Terms of Service

1. Acceptance of these Terms

These Terms of Service (the "Terms") form a legally binding agreement between Brixial Technologies Pvt Ltd ("Brixial", "we", "us", "our"), a private limited company incorporated in India on 26 December 2023, and you, the person or entity accessing or using Uploadex (the "Service"). By creating an account, uploading a file, or otherwise using the Service, you confirm that you have read, understood and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy and our DMCA / Copyright procedures.

If you do not agree with these Terms, do not use the Service.

2. Eligibility

You must be at least 16 years old to use the Service. If you are under the age of majority in your jurisdiction, you confirm that a parent or lawful guardian has consented on your behalf. By accepting these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.

3. The Service

Uploadex is a file-hosting and file-sharing platform. It lets you upload files, generate shareable links, and allow recipients to preview and download those files. We may add, change or remove features of the Service at any time, and we will give reasonable advance notice of material changes where practical.

4. Your account

You can use a limited version of the Service without an account. Full functionality requires a verified email address. You are responsible for:

• Providing accurate registration information and keeping it up to date.
• Keeping your credentials confidential, enabling two-factor authentication where available, and signing out of shared devices.
• All activity that occurs under your account, whether or not authorised by you.

Notify us at [email protected] immediately if you believe your account has been compromised.

5. Your content

You retain all ownership rights in the files, text, images and other material you upload to the Service ("Your Content"). You grant Brixial a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit and deliver Your Content, solely to the extent necessary to operate the Service and to provide it to you and the people you choose to share it with. This licence ends when Your Content is deleted, subject to the retention periods set out in our Privacy Policy.

You represent and warrant that:

• You own Your Content, or have all necessary rights, licences and permissions to upload and share it.
• Your Content and your use of the Service do not violate these Terms, the Acceptable Use Policy, any applicable law, or the rights of any third party (including intellectual-property, privacy and publicity rights).

6. Acceptable use

You must use the Service in accordance with our Acceptable Use Policy, which forms part of these Terms. Prohibited conduct includes, without limitation, distributing malware, infringing intellectual property, uploading child-sexual-abuse material, harassing users, probing our systems without permission, and attempting to bypass technical controls or rate limits.

7. Reporting abuse and copyright notices

If Your Content is subject to a valid takedown notice under the Digital Millennium Copyright Act (17 U.S.C. § 512) or comparable law (including §79 and §81 of the Indian Information Technology Act, 2000 read with the Intermediary Guidelines), we will act on it in accordance with our published DMCA / Copyright procedure. Counter-notices are accepted through the same page.

8. Intellectual property

The Service, including the Uploadex name, logo, product design, source code, and accompanying documentation, is owned by Brixial and protected by intellectual-property laws. Except for the limited right to use the Service, nothing in these Terms grants you any right, title or interest in or to the Service.

We welcome feedback. If you send us suggestions or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or compensation.

9. Third-party services

The Service may link to or integrate with services operated by third parties. We do not control those services and are not responsible for their content, policies or practices. Your use of a third-party service is governed by that service's own terms and privacy policy.

10. Suspension and termination

We may suspend or terminate your access to the Service, with or without notice, if:

• You materially breach these Terms, the Privacy Policy or the Acceptable Use Policy.
• Your use exposes Brixial or other users to legal, security or safety risk.
• We are required to do so by a court order, regulator or applicable law.

You may stop using the Service and delete your account at any time from your account settings. Sections that by their nature are intended to survive termination (including §5, §8, §11, §12 and §14) will continue to apply.

11. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any content stored on the Service will not be lost or corrupted. You are responsible for maintaining your own backups of Your Content.

12. Limitation of liability

To the maximum extent permitted by applicable law, in no event will Brixial, its directors, employees or affiliates be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, or data, arising out of or in connection with these Terms or the Service, even if Brixial has been advised of the possibility of such damages.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by applicable law, including liability for death or personal injury caused by negligence, fraud, or gross negligence.

13. Indemnification

You agree to defend, indemnify and hold harmless Brixial and its directors, employees, contractors and agents from and against any claim, liability, loss, damage or expense (including reasonable legal fees) arising out of (a) Your Content, (b) your use of the Service in breach of these Terms, or (c) your violation of any law or the rights of a third party.

14. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of India, without regard to its conflict-of-laws rules. Subject to §15, the courts at the registered office of Brixial Technologies Pvt Ltd in India will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.

15. Dispute resolution

Before starting any formal proceeding, you agree to try to resolve the dispute informally by contacting [email protected]. If we cannot resolve the dispute within 60 days, either party may refer it to arbitration under the Arbitration and Conciliation Act, 1996, seated in India, before a sole arbitrator mutually appointed. The language of arbitration will be English. Nothing in this section prevents either party from seeking urgent injunctive relief in a court of competent jurisdiction.

16. Changes to these Terms

We may update these Terms from time to time. When we make a material change, we will revise the "Last updated" date above and, for material changes, give you at least 30 days' notice by email or in-product banner before the change takes effect. Your continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.

17. Miscellaneous

• Entire agreement. These Terms, together with the documents they reference, form the entire agreement between you and Brixial regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions will continue in full force and effect.
• No waiver. Failure to enforce a right is not a waiver of that right.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them to any affiliate or successor.
• Notices. We may give notices by email, in-product banner, or by posting to uploadex.net.

18. Contact