Terms of Use

Please read carefully the following terms and conditions (“Terms”) before using Upper: Route Planner App (“Application Provider”). The Terms below governs your use of the Licensed Application. By using the Licensed Application you accept this Terms and agree to be bound by the Terms. These Terms form a legally binding agreement between you and Application Provider in relation to your use of the Licensed Application. If you do not agree to these Terms, please do not use the Licensed Application. Application Provider reserves the right, at its sole discretion, to change, modify, add or remove portion of the Terms at any time.

You agree that you are solely responsible for (and that Application Provider has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Application Provider may suffer) of any such breach. You agree that you are using the app in accordance with any laws applicable in your country.

No warranty: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Loss of Data:

Upper Route Planner shall not be liable for any loss of, or damage to, data or programs to the extent that such loss or damage would have been avoided or mitigated by adequate preventative measures of the User. We recommend that the User to create a daily back-up copy of all data they wish to maintain and preserve.

Account Access

You must provide your valid email address, and any other information requested, in order to complete the subscription process and become a registrant. Your login may only be used by one person. A single login shared by multiple users is not permitted. We reserve the right to cancel or suspend your access to the Service if we see any suspicious activity in your account that reasonably points out you willingly and/ or knowingly shared your credentials with another user. You are responsible for maintaining the security of your account and password. Upper Route Planner cannot and will not be liable for any loss or damage from your failure to comply with this obligation.

If you have any questions, feel free to contact us as at support@upperinc.com.

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