These Terms of Service ("Terms") govern your access to and use of Upsteered, including our website, applications, dashboards, tools, AI-assisted features, content-generation features, lead-tracking features, and any related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.
If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" means that entity and its users. If you do not agree to these Terms, do not use the Service.
1. Eligibility
You must be at least 18 years old, or the age of legal majority where you live, to use the Service. By using the Service, you represent that you can enter into a binding contract and that your use of the Service complies with all laws that apply to you.
2. Accounts & Security
You are responsible for your account, including keeping your login details confidential, restricting access to your devices, and all activity that occurs under your account. Notify us promptly if you suspect unauthorized access, account compromise, or any security incident affecting your account.
You agree to provide accurate, current, and complete information and to keep it updated. We may refuse registration, suspend access, or require additional verification at any time.
3. The Service
Upsteered is a SaaS platform that helps users identify prospects, organize lead and conversation workflows, generate or refine outreach messages, create SEO and community content, and track growth activities. We may change, update, improve, suspend, or discontinue any part of the Service at any time.
From time to time, we may offer early-access, beta, preview, or experimental features. These features may be incomplete, inaccurate, unstable, or discontinued at any time. Beta features are provided for evaluation only and are used at your own risk.
4. Human-Led Use Only; No Automation on Your Behalf
The Service is designed to support human-led outreach and marketing workflows. Unless we expressly state otherwise in writing, the Service does not send messages, submit forms, post content, contact prospects, or take actions on third-party platforms on your behalf.
You remain solely responsible for all outreach, content publishing, relationship-building, and follow-up decisions. You must review and approve any message, post, or content before you use it.
5. Permitted Use
You may use the Service only for lawful purposes and in accordance with these Terms, our documentation, and any policies we make available. You agree to use the Service responsibly, respect third-party rights, and comply with all applicable laws and platform rules.
6. Prohibited Conduct
You may not, and may not allow any third party to:
- use the Service for unlawful, fraudulent, deceptive, or harmful activity;
- violate any law, regulation, court order, or binding obligation;
- infringe, misappropriate, or violate intellectual property or privacy rights;
- upload malware, phishing links, spyware, backdoors, or other harmful code;
- attempt unauthorized access to any system, account, data, or network;
- probe, scan, or test the vulnerability of the Service without authorization;
- reverse engineer, decompile, or attempt to extract source code, except where prohibited by law from restricting such activity;
- copy, scrape, harvest, index, or bulk export data except as expressly permitted;
- interfere with, disrupt, overload, or abuse the Service or related systems;
- circumvent security, access controls, rate limits, billing, or usage limits;
- use the Service to spam or to violate anti-spam, privacy, or marketing laws;
- misrepresent yourself, your affiliation, or the source of any content;
- use the Service to facilitate harassment, stalking, hate, exploitation, or abuse;
- interfere with third-party platforms or violate their terms of service;
- resell, sublicense, or provide the Service to others except as expressly permitted;
- use the Service in a manner that we reasonably believe creates risk to us, our users, or third parties.
7. Outreach, Messaging & Compliance
You are solely responsible for all outreach, marketing, follow-up, and other communications you create, send, schedule, publish, or otherwise use in connection with the Service. This includes complying with all applicable laws governing commercial email, text messaging, telemarketing, consumer protection, privacy, data protection, consent, and electronic communications, such as the CAN-SPAM Act, GDPR, and other regional or international regulations.
You are also responsible for complying with the terms, policies, technical limits, and acceptable-use rules of any third-party platform, website, or messaging channel you use with the Service.
While the Service may help you organize or generate outreach ideas, it does not determine whether a communication is lawful, appropriate, or permitted for your specific use case. You must independently verify that you have the right legal basis, consent, or other permission required before sending any message or using any personal data.
8. AI Features & Outputs
The Service may generate AI Output. AI Output is provided for productivity and informational purposes only. AI Output may be incomplete, inaccurate, outdated, misleading, biased, or inappropriate. You are solely responsible for reviewing, editing, validating, and approving any AI Output before use.
You must not rely on AI Output as legal, medical, financial, tax, compliance, employment, or other professional advice. We do not guarantee that AI Output will be unique, correct, non-infringing, or fit for a particular purpose.
To the fullest extent permitted by law, you assume all risk associated with any decisions, actions, or omissions made in reliance on AI Output.
9. Customer Data; Content; Permissions
As between you and us, you retain ownership of your Content and Customer Data, subject to the rights you grant under these Terms. You represent and warrant that you have all rights, permissions, consents, notices, and lawful bases necessary to submit and use Customer Data in connection with the Service.
You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, process, reproduce, transmit, display, modify, create derivative works from, and otherwise use Customer Data solely as reasonably necessary to operate, maintain, secure, support, improve, and provide the Service, to comply with law, and to enforce these Terms.
You are responsible for backing up your Content and maintaining your own records. We are not liable for loss, deletion, corruption, or failed delivery of Content except to the extent caused by our gross negligence or willful misconduct where liability cannot be excluded by law.
10. Third-Party Services & Integrations
The Service may integrate with or link to third-party products, websites, APIs, databases, or services. Third-party services are not controlled by us and are subject to their own terms, privacy policies, and fees. We are not responsible for their availability, accuracy, security, legality, or performance.
If you enable an integration, you authorize us to access, process, transmit, or store data as necessary for the integration to function, subject to our Privacy Policy and the settings you choose.
11. Fees, Billing, Subscriptions & Taxes
Some features of the Service may require payment, including subscriptions, usage-based charges, add-ons, one-time purchases, or other paid offerings. By purchasing any paid feature, you authorize us and any payment processor we use to charge your chosen payment method for all applicable fees, taxes, and other charges shown at checkout or otherwise disclosed to you.
Payments may be processed by one or more third-party payment processors. A processor may handle some or all aspects of billing, payment collection, tax calculation, fraud screening, invoicing, remittance, refunds, or chargebacks, and the exact handling may vary by region, payment method, product, or transaction. Any processor may also impose its own terms, compliance checks, or operational requirements.
Unless stated otherwise at purchase, subscriptions renew automatically at the end of each billing cycle until canceled. You authorize recurring charges on the payment method you provide. If a payment fails, we may retry the charge, suspend access, downgrade your account, or take other reasonable steps to collect payment.
To the fullest extent permitted by law, you are responsible for all applicable taxes, duties, levies, and similar governmental charges arising from your purchases and use of the Service, other than taxes based on our net income. Taxes may be displayed separately, included in the price, or added at checkout depending on your jurisdiction and payment flow.
We may update pricing, subscription plans, billing intervals, or payment terms from time to time. Where required by law, we will provide notice before a change applies to an existing subscription. If you continue using the Service after the change takes effect, you accept the updated terms.
You agree not to initiate a chargeback except for a legitimate unauthorized or erroneous charge. If you believe a charge is incorrect, you agree to contact us first so we can try to resolve the issue. If a chargeback is initiated, we may suspend or terminate access while the matter is investigated.
12. Cancellations, Refunds & Statutory Rights
You may cancel a subscription at any time through your account dashboard or by contacting support. Unless required by law or expressly stated otherwise, cancellation takes effect at the end of the current billing period and does not entitle you to a refund for amounts already paid.
Except where prohibited by applicable law, fees are non-refundable and there are no credits for partial billing periods, unused features, or unused time. If we choose to offer a refund, credit, or accommodation in one situation, that does not create a right to the same outcome in another situation.
If a refund is required by law or processed by a payment processor for a specific transaction, the refund will be handled according to applicable law and the processor's operational rules. Timing may depend on your bank, card issuer, or payment method.
Where applicable law grants consumers a mandatory right to withdraw from a distance contract, that right is preserved to the extent it cannot legally be waived. For digital services that begin immediately after purchase, you may be asked to consent to immediate performance and acknowledge any resulting loss of withdrawal rights to the extent permitted by law.
If you believe you are entitled to a refund, contact us at hello@moc.dereetspu with your account details, transaction date, and a short explanation of the issue.
13. Trials, Promotions & Credits
We may offer free trials, promotional access, coupon codes, credits, or limited-time offers. Unless stated otherwise, trials convert to paid subscriptions at the end of the trial period and continue on a recurring basis unless canceled before the trial ends.
Promotional terms may include additional restrictions, limits, expiration dates, or eligibility criteria. Credits and promotional balances have no cash value, are non-transferable, and may expire if not used within the stated period.
14. Intellectual Property Rights
The Service, including its software, interfaces, designs, logos, trademarks, documentation, and other materials provided by us, is owned by us or our licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights in and to the Service.
Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes or personal use, as applicable to your plan.
You may not copy, reproduce, distribute, sell, modify, create derivative works from, publicly display, publicly perform, or exploit any part of the Service except as expressly permitted in writing by us or as allowed by mandatory law.
15. Feedback
If you send us suggestions, feature requests, ideas, or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use, copy, modify, distribute, sublicense, and otherwise exploit that feedback for any purpose without restriction or compensation to you.
16. Privacy & Data Protection
Our collection and use of personal data is described in our Privacy Policy. If we process personal data on your behalf in connection with the Service, we do so in accordance with applicable data protection laws and any separate data processing terms that may apply.
You are responsible for making the notices, disclosures, consents, and other arrangements required for your own use of the Service, including with respect to any personal data you upload, import, or otherwise provide.
17. Communications
We may send you transactional, service, security, billing, and administrative messages. Where permitted by law, we may also send you marketing messages. You may opt out of marketing emails by following the unsubscribe instructions in the message or by contacting support. Opting out of marketing messages will not stop non-marketing communications about your account or the Service.
You agree to comply with all applicable anti-spam, electronic messaging, telemarketing, and consent laws. You are solely responsible for the content and legality of any communication you send using data, workflows, templates, or outputs obtained through the Service.
18. Confidentiality
If either party receives non-public information from the other party that is identified as confidential or that reasonably should be understood as confidential given the nature of the information and the circumstances of disclosure, the receiving party will use that information only to perform under these Terms and will protect it using reasonable care.
Confidential information does not include information that is publicly known, independently developed, lawfully received from a third party without breach of obligation, or required to be disclosed by law, subpoena, or court order.
19. Monitoring & Abuse Prevention
We may monitor usage to the extent reasonably necessary to maintain security, investigate abuse, detect fraud, comply with law, enforce these Terms, protect our rights, and support the Service. We are not obligated to monitor all activity or to detect every violation.
20. Suspension & Termination
We may suspend, restrict, or terminate access to the Service or any account, with or without notice, if we reasonably believe you violated these Terms, pose a security risk, expose us or others to liability, abuse the Service, fail to pay fees, or if required by law or by a third-party provider.
Upon suspension or termination, your right to access the Service will cease immediately. Sections that by their nature should survive termination will survive, including payment obligations, intellectual property, disclaimers, limitations of liability, indemnity, dispute resolution, and miscellaneous provisions.
21. Disclaimers
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties and conditions of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation.
We do not warrant that the Service will meet your requirements, that AI Output will be accurate or error-free, or that defects will be corrected. No advice or information obtained from us creates any warranty not expressly stated in these Terms.
22. Indemnification
You agree to defend, indemnify, and hold harmless Upsteered and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your use of the Service; (b) your Content or Customer Data; (c) your violation of these Terms; (d) your violation of law; or (e) your infringement or misappropriation of any third-party rights.
23. Limitation of Liability
To the fullest extent permitted by law, in no event will Upsteered or its affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, arising out of or related to the Service or these Terms, even if advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or relating to the Service or these Terms will not exceed the greater of: (a) the amount you paid to us for the Service during the three-month period immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100), unless a different limit is required by applicable law.
Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above may not apply to you.
24. Governing Law; Disputes; Class Action Waiver
These Terms and any dispute arising out of or relating to them will be governed by the laws of the jurisdiction in which our principal business entity is organized, without regard to conflict-of-law principles, except where mandatory consumer protection laws require otherwise. If you are a consumer in a jurisdiction with mandatory rights that cannot be waived, those rights are preserved.
To the fullest extent permitted by law, any dispute, claim, or controversy arising from or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, and not as a class, collective, or representative action. The arbitration provider, venue, rules, fees, and other details may be specified in a separate arbitration addendum or at checkout where required by law.
You and we waive any right to participate in a class, collective, or representative proceeding to the fullest extent permitted by law. If arbitration or class-waiver language is unenforceable in your jurisdiction, the dispute will be resolved exclusively in the courts of competent jurisdiction specified by us or in a separate order form, subject to mandatory consumer rights.
25. Export Controls & Sanctions
You may not use, export, re-export, transfer, or permit access to the Service in violation of applicable export control, sanctions, or trade compliance laws. You represent that you are not located in, organized in, or ordinarily resident in any jurisdiction subject to comprehensive sanctions that would prohibit access to the Service, and that you are not a restricted person under applicable law.
26. Force Majeure
We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, internet or hosting failures, utility interruptions, and governmental actions.
27. Assignment
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.
28. Severability; Waiver; Entire Agreement
If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the rest of the Terms will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later.
These Terms, together with any applicable order form, product-specific terms, privacy policy, data processing terms, or supplemental policies, constitute the entire agreement between you and us regarding the Service and supersede prior or contemporaneous understandings on the same subject.
29. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice as required by law or through the Service. The updated Terms will become effective on the date stated in the notice or when posted, whichever is later, unless a different effective date is required by law. Your continued use of the Service after the effective date means you accept the revised Terms.
30. Contact
Questions about these Terms, billing, cancellations, refunds, or the Service? Contact us at hello@moc.dereetspu.