Your UpDiagram Account
You need to create an account to use UpDiagram via Email. The personal information from your email, including name, email address and other information of your privacy settings on that service permit us to access, will be used as your Updiagram account profile. You are responsible for protecting your UpDiagram login information. You are also responsible for operating on your account, whether or not you authorized that activity. If there is any unauthorized use of the account. You should send us the notification.
Your Content
When using our product, you will add text, images, file attachments and other relevant information. You retain full ownership of your content. You can add and delete your data but It is not completely deleted in some cases. If you share data with other users, we are not liable for the failure of deletion of your content. You are responsible for your content and you have all rights to all your content which must be not infringing, inappropriate or violate intellectual property rights and other legislation concerns. UpDiagram reserves the right to disable access to Customer's data content if we determine that the data is in violation of these Terms, or we receive a complaint from the account, or notice of infringement of intellectual property and/or notice of content showing signs of violating the law of competent authorities.
Use of UpDiagram
You only use UpDiagram as permitted by law, including all applicable federal, state, local or international laws and regulations. Please, Do not:
- Use any tool, device, software or others to access and download intellectual property from Updiagram in any way other than through our publicly supported interfaces
- Access or use non-public areas of UpDiagram or other technical delivery systems of providers
- Have a probe, scan, or test which is vulnerable to any Updiagram system or network or violate any security or authentication measures
- Decipher, decompile, disassemble or reverse engineer any of the software used to provide UpDiagram
- Integrate or use UpDiagram to distribute malware
- Violate the privacy of others
- Violate applicable legislation or regulation
- Impersonate or misrepresent your affiliation with any person or entity
- Post or transmit information that is fraudulent or misleading;
- Send promotions, advertisements or spam
We have the right to investigate the violations of these Terms. We may cooperate with legislation enforcement authorities to prosecute any violation.
Copyright Infringement
Updiagram all respect the intellectual property (IP) rights as we hope our IP is respected. UpDiagram reserves the right to terminate or disable the accounts of who violates the IP right. If there are any materials infringing your copyright or other IP rights, Please notify us via info@updiagram.com.
Warranty Disclaimers
UpDiagram does not guarantee that customers’ usage will be uninterrupted or error-free, or the sites or service is free from viruses or other harmful code. UpDiagram does not guarantee in any way, whether explicitly or implicitly in conditions such as quality satisfaction, suitability for specific usage needs or non-infringement of third party rights. UpDiagram platform is provided on "as is" and "as available" for customers to use. The customer will take full responsibility in determining whether the Base platform or information created from the Base platform is correct and adequate for their intended use.
Privacy & Publicity
UpDiagram secures all Customer’s information and contents stored on the Base platform as well as applications operated and developed by UpDiagram. We will implement and maintain all administrative and technical safeguards to protect the confidentiality and integrity of customer data.
UpDiagram commit:
- Not to modify documents and data created by Customers
- Not to disclose Customer data unless it is required by law or authorized by Customer.
- Not to access Customer's data except when correcting technical errors or Customer's requests
However, UpDiagram has the right to access information of existing accounts on the system such as name, email for certain purposes, including:
- Sending Email notification to customers.
- Contacting the customer for technical support or other support to enhance the user experience.
- Not to access Customer's data except when correcting technical errors or Customer's requests.
UpDiagram reserves the right to use the Customer's name for Marketing purposes or in promotional campaigns, product launches or conversations, exchanges with other customers of UpDiagram.
Data backup policy
UpDiagram runs daily incremental back-ups and full back-ups once every week. In a Data Center, back-up data is stored in the same location as the original and is encrypted at rest. Every week, UpDiagram also restores and validates back-ups. The retention duration applied for all backed up data is 3 months. In case a specific customer requests to restore their data , UpDiagram will restore the data from the backup and make it available to them.
Data retention policy
All Customer Data and Personal Data processed by UpDiagram on behalf of and in accordance with the recorded instructions of Customer in connection with the Online Services will be returned to or destroyed upon reasonable request by Customer, unless prohibited by law, at all locations where it is stored, within 30 days of the request, provided that it is no longer required for the provision of the Online Services or the purposes for which a data subject had authorized the processing of the data. UpDiagram makes sure that the Customer Data or Personal Data is only processed as needed for the purposes specified in the applicable Data Protection Requirements or other applicable law, and only to the extent and for the specific period as required by the applicable Data Protection Requirements or other applicable law, provided that UpDiagram will ensure that the Customer Data or Personal Data is processed only as necessary for the purpose specified in the applicable Data Protection Requirements or other applicable law and no other purpose, and the Customer Data or Personal Data remains protected by the Applicable Data Protection Requirements or other applicable law.
Billing & Payment
a. Direct Purchase
When a customer makes a direct purchase from UpDiagram, the fees and payment terms will be outlined in the Customer's Order agreement with UpDiagram. Customers can make purchases and payments either by using the available online payment methods, by contacting UpDiagram through the
Contact Us page and mentioning their purchase, or by emailing support@updiagram.com for assistance.
b. Subscription Renewals
Unless stated otherwise in the Order and as long as the Products and Services remain available, Subscriptions will be renewed manually by Updiagram, and Customers will be notified of upcoming renewals through email before the end of the current Subscription Term 30 days. The renewal period will match the duration of the previous Subscription:
(i) If the prior Subscription was for less than 12 months, it will renew for the same term length.
(ii) If the prior Subscription was for 12 months or longer, it will renew for 12 months.
Customers or UpDiagram can opt out of renewal by notifying the other party before the term ends. Notifications can be made via the account settingcs, by contacting UpDiagram’s support team, or by other methods specified by UpDiagram.
c. Expanded Usage
If a Customer uses more than their purchased Scope of Use, they must either upgrade their subscription or pay for the additional usage unless agreed otherwise in writing. Charges for the increased usage will be calculated at UpDiagram’s prevailing rates and may be prorated for the remaining Subscription Term, unless otherwise specified.
d. Refund Policy
Customers can cancel their Subscription within 30 days of the initial purchase by providing notice to UpDiagram. Upon cancellation, a refund will be issued for the Product and related services, if requested via the support@updiagram.. This policy does not cover certain services, like consulting, unless explicitly stated.
For paid accounts, we provide a satisfaction guarantee for all services. If you aren't satisfied for any reason, simply contact us within 30 days through support@updiagram.com. Refunds are processed within 7-10 business days, and you will receive a confirmation upon approval. Appeals can be made if denied. Refunds are available for most subscriptions, provided they meet the conditions outlined in our refund policy. Exceptions may include custom integrations. Refunds may be subject to a processing fee, depending on the subscription plan and the reason for the refund.
Kindly note, however, that we reserve the right to revoke refund privileges (on an individual basis) if we determine abuse of this policy has occurred.
e. General Tax Requirements
All fees are exclusive of applicable taxes such as VAT, GST, sales tax, or similar levies. Customers are responsible for paying these taxes as outlined in the invoice, except for taxes on UpDiagram’s income.
f. Withholding Tax
If withholding tax is required by law, the Customer must provide proper documentation from the tax authority showing the amount withheld and remitted. This documentation should be submitted with the payment for the invoice.
g. Suspension Due to Non-payment
If payments are overdue, UpDiagram may suspend the Customer’s access to Products or Services after providing at least 10 days’ written notice.
