TERMS OF USE – UPX SERVICES AND PRODUCTS

1. TERMS AND CONDITIONS

Welcome to UPX. All our products and services are provided by UPX TECNOLOGIA LTDA, with address at Rua Guapuruvu, nº 200, Sala 02, CEP 13.098-322, ALPHAVILLE CAMPINAS, CAMPINAS-SP, Brazil, registered with CNPJ nº 08.184.140 / 0001-79 and by UPX US LLC, headquartered at UPX US LLC 318, Atlantic Isle, Sunny Isle Beach, 33160 - FL - USA, contact@upx.com.

By using our websites, products and services (“UPX services”) you agree to all terms and conditions of use, therefore, read carefully. If you disagree with UPX's terms and policies, do not use the sites, products and services.

As our products and services are varied, as UPX always seeks improvement and innovation, additional Terms, Licenses and Contracts may provide for specific terms and conditions of use for each product or service. Such documents will be available to each client and user in their access panel when contracting UPX products and services.

2. PERMISSIONS AND LIMITS OF USE

The use of UPX websites, products and services (“UPX services”) is permitted only for adults. If you are a minor, over the age of 15 (fifteen) years, use and contracting may only be carried out by your legal representative. If you represent a company, you must be a legally valid representative of the company, eg, employee, manager, partner or authorized representative.

The user may not use the UPX services for purposes other than those for which the service is intended, and may not use it for committing infractions or illicit, administrative or illegal, and must obey the laws of Brazil and the USA, as well as those of your own country.

Some services may be used to monitor and collect specific data from the user or from third parties, such as the BGP Monitor or Vedatta services, which perform the monitoring, p. eg, expectations of your ads, ASN, IP prefixes and traffic providers, credit cards, CPF, CNPJ, Security Number, Tax ID among others. In such cases, the user declares that he is authorized, under the terms of the American or Brazilian legislation, depending on the territory of use and owner of the monitored data, for the monitoring or search of own or third party data, exempting UPX from any and all responsibility in case of data collection without third party authorization.

Therefore, the use of services for crimes or infractions is prohibited, such as, for example and not limited to, the invasion of third party computers, illicit and illegal data retrieval, propagation of viruses, spyware, adware, child pornography, bank intrusion. data, among several other types of illegalities and illicit acts that violate the law, order and public morals, as well as that damage UPX servers and software.

In the event of improper use, UPX may immediately suspend, without the need for prior notice, access and use of its services to comply with the legal provision or to prevent the continuation of a term, contract, policy or license violation of its services and products .

The services may be canceled, either by the user or by UPX, observing the clauses of the specific contract for each type of service, when they exist. As for payments, these can be made in several modalities and forms, as well as fees and fines for late payments, subject to the specific service contract.

3. CONTENT AND DATA

Each user is exclusively and entirely responsible for the veracity and legality of the data reported and for the content of the data, files (text, documents, messages, emails, image, video, audio, etc.) and information provided to UPX.

UPX will not be responsible for improper content that violates the law, and may suspend services in case of suspected infringement or illegality, as well as delete them in case of risk of damage to its own server equipment or software.

The user is also responsible for the password created and provided, being entirely responsible for its security, and must take care and care so that third parties do not discover it and use it without their authorization, avoiding providing it to anyone they do not trust. Also, respecting the provisions of the brazilian law “Marco Civil da Internet” (Law nº 12.965 / 2014) and the Data Protection Law (Law nº 13.709 / 18), UPX will need user data to register and contract its services, and such data will be properly stored and accessed by the user on his panel, and its use and transmission to third parties will only be carried out when necessary to perform the contracted service. About the privacy, collection, treatment, storage, use and transmission of your personal data, see our Privacy Policy available at www.upx.com.

4. INTELLECTUAL PROPERTY

All UPX websites, products and services, brands, patents and software are your exclusive property. We seek the satisfaction of our customers and users, with maximum efficiency, but the use of our services does not transfer to the user any intellectual property rights over them, being provided in the form of a license to use. In this way, the user cannot disclose UPX's brands, products and services without authorization or as his own, and must not take actions that harm UPX's copyright or software, or the rights of third parties, p. ex. and not limited to: reverse engineering, code decompilation, copying, even if partial, of the source code or designs, layout, brands, slogans, software modifications, maneuvers to breach security or access other users' accounts, theft of passwords and third party data, among other harmful and illegal actions. UPX also respects the copyrights of third parties, observing Brazilian and American legislation, such as p. ex. the United States Digital Millennium Copyright Act, and the Internet Civil Rights Law and the General Data Protection Act. The User License for UPX services is provided individually for each user, and there may be a specific contract or term for each service, and it cannot be transferred to third parties without our authorization. The user will also not be able to provide third parties with confidential data that they may be aware of when using the UPX service without authorization or disobeying the legislation. Make responsible use and have the best experience.

5. DISCLAIMERS OF LIABILITIES AND WARRANTIES

To the extent permitted by Brazilian and American laws, UPX and its suppliers offer their products and services “As It Is” (“as is”), therefore, there are no express or implied warranties, including implied warranties of non breach, merchantability and fitness for a specific purpose. We make no commitment regarding the content on the Services. In addition, we disclaim any warranty that (a) the Services or Software will meet your requirements or be constantly available, uninterrupted, timely, secure or error-free; (b) the results obtained using the Services or Software will be effective, accurate or reliable; (c) the quality of the Services or Software will meet your expectations or (d) any errors or defects in the Services or Software will be corrected.

We are also not responsible for any loss of use, data, profits and any special, accidental, indirect, consequential or punitive damages, regardless of the cause (even if they have warned us of the possibility of such loss or damages), including losses and damages (to ) resulting from the loss of use, data or profits, whether or not foreseeable, (b) based on any theory of liability, including breach of contract or warranty, negligence or other unlawful act or (c) arising from any other resulting claim or related to your use of or access to the Services or Software.

Nothing in the Terms limits or excludes our liability for recklessness, for our willful misconduct, or for our employees, or for death or personal injury. UPX will also not be responsible for the safekeeping and backup of files eventually stored on its servers, and the user must maintain a copy of all documents and data provided. Depending on the type of service contracted, specific clauses of SLA (Service Level Agreement) and guarantee of services or efficiency may be provided, according to the specific contract and individually contracted by the user.

6. MODIFICATIONS AND APPLICABLE LEGISLATION

This term may, at UPX's sole discretion, be modified at any time, without the authorization of the user (s) or third parties. We will notify users when the term is updated via email, internal system or other contact form provided for in the contract. Changes to the Terms due to legal requirement will not give rise to the right to terminate the contract without paying a fine, if provided.

Depending on the type of service and territorial scope of the same, the American legislation of the State of Florida may be applied, with the courts of Miami-FL, USA being competent to judge any issue related to UPX services, as well as the legislation may be applied. Brazilian, with competent jurisdiction in Campinas, São Paulo’s State, each license or service contract will have a specific provision on the subject. In case of doubt or conflict regarding the definition of applicable legislation, Brazilian law will be applied and the Justice of Campinas, São Paulo, Brazil will be competent, prevailing, in any case, the provisions of the specific contract for each UPX service.