Terms of Use

20th February 2023

Welcome to Upmaru! This website and all its subdomains, applications, and platforms (collectively, the “Service”) are owned, developed, and operated by Upmaru, Inc. (referred to as "Upmaru", "us", "we", or "our"). Before accessing or using any of our services, please read these Terms and Conditions (“Terms”, “Terms and Conditions”, or “Terms of Use”) carefully. By accessing or using our Service, you agree to be bound by these Terms.

Products and Platforms

Our Service includes OpsMaru, which provides continuous deployment services to users. By accessing or using any of our Products or Platforms, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

Code of Conduct

By accessing or using any of our Platforms, you agree to comply with our Code of Conduct, which includes but is not limited to the following rules:

• Do not engage in illegal activities or promote illegal activities.
• Do not commit fraud or engage in any activity that is intended to deceive or mislead others.
• Do not send spam or conduct data mining activities.
• Do not exploit, harass, threaten, or otherwise harm others.
• Do not impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Do not engage in activities related to bots or automated scripts that may disrupt the Platforms or other users' experience.
• Use the Platforms only for their intended purpose.

You acknowledge and agree that any violation of these rules may result in the immediate deletion of your account and associated data, and may also subject you to legal liability or other consequences. You further acknowledge and accept that Upmaru may modify or update its Code of Conduct at any time, without notice or liability. Whether your conduct violates our Code of Conduct will be determined in Upmaru's sole discretion, and Upmaru may take any action it deems appropriate, including the suspension or termination of your account, in response to any violation of our Code of Conduct.

Contact Details

Upmaru is a legal entity registered as a C-Corporation in the State of Delaware, United States, under file number 7188353. You may contact us at support@upmaru.com.

Cancellation and Refund Policy

Our Service generally includes a free trial option. Following the free trial, the user may choose to continue using our Service under a free tier plan. By upgrading to a paid plan, the user acknowledges that their usage will exceed the limitations of the free tier plan and will require the additional features and support provided by the paid plans. All payments made for such upgrades are non-refundable.

If you cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle. You will not receive any refund for the remaining portion of the paid plan subscription. Your account will be downgraded to a free account at the end of the then-current billing cycle, and you will no longer have access to the features available only to paid plan users.

You acknowledge and agree that Upmaru may, at its sole discretion, disable access to features available only to paid plan users upon cancellation of the paid plan subscription. Upmaru will not be liable for any loss or damage arising from or in connection with the cancellation of a paid plan subscription or the downgrade of the account to a free account.

Errors and Bugs

Upmaru makes no warranties or representations, express or implied, regarding the availability or reliability of its Products and Services. While Upmaru uses commercially reasonable efforts to prevent unexpected errors and ensure that its systems are accessible at all times, Upmaru does not guarantee that its products and services will be error-free or uninterrupted, and is not responsible for any consequences arising from errors or interruptions.

In the event that you encounter any errors or bugs while using Upmaru's Products and Services, you are encouraged to report them to Upmaru's support team as soon as possible. Upmaru will make reasonable efforts to investigate and resolve any reported errors or bugs in a timely manner, but makes no guarantees as to the outcome or timeline for such investigations and resolutions.

Upmaru is not responsible for any damages or losses that may result from errors or bugs in its Products and Services, including but not limited to loss of data, profits, or business opportunities. You acknowledge and agree that the use of Upmaru's Products and Services is at your own risk, and that you are solely responsible for any consequences that may arise from such use.

Intellectual Property Rights

The content of the Platforms, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Upmaru and is protected by United States and international copyright laws. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the content of the Platforms without our prior written consent.

You acknowledge and accept that any use of the content of the Platforms not expressly authorized by these Terms is a violation of Upmaru's intellectual property rights and may subject you to legal liability. You also acknowledge and accept that Upmaru may modify or update the content of the Platforms at any time, without notice or liability.

Indemnification

You agree to indemnify, defend, and hold harmless Upmaru, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or in connection with your use of the Platforms, your breach of these Terms, or your violation of any applicable law, regulation, or third-party right.

You acknowledge and agree that Upmaru reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Upmaru in asserting any available defenses.

Disclaimer of Warranties

The Platforms are provided "as is" and "as available," without any warranties of any kind, express or implied. To the maximum extent permitted by law, Upmaru disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment. Upmaru does not warrant that the Platforms will meet your requirements or be uninterrupted, timely, secure, or error-free, or that any defects in the Platforms will be corrected.

Limitation of Liability

To the maximum extent permitted by law, Upmaru and its affiliates, officers, directors, employees, agents, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from or in connection with your use of the Platforms or the inability to use the Platforms, whether based on warranty, contract, tort, or any other legal theory, even if Upmaru has been advised of the possibility of such damages.

You acknowledge and agree that Upmaru's total liability for any claims, losses, or damages arising from or in connection with these Terms or your use of the Platforms, whether in contract, tort, or otherwise, will be limited to the amount paid by you to Upmaru for the use of the Platforms during the twelve (12) months preceding the event giving rise to such claims, losses, or damages.

Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Platforms will be resolved exclusively by arbitration in accordance with the rules of the American Arbitration Association, and the award rendered by the arbitrator(s) will be final and binding. The arbitration will be conducted in English and will be held in Delaware, United States.

Miscellaneous

These Terms constitute the entire agreement between you and Upmaru and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Upmaru. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Upmaru may assign or delegate these Terms, in whole or in part, at any time with or without notice to you. You may not assign or delegate any rights or obligations under these Terms without Upmaru's prior written consent, and any unauthorized assignment or delegation by you is void. The failure of Upmaru to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Upmaru in writing. The section titles in these Terms are for convenience only and have no legal or contractual effect.