1. DEFINITIONS

Account means an account you create when you access the Services.

Feature Terms means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish, which apply to your use of those specific services and state they are part of these Terms.
Offers means special programs, including offers, excursions, and special gifts, both digital and tactile, that Upschool may offer from time to time to certain eligible trainees.
Services means our trainings, products, services, content, UPSCHOOL.com, and/or other domains or websites operated by UPSCHOOL.
Terms of Service or Terms means these terms of service.
User Content means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your personal details.
Upschool Corporate Family means UPSCHOOL’s subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and their agents, consultants, employees, officers and directors.
Upschool Affiliates& refers to the Upschool Corporate Family plus Upschool’s and the Upschool Corporate Family’s third-party content providers, distributors, licensees, or licensors.

2. CHANGES TO THESE TERMS

We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms, Community Rules, or Feature Terms at any time by posting the amended Terms, Community Rules, or Feature Terms on our sites or within the Services (training) such as through in-game notices). We may provide additional notice, such as an e-mail message or messaging within the Services, of any material changes. Unless we state otherwise, changes are effective when posted. New versions of the Terms, Community Rules, and Feature Terms, and any other policies, codes, or rules will be accessible at www.Upschool.com or from within the Services. If you continue to use the Services after the changes are posted, you are agreeing that the changes apply to your continued use of the Services.

You can’t make changes to the Terms, Community Rules, or Feature Terms unless both you and UPSCHOOL sign a written amendment.
If you have a dispute with UPSCHOOL, the version of the Terms, Community Rules, and Feature Terms in effect at the time UPSCHOOL received actual notice of the dispute will apply to such dispute.
If the Terms or our Privacy Policy have any provisions or information that conflict with other UPSCHOOL terms or policies, these Terms and the Privacy Policy as applicable shall govern.

3. ACCOUNT INFORMATION AND SECURITY

In order to use our Services, we may ask you to create an Account and select a password and/or provide us with certain personal information, which may include your name, birthdate, contact no, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with Upschool’s Privacy Policy.
You agree to supply Upschool with accurate, complete, and up-to-date information, particularly your email address and contact no.
You are responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. We will treat all acts performed through your Account as being performed by you. You therefore accept responsibility for all acts done using your Account, whether or not authorized by you, including purchases made using any payment instrument (for example, credit card or PayPal), and you understand you may be held liable for losses incurred by us or any other user of the Services caused by someone else using your Account.
If you become aware of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password, please tell us immediately.

4. USING OUR SERVICES

Who can use our Services: We are excited to have you start using our training service.

Service Changes and Limitations:
Our Services are evolving and we may require that you accept updates to the Services as well as to the Terms, Community Rules, Feature Rules, and the UPSCHOOL Privacy Policy. From time to time we may make you update your software to continue to use our Services.
UPSCHOOL reserves the right to stop offering and/or supporting the Services or part of the Services at any time either permanently or temporarily, at which point your right to use the Services or any part of them will be automatically terminated or suspended. If that happens, unless applicable law requires otherwise, UPSCHOOL is not required to provide refunds, benefits, or other compensation to you in connection with discontinued elements of the Services or for Virtual Items previously earned or
purchased.
UPSCHOOL MAY, IN ITS SOLE DISCRETION, LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR ANY PORTION OF THEM; PROHIBIT ACCESS TO OUR TRAINING SITES, AND THEIR CONTENT, SERVICES, AND TOOLS; OR DELAY OR REMOVE HOSTED CONTENT, AND UPSCHOOL IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR RESULTS.
Deleting your Account:
You may stop using our Services at any time and may request that we delete your Account at any time by following the instructions in our Privacy Policy. Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deletion of your Account.

5. OWNERSHIP; LIMITED LICENSE

Games and Services:
The Services are comprised of works that are owned or licensed by the UPSCHOOL Corporate Family, and they are protected by copyright, trademark, trade dress, patent, and other worldwide intellectual property rights and other applicable laws, rules, or regulations. All such rights are reserved. These Terms do not grant you or any other party any right, title, or interest in the Services or any content in the Services.
So long as you abide by these Terms and any other rules, including the Community Rules and any Feature Terms, you may use the Services subject to these Terms, for your own non-commercial purposes.
If you breach these Terms, or any of our other terms that apply to you, we may take action against you, up to and including terminating your account. In addition, you may be breaking the law, including breaches or violations of UPSCHOOL’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY UPSCHOOL SEVICES, IS A BREACH OF UPSCHOOL POLICY AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Your Account and Virtual Items:
Regardless of any other statement in these Terms, the Community Rules, or any Feature Terms that apply to features you may choose to use, you do not own any Account that you create on our Services, and your Account is not your property. Likewise, you do not own any Virtual Items that you obtained through our Services, regardless of whether you ‘earned’ those Virtual Items or ‘purchased’ them.
Your Account and any related Virtual Items are owned by UPSCHOOL.
TO AVOID RETAINING DATA THAT IS NO LONGER NEEDED AND/OR TO IMPROVE OUR SERVICES, WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR 180 DAYS.
User Content:
If you post, publish, transmit, or upload User Content on the Services, you agree that it will be:

  • Accurate;
  • Not confidential;
  • Not in violation of law;
  • Not in violation of contractual restrictions or other parties rights, and that you have permission to use the User Content from any other party whose personal or other information or intellectual property is contained within the User Content;
  • Free of viruses, adware, spyware, worms, or other malicious code;
  • In compliance with our Community Rules.
    Your User Content will be processed by UPSCHOOL in accordance with our Privacy Policy. You are solely responsible for securing and backing up your content.

Any User Content that you post, publish, or transmit will be considered non-proprietary and non-confidential. You retain all of your ownership rights in your User Content, but you give UPSCHOOL a perpetual and irrevocable (other than as provided below or in our Privacy Policy), worldwide, royalty free, non-exclusive, license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content and any modified and derivative works thereof in connection with the Services, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).

We have the right to remove any of your User Content if, in our opinion, it does not comply with these Terms, our Community Rules, or any applicable Feature Terms. We also have the right to disclose your identity to any third party who is claiming that any of your User Content constitutes a breach of their intellectual property rights or their right to privacy. We will also disclose your User Content to other third parties or government bodies where we are legally required to do so.
UPSCHOOL’s license to your User Content ends when you request deletion of your Account by submitting a request through our Personal Data Request Portal as described in our Privacy Policy, with the following exceptions:
User Content submitted in response to UPSCHOOL promotions, which will be subject to any Feature Terms or other terms of the promotion;

User Content either shared with others, which they have not deleted or already used publicly as allowed under these Terms; and User Content subject to a separate license with UPSCHOOL, which will be subject to the terms of such license. If you request deletion of your User Content we will take reasonable steps to remove your User Content from active use, which may include suppression of your User Content in our systems. However, User Content may persist in our systems, including in back-up copies. We may also retain copies of User Content if we reasonably believe it is legally required.

6. MONITORING USE OF SERVICES AND USER CONTENT

We have no obligation to monitor the Services for inappropriate or illegal User Content and we take no responsibility for such conduct. By using our Services, you understand that you may be exposed to conduct that you might find offensive or otherwise objectionable. We do not endorse any User Content posted on the Services, and nor do we guarantee its truthfulness or accuracy. However, if someone is violating these Terms or misusing the Services, please let us know by contacting us at Customer Support.

7. PAYMENT TERMS

We provide a service in the form of access to Services. In the Services you may use 'real world' money to obtain a limited license and right to use Virtual Items and/or other goods or services.
How it Works:

When you make a purchase on any UPSCHOOL-owned website, the payment page will let you know what payment methods you can use to pay when you make your purchase. The price of the product will be the price indicated on the order page when you place your order. When your purchase is complete, we may send you a confirmation email that will have details of the items you have ordered. Please check that the details in the confirmation message are correct as soon as possible and keep a copy of it for your records. UPSCHOOL keeps records of transactions in order to handle any future questions about that transaction.

ALL SALES ARE FINAL:

YOU ACKNOWLEDGE THAT UPSCHOOL IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER YOU MADE A PAYMENT THROUGH AN OTHER PLATFORM WHERE WE OFFER OUR SERVICES.
PURCHASES TO ACQUIRE A LIMITED LICENSE AND RIGHT TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW.

Additional Payment Terms:

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. UPSCHOOL may revise the pricing for the goods and services it licenses to you through the Services at any time.
Subscriptions are also subject to our additional Subscription Terms.

8. PROMOTIONS AND OFFERS

From time to time, we may offer limited-time promotions. Please review the official rules or Feature Terms (if any) associated with any promotion. They will apply in addition to these Terms.
In addition, from time to time, we may promote Offers. We are not required to give, and you are not required to accept, any Offer. Offers are not transferable, redeemable, or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release or other paperwork to receive the Offer. Some Offers will be subject to taxes and other charges, travel, or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept any Offer, you assume all liability associated with the Offer.

9. THIRD-PARTY ADVERTISING

Our Services may feature advertisements from us or other companies. Our Privacy Policy explains what information we share with advertisers. Please read it.
We are not responsible for any third-party website that we link to in our Services, and such a link does not mean we endorse or approve that linked site or any information you obtain from it. We are not liable for any claim relating to any content, goods, and/or services of third parties.
Please also note that the linked third-party sites are not under our control and may collect data or ask you to provide them with personal or other information, or they may automatically collect information from you. When you use these third-party sites and services, the third-party company may (or may not) ask you for permission to access your information and content. We are not responsible for these other companies content, business practices, or privacy policies, or for how they collect, use, or share the information they get from you.

10. COPYRIGHT NOTICES/COMPLAINTS

We respect the intellectual property rights of others and ask that you do, as well. We respond to notices of alleged copyright infringement that comply with the US Digital Millennium Copyright Act (‘DMCA’), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. For more information, please go to UPSCHOOL’s Copyright Page to
review our Notification Guidelines.

11. FEEDBACK AND UNSOLICITED IDEAS

We may request your feedback on certain features through a promotion or our customer insights program. You are not obliged to respond to our request. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program. And any idea, information, or feedback you submit to us voluntarily is subject to our Unsolicited Ideas.

12. AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER

UPSCHOOL, the UPSCHOOL Corporate Family, and the UPSCHOOL Affiliates make no promises or guarantees that the Services or any content on them will always be available, uninterrupted, or error-free. We may suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
USE OF THE SERVICES IS AT YOUR SOLE RISK. THEY ARE PROVIDED ON AN AS IS BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Upschool ,THE Upschool CORPORATE FAMILY, AND THE Upschool AFFILIATES MAKE NO WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. Upschool, THE Upschool CORPORATE FAMILY, AND THE UPSCHOOL AFFILIATES DISCLAIM ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES, CONDITIONS, OR OTHER TERMS OF NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
If your state or country does not allow these disclaimers, they do not apply to you. If your state or country requires a certain period for which a warranty applies, it will be either the shorter of 30 days from your first use of the Services or the shortest period required by law.

13. LIMITATIONS; WAIVER OF LIABILITY

YOU ACKNOWLEDGE THAT UPSCHOOL, THE UPSCHOOL CORPORATE FAMILY, AND THE UPSCHOOL AFFILIATES ARE NOT LIABLE

YOU ACKNOWLEDGE THAT UPSCHOOL, THE UPSCHOOL CORPORATE FAMILY, AND THE UPSCHOOL AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR (2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICES AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES AND EXTERNAL SITES.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING,
WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF UPSCHOOL, THE UPSCHOOL CORPORATE FAMILY, AND/OR THE UPSCHOOL AFFILIATES IS LIMITED TO

THE TOTAL AMOUNT YOU HAVE PAID UPSCHOOL, THE UPSCHOOL CORPORATE FAMILY, AND/OR THE UPSCHOOL AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID UPSCHOOL, THE UPSCHOOL CORPORATE FAMILY, OR ANY UPSCHOOL AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH UPSCHOOL, THE UPSCHOOL CORPORATE FAMILY, AND/OR ANY UPSCHOOL AFFILIATE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.

14. SEPARATION OF TERMS

Each of the paragraphs of these Terms operates separately. Except as described in Section 15 under the No Class Actions heading, if any part of these Terms, Feature Terms, or Community Rules is not enforceable, the rest of these Terms, Feature Terms, and Community Rules still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.

15. ASSIGNMENT

We may give our rights, or our obligations, under these Terms, Feature Terms, or Community Rules to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms, Feature Terms, or Community Rules to anyone without first getting UPSCHOOL’s written consent, and any attempt to do so without our consent is void.

16. ENTIRE AGREEMENT

These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.
This provision does not apply to users located in the EEA.

17. LANGUAGE OF THE TERMS

If we provide a translated version of these Terms, Feature Terms, Community Rules, Privacy Policy, or any other terms or policy, it is for informational purposes only. If the translated version means something different from the English version, then the English meaning will be the one that applies.
This provision does not apply to users located in the EEA.

18. NO WAIVER

If we do not enforce our rights under these Terms, Feature Terms, or Community Rules, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, Feature Terms, or Community Rules, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.

19. NOTICES

If we have to give you notice of something according to the Terms, Feature Terms, or Community Rules, we may notify you by posting a message on www.Upschool.com or sending you an e-mail, or using other ways of communicating with you based on the contact information you provide to us.
If you have to give us notice of something according to the Terms, Feature Terms, or Community Rules, the notice must be in writing and addressed to Data Software Research Company Private Limited, Attn:
LEGAL DEPARTMENT, 11, Smith Road, Kasturi Towers, Chennai 600002, India, unless we have provided a more specific way of notifying us.

20. FORCE MAJEURE

We are not liable for any changes or problems out of our control, for example changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials This provision does not apply to users located in the EEA.