Terms of Service
Last updated:
Section 1
Definitions
1.1 “UpBuff”, “we”, “us”, or “our”
Shall mean UpBuff Technologies Pvt. Ltd., 5th Floor, CDAC, Technopark, Thiruvananthapuram, Kerala, India – 695582.
1.2 “You”, “your”, or “Customer”
Shall mean an individual or legal entity who is signing up for any kind of Services from us, irrespective of the nature or duration of the Services. Customer details, including the name of the contracting entity and the authorised representative, are as provided in the accompanying Order Form.
1.3 “Affiliate”
Means, with respect to any party, any other person who holds or in which such party holds 50% or more of the paid-up share capital, directly or indirectly, or is controlling, controlled by, or under common control with such party. “Control” means the ownership or possession, directly or indirectly, of more than one half of the voting power of an enterprise, or the power to direct or cause the direction of the management of that person through ownership of voting securities or otherwise.
Section 2
Scope of services
2.1 Subscription Services
During the Subscription Term, we will grant the Customer a non-transferable, non-exclusive, worldwide right to permit authorised Users to access and use the UpBuff Platform for internal business operations in accordance with these Terms of Service, the relevant Order Form, and all applicable laws and regulations. The Customer shall not use the right granted hereunder for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication.
You may, at any time, subscribe to additional features of the Subscription Services — including existing features or new features made available by us from time to time — by executing an additional Order Form.
We may update the Platform from time to time without adversely affecting the Subscription Services. We are under no binding obligation to release new features or updates, and we make no representations as to future features or functionalities, irrespective of any public announcements or comments in this regard.
Subscription Services may not be available during planned downtime or force majeure events. We will make every reasonable effort to maintain uptime, including during planned maintenance windows, and will provide advance notice where possible.
2.2 Consulting Services
Consulting Services will be provided by us in accordance with the relevant Order Form. Unless otherwise agreed, Consulting Services will be performed remotely and rendered in English.
2.3 Third-Party Service Providers
We may use third-party service providers — including application service providers such as SAP, Tally, Salesforce, and WhatsApp, and hosting service providers such as DigitalOcean, AWS, and Azure — for rendering any of the Services hereunder without seeking further consent from you. UpBuff will continue to be responsible for such Services.
UpBuff will not, however, be responsible for any third-party service providers engaged by you or any third-party software procured by you, whether with or without our consent, and notwithstanding that the same may be integrated with the Services.
Section 3
Use of subscription services
3.1 Acceptable Use
You will comply with the Acceptable Use Policy. Specifically, you will not:
Use or launch any automated system — including robots, spiders, or offline readers — that sends more requests to our servers than a human can reasonably produce in the same period using a conventional browser. Violations may result in immediate account suspension or termination.
Use the Subscription Services in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the Subscription Services.
Attempt to gain unauthorised access to the Subscription Services.
Make the Services available to anyone other than authorised Users.
Sell, resell, rent, or lease the Services unless explicitly permitted in the relevant Order Form.
Use the Services to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights.
Use the Services to store or transmit malicious code.
Access the Subscription Services other than through the interface provided by us.
Create derivative works based on the Services or the Software unless explicitly authorised by us.
Reverse engineer the Services or the Software, or access the Services to build a competitive product or service, or to copy any features, functions, or graphics of the Services.
Use the Subscription Services for any purpose or in any manner that is unlawful under applicable laws or prohibited under UpBuff Terms.
3.2 Service Usage Limitations
We may share your information with trusted third parties that work with us — including affiliates and subsidiaries — to assist in the operation of the website and services. We do not share Personal Information with unaffiliated third parties for their own purposes. These service providers are authorised to use your information only as necessary to perform services on our behalf or comply with legal requirements, and are required to maintain policies consistent with ours.
Section 4
Your rights over your data
You can exercise any of the rights described in this section consistent with applicable law. We may ask you to verify your identity before taking further action on your request.
Manage your information
You can access and update some of your personal information through your account organisation settings. You are responsible for keeping your personal information up to date.
Data access & portability
In some jurisdictions, applicable law may entitle you to request copies of your personal information in a structured, commonly used, and machine-readable format.
Data deletion
In certain jurisdictions, you can request that your personal information be deleted. We may retain information for legitimate business interests, legal compliance, or backup system requirements.
Section 5
Privacy of children
We do not knowingly collect any Personal Information from children under the age of 18. If you are under 18, please do not submit any Personal Information through our website or services. We encourage parents and legal guardians to monitor their children’s internet usage and help enforce this Policy. If you have reason to believe that a child under 18 has provided Personal Information to us, please contact us immediately.
Section 6
Security of personal information
We implement industry-standard technical and organisational measures using a variety of security technologies and procedures to protect your data from unauthorised access, use, loss, destruction, or disclosure. When we collect particularly sensitive data — such as geo-location — it is encrypted using industry-standard SSL (Secure Socket Layer).
Your password is your first line of defence once you set up an UpBuff account. We recommend setting a strong, unique password that you never share with anyone and signing out of your account after each session.
Section 7
Third-party links
We may display links to third-party websites or applications on our website for advertising or to provide you with relevant content. We are not responsible for such third-party websites or applications if you choose to access them. If you provide data to such a website or application, please review their own privacy policies — you will no longer be bound by this Policy in doing so.
Section 8
Business transfer
If UpBuff undertakes or is involved in any merger, acquisition, reorganisation, sale of assets, bankruptcy, or insolvency event, we may sell, transfer, or share some or all of our assets — including your information — in connection with such a transaction or in contemplation of such a transaction. In this event, we will notify you before your personal information is transferred and becomes subject to a different privacy policy.
Section 9
Disclosure
We will disclose any Personal Information we collect, use, or receive if required or permitted by law — such as to comply with a subpoena or similar legal process — and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Where appropriate, we may notify users about legal requests unless prohibited by the legal process itself, by court order, or by applicable law, or if we believe providing notice would be futile or create a risk of harm to an individual or group.
Section 10
Data breach
In the event we become aware that the security of the website has been compromised or users’ Personal Information has been disclosed to unrelated third parties as a result of external activity — including security attacks or fraud — we reserve the right to take reasonably appropriate measures, including investigation, reporting, and cooperation with law enforcement. We will make reasonable efforts to notify affected individuals if we believe there is a reasonable risk of harm, or if notice is otherwise required by law. Notification may be made by posting a notice on the website, sending you an email, or contacting you by phone.
Section 11
Changes to these terms
We reserve the right to modify these Terms of Service at any time in accordance with applicable law. If we do so, we will post the revised Terms and update the “Last Updated” date at the top of this page. In case of material changes, we will also provide you with notice by email at least thirty (30) days before the effective date. If you disagree with the revised Terms, you may cancel your account. Your continued access to or use of the UpBuff Platform after the revised Terms become effective constitutes your acceptance of those changes.
Section 12
Acceptance of these terms
You acknowledge that you have read these Terms and agree to all their terms and conditions. By using the website or its services you agree to be bound by these Terms. If you do not agree to abide by the terms, you are not authorised to use or access the website and its products.
Section 13
Contact information
For questions or complaints about these Terms of Service or how UpBuff handles your personal information, please reach out to us: