Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern your access to and use of UPBEAT Growth OS (“UPBEAT”, “we”, “us”), operated by UPBEAT Growth. By creating an account or using the service you agree to these Terms and to our Privacy Policy. If you don’t agree, don’t use the service.

2. The service

UPBEAT is an AI-powered marketing platform for founders and small teams. It helps you define brand voice, plan content, draft and publish articles and posts, and measure results. Features available to you depend on your plan and may change over time as we improve the product.

3. Your account

• You must be at least 16 years old and able to form a binding contract.
• You’re responsible for the activity on your account and for keeping your credentials secure. Tell us promptly at hello@upbeatgrowth.com if you suspect unauthorized access.
• You must provide accurate information and keep it up to date.

4. Your content

You retain all ownership of the brand inputs, voice samples, images, articles, posts, and other content you submit to or generate through UPBEAT (“Your Content”). You grant us a limited, worldwide, non-exclusive license to host, process, display, and transmit Your Content solely to operate and improve the service for you — including sending it to AI model providers and to third-party services you connect (e.g. WordPress, Klaviyo, Google, Meta) on your instruction. We do not use Your Content to train foundation models.

5. Acceptable use

You agree not to:

• Use the service to create or distribute content that is unlawful, deceptive, defamatory, infringing, harassing, or harmful.
• Generate spam, impersonate others, or violate any third-party platform’s terms (including Meta Platform Terms, Google API Services Terms, or WordPress.org terms).
• Reverse engineer, scrape, or attempt to extract source code or model weights from the service.
• Resell, sublicense, or provide the service to third parties outside your own business without our written consent.
• Probe, scan, or disrupt the integrity or performance of the service.

6. Third-party integrations

When you connect a third-party service (Google, WordPress, Klaviyo, Meta, Stripe, etc.), your use of that service is governed by its own terms. We act on your instruction to read and write data within the scopes you authorize. You’re responsible for the content you publish through those services via UPBEAT.

7. Plans, billing, and trials

• Paid plans are billed in advance by Stripe on a recurring basis at the price shown at checkout. Taxes may apply.
• You can cancel at any time; your plan remains active through the end of the current billing period. Fees paid are non-refundable except where required by law.
• Free trials, promotional credits, and price changes will be communicated in advance where required.

8. AI-generated content

UPBEAT uses large language models (including Anthropic Claude) to generate drafts. Model output can be inaccurate, biased, or inappropriate for your use case. You are responsible for reviewing all generated content before publishing it, and for confirming that it complies with applicable laws, platform rules, and any rights of third parties. We do not guarantee any particular outcome (e.g. rankings, traffic, conversions, or revenue).

9. Intellectual property

The UPBEAT service, software, branding, and documentation are owned by UPBEAT Growth and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the service in accordance with these Terms. All rights not expressly granted are reserved.

10. Confidentiality and security

We maintain reasonable administrative, technical, and physical safeguards designed to protect Your Content. See our Privacy Policy for details.

11. Termination

You may stop using UPBEAT at any time and can delete your account by emailing hello@upbeatgrowth.com or following our Data Deletion instructions. We may suspend or terminate accounts that violate these Terms or put the service, its users, or third parties at risk. On termination, your right to use the service ends; sections that by their nature should survive (ownership, disclaimers, liability, governing law) will survive.

12. Disclaimers

The service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that AI output will meet your requirements.

13. Limitation of liability

To the maximum extent permitted by law, UPBEAT Growth will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or related to your use of the service. Our aggregate liability for any claim arising out of or related to these Terms will not exceed the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) US $100.

14. Indemnification

You agree to defend and indemnify UPBEAT Growth from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of Your Content, your violation of these Terms, or your violation of any rights of a third party.

15. Changes

We may update these Terms. Material changes will be announced by email or in-app at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

16. Governing law

These Terms are governed by the laws of the State of Connecticut, USA, without regard to conflict-of-laws rules. You and UPBEAT Growth consent to the exclusive jurisdiction of the state and federal courts located in Connecticut for any dispute that is not subject to arbitration or small-claims court.

17. Contact

UPBEAT Growth — hello@upbeatgrowth.com