Terms of Use

TERMS OF USE

Effective Date: 01-01-2025

Welcome to Upscalus ("Company", "we", "our", or "us"). By accessing or using www.upscalus.com ("Website"), you agree to comply with and be bound by these Terms of Use. If you do not agree with these terms, please discontinue use of the Website and our services.

1. Company Information

Upscalus

Website: www.upscalus.com

Email: hello@upscalus.com

Phone: +91 85888 58101 | +91 87967 72909

Offices:

1. Upscalus Complex, F1/12 Bisrakh Sec-01, Greater Noida West – 201318

2. F-02, Rampyare Lal Complex, Jalhupur Rd, Jalhupur, Varanasi – 221104

2. Services

Upscalus provides services including but not limited to:

• Website Development

• E-commerce Solutions

• Marketplace Management

• Search Engine Optimization (SEO)

• Digital Marketing

• Social Media Management

• Graphic Design

• Branding Services

• Advertising Management

• Business Consulting

We reserve the right to modify, suspend, or discontinue any service without prior notice.

3. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use our services.

4. User Responsibilities

You agree that you will:

• Provide accurate information.

• Use the website lawfully.

• Not attempt unauthorized access to our systems.

• Not interfere with website operations.

• Not upload malicious software or harmful content.

• Not infringe intellectual property rights.

Any misuse may result in termination of access and legal action.

5. Intellectual Property

All content on this website, including but not limited to:

• Logos

• Designs

• Graphics

• Text

• Images

• Videos

• Software

• Marketing Materials

are the property of Upscalus or its licensors and are protected by applicable intellectual property laws.

No content may be copied, reproduced, modified, distributed, or commercially exploited without prior written consent.

6. Client Materials

Clients retain ownership of materials supplied to Upscalus.

By providing content, the client confirms they possess all necessary rights and permissions to use such materials.

The client shall indemnify Upscalus against any claims arising from unauthorized use of submitted content.

7. Quotes and Pricing

All quotations are valid for 30 days unless otherwise specified.

Prices may change without notice for future projects.

Custom projects may require advance payments before work commences.

8. Payments

Clients agree to make payments according to agreed schedules.

Late payments may result in:

• Service suspension

• Delayed delivery

• Additional fees

• Termination of services

Ownership of deliverables may remain with Upscalus until full payment is received.

9. Refund Policy

Due to the nature of digital services:

• Advance payments are generally non-refundable once work has commenced.

• Completed milestones are non-refundable.

• Refund requests will be reviewed on a case-by-case basis.

Specific project agreements may contain additional refund terms.

10. Project Timelines

Estimated delivery timelines are provided in good faith.

Upscalus shall not be responsible for delays caused by:

• Client approval delays

• Incomplete information

• Third-party service providers

• Technical issues beyond our control

• Force majeure events

11. Third-Party Platforms

Our services may involve third-party platforms including:

• Google

• Meta

• Shopify

• Amazon

• Flipkart

• Meesho

• Hosting Providers

• Payment Processors

Upscalus is not responsible for changes, suspensions, penalties, outages, or policy updates imposed by third-party platforms.

12. SEO and Marketing Disclaimer

While we apply industry best practices, Upscalus does not guarantee:

• Search engine rankings

• Website traffic levels

• Lead generation volume

• Sales performance

• Advertising outcomes

Results depend on numerous factors outside our control.

13. Limitation of Liability

To the maximum extent permitted by law, Upscalus shall not be liable for:

• Indirect damages

• Loss of profits

• Loss of revenue

• Loss of business opportunities

• Data loss

• Consequential damages

Total liability shall not exceed the fees paid by the client during the preceding three months for the relevant service.

14. Confidentiality

Both parties agree to keep confidential information private and not disclose it to unauthorized third parties except where required by law.

15. Termination

We reserve the right to suspend or terminate services if:

• Terms are violated

• Payments remain unpaid

• Fraudulent activity is suspected

• Client conduct becomes abusive or unlawful

16. Indemnification

You agree to indemnify and hold harmless Upscalus, its employees, directors, contractors, and affiliates from claims, losses, damages, liabilities, and expenses arising from your use of our services.

17. Governing Law

These Terms shall be governed by and interpreted under the laws of India.

Any disputes shall be subject to the exclusive jurisdiction of the courts of Gautam Buddha Nagar, Uttar Pradesh.

18. Changes to Terms

Upscalus may update these Terms of Use at any time.

Continued use of the Website after modifications constitutes acceptance of the revised Terms.

19. Contact Information

For any questions regarding these Terms:

Upscalus

Email: hello@upscalus.com

Website: www.upscalus.com

Phone: +91 85888 58101 | +91 87967 72909