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.
