Terms & Conditions

Last updated: January 2025

1. Acceptance of Terms

By accessing and using the services provided by Upsurge Tech Global Private Limited ("we," "our," or "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms apply to all users of our website, software products, and services, including educational institutions, businesses, and individuals.

2. Description of Services

Upsurge Tech provides software solutions for educational institutions and service-based businesses, including:

  • Institute Management Software
  • School ERP Software
  • Library Management Software
  • Mobile Services App
  • Custom web and mobile application development
  • Technical support and training services

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our services, you may be required to create an account. You are responsible for:

  • Providing accurate and complete information
  • Maintaining the security of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use

3.2 Account Termination

We reserve the right to terminate or suspend your account at any time for violations of these Terms or for any other reason at our sole discretion.

4. Acceptable Use Policy

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use our services for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the operation of our services
  • Upload, transmit, or distribute harmful, offensive, or inappropriate content
  • Violate any applicable laws or regulations
  • Use our services to harm, harass, or defame others
  • Reverse engineer, decompile, or disassemble our software

5. Payment Terms

5.1 Pricing and Billing

All fees for our services are as quoted on our website or in our proposals. Prices are subject to change with prior notice. Payment is due upon receipt of invoice unless otherwise agreed in writing.

5.2 Payment Methods

We accept payments through various methods including bank transfers, online payments, and other methods as specified in our invoices.

5.3 Late Payments

Late payments may result in suspension of services and may incur additional charges. We reserve the right to charge interest on overdue amounts.

6. Intellectual Property Rights

6.1 Our Rights

All content, software, and materials provided through our services are owned by Upsurge Tech or our licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 License Grant

We grant you a limited, non-exclusive, non-transferable license to use our services for your internal business purposes, subject to these Terms.

6.3 Your Content

You retain ownership of any content you upload to our services. You grant us a license to use, store, and process your content solely for the purpose of providing our services to you.

7. Data Protection and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for ensuring that you have the necessary consents and permissions to provide any personal data to us, including data about your students, employees, or customers.

8. Service Availability and Support

8.1 Service Availability

We strive to maintain high availability of our services but cannot guarantee uninterrupted access. We may perform maintenance or updates that temporarily affect service availability.

8.2 Technical Support

We provide technical support during business hours as specified in your service agreement. Support is provided through email, phone, and other communication channels as determined by us.

9. Limitation of Liability

To the maximum extent permitted by law, Upsurge Tech shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or data
  • Business interruption
  • Cost of substitute services
  • Any damages resulting from the use or inability to use our services

Our total liability to you for any claims arising from these Terms shall not exceed the amount you paid to us in the twelve months preceding the claim.

10. Disclaimer of Warranties

Our services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the services will be uninterrupted or error-free
  • Warranties regarding the accuracy or completeness of any information
  • Warranties that defects will be corrected

11. Indemnification

You agree to indemnify and hold harmless Upsurge Tech, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of our services or violation of these Terms.

12. Termination

12.1 Termination by You

You may terminate your use of our services at any time by providing written notice to us. Upon termination, your access to our services will cease.

12.2 Termination by Us

We may terminate or suspend your access to our services immediately, without prior notice, for any reason, including violation of these Terms.

12.3 Effect of Termination

Upon termination, all rights and licenses granted to you will cease, and you must cease all use of our services. We may delete your account and data in accordance with our data retention policies.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Hyderabad, Telangana, India.

We encourage you to contact us first to resolve any disputes amicably before pursuing legal action.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

15. Severability

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.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Upsurge Tech regarding the use of our services.

17. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Upsurge Tech Global Private Limited

Hyderabad, Telangana, India

Phone: 9032642605

Email: support@upsurgetech.in

Website: www.upsurgetech.com