Terms and agreements

These terms and conditions outline the rules and regulations for the use of UptimAI s.r.o.’s Website. UptimAI s.r.o. is located at: Inovační 122 Zlatníky-Hodkovice 25241 – 06806589

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use UptimAI s.r.o.’s website if you do not accept all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. “Software” means the software products, including associated documentation, made available to you for download from this website.

License

Unless otherwise stated, UptimAI s.r.o. and/or it’s licensors own the intellectual property rights for all material on UptimAI s.r.o.. All intellectual property rights are reserved. You may view and/or print pages from https://uptim.ai for your own personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from https://uptim.ai
• Sell, rent or sub-license material from https://uptim.ai
• Reproduce, duplicate or copy material from https://uptim.ai
• Redistribute content from UptimAI s.r.o. (unless content is specifically made for redistribution).

Hyperlinking to our Content

We approve link to our home page, to publications or to other Web site information unless:

• (a) The link would reflect unfavorably on us or our accredited businesses ;
• (b) The organization does not have a satisfactory record with us;
• (c) The benefit to us from the visibility associated with the hyperlink is negative;
• (d) is in any way misleading;
• (e) does falsely imply sponsorship, endorsement or approval of the linking party and it products or services;
• (f) does not fit within the context of the linking party’s site.

If you are above category or not sure if you fall in them and you are interested in linking to our website, you must notify us by sending an e-mail to martin.kubicek@uptim.ai. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Downloadable content

By downloading, installation or activation of the content, you represent that you have read, understood and agree to be bound by the terms and conditions. If you do not accept these terms and conditions then you are not authorized to access, download, install or use the content.

The Licensed Programs are comprised of UptimAI´s trade secrets and proprietary information, whether or not any portion thereof is or may be copyrighted or patented

You are solely responsible for ensuring that the content is not used outside of any limits stated and that you comply with the terms and conditions of the software. Updated Terms Lists may be issued for each new version of the Software. You are solely responsible for reviewing and complying with new versions if you adopt Software updates.

You may not and will not authorize others to:

• (a) Decompile, disassemble, decrypt, extract, unbundle, translate, or otherwise attempt or assist others to reverse engineer any part of the Software
• (b) Alter, remove, or cover any trademark, logo, proprietary or licensing notices, labels, or marks in or on any part of the Software;
• (c) Sub-license, assign or otherwise transfer the Software to any third party;
• (d) Reveal any benchmark results obtained with the Software to any other individual or third party other than UptimAI´s employees, without prior written approval from UptimAI

You acknowledge and agree that you must cease all use of the Software and that any and all copies of the Software that you have in your possession must be destroyed immediately upon expiration of the provided license.

You acknowledge and agree that the Software constitutes confidential information.

You agree to (i) use the Software only as necessary to achieve the Purpose; to (ii) maintain Software in secure premises to prevent any unauthorized person from obtaining any part thereof and (iii) protect the Software by using the same degree of care as you use to protect your own confidential information of like nature, but no less than reasonable care, to prevent the unauthorized dissemination or publication and unauthorized use of the Software. In the event you are required to disclose the Software in connection with any legal, judicial or administrative proceedings or government investigation or otherwise required by law, then you will promptly notify UptimAI and allow a reasonable time for UptimAI to seek a protective or other court or administrative order from the appropriate court or government agency. Thereafter, the Software may be disclosed to the extent required by law and subject to any protective order or other court or administrative order which may then apply.

THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES THAT THE SOFTWARE IS FREE FROM DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UPTIMAI, OR ITS AFFILIATES, OR THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, OR LICENSORS (COLLECTIVELY “UPTIMAI AND ITS REPRESENTATIVES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF OR RELATING TO ANY USE OR INABILITY TO USE SOFTWARE, EVEN IF UPTIMAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF UPTIMAI AND ITS REPRESENTATIVES FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THIS SECTION WILL SURVIVE TERMINATION.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMER OF WARRANTY AND THE LIMITATIONS OF LIABILITY PROVIDED UNDER THIS SECTION CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.

Governing law and disputes

All disputes arising from the present contract and/or in connection with it shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said Rules of Arbitration. The language to be used in the arbitral proceedings shall be English. The arbitration proceedings shall be confidential.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury resulting from negligence;
• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• Limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

• (a) are subject to the preceding paragraph;
• (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.