Terms and Conditions

1. Definitions

2. Products Covered

These Terms apply to all Uptonica Products, including:

Each Product may have additional product-specific terms. In the event of a conflict, the product-specific terms shall prevail for that Product.

3. Account Registration and Security

To use the Products, you must create an Account. You represent that you are at least 18 years of age and that all information you provide is accurate and complete. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify us immediately at support@uptonica.com if you suspect any unauthorized access.

A single Account may grant access to multiple Products within the Uptonica ecosystem. Access to each Product is subject to a valid Subscription or authorization.

4. Multi-Tenant Architecture

The Products operate on a multi-tenant architecture. Each Tenant's data is logically isolated. You may not attempt to access data belonging to other Tenants. As a Tenant administrator, you are responsible for managing user access and permissions within your Tenant.

5. Subscriptions and Billing

Access to certain Product features requires a paid Subscription. Subscriptions are billed in advance on a recurring basis (monthly or annually) as selected at purchase. Your Subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.

You must provide valid and up-to-date payment information. We may use third-party payment processors (Stripe, Paddle, or LemonSqueezy) to handle transactions. By providing payment information, you authorize us to charge the applicable fees.

We reserve the right to modify Subscription fees with at least 30 days' prior notice. Continued use after a price change constitutes acceptance of the new fees.

6. Free Trials

We may offer free trials for certain Products at our discretion. At the end of a free trial, your Subscription will automatically convert to a paid plan unless you cancel before the trial expires. We reserve the right to modify or discontinue free trial offers at any time without notice.

7. Refunds

Refund requests are evaluated on a case-by-case basis at our sole discretion. To request a refund, contact us at support@uptonica.com. Refunds, if approved, will be processed to the original payment method.

8. Data and Privacy

Your use of the Products is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data.

Some Products connect to third-party platforms (such as Google Ads, Meta Ads, Google Analytics, Shopify, and Klaviyo) via OAuth or API integrations. By authorizing these connections, you grant us permission to access and process data from those platforms solely for the purpose of providing the Product's functionality. You are responsible for ensuring that your use of third-party data complies with those platforms' terms of service.

9. Your Content

You retain ownership of all Content you upload or create through the Products. By using the Products, you grant us a non-exclusive, worldwide license to use, process, store, and display your Content solely to provide and improve the Products.

You represent that you have all necessary rights to your Content and that it does not violate any laws or third-party rights. We reserve the right to remove Content that violates these Terms.

10. AI-Generated Content and Insights

Certain Products use artificial intelligence to generate insights, recommendations, content, or analysis. AI-generated outputs are provided for informational purposes only and should not be considered professional advice. We do not guarantee the accuracy, completeness, or reliability of AI-generated content. You are solely responsible for reviewing and validating any AI outputs before acting on them.

11. Acceptable Use

You agree not to:

• Use the Products for any unlawful purpose or in violation of applicable laws
• Attempt to gain unauthorized access to any Product, system, or data
• Reverse-engineer, decompile, or disassemble any part of the Products
• Use the Products to transmit malware, spam, or other harmful content
• Resell, sublicense, or redistribute access to the Products without written authorization
• Interfere with or disrupt the integrity or performance of the Products
• Scrape, crawl, or otherwise extract data from the Products by automated means without authorization

12. Intellectual Property

The Products, including all software, designs, logos, trademarks, and documentation, are the exclusive property of Webgas.net S.r.l. and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use the Uptonica name, logos, or trademarks without our prior written consent.

13. Third-Party Services

The Products may integrate with or contain links to third-party services. We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is governed by their respective terms and policies.

14. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any Product or feature at any time, with reasonable notice when possible. We will not be liable for any modification, suspension, or discontinuation of the Products.

15. Termination

We may suspend or terminate your Account or access to any Product at our sole discretion, including for breach of these Terms. You may terminate your Account at any time by contacting us or through your account settings.

Upon termination, your right to use the Products ceases immediately. We may retain your data for a reasonable period as required by law or for legitimate business purposes. Provisions that by their nature should survive termination (including limitations of liability, indemnification, and intellectual property) shall survive.

16. Limitation of Liability

To the maximum extent permitted by applicable law, Webgas.net S.r.l. and its directors, employees, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill, arising from or related to your use of or inability to use the Products.

Our total aggregate liability for any claims arising under these Terms shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

17. Disclaimer of Warranties

The Products are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Products will be error-free, secure, or available at all times.

18. Indemnification

You agree to indemnify, defend, and hold harmless Webgas.net S.r.l. and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of the Products, your Content, or your violation of these Terms.

19. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Italy. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Benevento, Italy.

20. Changes to These Terms

We reserve the right to update these Terms at any time. Material changes will be communicated with at least 30 days' notice via email or through the Products. Your continued use after changes take effect constitutes acceptance of the updated Terms.