Terms and Conditions

Effective date: 08.03.2024

Please read carefully these Terms and conditions (hereinafter, the "Terms") before using this Website. The use of the Website implies the express and unreserved acceptance of all the Terms, having the same validity and effectiveness as any contract signed by you in writing. These terms apply to the entire Website and any email and/or other type of communication between you and Upgate, including any products or services offered on or through the Website If you do not agree with these Terms, do not access, browse or use the Website.

The following Terms Apply when visiting and browsing this site www.upgate.com (hereinafter, the "Website").

These Terms should be read alongside with our Privacy Policy and our Cookies Policy. Please read them carefully. If you do not agree with them, kindly exit this site.

Definitions:

We and/or US means, this website

The terms “you” or “your” refers to you, any entity you represent, your or its representatives, successors, assigns and affiliates, and any of your or their devices

1.Information about this Website

1.1. The purpose of these Terms is to establish the conditions under which You can use the Website. For clarity purposes, the term “use” includes, but is not limited to, accessing, browsing through the Website.

2. Eligibility and Age

2.1 By entering this site, you confirm that you have read and agree with these Terms and the Policies (each as amended from time to time). Users must be 18 (eighteen) years and over in order to be able to access and browse this site. You further warrant that you are eligible to enter into these Terms and you are not prohibited by any authorized authority, judicial order or law into entering into any agreement therefore, that you have the authorization to enter into these terms. All persons who do not meet these criteria are strictly forbidden from accessing this site.

3. Security

3.1 To ensure that the Website remains available to all users, Upgate may monitor network traffic to identify unauthorized attempts to upload and/or change information and/or otherwise cause damage to the Website and/or for any other reason as deemed necessary by Upgate. Anyone using the Website expressly consents to such monitoring.

3.2 Unauthorized attempts to modify, alter, deface, destroy, or corrupt any information stored on this Website or its system to defeat and/or circumvent any security features, to probe, scan and/or test vulnerabilities, breach security and/or authentication measures, forge TCP/IP headers, install or attempt to install unauthorized software, utilize the Website other than its intended purposes are expressly prohibited and may result in criminal conviction.

3.3 Any possible unauthorized activity will be reported together with any evidence that may be gathered to the appropriate authorities.

4. License and Restrictions:

4.1 You shall not sell, license, reproduce, distribute, or otherwise exploit any part of the Website or its content without the prior written consent of Upgate Limited.

4.2 You shall not use any data mining, robots or similar data gathering or extraction methods in connection with the Website.

5. Limitation of Liability

5.1 Our Website is provided on an "as is" and "as available" basis. We make no warranties or representations, express or implied, regarding the accuracy, reliability of the Website. Any reliance you place on such content is at your own risk.

5.2 To the extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Website or our services.

6. Modifications and Termination

6.1 We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on the Website. It is your responsibility to review these Terms regularly to stay informed about any modifications.

6.2 We may, at our sole discretion, terminate or restrict your access to the Website, without prior notice, for any reason, including but not limited to a breach of these Terms or suspected fraudulent activity.

7. Governing Law and Dispute Resolution

7.1 These Terms shall be governed by and construed in accordance with the laws of Cyprus, without regard to its conflict of laws principles.

7.2 Any disputes arising out of or in connection with these Terms shall be resolved amicably through good faith negotiations. If a resolution cannot be reached, the dispute shall be submitted to the exclusive jurisdiction of the courts of Cyprus.

8. Miscellaneous

8.1 If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

8.2 These Terms constitute the entire agreement between you and Upgate Limited regarding your use of the Website and supersedes any prior agreements or understandings. By using our Website you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Website.