Terms and Conditions

The Terms and Conditions is a binding contract that governs our relationship with our users.

By signing up to Upscope or interacting with our website you agree to be bound by these terms.

The Terms and Conditions was last modified on May 24th, 2018. We notify our users of changes by email.

View Terms and Conditions

Thank you for using Upscope! By creating an account on Upscope you are agreeing to the following terms (including our DPA) and our Privacy Policy.

Let’s start with the definitions of the terms we’ll use throughout these terms. “Upscope”, “the service”, or “the website” is a service offered by Upscope Limited, a company registered in England (“us”, “Upscope”, “Upscope Limited”). The service is available at the “upscope.io“ URL. Upscope Limited has employees, contractors, and directors (the “team”). As a customer or user, or representative of an entity which is a customer of the service, you are a “Customer” according to this agreement (or “you”). You use the Service to track and watch the sessions of your users (the “end users” or “your users”) on your website or web application (“customer’s website”, “your app” or “your website”) by adding to your website’s html some javascript code provided by us (the “javascript helper”, “javascript library”, or “our javascript”).

Purpose of the service

Upscope is a service that allows website owners to track their user’s sessions and looking at what their users are doing on their website in real time. This allows for more relevant support, understanding of how the end users behave and make improvement to the user experience.

Using Upscope

Your obligations to your users

As the owner of your website, you owe a duty to your users to protect their privacy and allow them to understand how they are being tracked, and enable them to make sensible choices.

Specifically it is your obligation and sole responsibility to:

  • Make sure your users are informed and accept their session information (including page content) being sent and stored by Upscope (learn more about what data we store here);
  • Ensure you comply with all applicable laws and regulations by using Upscope on your website.

By installing Upscope on your website, you accept liability for failing to adhere to the above conditions.

Keeping your account safe

To avoid leakage of data, it is your responsibility to keep your account safe. You are therefore required to:

  • Ensure you keep the email account associated with Upscope safe;
  • Ensure you monitor your email account for notifications from us;
  • Remove the javascript helper from your website immediately if you have reason to believe your account is being used by somebody else, you are no longer able to keep your account safe, or are instructed by us to do so.

GDPR

Upscope is designed to comply with EU GDPR rules.

The terms of the Data Processing Addendum available at https://upscope.io/legal/ shall apply to any personal information Upscope processes and be incorporated into our terms and conditions and privacy policy.

Payments and Renewals

General Terms

Optional paid services such as extra capacity, or additional information are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay us the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre‑pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Automatic Renewal

Unless you notify us before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then‑applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the “Billing” section of the Website.

Intellectual Property

This Agreement does not transfer from Upscope Limited to you any Upscope Limited or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Upscope Limited. Upscope Limited, Thrust Division, Upscope, the Thrust Division logo and all other trademarks, service marks graphics and logos used in connection with the Service, or the Website are trademarks or registered trademarks of Upscope Limited or Upscope Limited’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Upscope Limited or third‑party trademarks.

Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Upscope within the designated notice period. Your continued use of the service will be subject to the new Terms. However, any dispute that arose before the change shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

Upscope Limited may terminate your access to all or any part of the service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Upscope account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Service is provided “as is”. Upscope Limited and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non‑infringement. Neither Upscope Limited nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Upscope Limited, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  • Any special, incidental or consequential damages;
  • The cost of procurement for substitute products or services;
  • For interruption of use or loss or corruption of data; or
  • For any amounts that exceed the fees paid by you to Upscope Limited under this agreement during the twelve (12) month period prior to the cause of action. Upscope Limited shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that:

  • Your use of the Website will be in strict accordance with the Upscope Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and;
  • Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Upscope Limited, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between Upscope Limited and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Upscope Limited, or by the posting by Upscope Limited of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in London, England. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Chartered Institute of Arbitration in London by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in London, England in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Upscope Limited may assign its rights under this Agreement without condition.

This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Contacting Upscope

To contact us, please send us an email to team@upscope.com.

We are also available by telephone at +44 20 3778 0432 during UK business hours.

If you’d like to send us a letter, please use the following address:

Upscope Limited,
2nd Floor, 2 Sheraton Street,
London, W1F 8BH,
UK

Upcope Limited is a UK limited company (Company number 10599571).
Our VAT number is GB264457681.

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