Introduction

Welcome to Yupuwa. These Terms of Service ("Terms") govern your use of our website, services, and AI solutions (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Yupuwa provides cutting-edge AI solutions for business process optimization in Canada. These Terms constitute a legally binding agreement between you and Yupuwa ("we," "us," or "our").

Acceptance of Terms

By using our Services, you represent that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

We reserve the right to update or modify these Terms at any time without prior notice. The revised Terms will be effective immediately upon posting on our website. Your continued use of our Services after any changes constitutes acceptance of the revised Terms.

Description of Services

Yupuwa provides AI-powered solutions for business process optimization, including but not limited to:

  • Process optimization tools
  • Data analytics and insights
  • Customer intelligence solutions
  • Custom AI development
  • Consulting and implementation services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our Services.

User Accounts

To access certain features of our Services, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that may arise from the unauthorized use of your account.

Account Termination

We reserve the right to suspend or terminate your account and access to our Services at our sole discretion, without prior notice or liability, for any reason, including but not limited to breach of these Terms or fraudulent or illegal activity.

Payment Terms

Our Services are offered on a subscription basis with various pricing plans. By subscribing to our Services, you agree to pay all applicable fees and taxes.

Billing and Renewal

Unless otherwise stated, subscription fees are billed in advance on a monthly or annual basis, depending on the selected plan. Your subscription will automatically renew unless you cancel it before the end of the current billing period. We will notify you of any price changes at least 30 days before they take effect.

Refunds

Except as required by law, all fees are non-refundable. We may offer refunds in our sole discretion on a case-by-case basis. If you believe you are entitled to a refund, please contact our customer support team.

Payment Methods

We accept various payment methods, including credit cards and electronic transfers. By providing a payment method, you represent that you are authorized to use the chosen payment method and that you authorize us to charge the specified amount for your subscription.

Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, and other materials, are owned by Yupuwa or its licensors and are protected by copyright, trademark, and other intellectual property laws.

License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

User Content

You retain all rights to any content you submit, upload, or otherwise make available through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such User Content solely for the purpose of providing and improving our Services.

Feedback

If you provide us with any feedback, suggestions, or ideas regarding our Services, you grant us the right to use such feedback without restriction or compensation.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using our Services for any illegal or unauthorized purpose
  • Violating any applicable laws or regulations
  • Infringing upon the rights of others, including intellectual property rights
  • Attempting to gain unauthorized access to our systems or networks
  • Transmitting viruses, malware, or other harmful code
  • Interfering with or disrupting the integrity or performance of our Services
  • Collecting or harvesting personal information of other users without their consent
  • Impersonating another person or entity or misrepresenting your affiliation with a person or entity
  • Using our Services to create, develop, or compete with similar services

Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you agree to the collection and use of information in accordance with our Privacy Policy.

Disclaimers and Limitations of Liability

Our Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the fullest extent permitted by law, Yupuwa shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, arising out of or related to your use of our Services.

Indemnification

You agree to indemnify and hold Yupuwa and its officers, directors, employees, and affiliates harmless from any claims, damages, liabilities, costs, and fees, including reasonable attorneys' fees, arising out of or related to your use of our Services, violation of these Terms, or infringement of any third-party rights.

Term and Termination

These Terms will remain in effect until terminated by either party. You may terminate these Terms at any time by discontinuing your use of our Services and canceling your subscription, if applicable.

We reserve the right to terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use our Services will cease immediately.

The following provisions will survive termination: Payment Terms, Intellectual Property Rights, Disclaimers and Limitations of Liability, Indemnification, and General Provisions.

Governing Law and Dispute Resolution

These Terms and your use of our Services are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, without regard to its conflict of law principles.

Arbitration

Any dispute arising out of or related to these Terms or our Services will be resolved through binding arbitration in accordance with the rules of the ADR Institute of Ontario. The arbitration will be conducted in Toronto, Ontario, and the language of the arbitration will be English.

Class Action Waiver

You agree to resolve any disputes on an individual basis and waive any right to participate in a class action, class-wide arbitration, or representative proceeding.

General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and Yupuwa regarding your use of our Services and supersede all prior agreements, communications, and proposals, whether oral or written.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms at our discretion.

Notices

All notices and other communications under these Terms will be in writing and will be deemed given when delivered by email, registered mail, or express courier to the addresses specified in these Terms or as otherwise provided by either party.

Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:

  • Email: legal@yupuwa-gegufi.pics
  • Phone: +1 (437) 291-3984
  • Mail: 475 Richmond St W, Toronto, ON M5V 1E6, Canada

Last Updated: November 15, 2023