Upscalable

Terms of Use

Last Updated: 20th May, 2022

Welcome to Upscalable.co ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your use of our social media marketing services ("Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. Please read them carefully.

 

1. Acceptance of Terms

By engaging our Services, you agree to comply with and be bound by these Terms, as well as any policies and guidelines referenced herein. If you do not agree to these Terms, you should not use our Services.

2. Services Provided

Upscalable.co offers a range of social media marketing services, including but not limited to:

  • Social media account management
  • Content creation and curation
  • Social media advertising campaigns
  • Analytics and performance reporting
  • Influencer marketing coordination

The scope of the services provided will be outlined in a separate agreement or proposal ("Service Agreement").

3. User Responsibilities

As a client, you agree to:

  • Provide accurate and complete information necessary for us to deliver the Services.
  • Review and approve content in a timely manner.
  • Ensure that any material you provide does not infringe on the intellectual property rights of others.
  • Comply with all applicable laws and regulations related to your social media activities.

4. Fees and Payment

  • Fees: The fee for our Services will be outlined in the Service Agreement. All fees are non-refundable on single month term and performance-based refund applies on 3-month terms.
  • Payment Terms: Payments are due as specified in the Service Agreement. Late payments may result in the suspension or termination of Services.
  • Auto-Renewal: Client will be responsible to pay a new invoice when he requests to resubscribe, Upscalable.co will not auto-charge the client.
  • Change Of Mind: Client will not be eligible to a refund based on change of mind, dissatisfaction over initial content/ads that may have room for revisions, and act of God over monthly or quarterly subscriptions. Refunds will only be applicable if month-on-month KPIs have not been met.
  • Delays: Client is eligible to a service or tenure based extension in case of delays but no monetary remuneration.
  • Taxes: You are responsible for any taxes or duties associated with your use of our Services.

5. Intellectual Property

  • Content Ownership: You retain ownership of any content you provide to us. However, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content in connection with the Services.
  • Company Materials: Any materials created by Upscalable.co in the course of providing Services (including, but not limited to, graphics, designs, and strategies) remain the intellectual property of the client, unless otherwise agreed in writing.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the term of the Service Agreement. This obligation will continue for a period of 5 years following the termination of the Services.

7. Warranties and Disclaimers

  • No Guarantee of Results: While we will use our best efforts to achieve the goals outlined in the Service Agreement, we cannot guarantee specific results (e.g., increased followers, sales, etc.) as it is considered unethical in the marketing fraternity.
  • Disclaimer of Warranties: The Services are provided "as is" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Limitation of Liability

To the maximum extent permitted by law, Upscalable.co shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Services;
  • Any unauthorized access to or use of our servers and/or any personal information stored therein;
  • Any interruption or cessation of transmission to or from our Services.

9. Indemnification

You agree to indemnify, defend, and hold harmless Upscalable.co and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

10. Termination

Either party may terminate the Service Agreement at any time, with or without cause, by providing 30 days' written notice. Upon termination, you agree to pay any outstanding fees for Services rendered up to the termination date.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Massachusetts, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Massachusetts.

12. Amendments

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

13. Miscellaneous

  • Entire Agreement: These Terms, together with the Service Agreement, constitute the entire agreement between you and Upscalable.co concerning the Services and supersede all prior agreements or understandings, written or oral.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Waiver: The failure of either party to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14. Contact Information

If you have any questions about these Terms, please contact us at (617) 861-9221.

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