These General Terms and Conditions of Use and Contracting (here in after, the “Terms and Conditions”) govern the access and use of the website accessible through the domain name https://www.uphint.com/ (here in after, the “Site” or “Website”), as well as the acquisition of the service offered through it. The simple access to the Website attributes to the person who use it the condition of user (here in after, the “User” or “You”) and implies the acceptance of all the terms included in these Terms and Conditions.
By means of the acceptance of these Terms and Conditions, the User states:
Site’s general information is as follows:
Current location: Calle Ribera, 1 puerta 1 - Valencia - 46002.
The domain uphint.com on the Internet is the property of QUAL TECH INNOVATION S.L. Uphint reserves the right to make changes in its headquarters without prior notice, in order to update, correct, modify, add or delete the contents of the headquarters or its design.
Uphint expressly prohibits the realization of "framings" or the use by third parties of any other mechanisms that alter the design, original configuration or contents of its webpage.
The simple access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.
Uphint informs the Users that these Terms and Conditions can be modified or amended at any time. Therefore, Uphint will give notice of any change by notifying it through the website or any other method of contact. Accordingly, the User should read carefully these Terms and Conditions as many times as needed in order to use this Website properly and to subscribe its Services.
The Uphint services (hereinafter, the “Services”) are intended to be a proprietary software tool to assist users in developing training and documentation materials for Customer’s employees, partners, and customers.
The person who uses the Website or subscribe the Services is deemed as the User. Taking into account this, we understand that You can be classified as an individual, a company, a research and development organization, the Government or even a non-profit organization, among other.
In case any User’s obligations set forth in this Website are not fulfilled, Uphint reserves the right to forbid or deny the use of the Website or Services offered therein.
If you want to use the Site and subscribe the Services, the pertinent conditions provided by Uphint must be accepted by the User.
The process of engagement and the Terms and Conditions of rendering the Services provided by Uphint shall be subjected to what is established on each occasion in the company’s Website. Consequently, Uphint reserves the right to unilaterally change, at any time and without prior notice, such Terms and Conditions.
In addition, by engaging the rendering of Services, the User expressly undertakes to furnish true information about itself for this purpose, assuming any damages of any kind arising from the untruthfulness of the information, directly and/or indirectly affecting Uphint and/or any third party, at any time, for any reason, by any means and/or in any manner.
According to these Terms and Conditions, as well as all the conditions involving the Uphint Services, the duration of the Service will be defined by the type of subscription. Uphint reserves the unilateral right to temporarily suspend or definitely terminate the rendering of the Services through the Website.
The User agrees to use the Services in accordance with the applicable law, moral principles and public order as well as these Terms and Conditions.
The User shall neither use the Website for illegal activities nor activities that may be regarded to be a criminal offence against the rights of third parties or in violation of any applicable law.
You, as a User, are solely responsible for all the content and actions you promove by the use of the Services under your account. Your membership, including your email and password, are personal and may not be transferred or used by someone else. Uphint shall provide to the User a username (email) and password, of a personal and non-transferable nature, for the use of this Website and the Services. The User undertakes to keep their usernames and passwords confidential, without allowing the use by third parties, therefore, assuming liability for any consequences resulting from the infringement of such obligation. Passwords may be changed at the request of any of the parties. In the event such change is expressly requested by Uphint, the User shall be given notice of the date on which such password will be deactivated and replaced by a new one.
Uphint is not in any way responsible for any information lost or damaged resulting from unauthorised access to your account or use of your login details. If you infer or suspect any unauthorised use of your account, you must immediately notify Uphint.
You may not contribute, submit or disseminate with any propaganda, religious and/or political views, or information that may be deemed racists, xenophobic, pornographic, supportive of terrorism or that violates human rights. Furthermore, you may not defame, harass or offend other people through the use of the Services.
If you have any criticism or feedback regarding Uphint or the Services, please, contact us to help improving our Services.
You can not transmit and/or distribute files that may damage Uphint’s computer systems, the internet service provider or third-party internet Users (referring to virus or malware). You shall not disseminate, transmit or provide third parties with any type of information, element or content, that may constitute a violation of the fundamental rights and civil liberties. Also, you may not disseminate, transmit or provide third parties with any type of information, element or content, that may constitute unlawful or unfair advertising. You shall not disseminate, transmit or provide third parties with any type of information, element or content that may be deemed a violation of privacy or data protection laws.
The Website may contain technical linking devices, directories and even other tools that allow the User to access other Internet pages and portals (hereinafter, "Linked Sites"). In those cases, Uphint will only be responsible for the content and services provided in the Linked Sites to the extent that it has effective knowledge of its illegality and has not deactivated the link to them with due diligence. In the event the User considers there is a Linked Site with illicit or inappropriate contents, the user can communicate it to Uphint through the following email address: legal@uphint.com.
In any case, the existence of Linked Sites must presuppose the existence of agreements between Uphint and the responsible or owners thereof, either as the recommendation or promotion of the Linked Sites and or their contents by Uphint. Unless expressly stated otherwise on the Website, Uphint does not know the contents and services of the Linked Sites and, therefore, is not responsible for any damages that may be caused to the User or any third party.
The content of the Website is understood to be, by way of example and not exhaustive, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes. All of them are the intellectual property of Uphint or third-party licensors, and none of the exploitation rights recognized by current regulations on intellectual property over them can be understood to have been transferred to the User.
The User declares to be the sole author of all photographs, images, texts and/or comments (hereinafter, "User Content") that he publishes or sends through the sections of the Website provided for this purpose, guaranteeing that the Use of the same on the Website does not infringe the rights of any third party. In relation to these User Contents, the User transfers to Uphint, free of charge, the rights of public communication, reproduction, distribution and transformation, in all forms of exploitation existing up to the date of acceptance of these General Conditions, solely to provide the Services or as otherwise described in these Terms. This transfer is made for the national and international territory and for the period corresponding to his entire life and seventy years after the death or declaration of death of the User.
The brands, trade names and other distinctive signs published on the Website are the property of Uphint or third parties and/or licensors, without granting the User any rights over them.
The main characteristics of the goods offered through the Website can be found at first use of the Services by accessing the Site. The User will start using the Services once the subscription ordered is fully complete.
Subjected to the Terms and Conditions thereof, during the period of effectiveness of these Terms, Uphint allows the User to use the Services on a non-exclusive basis. Uphint may change, modify or update the Services at any time. Uphint reserve the right to change the method of registration or login, including the types of accounts and the service provided through them. You agree that you will supply accurate and complete information to Uphint in the creation of your account and the use of the Services and that you will update such information promptly after it changes. You shall have all responsibility for any inaccuracies in any information you provide us or in failure to keep such information up-to-date.
You shall not share your account or login information with any third party, nor, let any third party access to your account, and you are entirely responsible for maintaining the confidentiality of the login information to your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account. Uphint will not be held accountable for any loss or damage arising from unauthorized use of the Services, and you agree to protect and do not harm to Uphint in regard to improper or illegal use of the Service, and any charges and taxes incurred, unless you have notified us immediately.
The Agreement is formalized is English.
The Services have free access for everyone once registered. Inside our Site the User can subscribe for the use of the Services. In the upper tab "Upgrade" you will find the option to view the different packages offered by Uphint with their respective prices.If you are intended to know more information about the current account, please check our specific section by clicking here.
Bear in mind that the prices indicated for the Services do not include the Value Added Tax (VAT), and, in any case, are expressed by default in Euro currency (€). The referred prices, unless expressly indicated otherwise, do not include any other additional services to the service purchased. When a User registers and enters its data, the system detects whether the specific taxes should be charged according to the User's conditions. There are two methods of payment, known as (Billing Cycle), in which the User can choose between paying monthly or annually.
Other forms of payment will not be accepted. At the time of payment, the User will need to enter the information required to bring about the payment, namely card number, card holder name, expiration date and CVC number. All this information is never stored by Uphint but managed by a third company whose name is Stripe. In case you need more information about how Stripe works, please check it at their webpage: www.stripe.com
When the User forgets to fill in correctly any data indicated as mandatory in the corresponding form, the User will not be able to advance in the validation process until it has been completed. A message on the screen will warn the User of this circumstance.
The User can modify or update at any time the data provided during the purchase process, before its completion, going back to the desired step.
By accessing your account, the User may modify and/or update at any time the data provided at the time of registering as a user of the Website.
In accordance with the provisions of Royal Legislative Decree 1/2007, of November 16, which approves the General Law for the Defense of Consumers and Users and other complementary laws, the right of withdrawal states that the User can cancel the contract concluded through the Website within a period of 14 calendar days without the need for justification. However,the rule sets specific considerations as assumptions of non-application of the right of withdrawal.
According to article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the General Law for the Defense of Consumers and Users and other complementary laws, section a) the User can not desist from the following contracts:
The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the User and with the acknowledgment on his part that is aware that, once the contract has been fully executed by Uphint, the User will have lost the right of withdrawal.
Hence, meanwhile the Services are not fully provided, in order to exercise the right of withdrawal the User must notify Uphint the decision to withdraw from the agreement through an unambiguous statement (for example, a letter sent by postal mail, fax or email). In order to comply with the withdrawal period it is sufficient that the User's communication is sent before the corresponding term expires.
The User can share with Uphint their complaints, claims and/or information requests using any of the following methods:
Uphint has official complaint/claim/request forms that the User may request.
Uphint is not liable for any damage and/or detriment to and/or loss of income by any User or third party adversely affected as a result of any opinions, representations, data and/or contents, if any, that the User and/or third parties may directly or indirectly display for any reason, at any time and in any way, in the Website.Uphint does not warrant that the Site is going to work constantly, reliably and permanently, without delays or interruptions.
As a consequence of this,Uphint is not liable for any damage and/or detriment to and/or loss of income by any customer or third party adversely affected as a result thereof. Uphint is not liable for any damage and/or detriment to and/or loss of income by any User or third party adversely affected as a result of an event of force majeure, act of God, failure or error in communication lines or defective Internet service or faulty connection. Uphint is not liable for any damage and/or detriment brought about to any third party for the use of bank data without its consent by any User engaging the Services.
Uphint has adopted all legally required security measures for protecting personal data furnished by the User. Notwithstanding the above, Uphint cannot ensure the absolute invulnerability of its security systems or the security or inviolability of such data during transmission through the network.
As a service provider, Uphint does not control the use that the User makes of its Service. Uphint is not liable for the use and/or content that the User may makes in violation of the laws or these Terms and Conditions and/or pertinent additional conditions, insofar as it Uphint is not liable for the content information and/or data that is transmitted, nor it originates the transmission, modification or selection of data or addressees. Accordingly, only the User is liable for any consequences that might result from any unlawful use or use against these conditions, as well as for the truthfulness and/or legality of the contents displayed by the User. For this purpose, the User shall use the Services pursuant to the laws in force that are applicable in this regard.
Uphint and its employees and technical service staff shall try and will keep confidential all the User information to which they are given access by any means, and will not use, disclose or allow it to be used or disclosed. They shall, at the User’s request, make every effort to destroy or return such information immediately in the event it is recorded for any reason and/or by any means, when in compliance with the Services engaged and pursuant to the Terms and Conditions set forth they are given access to the User information of any kind. The laws that are applicable in this respect shall govern in all such cases.
The Services put at the User disposal send information deemed to be or classified as confidential. Uphint shall not be held responsible for any consequences that may arise from the User᾽s failure to comply with this recommendation.
If any clause included in these Terms and Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting the rest of the Terms and Conditions in everything else and considered as such totally or partially disposed by not included.
These Terms and Conditions will be governed and interpreted in accordance with Spanish legislation.
Whether the User does not have the status of consumer or user, the User agrees to submit any dispute arising from the use of the Website or the subscription process to the Courts and Tribunals of Barcelona, expressly waiving any other jurisdiction that could correspond. Contrary, when the User has the status of consumer, in case of dispute, the User may choose to file their claim in front the Courts or Tribunals that correspond to their domicile.
Sincerely
Uphint
These Terms and Conditions were last modified on 01/08/2022.