TERMS AND CONDITIONS

1. AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Uploadify LLC, doing business as Uploadify ("Uploadify", "we", "us", or "our"), concerning your access to and use of the https://www.uploadify.ai website and any related media channels or mobile applications (collectively, the "Site"). Uploadify is registered in Illinois, United States with offices at 2130 N Lincoln Park W, Chicago, IL 60614, Room 305.

Access to the Site constitutes agreement to all Terms and Conditions. If you disagree, you must discontinue use immediately.

Uploadify reserves rights to modify these Terms at any time, with updates noted by the "Last updated" date.

The Site is not intended for users under 18 years old.

2. INTELLECTUAL PROPERTY RIGHTS

All Site content, including source code, databases, software, designs, audio, video, text, photographs, and graphics (the "Content") and trademarks/service marks/logos (the "Marks") are owned or licensed by Uploadify and protected by copyright and trademark laws.

You receive a limited license to access and use the Site and download Content solely for personal, non-commercial purposes. No copying, reproduction, republishing, or commercial exploitation is permitted without express written permission.

3. USER REPRESENTATIONS

By using the Site, you represent that: (1) all registration information is true and accurate; (2) you will maintain accuracy; (3) you have legal capacity to comply with these Terms; (4) you are not a minor; (5) you will not use automated means to access the Site; (6) you will not use the Site for illegal purposes; and (7) your use complies with applicable laws.

Uploadify may suspend or terminate accounts providing false or incomplete information.

4. USER REGISTRATION

Users may be required to register. You must keep passwords confidential and are responsible for all account activity. Uploadify may remove usernames deemed inappropriate at its discretion.

5. FEES AND PAYMENT

Uploadify accepts Visa, Mastercard, Discover, American Express, and PayPal.

You agree to provide current, complete, and accurate purchase and account information. Payment information must be updated promptly to enable transactions.

All charges are in U.S. dollars. Sales tax is added as required. Uploadify may change prices at any time and reserves the right to correct pricing errors and refuse orders.

6. FREE TRIAL

New users receive a 30-day free trial. The account will not be charged and the subscription will be suspended until upgraded to a paid version at trial's end.

7. CANCELLATION

All purchases are non-refundable. Subscriptions may be cancelled by logging into your account or contacting Uploadify. Cancellation takes effect at the end of the current paid term.

For service dissatisfaction, contact: info@uploadify.ai or (US)+1 (929) 216-1464.

8. SOFTWARE

Uploadify may provide software with an end user license agreement (EULA) governing use. Without a EULA, Uploadify grants a non-exclusive, revocable, personal, non-transferable license for software used with services only.

Software and documentation are provided "as is" without any warranties, express or implied. Users accept all risk from software use or performance.

9. PROHIBITED ACTIVITIES

Users agree not to:

• Systematically retrieve data or content without written permission
• Defraud or mislead users or Uploadify
• Circumvent security-related features
• Disparage or harm Uploadify or the Site
• Use Site information to harass or harm others
• Misuse support services or submit false abuse reports
• Violate applicable laws or regulations
• Engage in unauthorized framing or linking
• Upload viruses, malware, or spam
• Engage in automated system use or data mining
• Delete copyright notices
• Impersonate other users
• Upload spyware or passive collection mechanisms
• Interfere with Site operations
• Harass Uploadify employees or agents
• Bypass Site access restrictions
• Copy or adapt Site software
• Decipher, decompile, or reverse engineer Site software
• Use automated systems, spiders, robots, or scrapers
• Use buying or purchasing agents
• Create unauthorized accounts
• Use the Site for competitive purposes or commercial enterprises

10. USER GENERATED CONTRIBUTIONS

The Site does not offer user content submission. However, Uploadify may provide opportunities to create and submit materials (text, video, audio, photographs, graphics, comments).

When creating Contributions, you represent and warrant that:

• Your Contributions do not infringe third-party rights
• You own necessary licenses and permissions
• You have consent from identifiable individuals
• Your Contributions are accurate and not misleading
• Your Contributions are not unsolicited advertising, spam, or chain letters
• Your Contributions are not obscene, violent, harassing, libelous, or slanderous
• Your Contributions do not ridicule, mock, or intimidate others
• Your Contributions do not harass or promote violence
• Your Contributions comply with applicable laws
• Your Contributions do not violate privacy or publicity rights
• Your Contributions do not involve child exploitation
• Your Contributions do not contain offensive comments about race, origin, gender, preference, or physical condition
• Your Contributions do not violate these Terms or applicable law

Violations may result in termination or suspension of Site access.

11. CONTRIBUTION LICENSE

Uploadify may access, store, process, and use information and data you provide per the Privacy Policy. Suggestions and feedback regarding the Site may be used and shared without compensation.

Uploadify does not claim ownership of Contributions. You retain full ownership and intellectual property rights. You are solely responsible for your Contributions and exonerate Uploadify from responsibility for them.

12. SUBMISSIONS

Questions, comments, suggestions, ideas, feedback, or information regarding the Site ("Submissions") become Uploadify's sole property. Uploadify owns exclusive rights including all intellectual property rights and may use Submissions without acknowledgment or compensation. You waive moral rights to Submissions and warrant they are original or that you have rights to submit them.

13. U.S. GOVERNMENT RIGHTS

Uploadify's services are commercial items subject to Federal Acquisition Regulation (FAR) 2.101. For non-Defense Department agencies, services are subject to FAR 12.212 (computer software) and FAR 12.211 (technical data). For Defense Department agencies, services are subject to Defense Federal Acquisition Regulation (DFARS) 227.7202-3, with DFARS 252.227-7015 applying to technical data.

14. SITE MANAGEMENT

Uploadify reserves the right to: (1) monitor for violations; (2) take legal action against violators; (3) refuse, restrict, or disable Contributions; (4) remove excessive or burdensome files; and (5) manage the Site to protect rights and facilitate proper functioning.

15. PRIVACY POLICY

Users agree to be bound by Uploadify's Privacy Policy, incorporated into these Terms. The Site is hosted in the United States. Users accessing from other regions with different data governance laws agree to data transfer to the U.S. for processing.

16. TERM AND TERMINATION

These Terms remain in effect during Site use. Uploadify reserves the right to deny Site access to any person for any reason without notice or liability, including for breach of these Terms.

Uploadify may terminate accounts and delete associated content without warning. Users cannot register new accounts under their own name, fake names, or third-party names after termination. Uploadify reserves rights to pursue civil, criminal, and injunctive remedies.

17. MODIFICATIONS AND INTERRUPTIONS

Uploadify reserves the right to change, modify, or remove Site contents at any time without notice. Uploadify has no obligation to update information.

Uploadify reserves the right to modify or discontinue the Site without notice. Uploadify is not liable for Site unavailability, interruptions, delays, or errors. Uploadify has no obligation to maintain, support, or provide updates.

18. GOVERNING LAW

These Terms and Site use are governed by New York State law applicable to agreements made and performed within New York, without regard to conflict of law principles.

19. DISPUTE RESOLUTION

Legal actions by either party shall be commenced in state and federal courts located in New York, New York. Both parties consent to and waive lack of personal jurisdiction defenses. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded. Claims must be brought within one year of the cause of action arising.

20. CORRECTIONS

Uploadify reserves the right to correct typographical errors, inaccuracies, or omissions on the Site at any time without prior notice.

21. DISCLAIMER

The Site is provided on an "as-is" and "as-available" basis. Your use is at your sole risk. Uploadify disclaims all warranties, express or implied, including merchantability, fitness for particular purpose, and non-infringement.

Uploadify makes no warranties about Site content accuracy or linked website content. Uploadify assumes no liability for errors, personal injury, property damage, unauthorized access, transmission interruptions, viruses, bugs, or content loss resulting from Site use.

Uploadify does not warrant, endorse, guarantee, or assume responsibility for third-party products or services advertised on the Site.

Everything in this agreement is subject to change at Uploadify's discretion.

22. LIMITATIONS OF LIABILITY

Uploadify and its directors, employees, or agents will not be liable for direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, revenue, or data arising from Site use, even if advised of damage possibility.

Liability is limited to the amount paid by you to Uploadify in the six months prior to any cause of action arising.

Some jurisdictions do not allow warranty limitations or damage exclusions; applicable laws may provide additional rights.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold Uploadify harmless, including its subsidiaries, affiliates, officers, agents, partners, and employees, from loss, damage, liability, claims, or demands (including reasonable attorneys' fees) made by third parties due to: (1) Site use; (2) breach of these Terms; (3) breach of your representations; (4) violation of third-party rights including intellectual property; or (5) harmful acts toward other Site users.

Uploadify reserves the right to assume exclusive defense and control of any indemnification matter at your expense. You agree to cooperate with Uploadify's defense. Uploadify will use reasonable efforts to notify you of claims subject to indemnification.

24. USER DATA

Uploadify maintains data you transmit for Site management performance. Though regular backups are performed, you are solely responsible for all transmitted data.

Uploadify has no liability for data loss or corruption. You waive any right of action against Uploadify for such loss or corruption.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Site visits, emails, and online forms constitute electronic communications. You consent to electronic communications and agree that all agreements, notices, disclosures, and communications from Uploadify satisfy legal writing requirements.

You agree to electronic signatures, contracts, orders, and records, and electronic delivery of notices, policies, and transaction records. You waive rights under laws requiring original signatures or non-electronic records.

26. CALIFORNIA USERS AND RESIDENTS

For unresolved complaints, contact the California Department of Consumer Affairs Complaint Assistance Unit at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Terms and any Site policies constitute the entire agreement between you and Uploadify. Uploadify's failure to enforce any provision does not constitute waiver.

These Terms operate to the fullest extent permissible by law. Uploadify may assign all rights and obligations to others at any time. Uploadify is not responsible for losses caused by events beyond reasonable control.

If any provision is deemed unlawful or unenforceable, that provision is severable and does not affect remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and Uploadify.

These Terms will not be construed against Uploadify by virtue of drafting them. You waive defenses based on these Terms' electronic form and lack of signatures.

28. CONTACT US

For complaints or further information:

Uploadify LLC
8 The Green, Suite A
Dover, Delaware 19901
United States

Phone: (US)+1 (929) 216-1464
Email: info@uploadify.ai