These Terms are part of the Upstream+ Terms of Service and set forth rules that apply specifically to the protection of the Service and Provider’s intellectual property. By using the Service, you agree to these rules.
Effective Date: 02/20/2026
Provider: Performance Flow Metrics, LLC (“Provider”, “we”, “us”)
Service: Upstream+ (the “Service” or the “Application”)
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
1. Acknowledgements
You acknowledge that:
- The Service (including all software, APIs, files, documentation, interface designs, algorithms, structure, organization, and content) is proprietary to Provider and its licensors;
- Provider owns all intellectual property rights in the Service; and
- The Service is licensed — not sold — to you for the limited purposes described in your subscription or Order.
2. Prohibited Acts: No Reverse-Engineering or Derivative Use
You SHALL NOT, directly or indirectly, and you shall ensure your Authorized Users and agents do not, under any circumstances:
- Reverse engineer, decompile, disassemble, decode, decrypt, extract, attempt to derive the source code of, or otherwise attempt to derive the underlying ideas, algorithms, structure or organization of the Service (including any binary, object code or compiled form) or any part thereof;
- Modify, create derivative works of, translate, or otherwise alter the Service, or permit others to do so, except to the limited extent that applicable law prohibits restrictions on reverse engineering and then only to the minimum extent required by law and only after you have given Provider prior written notice and an opportunity to provide interoperability information under reasonable commercial terms;
- Bypass, disable, or circumvent any technical protection measure, authentication mechanism, access control, watermark, or other digital rights management system implemented by Provider;
- Attempt to probe, scan, penetrate, or test the vulnerability of the Service or any related system or network for the purpose of discovering weaknesses or otherwise interfering with the Service except where authorized in writing by Provider as part of an agreed testing engagement;
- Reproduce, distribute, publish, or disclose any portion of the Service’s source code, internal APIs, or any otherwise confidential or proprietary technical information, except as expressly allowed by Provider in writing;
- Use the Service to develop software or services that compete with the Service, or assist others to do so.
3. Limited Exceptions
If you believe that applicable law requires you be permitted to reverse engineer the Service for the purpose of interoperability, you must (i) provide Provider prior written notice of your intent, (ii) cooperate with Provider in good faith and give Provider a reasonable opportunity to provide interoperable functionality on commercially reasonable terms, and (iii) only undertake reverse engineering to the extent strictly required by law and with technical safeguards to protect Provider’s proprietary information. Any permitted reverse engineering under this paragraph will be limited in scope, documented and subject to a protective confidentiality agreement.
4. Confidentiality & Non-Disclosure
All non-public technical information about the Service (including but not limited to source code, object code, specifications, APIs, architecture diagrams and security mechanisms) is Provider’s Confidential Information. You shall not disclose, publish, or make available any Confidential Information to any third party. You shall use Confidential Information only to exercise your rights under the Agreement and shall protect it with at least the same degree of care you use to protect your own confidential information, but no less than reasonable care.
5. Monitoring, Audits & Enforcement
- Monitoring: Provider may monitor use of the Service and the network for security or compliance purposes. Provider may log, investigate and act on potential breaches of these Terms.
- Audits: Provider may audit Customer systems and logs to verify compliance with these Terms and your Order, subject to reasonable notice and confidentiality protections.
- Enforcement: If Provider reasonably believes you have attempted or engaged in reverse-engineering or other prohibited acts, Provider may immediately suspend or terminate your access, pursue injunctive relief and seek all available remedies and damages.
6. Remedies & Injunctive Relief
You agree that any threatened or actual unauthorized reverse engineering, copying, misuse or disclosure of Provider’s Confidential Information or Platform would cause irreparable harm for which monetary damages would be an inadequate remedy. Provider may seek injunctive relief in any court of competent jurisdiction to restrain any such act or threatened act, in addition to any other remedies available at law or in equity (including recovery of attorneys’ fees and costs).
7. Indemnity
You shall indemnify, defend and hold Provider harmless from and against any losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from any claim or proceeding arising out of or related to your breach of this reverse-engineering and IP protection provision.
8. Termination
Breach of the prohibitions above is a material breach of the Terms and may result in immediate termination or suspension of access without prior notice. Termination for breach does not limit Provider’s right to pursue injunctive relief and damages.
9. Survival
Sections 2–8 survive termination or expiration of the Agreement.
10. Miscellaneous
Governing law & forum: These Terms are governed by the governing law in your Agreement; injunctive relief is available in courts of competent jurisdiction as specified in the Agreement.
Severability: If any provision of these Terms is found unenforceable, the parties will replace it with a valid provision that most closely approximates the intent.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by the Upstream+ Online Privacy Policy (see the full Privacy Policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Upstream+ and/or our subsidiaries and affiliates.
