Terms of Service

1. Introduction

Welcome to Upscayl (“Company”, “we”, “our”, “us”). We provide an online AI Image upscaling and enhancement platform. These Terms and Conditions ("Terms") govern your use of our website, services, and software (collectively referred to as the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services. If you do not agree with any part of these Terms, please refrain from using our Service.

2. Eligibility

To use our Service, you must:

• Be at least 13 years old.
• Have the legal capacity to enter into binding contracts.
• Not have previously been banned from using our Service.

By using our Service, you represent and warrant that you meet these eligibility requirements.

3. Accounts

To access certain features of our Service, you must create an account. When you create an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

We reserve the right to terminate your account at our discretion if we find any breach of these Terms.

4. Subscription Plans and Payments

Our Service operates on a subscription-based model. By subscribing, you agree to pay the applicable subscription fees as indicated at the time of subscription. All payments are processed through third-party providers like PayPal and are subject to their respective terms and conditions.

Billing and Renewal

• Your subscription will automatically renew at the end of each billing cycle unless you cancel it through your account settings.
• Subscription fees are non-refundable unless otherwise stated in our refund policy.

5. Use of the Service

Permitted Use

You agree to use the Service solely for lawful purposes and in accordance with these Terms. You are prohibited from:

• Using the Service in any way that violates any applicable local, national, or international law.
• Uploading any content that infringes intellectual property rights, is harmful, offensive, or otherwise violates our content policies.
• Engaging in any unauthorized scraping, data mining, or similar data gathering activities.

File Upload and Processing

When you upload a file to our platform, you retain full ownership of the content, but you grant us a license to use, store, modify, and distribute your content for the purpose of providing the Service to you.

We strive to process files as efficiently and safely as possible, but we do not guarantee that file uploads and processing will be error-free, uninterrupted, or secure.

6. Intellectual Property

The Service and all associated content, including but not limited to software, design, logos, and trademarks, are owned by or licensed to the Company and are protected by applicable copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, or create derivative works from any part of the Service without express written permission from the Company.

7. Third-Party Services

Our Service may integrate with third-party services, including payment processors like PayPal. By using these third-party services, you agree to their respective terms of use and privacy policies. We are not responsible for the performance or reliability of these third-party services.

8. Limitation of Liability

To the fullest extent permitted by law, the Company and its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Service or inability to access the Service, including but not limited to errors, interruptions, or delays in file processing.

Our total liability to you for any claims arising out of or related to your use of the Service shall not exceed the total amount paid by you to us in the twelve months preceding the claim.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will meet your specific requirements, operate uninterrupted, be free of errors, or that any defects will be corrected.

10. Termination

We may suspend or terminate your account or access to the Service at any time, for any reason, including but not limited to a breach of these Terms. Upon termination, you will no longer have access to the Service, and any content associated with your account may be deleted.

11. Changes to the Terms

We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page, and the “Last Updated” date at the top will reflect the most recent version. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms.

12. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be New Delhi, India. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of India.

13. Contact Information

If you have any questions or concerns about these Terms, you may contact us at:

Email: [email protected]