Terms of Service

1. Acceptance of Terms

By accessing or using the UPTIK platform ("Service"), you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the Service. These Terms constitute a legally binding agreement between you (or the organization you represent) and UPTIK.

2. Description of Service

UPTIK is a B2B SaaS platform providing a Predictive Aftermarket OS. The Service utilizes data integrations, telemetry analysis, and AI-driven vector knowledge bases to predict consumable equipment failures and automate sales outreach for aftermarket parts.

3. User Responsibilities & Account Security

When using the Service, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your account credentials, API keys, and Role-Based Access Control (RBAC) configurations.
• Ensure that you have the necessary legal rights and permissions to upload and process any third-party customer data or ERP data integrated into our platform.
• Use the Service only for lawful purposes in accordance with local regulations, including Anti-Spam (CAN-SPAM/CASL) laws when utilizing our automated email outreach tools.

4. Intellectual Property Rights

UPTIK IP: We retain all intellectual property rights, title, and interest in and to the Service, including its software, UI, predictive algorithms, logos, and features.

Your Data: You retain all ownership rights to the customer data, equipment data, and manuals you upload to the platform. By uploading data, you grant us a worldwide, non-exclusive license to host, process, and use the data solely for the purpose of providing the Service to you.

5. Subscription & Payment Terms

Certain features of the Service are billed on a subscription basis. You will be billed in advance on a recurring schedule. All fees are non-refundable except as required by law. If you fail to pay your subscription fees, we reserve the right to suspend or terminate your access down to a free or paused tier.

6. Limitation of Liability & Disclaimers

As-Is Basis: The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.

Predictive Accuracy: UPTIK uses statistical and AI models to predict machine failures and quote generation. We do not guarantee the absolute accuracy of these predictions and are not liable for missed sales, machine downtime, or inaccurate quotes generated by the system.

No Consequential Damages: In no event shall UPTIK be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising from your use of the Service.

7. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the Service will immediately cease.

8. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.

9. Contact Information

If you have any questions about these Terms, please contact us at legal@uptik.com.