Terms & conditions of service

Your access to and usage of the UpValuations Services, provided by Forward Solver S.L (henceforth referred to as “UpValuations”), located at C/Floresta Valencia, Spain, registered in Spain with Fiscal Identification Number (N.I.F.) (B06799472), is governed by the following Terms and Conditions. In order to make use of the UpValuations Services, you need to agree to the Terms. UpValuations reserves the right to amend these Terms and Conditions at all times, with or without prior notice. These Terms constitute a binding legal agreement between you and UpValuations, governed by the laws of Spain.

Please make sure you carefully read these Terms and Conditions along with our Privacy Policy prior to using the UpValuations Services.

1. Introduction
1.1 The following Terms and Conditions apply to the access and use made of the UpValuations Services and together with the Privacy Policy (found here) constitutes the entire agreement between you and UpValuations.

1.2 The UpValuations Website and the UpValuations Platform will be jointly referred to as “Upvaluations.com”.

1.3 By using the online tool on Upvaluations.com, you agree to be bound by the Terms and Conditions set out herein (the “Terms”). Please make sure you have read and understood the Terms before using the online tool. If you do not agree to the Terms, you are not authorized to make use of the UpValuations Services.

1.4 We reserve the right to amend the Terms from time to time without prior notice to you. If a change has taken place, there will be an indication at the bottom of the Terms of the date they were last revised.

2. Definitions
2.1 Agreement means the agreement that consists of these Terms and the Privacy Policy, concluded between you and UpValuations, and governing your access to and use of the UpValuations Services.

2.2 Visitor means any person who visits Upvaluations.com and who can make use of the Upvaluations Services without becoming a Registered User.

2.3 Registered User means any visitor who registers to the UpValuations Platform and has a personal account, and who may purchase the Platform Services offered by UpValuations.

2.4 UpValuations Website means the homepage of UpValuations.com and all related web pages, through which a visitor can access the UpValautions Platform and Services.

2.5 UpValuations Platform means the framework and environment made available by UpValuations to Registered Users

2.6 Platform Services means the free and paid services supplied by UpValuations to Registered Users upon payment for such services, consisting of the use of and access to the UpValuations platform, maintenance, updates and support in the use of the UpValuations platform, access to, maintenance, updates and support in the use of the Valuation Tools.

2.7 Valuation Tools means the analysis of data provided by the Registered User through the UpValuations Platform. Each analysis consists of three basic mandatory components – Input Sections, UpValuations Algorithm and Valuation Result, and one premium mandatory component – Downloadable Valuation Report.

2.7.1 Input Sections means the page(s) on the UpValuations Platform for the collection of Registered User data;

2.7.2 UpValuations Algorithm means the proprietary technology used by UpValuations for processing and analyzing the Registered User data and generating the Valuation Result;

2.7.3 Valuation Result means the result generated by the UpValuations Algorithm after having processed and analyzed Registered User data;

2.7.4 Downloadable Valuation Report means the report containing the Valuation Result and any other data results generated by the UpValuations Algorithm, and available for downloading by the Registered User through the selected email account.

2.8 Visitor/Registered User Data means all the information (in the broadest sense, including both identifiable and anonymous data) provided by the visitor or the Registered User on the UpValuations Platform and required for the performance of the analysis conducted by the Valuation Tools.

2.9 Personal Data means all information (in the broadest sense) required by visitors in order to become Registered Users and submitted by them to UpValuations via the online registration form.

3. Use of the services and restrictions
3.1 UpValuations grants you the non-exclusive, non-sublicensable, and non-transferable right to have access to the Services offered by UpValuations.

3.2 Visitors do not have access to the Platform Services and may not purchase the Platform Services offered by UpValuations unless they become Registered Users.

3.3 Registered Users have the right to purchase the Platform Services offered by UpValuations and do not have the right to access the UpValuations Platform, Platform Services and Valuation Tools otherwise.

3.4 The Services made available to you are provided solely for your own use. You shall not sell, transfer, sublicense, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any of the Services. You may not include the Services in any product or service which you sell.

3.5 You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means. You shall not attempt to reverse compile, disassemble, reverse-engineer all or any part of the Services. You shall not access all or any part of the Services in order to build a product or service which competes with the Services and you shall not use the Services to provide services to third parties. Use of any automated system or software to extract data from the UpValuations Website or the Services (“screen scraping”) is hereby expressly prohibited.

3.6 During the Agreement Period you shall not attempt gaining unauthorized access to the Services or modify the same.

3.7 UpValuations does not guarantee the complete, accurate and timely delivery of the Services at all times, since shortcomings in the delivery of the Services may partially, but not exclusively, occur as a result of failures falling outside of the control of UpValuations, such as but not limited to failures in the Internet connection. UpValuations cannot be held responsible with regards to the hardware, software, peripherals and telecommunication connections necessary for accessing and making use of the Services, unless otherwise agreed upon in writing between you and UpValuations.

3.8 UpValuations is entitled to make changes to the Services at any time. If a change is reasonably foreseen to have significant consequences for you, UpValuations will use its best efforts to notify you in advance. If you continue to use the Services, you thereby indicate your consent to the changes made to the Services. In case you do not accept the changes, you will have to notify UpValuations.

4. Creating an UpValuations account
4.1 A visitor to UpValuations.com is anonymous and may, optionally, create an UpValuations account and become a Registered User by submitting the information required in the online account registration form.

4.2 The Registered User must be a person. Accounts registered by “robots” or by other automated methods are not permitted.

4.3 You must provide your own personal data during the UpValuations Account registration process, which will be processed according to the Privacy Policy.

4.4 You are at all times responsible for maintaining the confidentiality of your UpValuations log in credentials. UpValuations cannot be held responsible in that regard.

4.5 You are responsible for all activities undertaken under and content placed within your UpValuations account. This responsibility also applies to all the activities performed outside UpValuations.com having as their object the Downloadable Valuation Report obtained via the UpValuations Platform.

5. Platform services
5.1 The Platform Services are available solely to Registered Users. The user can choose between different plans, which will always be available on the Upvaluations Website. The features of the different plans will also be published together with the corresponding plan.

5.2 The Platform Services are determined by the contracted plan. Nevertheless, upgrading or switching to a more exhausted Plan is possible. But downgrading or switching to a less exhausted Plan is not possible.

6. Payment terms
6.1 All prices indicated on UpValuations.com are exclusive of the applicable VAT rates. The VAT rate applicable to a particular transaction will depend on your billing information.

6.2 Payments for the Platform Services take place prior to the access to such services.

6.3 The processing and facilitation of all payments for the UpValuations Services are handled on behalf of UpValuations by an online payment service provider.

6.4 Invoices can be provided to you by email upon your request.

6.5 If for any reason a subscription payment is unsuccessful, UpValuations retains the right to terminate your subscription, taking into consideration all facts and circumstances. If your subscription is terminated by UpValuations due to an unsuccessful subscription payment, the termination will be communicated to you per email and UpValuations reserves the right to take legal actions to repair any damages incurred.

7. Refund policy
7.1 In the eventuality of disservice or dissatisfaction of the UpValuations Services, you are entitled to request a refund for your purchase within ten (10) days after having completed the same, by following the procedure described in section 7.3 below. A refund will apply unless UpValuations detects any abusive or malicious activity on your UpValuations account or deems your request for refund illegitimate. Should you request a refund 10 or more days after your first subscription purchase, the refundability of your subscription payment depends on the sections below.

7.2 Given the nature of the services that UpValuations offers, UpValuations’ general policy is to not offer refunds for your purchase ten (10) or more days after the date of such purchase or as required under Spanish consumer protection laws.

7.3 In order to request a refund, you need to contact us to payments@upvaluations.com. Your request will be processed and within 48 hours you will receive feedback on the approval (or rejection) of your request.

7.4 UpValuations will assess each refund request taking into consideration the usage that was made of the services, the problems that you may have encountered, your overall reasoning behind making the request and the completeness of the information you have provided in the Upvaluations refund request.

7.5 If your refund request is approved, the refund will generally be done using the same payment method that you used to make the payment in question.

8. Changes to the services and prices
8.1 UpValuations reserves the right to make changes to the UpValuations Website and to the Services. In such occasions, UpValuations will take responsible steps to inform you of these changes with as much advance warning as possible.

8.2 UpValuations reserves the right to make price adjustments for the usage of the UpValuations Services. These price changes may be announced within one calendar month prior to their implementation.

9. UpValuations obligations and conduct
9.1 All results generated by the Valuation Tools and the related Downloadable Reports are saved and stored internally by UpValuations. UpValuations retains full control over these results and materials and will process them in the context of the services and products that UpValuations offers.

9.2 UpValuations will process personal and company data in the context of the services and products that UpValuations offers. UpValuations will process these personal data in accordance with the Spanish Personal Data Protection Act and the General Data Protection Regulation (EU). This also applies to the results generated by the Service and the related Downloadable Reports.

9.3 The Privacy Policy available through Upvaluations.com describes the conditions under which UpValuations processes personal data. This Privacy Policy constitutes an integral part of these Terms and Conditions of Use. If you agree to the Terms you also agree to the aforementioned Privacy Policy.

10. Warranties and limitations of liability

10.1 The UpValuations Service is not intended to be used as the sole basis for any decision-making and is based upon data which is provided by third parties, the accuracy of which it would not be possible for UpValuations to guarantee. Whilst UpValuations aims to maintain a quality, fully operative service at all times, the Service and third-party services are provided on an “as is” basis without warranties of any kind, whether express or implied.

10.2 UpValuations gives you no warranty or assurance about the contents of the Service. Whilst UpValuations does endeavour to maintain the accuracy and the quality of the Service, information contained may be incorrect or out of date. Therefore any use of the Service is at your own risk.

10.3 UpValuations disclaims all liabilities in contract, negligence, for breach of statutory duty, or under any indemnity or otherwise in connection with the Service and third-party service and shall not be liable for any indirect, or consequential loss. UpValuations shall not be liable for the following types of financial loss: loss of profits, loss of earnings, loss of business or goodwill in addition to the following types of anticipated or incidental losses: loss of anticipated savings, increase in bad debt and failure to reduce bad debt.

10.4 Where any matter gives rise to a valid claim against UpValuations, its liability shall be limited to a sum equal to the sum paid for the Services supplied under this Agreement in the year in which the claim arises.

10.5 Each party to this Agreement warrants that it has obtained and will continue to hold all necessary licenses, consents, permits and agreements required for it to comply with its obligations under this Agreement and for the grant of rights to the other party under this Agreement.

11. Agreement duration and termination
11.1 The Terms shall enter into force on the date when you register on Upvaluations.com and create an UpValuations Account and shall remain in force for an indefinite period of time.

11.2 You may be contacted by UpValuations during this Agreement period regarding new developments and products.

11.3 From time to time UpValuations may make alterations to UpValuations.com and to the UpValuations Platform and in doing so will take reasonable steps to inform you of these changes with as much advance warning as possible.

11.4 You shall fully indemnify UpValuations against all third parties costs incurred in the pursuit of payment.

11.5 If UpValuations believes you have breached any provision of this Agreement or in the event of your insolvency or bankruptcy, UpValuations may, with an immediate effect and without a notice, suspend your access to the Services and terminate this Agreement.

11.6 UpValuations has the right to dissolve this Agreement in writing with an immediate effect and without a notice of default and/or to suspend UpValuations’ obligations and/or to exclude you permanently from the Services and/or to remove the content you have published on Upvaluation.com or deny you access to same without prior notice if:

11.6.1 you fail to meet the obligations pursuant to the Agreement and/or the Terms or if you fail to do so in full or on time;

11.6.2 after conclusion of the Agreement UpValuations becomes aware of circumstances that give it good reason to fear that you will not perform your contractual obligations;

11.6.3 circumstances of such nature occur that would make it impossible for UpValuations to perform the Agreement;

11.6.4 UpValuations is notified that you have been involved in any way in publishing content on Upvaluations.com that is discriminatory, racist, vindictive, offensive or otherwise unacceptable;

11.6.5 UpValuations is notified that you have been involved in any way whatsoever in publishing content on Upvaluations.com that is protected by intellectual property rights held by one or more third parties;

11.6.6 You have been granted or requested suspension of payments.

11.7 Upon request, you must use best efforts to delete all and any part of the Services held by You in any format and You may not make any further use of the Services.

11.8 Upon termination of the Agreement clauses 3, 10, 12, 13, 15, 16 shall continue with full force and effect for an additional period of four years.

12. Indemnity
12.1 You agree to indemnify, defend and hold UpValuations, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party, incurred or suffered by UpValuations or its parents, subsidiaries, affiliates, officers or employees in connection with your use of the Services that breaches this Agreement.

13. Intellectual property rights
13.1 Except as expressly provided herein, access to the Services does not grant you any database rights or rights in the copyright, trademarks or any other intellectual property rights of UpValuations or any third party.

13.2 The Services and everything on Upvaluations.com, including the Downloadable Valuation Reports, is protected by copyright and other intellectual property rights. you are not permitted to adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with any element of the Service without UpValuations’ written permission. UpValuations may take steps to assist identification of its Service.

13.3 UpValuations holds various mark registrations which shall not be used without the prior written authorization of UpValuations.

14. Force majeur
14.1 UpValuations will not be liable for a failure to perform any of its obligations under this Agreement if such a failure is caused by the occurrence of any unforeseen contingency or by circumstances beyond the reasonable control of UpValuations, including but not limited to Internet outages and telecommunications outages.

15. Confidentiality
15.1 Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party except as permitted by clause 13.2. Confidential Information means any information, data, or know-how, including, without limitation, ideas, concepts, trade secrets, technical know-how, product specifications, systems, plans, processes, procedures, techniques, methods, designs, customer and vendor lists, prospect lists, finances of UpValuations and any other information that UpValuations considers and treats as confidential, which is obtained directly or indirectly from UpValuations in any form, including without limitation, documentary, tangible, oral, visual or electronic.

15.2 Each party may disclose the other party’s Confidential Information:

15.2.1 To its employees, officers, representatives or advisers who may need access to it for the purpose of carrying out the relevant party’s obligations under this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses confidential information comply with this clause 13;

15.2.2 As may be required by law, court order or any governmental or regulatory authority.

15.3 No party shall use any other party’s Confidential Information for any purpose other than to perform its obligations under this Agreement.

16. Miscellaneous
16.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

16.2 The terms of this Agreement, the provision of the Service and the relationship between you and UpValuations shall be governed by the laws of Spain. you agree irrevocably to submit to the exclusive jurisdiction of the courts of Spain in Madrid. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

16.3 The failure of UpValuations to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right.