Terms of Service

Corporate information

UPTAIL, S.L. (hereinafter “Uptail”), with registered office at Paseo de la Castellana 194 Puerta B, 28046, Madrid, Spain, and holding Tax Identification Number (NIF) B75573774, is the owner of the Website hosted under the domain name uptail.ai (hereinafter, the “Website”).

1. Conditions of use

These conditions of use regulate access to and free use of the Website. Access to or use of the Website implies acceptance by the User of these Terms and Conditions. Uptail reserves the right to establish specific conditions for the contracting or use of certain services or products offered through the Website.

2. Prohibited uses

The User agrees to use the Website and its contents diligently, correctly, and lawfully, in accordance with the law and these terms.

Any unlawful, improper, or non-compliant use with these conditions of use, whether for economic purposes or not, shall be the sole responsibility of the User, who shall be liable for any kind of damage or loss that Uptail or any third party may suffer as a result of such breach. The User also agrees to hold Uptail harmless from any claim arising directly or indirectly from such actions.

In particular, and by way of example but not limitation, the following are considered improper and prohibited uses under these terms:

• Using the Website for improper, unlawful purposes or in ways contrary to good faith, morals, or public order.
• Introducing computer viruses, defective files, or hosting, storing, distributing, or sharing any other material or computer program that could cause damage or alterations to the content, programs, or systems of the Website, or in any other way damage, overload, or harm the Website itself.
• Performing any action that may damage, disable, overload, deteriorate, or interfere with the normal operation of the Website.
• Reproducing, copying, distributing, making available, publicly communicating, transforming, reselling, or modifying the contents of the Website for commercial purposes without prior written authorization from Uptail.

In the event of a breach of the provisions of this section, Uptail reserves the right to take the necessary measures, at its sole discretion and without prior notice, either on its own initiative, at the request of an affected third party, or upon request of a competent authority. Such actions will not entitle the User to any compensation.

3. Liability for use of the Website

The User is solely responsible for accessing and correctly using the Website in accordance with Spanish law, principles of good faith, moral standards, and public order. The User also agrees to diligently follow any instructions provided by Uptail regarding the use of the Website.

The User is obliged to make reasonable use of the Website and its contents, according to the possibilities and purposes for which it is intended.

The User is solely responsible for the information, opinions, references, or content of any kind that they share through the Website.

4. Disclaimer of liability

4.1. For improper use and third-party content

If any content, files, information, advertisements, opinions, concepts, or images hosted on the Website are contrary to law, morality, good faith, or public order, or contain any type of computer virus or similar software routine, they will be removed.

In any case, Uptail shall not be held responsible for any software, content, files, information, advertisements, opinions, concepts, or images external to the Website or not managed by Uptail.

Likewise, Uptail shall not be held responsible for the content of third-party websites accessible through external links or other forms of connection on its Website.

Uptail shall not assume any responsibility, direct or indirect, derived from the User’s misuse of the Website, or from the unauthorized use, reproduction, or communication of its contents. Any damage, loss, or claim that may result from such actions shall be the sole and exclusive responsibility of the User, who agrees to hold Uptail harmless.

4.2. For Website functionality

Uptail endeavors to provide its services and content on a continuous basis, using commercially reasonable technical means to ensure satisfactory service delivery. Uptail reserves the right, at its sole discretion, to modify, update, correct, or improve the information, services, or content available on its Website at any time without prior notice, without such actions giving rise to any right, entitlement to compensation, or acknowledgment of liability.

Uptail shall not be held liable for any damage or loss that may result from the lack of availability or technical continuity of the Website. However, it will undertake all commercially reasonable efforts within its reach to restore its services in the event of a technical failure.

5. Personal data protection and cookies policy

The collection and processing of personal data provided by you, as well as the exercise of your rights in relation to such data, shall be governed by the Privacy Policy and the Cookies Policy of the Website.

6. Intellectual and industrial property policy

Uptail, as the author of the collective work that constitutes the Website, is the holder of all industrial and intellectual property rights over it.

Any form of reproduction, distribution, public communication, transformation, and, in general, any act of exploitation of all or part of the contents (images, texts, designs, indexes, forms, etc.) that make up the Website, as well as of the databases and software necessary for its display or operation, is prohibited without the prior written authorization of Uptail.

Under no circumstances may Users commercially exploit or use, directly or indirectly, in whole or in part, any of the contents (images, texts, designs, indexes, forms, etc.) that make up the Website without the prior written authorization of Uptail.

All contents, without exclusion and including but not limited to: information, articles, data, texts, logos, trademarks, icons, images, design and appearance of the Website (“look and feel”), video files, audio files, databases, and software applications, are the property of Uptail or are used under license from third-party holders of the intellectual and/or industrial property rights of the aforementioned content. These are protected under applicable intellectual and industrial property laws.

All Uptail trademarks and logos referred to on the Website are commercial or registered trademarks of Uptail, and their use is prohibited in any form without the prior written authorization of Uptail.

7. Modifications to the terms

Uptail may, at any time, modify these terms or introduce new terms of use, by simply communicating them through the Website. Continued use of the Website implies acceptance of such modifications.

8. Applicable law and jurisdiction

These general conditions shall be governed and interpreted in accordance with Spanish law.

For the resolution of any dispute, conflict, or claim arising from the interpretation, performance, or breach of these Terms and Conditions, the parties expressly submit to the exclusive jurisdiction of the Courts of Madrid, expressly waiving any other jurisdiction that may apply.

Notwithstanding the above, where the User qualifies as a consumer under Spanish and European consumer protection laws, and such legislation contains provisions regarding jurisdiction, the provisions of such legislation shall apply.