Terms of Service

Information about us

These are the terms of service (“Terms”) for Tech Partners (“us/we/our”) which apply to all use of our Upstring software subscription service (“Service”).

We reserve the right to amend these Terms from time to time and will post a message on our homepage along with the new version of the Terms if that happens. Your continued use of the Service will be deemed to be acceptance of any new Terms.

Trial use

Where you have signed up to use our Service on a free trial basis, these Terms will apply to you during your trial period, with the exception of the ‘Payment’ section below.

Our contract with you

Standard accounts

If you register to create an account (“Account”) with us online, we will send you an email to confirm whether your application is accepted. Our contract with you (“Contract”) is formed when we send this email and is comprised of:

your online application detailing your chosen subscription package and where these Terms are accepted (“Registration Page”);
our email confirmation;
and these Terms

All Accounts

For month-to-month Contracts, the initial subscription term is one month. Your Contract will automatically renew for successive periods of one month after the initial subscription term, unless you cancel the Contract before the end of this period (or before the end of the current renewal period).

The Contract will run on either a monthly or annual subscription basis (as set out in the Registration Page or Registration Confirmation) unless you have registered on a free trial basis.

Renewal of Accounts

Please note we reserve the right at our discretion to reject applications to use our Service.

For annual Contracts, the initial subscription term is one year. Your Contract will automatically renew for successive periods of one year, unless you cancel the Contract before the end of the initial subscription term (or before the end of the current renewal period).

Changing your Subscription Package

You can upgrade the subscription package of your Contract at any time through your user account options. This includes the ability to change from a monthly to an annual subscription package. Any change in price will automatically be applied to your Account.

You can also downgrade the subscription package of your Contract through your user account options, however the change to your subscription package will only take effect at the end of the initial subscription term (or current renewal period). Any change in price will automatically be applied to your Account.

Cancellation

You can choose to stop the Service at any time by cancelling your Contract through your user account options, in which case your Contract will expire at the end of the initial subscription term or current renewal period (as applicable). No further subscription fees will be charged but we shall not be obliged to refund any fees paid.

Termination

We shall be entitled to terminate the Contract at any time if you are in material breach of the Contract (e.g. fail to pay subscription fees) and either you fail to remedy the breach within the timescale we request or the breach is not capable of being remedied. We shall also be entitled to terminate the Contract if you become insolvent. Where we terminate the Contract due to your breach or insolvency we shall not be obliged to refund any subscription fees you may have paid us.

These rights of termination will also apply to you against us. Where you terminate the Contract due to our insolvency or our material breach of the Contract (where we have not remedied the breach within 30 days of your written notification to do so, or the breach is not capable of being remedied), then you shall be entitled to a refund of any fees paid for services which have not been performed.

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave one of our websites, we encourage you to read the privacy notice of every website you visit.

Use of your Account

Once the Contract is formed, and subject to you and all users you have authorised to access your Account (“Authorised Users”) complying with these Terms, you will be entitled to use, and permit Authorised Users to use, the Services via your Account solely for collecting, organising, managing and collaborating on content for a specific project or projects. You are responsible for your Authorised Users’ use of the Service.

Authorised Users use of the Services will be subject to these Terms. Each Authorised User shall keep a secure password for his use of the Services via your Account. You must only allow the permitted number of Authorised Users to access your Account to use the Services. If you discover any unauthorised use of the Service you must promptly let us know.

You must keep your password and account details secure and ensure that only you and Authorised Users access your Account.

You and your Authorised Users shall not store or transmit any computer virus, or any material during the use of the Services that:

is unlawful, threatening, defamatory, obscene, infringing , discriminatory or is racially offensive;
facilitates or encourages illegal activity;
depicts sexually explicit images; or
promotes unlawful violence or causes damage or injury to any person or property,

and we reserve the right, without liability to you, to disable your access to any material that breaches this provision.

You are responsible for complying with the laws of the country from where you use the Service and to ensure you have all necessary permission and consents in place in relation to your use of the Service.

Hateful Imagery and Content

You may not use hateful images or symbols in your profile. You also may not use your profile to engage in abusive behavior, such as targeted harassment or expressing hate towards a person, group, or protected category.

You may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories.

Payment

A subscription fee is due in advance for use of the Service (i.e. monthly in advance for month to month Contracts, and annually in advance for annual Contracts). The subscription fee will be detailed in your Registration Page or Registration Confirmation (as applicable). It will be clear before you purchase any Service whether VAT or other applicable taxes are included in the price or still to be added.

You may request a refund within the first 30 days of paid service if you are unsatisfied for any reason by emailing hello@upstring.io. We will refund your first payment in full within 30 days. After the first 30 days all payments are non-refundable.

You must provide us with valid, up-to-date and complete credit card (or similar card) details, and you authorise us to bill such card on or after the first day of your initial subscription term, and thereafter on or after the first day of each subsequent renewal period.

Payment by credit card (or similar card) will be processed via Stripe. Where your card payment is not successful, or where you have failed to make payment of our invoice on the due date for payment, we will contact you and suspend access to your Account until payment has been made.

We shall be entitled to increase our subscription fees upon 14 days’ prior notice to you.

Please note that you are not entitled to a refund of subscription fees paid to us unless you terminate the Contract because of our material breach or insolvency in accordance with the ‘Our contract with you’ section above. (With the exception of the first 30 days of your paid service.)

Ownership of data

We do not monitor Your Data posted or provided as part of the Service. You are solely responsible for all the data you enter or upload using the Service (“Your Data”), and any intellectual property rights in Your Data will be owned by you. We will comply with our Privacy Policy in relation to the use of Your Data.

In the event of any loss or damage to Your Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up under our archiving procedure. We shall not be responsible for any loss, damage or disclosure of Your Data caused by any third party.

Where the Contract has expired or the Contract has been terminated by either of us, you may request a copy of Your Data from us within 12 months of the expiry or termination date (as applicable). After that period we will delete your Account, including invoice details, and all Your Data. It is your responsibility to either export and/or copy Your Data prior to the expiry or termination date, or request a copy from us within 12 months days of such date.

Data Protection

If Your Data includes any personal data (as that term is defined in the Data Protection Legislation), then you acknowledge that we shall be deemed the data processor and you are the data controller in respect of any such personal data (where “controller”, “processor” and “personal data” have the meanings as defined in Data Protection Legislation).

We shall comply with our, and you shall comply with your, respective obligations under the Data Protection Legislation (where “Data Protection Legislation” means (i) unless and until it is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK; and (ii) any successor legislation to the GDPR or the Data Protection Act 1998 from time to time in force in the UK. This section is in addition to, and does not relieve, remove or replace, your or our obligations under Data Protection Legislation.

The scope, nature and purpose of processing by us is the provision of our Service. The type of personal data will be set out in any data you upload using the Service and the categories of data subjects are any individuals that may be referred to within such data. The duration of the processing is that of our retention period, which is a maximum of 12 months from expiry or termination of your Account.

You must ensure that you have all necessary consents and notices in place to enable lawful transfer of any personal data to us for the duration and purposes of this Contract.

We shall, in relation to any personal data processed in connection with the performance by us of our obligations under this Contract:

process the personal data only on your written instructions (unless otherwise required by applicable law);
maintain records of any processing of personal data that we carry out on your behalf;
ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
notify you without undue delay on becoming aware of a personal data breach; and
at your written direction, delete or return personal data and copies thereof to you on termination of this Contract (unless required by applicable law(s) to store the personal data).

You consent to us appointing third-party processors of personal data who assist with web-hosting under this Contract and, in particular, the appointment of Supabase and Retool. You acknowledge that our appointment of Supabase and Retool may involve transfer of personal data out of the EEA and accordingly you consent to such transfer.

We confirm that we have entered, or will enter (as the case may be), a written agreement with any such third-party processor incorporating terms which are substantially similar to those set out in this section.

You warrant that:

you are not aware of any circumstances likely to give rise to breach of the Data Protection Legislation (including any personal data breach);
you have a lawful basis under the Data Protection Legislation to transfer the personal data to us for processing under this Contract, and such use will comply with all Data Protection Legislation;
you will promptly notify us of any action we must take to assist you with ensuring compliance with your obligations under Data Protection Legislation, including with request to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; and
the personal data is necessary, adequate, relevant, accurate and up-to-date and you will notify us promptly of any changes to the personal data.

Availability of Service

We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours.

We will endeavour to respond to all customer support queries within 48 hours from Monday through Friday excluding national holidays.

You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

Our rights in the service

The Upstring Service is our proprietary service, and all intellectual property rights in it are owned by or validly licensed to us.

Software and related documentation provided in relation to the Service is only provided in relation to your use of the Service and are not provided, or to be used, for any other purpose. Except where this is part of your legitimate use of the Service you are not permitted to copy, modify, republish, download, display or distribute all or any part of such software or documentation in any form or media or by any means. Nor are you permitted to reverse compile, disassemble, or reverse engineer such software or make use of such software or documentation to build a product or service which competes with our Service.

Liability

This section sets out our entire liability to you in respect of any breach of Contract or any use made by you of the Service.

The Service is provided on an ‘as is’ basis, and we do not guarantee that the Service will be suitable for your intended use. However, nothing in these Terms seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

Subject to the paragraph above, we exclude all other liability to the extent permitted by law and we shall not be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss. Except for liabilities we have expressly not excluded, our total aggregate liability arising under the Contract or otherwise relating to the Service shall be limited to the total of subscription fees paid by you in the one month period preceding the date on which the claim arose, or where you have paid for a block period in advance, the average monthly charge for that period.

General legal provisions

We shall have no liability to you under the Contract if we are prevented from or delayed in performing our obligations under the Contract or from carrying on our business by acts or events beyond our reasonable control.

If we choose to waive any particular right we have under the Contract on any particular occasion this does not prevent us from exercising that right on another occasion.

If any part of the Contract is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Contract.

You are not entitled to transfer or assign your rights and obligations under the Contract to anyone else without our prior written permission.

If there are any disputes arising out of your use of the Service or relating to the Contract then these will be governed by the laws of England. If either party require to raise court proceedings in relation to any such dispute then these proceedings must be raised in England.

Terms of Website Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our public facing website www.upstring.io (our site). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

Other than in relation to content you create or upload using our services, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Other than in relation to content you create or upload using our services, the following conditions apply:

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity

Nothing in these Terms seeks to exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. However beyond that we exclude all other liability to the extent permitted at law.

In no event shall we be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss, and except for liabilities we have expressly not excluded, our total aggregate liability arising under the Contract or otherwise relating to the Service shall be limited to the total of subscription fees paid by you in the previous month.

Applicable law

These terms of use shall be governed by the laws of England. If either party require to raise court proceedings in relation to any dispute relating to these terms or your use of our site then these proceedings must be raised in England.