Terms and Conditions

1. Definitions and Terminology

1-1. UpGate: Refers to the software, infrastructure, technological, and legal entity that provides data services, APIs, plugins, and related tools through the internet platform.

1-2. Service: All services provided by UpGate, including but not limited to: News Panel, structured data APIs, plugins and connection tools, processed outputs, structured data, and software modules.

1-3. Subscription: The right to use that the user receives for a specified period through payment. Subscriptions are non-transferable, non-resalable, non-convertible, and absolutely non-refundable.

1-4. User / Customer: Any natural or legal person who uses UpGate services in any way.

1-5. API Key: A unique, exclusive, non-transferable, and confidential code issued solely to the user for accessing API services.

1-6. Force Majeure: Any event outside the control of both parties that makes performance of obligations impossible, including: war, conflict, unrest, network restrictions, government-imposed access limitations, internet or telecommunications outages, sanctions or export-control restrictions, cloud or provider outages, and infrastructure disruptions affecting the user's region.

1-7. Structured Content: Any type of processed, classified, extracted, or analyzed data provided by UpGate in standard format.

2. Subject of Agreement

The subject of this agreement is the provision of SaaS services including news data collection, information processing, content structuring, subscription-based software tools, APIs, and management panels.

By accepting this document, the user only receives the right to use and has no ownership, reproduction rights, sales rights, or public distribution rights to the data.

3. Formal Acceptance of Agreement Terms

By purchasing a subscription, logging into an account, activating an API Key, or using the service, you electronically accept these terms and may not claim that you have not agreed to this document.

4. UpGate Responsibilities

UpGate is committed to providing the service according to its internal standards. However, UpGate's responsibility is limited to: maintaining the service on servers, reasonable efforts to provide acceptable uptime, and preserving user data in accordance with applicable law.

UpGate is not responsible for: user's internet quality, disruptions caused by local network conditions, network restrictions or government-imposed access limitations, problems arising from sanctions or export-control restrictions, ISP-related issues, cloud or provider outages, or user-side problems (hardware, software, configuration, browser, etc.).

In circumstances beyond UpGate's reasonable control, UpGate bears no liability for service interruption or non-performance.

5. Force Majeure

In the event of any of the following, UpGate will have no responsibility for service provision, refund, or compensation: national or international internet outages, DNS or access-layer restrictions, government-imposed restrictions, emergency situations (war, unrest, security crisis), widespread telecommunications or cloud infrastructure failures, or international sanctions or export-control restrictions.

During such events, failure to perform obligations does not result in liability for UpGate.

6. Refund Policy

Unless required by mandatory local law: all payments are final and non-refundable. Cancellation of subscription, even immediately after purchase, does not qualify for refund. A user's inability to use the service due to connectivity or network access disruptions does not qualify for refund. UpGate has no obligation to extend or compensate subscription periods.

No indirect or consequential damages may be claimed under this agreement unless explicitly stated herein.

7. Service Quality Level (SLA)

UpGate strives to maintain service quality at standard levels, but: SLA only covers the performance of UpGate servers. SLA does not include the internet, equipment, or network of the user's country. The actual measure of service accuracy is UpGate's internal monitoring reports.

8. Intellectual Property

All components of the service, including: codes, designs, algorithms, APIs, databases, and data output structures belong to UpGate, and the user has no right to: sell, publish, reproduce, reverse engineer, or create similar products.

9. API Key

1. API Key is confidential and attributable to the user.

2. Sharing API Key or simultaneous use by multiple users is a violation.

3. UpGate has the right to immediately suspend access.

4. Responsibility for any misuse arising from API Key lies with the user.

10. Service Suspension or Termination

UpGate may suspend or terminate service without refund in the following cases: violation of laws, attack or attempted intrusion, unauthorized consumption, resale of content, use in cybercrimes, or excessive API load. The user has no right to object or claim payment.

11. Limitation of Liability

UpGate is not responsible under any circumstances for: indirect damages, economic losses, revenue reduction, business interruption, or incidental costs arising from network, cloud provider, or infrastructure disruptions in the user's region.

No damages may be claimed unless explicitly provided for in this agreement.

12. Entire Agreement

This document is the only valid reference for the agreement between UpGate and the user. No promise, claim, correspondence, support message, or oral explanation outside this document has legal validity.

13. No-Waiver

UpGate's non-exercise of a right does not mean forgiveness or waiver of that right.

14. Notice

All notifications are made through the user's registered email or UpGate website. Failure to see notifications is the user's responsibility and does not change their validity.

15. Privacy

UpGate keeps user information confidential and only discloses it where required by applicable law, regulation, or valid legal process.

16. Governing Law and Disputes

This agreement is governed by the laws of UpGate's jurisdiction of incorporation, without regard to conflict-of-law principles, except where mandatory consumer, data-protection, or other local laws in your country require otherwise.

Parties will first attempt to resolve disputes in good faith. If unresolved within 30 days, either party may refer the matter to competent courts or agreed arbitration in UpGate's jurisdiction, unless mandatory local law requires a different forum.

17. Electronic Acceptance

Registration, subscription purchase, login, or API use constitutes your electronic acceptance of these terms.