Terms of Use

Agreement to our legal terms

We are CLEEVIO s.r.o. ("Company," "we," "us," "our"), operating http://www.upratehq.com and related products and services that reference these legal terms (the "Services").

Contact: [email protected] · CLEEVIO s.r.o., Karolinská 706/3, Prague 18600, Czechia.

These Legal Terms constitute a binding agreement between you and CLEEVIO s.r.o. concerning your access to and use of the Services. By accessing the Services, you confirm you have read, understood, and agreed to be bound by all terms. If you disagree, you are prohibited from using the Services.

We reserve the right to modify these terms at any time, with updates noted by changing the "Last updated" date. Continued use following modifications constitutes acceptance.

Table of contents

1. Our services
2. Intellectual property rights
3. User representations
4. Prohibited activities
5. User generated contributions
6. Contribution license
7. Services management
8. Term and termination
9. Modifications and interruptions
10. Governing law
11. Dispute resolution
12. Corrections
13. Disclaimer
14. Limitations of liability
15. Indemnification
16. User data
17. Electronic communications, transactions, and signatures
18. Miscellaneous
19. Contact us

1. Our services

Information provided through the Services is not intended for distribution to or use by persons in jurisdictions where such distribution would violate law or regulation. Users accessing the Services from other locations do so at their own initiative and are responsible for local law compliance.

2. Intellectual property rights

Our intellectual property

We own or license all intellectual property rights in the Services, including source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, trademarks, service marks, and logos. All Content and Marks are provided "AS IS" for personal, non-commercial use or internal business purposes only.

Your use of our services

Subject to compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print Content copies to which you have properly gained access.

No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for commercial purposes without our express written permission.

Your submissions

Submissions: Directly sending us questions, comments, suggestions, ideas, feedback, or information means you assign all intellectual property rights in such Submission to us. We may use and disseminate Submissions for any lawful purpose without acknowledgment or compensation.

You are responsible for your posts and uploads. You warrant that Submissions are original or properly licensed, do not violate applicable law, and do not constitute confidential information.

3. User representations

By using the Services, you represent and warrant that you have legal capacity, are not a minor in your jurisdiction, will not access the Services through automated or non-human means, will not use the Services for illegal or unauthorized purposes, and will not violate applicable law.

4. Prohibited activities

You may not access or use the Services for any purpose other than intended, and may not use it in connection with commercial endeavors except those specifically endorsed or approved by us.

• Systematically retrieve data or content to create collections, compilations, databases, or directories without written permission.
• Trick, defraud, mislead, harass, abuse, or harm us or other users.
• Circumvent, disable, or interfere with security-related features.
• Upload viruses, Trojan horses, spam, or other material that disrupts the Services.
• Use automated systems, data mining, robots, scrapers, or similar tools without authorization.
• Copy, adapt, decipher, decompile, disassemble, or reverse engineer Services software except as permitted by law.
• Use the Services to compete with us or for unauthorized revenue-generating purposes.

5. User generated contributions

The Services do not offer users the ability to submit or post content, though we may provide opportunities to create, submit, display, transmit, publish, or distribute content and materials to us or through the Services.

6. Contribution license

You agree we may access, store, process, and use information and personal data you provide. By submitting suggestions or feedback, you agree we may use and share such feedback for any purpose without compensation.

7. Services management

We reserve the right to monitor the Services for violations, take legal action, restrict access to Contributions, remove burdensome content, and otherwise manage the Services to protect our rights and property.

8. Term and termination

These Legal Terms remain in full force while you use the Services.

We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services to any person for any reason or no reason, including breach of these Legal Terms or applicable law.

If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake name, a borrowed name, or any third party's name.

9. Modifications and interruptions

We reserve the right to change, modify, remove, suspend, discontinue, or otherwise modify Services contents at any time without notice. We cannot guarantee Services availability at all times and are not liable for interruptions, delays, errors, or discontinuance.

10. Governing law

These Legal Terms shall be governed by and defined following Czechia laws. CLEEVIO s.r.o. and yourself irrevocably consent that Czechia courts have exclusive jurisdiction over disputes arising from these Legal Terms.

11. Dispute resolution

Informal negotiations

The Parties agree to first attempt informal Dispute negotiation for at least thirty (30) days before initiating arbitration.

Binding arbitration

Any dispute arising from or in connection with these Legal Terms shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber according to the ICAC Rules.

• Number of arbitrators: One (1)
• Seat/legal place of arbitration: Prague, Czechia
• Proceedings language: English
• Governing substantive law: Czechia

Restrictions and exceptions

Arbitration is limited to individual disputes. No arbitration shall be joined with another proceeding, and there is no right for class-action or representative arbitration. Disputes concerning intellectual property rights, theft, piracy, invasion of privacy, unauthorized use, or injunctive relief are excluded.

12. Corrections

Services information may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct them and update Services information at any time without prior notice.

13. Disclaimer

The Services are provided on an as-is and as-available basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. Limitations of liability

In no event will we or our directors, employees, or agents be liable for direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, arising from your Services use.

15. Indemnification

You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising from Services use, breach of these Legal Terms, breach of your representations and warranties, violation of third-party rights, or harmful acts toward another Services user.

16. User data

We maintain certain data you transmit to the Services for managing Services performance. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to activity you undertake using the Services.

17. Electronic communications, transactions, and signatures

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that electronic agreements, notices, disclosures, and communications satisfy legal writing requirements.

18. Miscellaneous

These Legal Terms and posted policies constitute the entire agreement between you and us. Failure to enforce any provision is not a waiver. If any provision is unlawful or unenforceable, it is severable and does not affect remaining provisions.

19. Contact us

To resolve a Services complaint or receive further information: