Terms of Service

Acceptance of Terms

By accessing and using the website and services provided by Upmark d.o.o. ("Upmark", "we", "our", or "us"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our website or services. These terms constitute a legally binding agreement between you and Upmark regarding your use of our construction industry forecasting services.

Company Information

Service Description

Upmark provides construction industry forecasting services, including market analysis, trend predictions, pricing forecasts, and strategic consulting. Our services are designed for construction industry professionals, businesses, and stakeholders seeking market intelligence and strategic insights. All forecasts and analyses are based on available data and professional expertise but do not guarantee future outcomes.

User Obligations

When using our services, you agree to:

• Provide accurate and complete information when requested
• Use our services only for lawful business purposes
• Not share or redistribute our proprietary reports and forecasts without written permission
• Respect the intellectual property rights of Upmark and third parties
• Not attempt to reverse engineer, copy, or reproduce our forecasting methodologies
• Comply with all applicable laws and regulations in your jurisdiction
• Maintain the confidentiality of any login credentials or access information

Service Terms and Payment

Service agreements, pricing, and payment terms are established through separate service contracts or agreements. All fees are due according to the payment schedule specified in your service agreement. Late payments may result in service suspension or termination. Upmark reserves the right to modify service pricing with appropriate notice to existing clients.

Intellectual Property

All content, reports, forecasts, methodologies, and materials provided by Upmark are protected by copyright, trademark, and other intellectual property laws. Upmark retains all rights, title, and interest in our proprietary forecasting models, reports, and analytical content. Clients receive a limited, non-transferable licence to use the services and reports for their internal business purposes only. Any unauthorised use, reproduction, or distribution of our intellectual property is strictly prohibited.

Confidentiality

Upmark respects the confidentiality of client information and maintains strict data protection standards. Clients agree to maintain the confidentiality of proprietary forecasting methodologies, non-public market insights, and any confidential information disclosed during the provision of services. Both parties acknowledge that confidential information may be exchanged and agree to protect such information from unauthorised disclosure.

Disclaimer of Warranties

Our forecasting services are provided on an "as is" and "as available" basis. While we strive for accuracy, construction market forecasts inherently involve uncertainty and risk. Upmark makes no warranties, express or implied, regarding the accuracy, completeness, or reliability of forecasts, market predictions, or analytical content. We do not guarantee that our services will meet your specific requirements or that market conditions will develop as forecasted.

Limitation of Liability

To the maximum extent permitted by law, Upmark shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising from your use of our services or reliance on our forecasts. Our total liability for any claims arising from our services shall not exceed the amount paid by you for the specific service giving rise to the claim. This limitation applies regardless of the legal theory upon which the claim is based.

Force Majeure

Upmark shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, pandemics, or significant market disruptions that affect data availability or our ability to provide services.

Termination

Either party may terminate service agreements in accordance with the terms specified in the relevant service contract. Upmark reserves the right to suspend or terminate access to our services immediately if you violate these Terms of Service, fail to make required payments, or engage in conduct that we determine to be harmful to our business or other clients. Upon termination, your right to access and use our services will cease immediately, but obligations regarding confidentiality and intellectual property will survive termination.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Slovenia and the European Union. Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Ljubljana, Slovenia. If any provision of these terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Data Protection

Your privacy and data protection are important to us. Our collection, use, and protection of personal data are governed by our Privacy Policy, which is incorporated into these terms by reference. By using our services, you consent to the collection and use of your information as described in our Privacy Policy and in accordance with applicable data protection regulations including GDPR.

Modifications to Terms

Upmark reserves the right to modify these Terms of Service at any time. We will notify users of material changes by posting updated terms on our website and updating the "Last Updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated terms. We encourage you to review these terms periodically to stay informed of any changes.

Severability

If any provision of these Terms of Service is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these terms. The validity and enforceability of the remaining provisions shall not be affected.

Contact Information

If you have questions about these Terms of Service or need to contact us regarding legal matters, please reach out to us: