Terms of Service
Effective: January 26th, 2018
By using the Upscale website, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Upscale is located and registered in the UK.
Upscale reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://upscaleapp.com/terms
1. You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process.
2. Your login credentials may only be used by one person - a single set of login credentials shared by multiple users is not allowed.
3. You may create login credentials for as many clients and customers as your plan allows.
4. You are responsible for maintaining the security of your account and password. Upscale cannot and will not be liable for any loss or damage from your failure to protect your login information.
5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
6. You are responsible for all Content posted and activity that occurs under your account including Content posted by other people who have been granted access to the Site under your account.
Payments and Refunds
1. To continue using the Service after the free trial has ended, a valid credit or debit card is required.
2. If you enter your billing information before your trial has ended, your trial will end on that date and you will begin being billed on a monthly basis from that date.
3. If you choose not to pay once your trial has expired, your account will be suspended until payment is received.
4. The monthly service is billed at the start of each month for the next month’s subscription and activity. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months with an open account.
5. The yearly service is billed upfront at the end of your trial and will renew each year until the subscription is cancelled.
Modifications to the Service and Fees
1. Upscale reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
2. Upscale reserves the right to change fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the Upscale website.
Cancellation and Termination
1. You alone are responsible for the proper cancellation of your account. You may cancel your account from the "Settings" tab within your account.
2. You are responsible for paying any accrued fees associated with your subscription prior to cancellation.
3. All of your Content will be deleted from the Service 3 months after cancellation unless, during that 3 month period, the Account is reactivated.
4. Upscale, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Upscale reserves the right to refuse service to anyone for any reason at any time.
5. Upscale may cancel or suspend your account immediately without notice for any of the following reasons:
- Failure to pay an invoice or late payment (payment delayed by 5 days or more) .
- Illegal activity involving or in any way relating to use or misuse of Upscale.
- Any attempt by your users to extract data from the Upscale system which you do not rightly have access to or damage Upscale such that such access is made easier for others.
- Any damage (intentionally or otherwise) to the service Upscale offers by your users.
- Any activity by your users which results in a significant increase in the costs to Upscale of providing the Upscale service.
- Any activity by your users which defames Upscale or damages its reputation.
7. In the event of cancellation or long-term suspension Upscale will provide exports of your data free of charge unless prevented from doing so by law. If any further data is required Upscale will make a reasonable effort to provide that data in a usable format charging a reasonable hourly rate for that work.
8. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content associated with your Account.
9. Upscale reserves the right to refuse service to any new customer for any reason.
10. Upscale reserves the right to modify the service at any time without notice. Unless otherwise agreed all customers will be provided with the same service as defined by their pricing tier.
Copyright and Content Ownership
1. Upscale owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Upscale owns.
2. Upscale claims no intellectual property rights over the Content you upload or provide to the Service.
4. We will not share the contents of your end user database with another user of Upscale or external companies/individuals.
5. A user with an Upscale account will only have access to the data in its user-specific database.
1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
3. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Upscale.
4. You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
5. You may not use the service to transmit any viruses, worms, or malicious content.
6. Upscale does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
7. Upscale, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
8. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
9. The failure of Upscale to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Upscale and govern your use of the Service, superseding any prior agreements between you and Upscale (including, but not limited to, any prior versions of the Terms of Service).
10. Questions regarding the Terms of Service should be sent to support at email@example.com
11. Customer support can be reached at support at firstname.lastname@example.org
The materials on Upscale’s website are provided “as is”. Upscale makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Upscale does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Upscale or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use Upscale, even if Upscale or an Upscale authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations or implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.