Important: By accessing or using Upsilon 42 LLC services, you agree to be bound by these Terms of Service. Please read them carefully.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Upsilon 42 LLC ("Company," "we," "us," or "our"). By accessing, browsing, or using our website, services, or any content provided by Upsilon 42 LLC, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use our services. Your continued use of our services constitutes your ongoing acceptance of these Terms and any modifications we may make to them.

2. Description of Services

Upsilon 42 LLC is a technology-driven innovation hub that builds, acquires, and scales businesses across various industries including:

  • E-commerce solutions and platforms
  • Software as a Service (SaaS) applications
  • Marketing and advertising services
  • Data analytics and artificial intelligence solutions
  • Technology consulting and innovation services
  • Business development and strategic partnerships

Our services may include consulting, software development, business partnerships, and other technology-related offerings. Specific terms for individual services may be provided separately and shall supplement these general Terms.

3. Eligibility and Registration

Eligibility Requirements

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our services. If you are representing a business or organization, you warrant that you have the authority to bind that entity to these Terms.

Account Registration

Some services may require you to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information as necessary
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorized access
  • Accept responsibility for all activities under your account

4. User Conduct and Responsibilities

You agree to use our services responsibly and in compliance with all applicable laws. You shall not:

  • Use our services for any unlawful, fraudulent, or malicious purposes
  • Violate any intellectual property rights of Upsilon 42 LLC or third parties
  • Attempt to gain unauthorized access to our systems or networks
  • Transmit viruses, malware, or other harmful code
  • Interfere with or disrupt our services or servers
  • Collect personal information about other users without consent
  • Engage in spamming, phishing, or other deceptive practices
  • Use our services to compete directly with our business
  • Reverse engineer, decompile, or disassemble our software
  • Share your account credentials with unauthorized parties

Warning: Violation of these conduct rules may result in immediate termination of your access to our services and potential legal action.

5. Intellectual Property Rights

Our Intellectual Property

All content, software, technology, designs, trademarks, and other intellectual property provided through our services are owned by Upsilon 42 LLC or our licensors. This includes but is not limited to:

  • Website content, text, graphics, and multimedia
  • Software applications and source code
  • Business methodologies and processes
  • Trademarks, logos, and branding materials
  • Proprietary algorithms and data models

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our services for their intended purpose. This license does not include the right to:

  • Modify, copy, or distribute our content
  • Create derivative works based on our services
  • Use our intellectual property for commercial purposes without permission
  • Remove or alter any proprietary notices or labels

User Content

You retain ownership of content you provide to us, but grant us a worldwide, royalty-free license to use, modify, and distribute such content as necessary to provide our services.

6. Privacy and Data Protection

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

Key privacy principles:

  • We collect data directly from you, not from third parties
  • We do not share your personal information with external parties without consent
  • We implement appropriate security measures to protect your data
  • You have rights regarding your personal information

7. Disclaimers and Warranties

Important Disclaimer: Our services are provided "as is" and "as available" without warranties of any kind.

No Warranties

To the fullest extent permitted by law, Upsilon 42 LLC disclaims all warranties, express or implied, including:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties of non-infringement of third-party rights
  • Warranties that services will be uninterrupted or error-free
  • Warranties regarding the accuracy or completeness of content
  • Warranties that our services will meet your specific requirements

Third-Party Services

Our services may integrate with or link to third-party services. We are not responsible for the availability, content, or practices of such third-party services.

8. Limitation of Liability

To the maximum extent permitted by law, Upsilon 42 LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or business interruption
  • Cost of substitute goods or services
  • Personal injury or property damage
  • Any other commercial damages or losses

Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you have paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

9. Indemnification

You agree to indemnify, defend, and hold harmless Upsilon 42 LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising from or related to:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Your violation of any third-party rights
  • Any content you provide to us
  • Any negligent or wrongful conduct by you

10. Termination

Termination by You

You may terminate your use of our services at any time by discontinuing access and, if applicable, closing your account.

Termination by Us

We may terminate or suspend your access to our services immediately, without prior notice, for conduct that we believe:

  • Violates these Terms or our policies
  • Is harmful to other users or third parties
  • Violates applicable laws or regulations
  • Could expose us to liability or harm our reputation

Effect of Termination

Upon termination, your right to access and use our services will cease immediately. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law shall survive termination.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Upsilon 42 LLC is incorporated, without regard to conflict of law principles.

Any disputes arising from or related to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

  • Posting updated Terms on our website
  • Updating the "Last Modified" date
  • Sending email notifications for significant changes (when possible)
  • Providing in-app notifications where applicable

Your continued use of our services after changes become effective constitutes acceptance of the updated Terms. If you disagree with any changes, you must discontinue using our services.

13. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any additional service-specific terms, constitute the entire agreement between you and Upsilon 42 LLC.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights and obligations without restriction.

Questions About These Terms?

If you have any questions, concerns, or need clarification regarding these Terms of Service, please contact us:

Email: [email protected]

Last Updated: June 15, 2025

Effective Date: June 15, 2025