Terms and Conditions
The Terms and Conditions is a binding contract that governs our relationship with our users. By signing up to Upscope or interacting with our website you agree to be bound by these terms.
The Terms and Conditions was last modified on May 24th, 2018. We notify our users of changes by email.
All our Terms are available at https://upscope.io/legal.
Purpose of the service
Upscope is a service that allows website owners to track their user's sessions and looking at what their users are doing on their website in real time. This allows for more relevant support, understanding of how the end users behave and make improvement to the user experience.
Your obligations to your users
As the owner of your website, you owe a duty to your users to protect their privacy and allow them to understand how they are being tracked, and enable them to make sensible choices.
Specifically it is your obligation and sole responsibility to:
- Make sure your users are informed and accept their session information (including page content) being sent and stored by Upscope (learn more about what data we store here);
- Ensure you comply with all applicable laws and regulations by using Upscope on your website.
By installing Upscope on your website, you accept liability for failing to adhere to the above conditions.
Keeping your account safe
To avoid leakage of data, it is your responsibility to keep your account safe. You are therefore required to:
- Ensure you keep the email account associated with Upscope safe;
- Ensure you monitor your email account for notifications from us;
Upscope is designed to comply with EU GDPR rules.
Payments and Renewals
Optional paid services such as extra capacity, or additional information are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay us the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Unless you notify us before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the “Billing” section of the Website.
This Agreement does not transfer from Upscope Limited to you any Upscope Limited or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Upscope Limited. Upscope Limited, Thrust Division, Upscope, the Thrust Division logo and all other trademarks, service marks graphics and logos used in connection with the Service, or the Website are trademarks or registered trademarks of Upscope Limited or Upscope Limited’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Upscope Limited or third-party trademarks.
We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Upscope within the designated notice period. Your continued use of the service will be subject to the new Terms. However, any dispute that arose before the change shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Upscope Limited may terminate your access to all or any part of the service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Upscope account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Service is provided “as is”. Upscope Limited and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Upscope Limited nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Upscope Limited, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages;
- the cost of procurement for substitute products or services;
- for interruption of use or loss or corruption of data; or
- for any amounts that exceed the fees paid by you to Upscope Limited under this agreement during the twelve (12) month period prior to the cause of action. Upscope Limited shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that:
- your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Upscope Limited, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Upscope Limited and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Upscope Limited, or by the posting by Upscope Limited of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in London, England. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Chartered Institute of Arbitration in London by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in London, England in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Upscope Limited may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If there are any questions regarding our terms of service you may contact us using the information below.
2nd Floor, 2 Sheraton St,
London W1F 8BH,
+44 20 3778 0432
Information we collect
When you visit our website and sign up for an account you might be asked to enter your name, email address, credit card information and other details to improve your experience and enable us to process your orders.
How we protect your information
We do not use vulnerability scanning and/or scanning to PCI standards. We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Usage of cookies
We use Google Analytics to analyze how our users interact with our website.
Third party disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Users can change their personal information from the dashboard, and delete all records we have of you by emailing us.
Do not track signals
We are not able to honor Do not track signals on our website as it would compromise the user experience.
When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under 13.
We will report any unlawful data breach of this website’s database or the database(s) of any of our third party data processors to any and all relevant persons and authorities within 72 hours of the breach if it is apparent that personal data stored in an identifiable manner has been stolen.
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
2nd Floor, 2 Sheraton Street,
London, W1F 8BH,
To contact us, please send us an email to firstname.lastname@example.org. We are also available by telephone at +44 20 3778 0432 during UK business hours.
Data Protection Officer
Mr Pardeep Kullar
Director, Upscope Ltd.
Telephone: +44 20 3778 0432
We strictly follow the rules set out by the CAN-SPAM act. Specifically, we collect your email address in order to create your account and allow you to recover it if necessary. It is also used to send transactional emails (e.g. notifications of payments) and occasional newsletters. You'll be able to opt out of the latter.
2nd Floor, 2 Sheraton St,
London W1F 8BH,
+44 20 3778 0432
Data Processing Addendum
The Data Processing Addendum amends and supersedes the Terms and Conditions to comply with the new GDPR.
The Data Processing Addendum was last modified on May 24th, 2018. We notify our users of changes by email.
This Upscope Data Processing Addendum (“Addendum”) amends the Upscope Terms and conditions of Service (the “Agreement”) by and between you and Upscope Limited, a UK company with offices at Medius house, 2 sheraton street, London, UK, W1F 8BH.
1.1 “Data Protection Legislation” means European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);
1.2 “Data Processor”, “Data Subject”, “Processor”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with applicable Data Protection Legislation;
1.3 “Personal Data” as used in this Addendum means information relating to an identifiable or identified Data Subject who you wish to engage with (a “Customer”), which Upscope Processes as a Data Processor in the course of providing you with the Services.
1.4 All other capitalized terms in this Addendum shall have the same definition as in the Agreement.
2. Data Protection
2.1. As part of providing the Services, Personal Data may be transferred to other regions such as the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
2.2. When Upscope Processes Personal Data in the course of providing the Services, Upscope will:
2.2.1. Process the Personal Data as a Data Processor, only for the purpose of providing the Services in accordance with documented instructions from you (provided that such instructions are commensurate with the functionalities of the Services), and as may subsequently be agreed to by you. If Upscope is required by law to Process the Personal Data for any other purpose, Upscope will provide you with prior notice of this requirement, unless Upscope is prohibited by law from providing such notice;
2.2.2. notify you if, in Upscope’s opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;
2.2.3. notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Upscope’s Processing of the Personal Data;
2.2.4. implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
2.2.5. provide you, upon request, with up-to-date attestations, reports or extracts thereof where available from a source charged with auditing Upscope’s data protection practices (e.g. external auditors, internal audit, data protection auditors), or suitable certifications, to enable you to assess compliance with the terms of this Addendum;
2.2.6. notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
2.2.7. ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and
2.2.8. upon termination of the Agreement, Upscope will promptly initiate its purge process to delete or anonymize the Personal Data.
2.3 In the course of providing the Services,you acknowledge and agree that Upscope may use Subprocessors to Process the Personal Data. Upscope’s use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Upscope and Subprocessor.
3.1 In the event of any conflict or inconsistency between the provisions of the Agreement and this Addendum, the provisions of this Addendum shall prevail. For avoidance of doubt and to the extent allowed by applicable law, any and all liability under this Addendum, including limitations thereof, will be governed by the relevant provisions of the Agreement. You acknowledge and agree that Upscope may amend this Addendum from time to time by posting the relevant amended and restated Addendum on Upscope’s website, available at https://upscope.io/legal and such amendments to the Addendum are effective as of the date of posting. Your continued use of the Services after the amended Addendum is posted to Upscope’s website constitutes your agreement to, and acceptance of, the amended Addendum. If you do not agree to any changes to the Addendum, do not continue to use the Service.
3.2 Save as specifically modified and amended in this Addendum, all of the terms, provisions and requirements contained in the Agreement shall remain in full force and effect and govern this Addendum. If any provision of the Addendum is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Addendum shall remain operative and binding on the parties.
3.3 The terms of this Addendum shall be governed by and interpreted in accordance with the laws of the UK, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the UK with respect to any dispute or claim arising out of or in connection with this Addendum.
To contact us, please send us an email to email@example.com.
We are also available by telephone at +44 20 3778 0432 during UK business hours.
If you'd like to send us a letter, please use the following address:
2nd Floor, 2 Sheraton Street,
London, W1F 8BH,
Upcope Limited is a UK limited company (Company number 10599571).
Our VAT number is GB264457681.