These Terms of Use govern your use of the website located at https://www.upscaler.io and web application located at https://app.upscaler.app (collectively known as "the Resources") and any related services provided by Upscaler Limited.

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By accessing https://www.upscaler.io or https://app.upscaler.app you agree to abide by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree with these Terms of Use, you are prohibited from using or accessing the Resources or using any other services provided by Upscaler Limited.

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We, Upscaler Limited, reserve the right to review and amend any of these Terms of Use at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Use will take effect immediately from the date of publication.

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These Terms of Use were last updated on 21 January 2022.

Limitations of Use

By using the Resources you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on the Resources;
2. remove any copyright or other proprietary notations from any materials and software on the Resources;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use the Resources or any of their associated services in a way that abuses or disrupts our networks or any other service Upscaler Limited provides;
5. use the Resources or their associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use the Resources or their associated services in violation of any applicable laws or regulations;
7. use the Resources in conjunction with sending unauthorised advertising or spam;
8. harvest, collect or gather user data without the user’s consent; or
9. use the Resources or their associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in the Resources are owned by or licensed to Upscaler Limited and are protected by applicable copyright and trademark law. Subject to a minimum payment of three (3) months service we grant our customers permission to download one copy of the materials for internal, non-commercial transitory use.

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This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Use, and may be terminated by Upscaler Limited at any time.

Liability

The Resources and the materials on the Resources are provided on an 'as is' basis. To the extent permitted by law, Upscaler Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

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In no event shall Upscaler Limited or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use the Resources or the materials on the Resources, even if Upscaler Limited or an authorised representative has been notified, orally or in writing, of the possibility of such damage.

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In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

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Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on the Resources are not comprehensive and are for general information purposes only. Upscaler Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Resources, or otherwise relating to such materials or on any external resources linked to the Resources.

Links

Upscaler Limited has not reviewed all of the sites linked to the Resources and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Upscaler Limited of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use the Resources and terminate these Terms of Use immediately upon written notice to you for any breach of these Terms of Use.

Severance

Any term of these Terms of Use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Use is not affected.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of Ireland. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

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