or Authorized Users’ use of and access to the Service
- Your or an Authorized User’s violation of any term of this Agreement
- Your or an Authorized User’s violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights
- Your or an Authorized User’s violation of any law, rule, or regulation
- Any claim or damages that arise as a result of any Customer Data
- Any other party’s access and use of the Service with provided identifier(s) and password(s).
InfoUPshot agrees to defend, indemnify, and hold harmless you, if under a Paying Plan, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses (including without limitation attorneys’ fees) arising out of or related to:
- InfoUPshot’s breach of any representation, warranty, or obligation in this Agreement
- InfoUPshot’s violation of any law, rule, or regulation.
In addition, if the Service or Technology becomes the subject of a claim of infringement of a U.S. copyright or patent, InfoUPshot will indemnify you, if under a Paying Plan, against such claim provided that you give InfoUPshot prompt written notice of the claim, allow InfoUPshot to direct the defense and settlement of the claim, and cooperate with InfoUPshot as necessary, at InfoUPshot’s expense, for defense and settlement of the claim. If the Service or Technology become, or, in InfoUPshot’s opinion is likely to become, the subject of such a claim, InfoUPshot will have the right to obtain for you the right to continue using the Service or Technology, replace or modify the Service or Technology so that it becomes non-infringing, or terminate the rights granted here to such Service or Technology with refund to you of any fees paid for such Service and Technology (less a reasonable charge for the period during which you has had available to it the use of such Service and Technology).
InfoUPshot will have no liability for any infringement claim to the extent it:
- Is based on modification of the Service or Technology other than by InfoUPshot
- Results from failure of you to use any updated version of Service or Technology provided by InfoUPshot to you
- Is based on the combination or use of the Service or Technology with any other infoUPshot, program, or device not provided by InfoUPshot if such infringement would not have arisen but for such use or combination
- Results from compliance by InfoUPshot with designs, plans, or specifications furnished by you
- Results from your operation of the Service or Technology in a manner that is inconsistent with its intended use.
Except as expressly provided in this agreement, the services, technology, support, and all other items provided in connection therewith are provided on an “as is”basis without warranties of any kind, either express or implied. InfoUPshot disclaims all warranties, express or implied, arising by law or otherwise, with respect to any error, defect, deficiency, infringement, or noncompliance in the services, technology, support, or any other items provided by, through, or on behalf of InfoUPshot under this agreement (including without limitation any implied warranty of merchantability, fitness for a particular purpose, or non-infringement and any implied warranty arising from course of performance, course of dealing, or usage of trade).
Non-Assignability
InfoUPshot may assign or delegate these Terms of Service and/or the Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent. You may not delegate, assign, or transfer this Agreement or any of its rights and obligations under this Agreement, and any attempt to do so will be void.
Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and InfoUPshot and any access to or use of the Website or the Service are governed by the laws of Egypt.
Obligations of Parties
The parties expressly understand and agree that their relationship is that of independent contractors. Nothing in this Agreement will constitute one party as an employee, agent, joint venture partner, or servant of another.
InfoUPshot will have no liability to you, Authorized Users, or third parties for any failure or delay in performing any obligation under this Agreement due to circumstances beyond its reasonable control, including without limitation acts of God or nature, fires, floods, strikes, civil disturbances or terrorism, or interruptions in power, communications, satellites, the Internet, or any other network that are beyond its reasonable control.
Communications
InfoUPshot may send you, in electronic form, information about the Service, additional information, and any information the law requires InfoUPshot to provide. You acknowledge and agree that InfoUPshot may provide notices to you by email at the address you specified in its Subscription or by access to a website that InfoUPshot identifies. Notices emailed to you will be deemed given and received when the email is sent. (Please note that these provisions relate to the business relationship and are distinct from marketing and similar emails covered by the “Opt-Out” provisions of the Privacy Policy.) You may provide legal notices to InfoUPshot by email stated on the Website. You must specify in all such notices that the notice is being given under this Agreement.