Terms & Conditions
Last updated: January 2025
1. Agreement to Terms
By accessing and using this website and the services offered by Upfinity Inc., you agree to be bound by these Terms & Conditions. If you do not agree to any part of these terms, you may not use our website or services.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on our website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials
- Use the materials for any commercial purpose or for any public display
- Attempt to decompile or reverse engineer any software
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or "mirror" the materials on any other server
3. Disclaimer
The materials on Upfinity's website are provided on an 'as is' basis. Upfinity makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
4. Limitations
In no event shall Upfinity Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Upfinity's website, even if Upfinity or an authorized representative has been notified orally or in writing of the possibility of such damage.
5. Accuracy of Materials
The materials appearing on Upfinity's website could include technical, typographical, or photographic errors. Upfinity does not warrant that any of the materials on its website are accurate, complete, or current. Upfinity may make changes to the materials contained on its website at any time without notice.
6. Links
Upfinity has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Upfinity of the site. Use of any such linked website is at the user's own risk.
7. Modifications
Upfinity may revise these terms of service for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these terms of service.
8. Software Development Services
8.1 Intellectual Property
All custom software developed by Upfinity for clients shall be the sole property of the client upon full payment. Upfinity retains rights to pre-existing tools, frameworks, and methodologies.
8.2 Payment Terms
Payment for services is due as specified in the signed agreement. Late payments may incur additional fees or suspension of services.
8.3 Confidentiality
Both parties agree to maintain strict confidentiality of all proprietary information shared during the engagement, including code, designs, strategies, and business information.
9. Limitation of Liability
In no case shall Upfinity, its directors, officers, or employees be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, even if advised of the possibility of such damages.
10. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Ontario, Canada, and you irrevocably submit to the exclusive jurisdiction of the courts in that location.
11. Contact Information
If you have any questions about these Terms & Conditions, please contact us at:
Upfinity Inc.
Email: info@upfinity.ca
Location: Toronto, Canada