These Terms of Service (“Terms”) are a binding agreement between you and Up Source Unlimited (“Up Source Unlimited,” “we,” “us,” or “our”) governing your access to and use of our done-for-you marketing services, website, and related tools (collectively, the “Services”).
1. Acceptance of these terms
By creating an account, subscribing, or using the Services, you agree to these Terms and to our Privacy Policy. If you are using the Services on behalf of a business, you represent that you are authorized to bind that business to these Terms. If you do not agree, do not use the Services.
2. Description of the Services
Up Source Unlimited provides done-for-you marketing for local businesses, which may include social media management, email campaigns, QR-code marketing, content creation, scheduling, publishing, and related analytics. We may add, change, or remove features over time.
3. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account. Notify us promptly of any unauthorized use.
4. Subscriptions, billing, and fees
- Subscription plans — the Services are offered on recurring subscription plans. The features and price of your plan are presented at checkout.
- Setup fee — new engagements may include a one-time setup fee of $1,500, disclosed before you purchase, covering onboarding, brand setup, and initial content production.
- Auto-renewal — subscriptions are month-to-month and renew automatically each billing period until cancelled. By subscribing, you authorize us (through our payment processor) to charge your payment method on each renewal.
- Cancellation — you may cancel at any time, effective at the end of the current billing period. After cancellation you retain access through the period you have already paid for.
- Taxes — fees are exclusive of taxes, which you are responsible for where applicable.
5. Refunds
Except where required by law, fees and setup fees are non-refundable, and we do not provide refunds or credits for partial billing periods or unused Services. If you believe you were billed in error, contact us and we will review in good faith.
6. Acceptable use
You agree not to use the Services to:
- Violate any law, regulation, or third-party right, including intellectual property and privacy rights.
- Send unlawful, deceptive, or unsolicited communications, or otherwise violate anti-spam laws.
- Upload content that is illegal, infringing, defamatory, harmful, or that you do not have the right to use.
- Interfere with, disrupt, reverse engineer, or attempt to gain unauthorized access to the Services.
7. Your content and license
You retain ownership of the content, materials, brand assets, and information you provide (“Client Content”). You grant Up Source Unlimited a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and adapt your Client Content as needed to create, schedule, publish, and distribute marketing on your behalf, including to the third-party platforms you direct us to.
You represent and warrant that you own or have all necessary rights, licenses, and permissions to the Client Content and that our use of it as described will not infringe any third-party rights. We retain all rights, title, and interest in the Services, our software, and our underlying technology and intellectual property.
8. AI-generated content
Parts of the Services use artificial intelligence to generate text and images. AI-generated content may be inaccurate, incomplete, or unsuitable, and similar content may be generated for others. You are responsible for reviewing and approving all content before it is published, and you are solely responsible for content you choose to publish. We do not warrant the accuracy, originality, or fitness of AI-generated output.
9. Third-party services
The Services rely on and integrate with third parties (for example, payment, email, hosting, AI, and social platforms). Your use of those services may be subject to their own terms, and we are not responsible for their acts, omissions, or availability.
10. Disclaimers
The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that any particular marketing results will be achieved.
11. Limitation of liability
To the maximum extent permitted by law, Up Source Unlimited and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill. Our total liability for any claim arising out of or relating to the Services will not exceed the amount you paid us in the three (3) months before the event giving rise to the claim.
12. Indemnification
You agree to indemnify and hold harmless Up Source Unlimited from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your Client Content, your use of the Services, or your violation of these Terms or any law or third-party right.
13. Termination
You may stop using the Services at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Services in a way that creates risk or legal exposure. Provisions that by their nature should survive termination will survive.
14. Governing law and disputes
These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-law rules. You agree that any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in California, and you consent to personal jurisdiction there.
15. Changes to these terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, where appropriate, provide additional notice. Your continued use of the Services after an update means you accept the revised Terms.
16. Contact us
Questions about these Terms? Contact us at support@upsourceunlimited.com or by mail at:
Up Source Unlimited
[PLACEHOLDER — full street address]