Umbraco solutions
UPWEST is a startup that aims to be a reference the IT area. Our mission is to develop solutions that meet our customers needs as well as those of final consumers. We intend to streamline the use of technology to promote well-being, health, culture, the environment and sustainable tourism.
We believe, with the experience gained in the IT areas, that our goals will translate into a instrument that generates value and satisfaction for our customers.
Real estate
Tools that streamline, automate and streamline processes, while simultaneously raising the quality of the service offered and the satisfaction of the those who provide it. Remove paper from the process and speed up communication between the owner, those seeking to buy and the real-estate agent.
Proximity Technology
Out goal wit h the proximity technology is to promote outdoor activities
and
our culture by connecting technology, fun factor and physical activity.
Development of technologies that promote knowledge and satisfaction in
the practice of recreational, cultural and sports activities.
Umbraco plugins
Tools that streamline and automate member login processes out of the box, with social login buttons,
automatic translations,Two factor authenticion, service for inactive logins,email validation, recover passoword, between others.
The advanced member form builder contains a bundle of higly configurable plugins:
The project
Contact us
For any inquiry, please feel free to contact us. We are at your disposal.
UpWest
Mafra Bussiness Factory
Av.
Primeiro de Maio 1, 2640-455 Mafra Portugal
info@upwset.com
+351 91 746 60 40
Software License Agreement
THIS AGREEMENT is entered into as of 30-09-2022, between Upwest , in the name of Ângelo Miguel Simões Nogueira dos Santos, with office at Mafra Bussiness Av.Primeiro de Maio 1, 2640-455 Mafra Portugal and you (either an individual or a single entity)
WHEREAS, Licensee wishes to license software for the purpose of an umbraco package andUpwest desires to license this software to licensee.
NOW THEREFORE, the parties hereto agree as follows:
1. GRANT OF LICENSE
Subject to the terms and conditions of the Agreement, Upwest grants to Licensee a non-exclusive, non-transferable license to use the software identified for the purpose of an umbraco package. Licensee may use the Licensed Programs in executable format for its own use, and may only use the licensed programs or incorporate them into their own Umbraco domain (1 license per domain) . Licensee may not, however, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form, whether modified or unmodified.
Licensee however, can use this software for testing proposals in any localhost environment with full functionality
2. CONSIDERATION TO Upwest
a. Licensee shall pay, upon delivery of the Licensed Programs, the license fees set forth in exhibit A attached hereto.
b. License fees do not include any shipping, duties, bank fees, sales, use, excise or similar taxes due.
If Licensor is required to pay any such amounts, Licensee shall reimburse Licensor in full.
3. COPIES
Licensee may make copies of the Licensed Program in executable code form as necessary for use by Licensee and for backup or archive purposes. Licensee agrees to maintain records of the location and use of each copy, in whole or in part, of the Licensed Programs. Each Licensed Program is copyrighted but unpublished by Upwest. Licensee agrees to reproduce and apply the copyright notice and proprietary notice of Upwest to all copies made hereunder, in whole or in part and in any form, of Licensed Programs.
4. OWNERSHIP
The original and any copies of the Licensed Programs, made by Licensee, including translations, compilations, partial copies, modifications, and updates, are the property of Upwest.
5. PROPRIETARY RIGHTS
Licensee recognizes that Upwest regards the Licensed Programs as its proprietary information and as confidential trade secrets of great value. Licensee agrees not to provide or to otherwise make available in any form the Licensed Programs, or any portion thereof, to any person other than employees of Licensee without the prior written consent of Upwest. Licensee further agrees to treat the Licensed Programs with at least the same degree of care with which Licensee treats its own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the Licensed Programs.
6. TERM
The license granted hereunder shall continue unless and until terminated pursuant to Section 7 hereof and subject to Licensee's proper performance of its obligations hereunder.
7. TERMINATION
Upwest may terminate this Agreement if Licensee is in default of any of the terms and conditions of this Agreement and fails to correct such default within ten (10) days after written notice thereof from Upwest.
8. TERMINATION CERTIFICATE
In the event of termination, Licensee will immediately discontinue use of the Licensed Programs. Within one (1) month after termination of this Agreement, Licensee will furnish to Upwest a certificate which certifies with respect to each of the Licensed Programs that,through its best effort and to the best of its knowledge, the original and all copies, in whole or in part and in any form, of each of the Licensed Programs have been destroyed. The provisions of Sections 4, 5, 8, 11, and 13 hereof shall survive any termination of this Agreement.
9. MAINTENANCE SUPPORT
Licensor will provide to Licensee the following support with respect to the Software:
(i) If during the 1st year of this Agreement, Licensee notifies Licensor of a substantial program error respecting the Software, or Licensor has reason to believe that error exists in the Software and so notifies Licensee, Licensor shall at its expense verify and attempt to correct such error within thirty (30) working days after the date of notification.If Licensee is not satisfied with the correction, then Licensee may terminate this Agreement, but without refund of any amount paid to Licensor or release of any amounts due Licensor at the time of termination.
(ii) In the case that Licensee has technical questions in the use of the Software during the 1st year of this Agreement, Licensee may submit those questions to Licensor.
Licensor shall provide consulting to answer such questions without charge to Licensee up to a maximum of sixteen (16) hours for each licensed program.
(iii) If License desires to continue the Software support specified in this section, Licensee shall pay to Licensor the maintenance fee(s) set forth in Exhibit A.
10. DELIVERY OF LICENSED PROGRAMS
Upwest shall use its best efforts to deliver the Licensed Programs promptly after receipt of the purchase order and export license (if required)
11. WARRANTY DISCLAIMER
Upwest licenses, and Licensee accepts, the licensed programs "AS IS." Upwest PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING,WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE.
12. PATENT AND COPYRIGHT INDEMNITY
Upwest will defend at its own expense any action brought against Licensee to the extent it is based on a claim that the Licensed Programs used within the scope of the license granted hereunder infringe a EULA patent, copyright or other proprietary right of a third party. Upwest will pay any costs, damages or attorney fees finally awarded against Licensee in such action which are attributable to such claim, provided Upwest is promptly notified in writing of such claim, may control the defense and/or settlement of such claim, and is provided with all requested assistance, information and authority. In the event that a Licensed Program becomes,or in Upwest's opinion is likely to become, the subject of a claim of infringement of a EULA, copyright or trade secret, Upwest may at its option either secure Licensee's right to continue using the Licensed Programs, replace or modify the Licensed Programs to make themnot infringing, or provide Licensee with a refund of the license fee less depreciation on a 5 (five) year, straight-line basis. Upwest shall have no liability for any claim of patent, copyright or trade secret infringement based on the use of a Licensed Program in any form other than the original, unmodified form provided to Licensee or the use of a combination of the Licensed Programs with hardware, software or data not supplied by Upwest where the used Licensed Programs alone in their original, unmodified form would not constitute an infringement. The foregoing states Licensee's entire liability for infringement or claims of infringement of patents, copyrights or other intellectual property right.
13. LIMITATION OF LIABILITY
Upwest'S LIABILITY TO LICENSEE UNDER ANY PROVISIONS OF THIS AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID HEREUNDER BY LICENSEE TO Upwest. IN NO EVENT SHALL Upwest BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.
14. NOTICES
All notices in connection with this Agreement shall be in writing and may be given by certified, registered, or first class mail or personally delivered at the address set forth on the front page.
For purposes of this Agreement, a notice shall be deemed effective upon personal delivery to the party or if by mail five days after proper deposit in a mail box.
15. SUCCESSORS
This Agreement will be binding upon and will inure to the benefit of the parties hereto and their respective representatives, successors and assigns except as otherwise provided herein.
16. SEVERABILITY
In the event any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall remain in force as if such provision were not a part.
17. GOVERNING LAW/FORUM
This Agreement shall be governed and interpreted by the laws of the EULA. Both parties hereby consent to such personal and exclusive jurisdiction.
If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the UMBRACO UPWEST BUNDLE PACKAGE, you agree to be bound by the terms of this EULA.
If you do not agree to the terms of this EULA, the Vendor is unwilling to license the UMBRACO UPWEST BUNDLE PACKAGE to you
18. NON-ASSIGNMENT
This Agreement and the licenses granted by it may not be assigned, sublicensed, or otherwise transferred by Licensee without the prior written consent of Upwest.
19. EXPORT REGULATIONS
Licensee understands that Upwest is subject to regulation by agencies of the EULA, which prohibit export or diversion of certain technical products to certain countries. Licensee warrants that it will comply in all respect with the export and re-export restrictions set forth in the export license for the Licensed Programs and all other applicable export regulations. Licensee agrees to indemnify and hold Upwest harmless from any loss, damages, liability or expenses incurred by Upwest as a result of Licensee's failure to comply with any export regulations or restrictions.
20. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, and merges and supersedes all prior agreements, discussions andunderstandings, express or implied, concerning such matters. This Agreement shall take precedence over any additional or conflicting terms which may be contained in Licensee's purchase order or Upwest's order acknowledgment forms.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the Effective Date .
Terms and Conditions
Please read these terms and conditions carefully before using this website operated by upwest.
Conditions of use
By using this website, you certify that you have read and reviewed this Agreement and that you
agree to comply with its terms. If you do not want to be bound by the terms of this Agreement,
you are advised to leave the website accordingly. [name] only grants use and access of this
website, its products, and its services to those who have accepted its terms.
Privacy policy
Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.
Age restriction
You must be at least 18 (eighteen) years of age before you can use this website. By using this
website, you warrant that you are at least 18 years of age and you may legally adhere to this
Agreement. [name] assumes no responsibility for liabilities related to age misrepresentation.
Intellectual property
You agree that all materials, products, and services provided on this website are the property of
Upwest, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all
copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree
that you will not reproduce or redistribute the upwest’s intellectual property in any way,
including electronic, digital, or new trademark registrations.
You grant upwest a royalty-free and non-exclusive license to display, use, copy, transmit, and
broadcast the content you upload and publish. For issues regarding intellectual property claims,
you should contact the company in order to come to an agreement.
User accounts
As a user of this website, you may be asked to register with us and provide private information.
You are responsible for ensuring the accuracy of this information, and you are responsible for
maintaining the safety and security of your identifying information. You are also responsible for
all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the website,
inform us immediately so we may address them accordingly.
We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole
discretion.
Terms and conditions template by WebsitePolicies.com
Applicable law
By visiting this website, you agree that the laws of the [location], without regard to principles of
conflict laws, will govern these terms and conditions, or any dispute of any sort that might come
between Upwest and you, or its business partners and associates.
Disputes
Any dispute related in any way to your visit to this website or to products you purchase from us
shall be arbitrated by state or federal court [location] and you consent to exclusive jurisdiction
and venue of such courts.
Indemnification
You agree to indemnify [name] and its affiliates and hold [name] harmless against legal claims
and demands that may arise from your use or misuse of our services. We reserve the right to
select our own legal counsel.
Limitation on liability
Upwest is not liable for any damages that may occur to you as a result of your misuse of our
website.
Upwest reserves the right to edit, modify, and change this Agreement at any time. We shall let
our users know of these changes through electronic mail. This Agreement is an understanding
between [name] and the user, and this supersedes and replaces all prior agreements regarding
the use of this website.
Privacy Policy
Thank you for visiting the Privacy Policy of Upwest. This Privacy Policy explains how Upwest (collectively, “Upwest”, “we”, “us”, or “our”) collects, uses, and shares information about you (“you”, “yours” or “user”) when you access or use our websites (“Services”).
Users are responsible for any third-party data they provide or share through the Services and confirm that they have the third-party's consent to provide such data to us.
Information We Collect
How We Use Your Information
We use information we collect about you to provide, maintain, and improve our Services and other interactions we have with you. For example, we use the information collected to:
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Facilitate and improve our online experience;
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Provide and deliver products and services, perform authentication, process transactions and returns, and send you related information, including confirmations, receipts, invoices, customer experience surveys, and product or Services-related notices;
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Process and deliver promotions;
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Respond to your comments and questions and provide customer service;
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If you have indicated to us that you wish to receive notifications or promotional messages;
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Detect, investigate and prevent fraudulent transactions and other illegal activities and protect our rights and property and others;
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Comply with our legal and financial obligations;
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Monitor and analyze trends, usage, and activities;
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Provide and allow our partners to provide advertising and marketing targeted toward your interests.
How We May Share Information
We may share your Personal Information in the following situations:
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Third Party Services Providers. We may share data with service providers, vendors, contractors, or agents who complete transactions or perform services on our behalf, such as those that assist us with our business and internal operations like shipping and delivery, payment processing, fraud prevention, customer service, gift cards, experiences, personalization, marketing, and advertising;
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Change in Business. We may share data in connection with a corporate business transaction, such as a merger or acquisition of all or a portion of our business to another company, joint venture, corporate reorganization, insolvency or bankruptcy, financing or sale of company assets;
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To Comply with Law. We may share data to facilitate legal process from lawful requests by public authorities, including to meet national security or law enforcement demands as permitted by law.
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With Your Consent. We may share data with third parties when we have your consent.
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With Advertising and Analytics Partners. See the section entitled “Advertising and Analytics” below.
Data Security
We implement commercially reasonable security measures designed to protect your information. Despite our best efforts, however, no security measures are completely impenetrable.
Data Retention
We store the information we collect about you for as long as necessary for the purpose(s) for which we collected it or for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.
EU Privacy Rights
Individuals located in certain countries, including the European Economic Area (EEA) and the United Kingdom, have certain statutory rights under the General Data Protection Regulation (GDPR) in relation to their personal data.
To the extent information we collect is associated with an identified or identifiable natural person and is protected as personal data under GDPR, it is referred to in this Privacy Policy as “Personal Data”.
Data Subject Access Requests
Subject to any exemptions provided by law, you may have the right to request:
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a copy of the Personal Data we hold about you;
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to correct the Personal Data we hold about you;
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to delete your Account or Personal Data;
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to object to processing of your Personal Data for certain purposes;
To access your privacy rights, send us an email at angelo.santos@upwest.pt.
We will generally process requests within one month. We may need to request specific information from you to help us confirm your identity and/or the jurisdiction in which you reside. If your request is complicated or if you have made a large number of requests, it may take us longer. We will let you know if we need longer than one month to respond.
Legal Bases For Processing Personal Data
We may process your Personal Data under applicable data protection law on the following legal grounds:
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Contractual Necessity: we may process your Personal Data to enter into or perform a contract with you.
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Consent: where you have provided consent to process your Personal Data. You may withdraw your consent at any time.
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Legitimate interest: we process your Personal Data to provide our Services to you such as to provide our online user experience, communicate with you, provide customer service, market, analyze and improve our business, and to protect our Services.
Age Limitations
Our Service is intended for adults ages 18 years and above. We do not knowingly collect personally identifiable information from children. If you are a parent or legal guardian and think your child under 13 has given us information, please email or write to us at the address listed at the end of this Privacy Policy. Please mark your inquiries “COPPA Information Request.”
Changes to this Privacy Policy
Upwest may change this Privacy Policy from time to time. We encourage you to visit this page to stay informed. If the changes are material, we may provide you additional notice to your email address or through our Services. Your continued use of the Services indicates your acceptance of the modified Privacy Policy.
Storage of Information in the United States
Information we maintain may be stored both within and outside of the United States. If you live outside of the United States, you understand and agree that we may transfer your information to the United States, and that U.S. laws may not afford the same level of protection as those in your country.
Contact Us
If you have questions, comments, or concerns about this Privacy Policy, you may contact us at:
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https://www.upwest.pt
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angelo.santos@upwest.pt
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+351917466040