Welcome to Upscale Media! These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Upscale Media ("Company," "we," "us," or "our"). By accessing or using our web design and marketing services ("Services"), you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must refrain from using our Services.
Your use of our Services signifies your acceptance of these Terms and any modifications thereto. We reserve the right to update or amend these Terms at our discretion without prior notice. Continued use of the Services following any changes constitutes your acceptance of the revised Terms. Please review these Terms periodically for updates.
We reserve the right to modify or update these Terms at any time, and such changes will be effective immediately upon posting. It is your responsibility to review these Terms regularly. Your continued use of the Services after any changes have been made signifies your acceptance of the updated Terms.
Users agree to use the Services in compliance with all applicable laws and regulations. You are solely responsible for any content you post and any activities you engage in while using our Services. You agree not to engage in any activity that could harm, disrupt, or otherwise negatively impact the Services or other users.
To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, complete, and current information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account or any other security breaches.
All content, trademarks, service marks, logos, and other intellectual property displayed on the Services are the property of Upscale Media or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Services solely for personal, non-commercial use. You may not copy, reproduce, distribute, or create derivative works from any content on the Services without our express written permission.
By posting or submitting content on or through the Services, you grant Upscale Media a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such content. You represent and warrant that you have the right to grant this license and that your content does not infringe the rights of any third party.
Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and protect your personal information. By using our Services, you agree to the terms of our Privacy Policy. Please refer to our privacy policy page for further inquiries regarding our practices.
The Services may contain links to third-party websites and utilize third-party platforms including but are not limited to providers such as Google, Bing, Facebook for advertising, Botpress for AI chatbots, and Webflow for hosting and website launch. We are not responsible for the content, policies, or practices of these third-party websites or platforms. Accessing third-party links and using third-party services is at your own risk. We also offer financing through third-party providers and are not liable for any errors or issues arising from these third-party services.
We collect and use data across client websites to enhance our chatbot models and provide insights through our user portal. By using our Services, you consent to our collection, use, and sharing of data as described in our Privacy Policy.
Our services are billed on a recurring monthly basis. You are responsible for canceling each service individually to stop charges. Failure to do so will result in continued billing. Upon account closure, you have 90 days to reopen your account and cancel active services. Monthly usage of services is calculated and billed at the beginning of the following month. You will receive a bill for usage accrued during the post-closure period up to the day of service cancellations. If you fail to reopen your account after the 90-day post-closure period, all billing inquiries and cancellations will be finalized through our customer support phone number or chatbot support systems.
We offer partial refunds for services not yet provided. As our developers begin work on services immediately upon order, you will be billed for services performed up to the time of cancellation.
The Services are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We do not warrant that the Services will be uninterrupted, error-free, or completely secure.
To the maximum extent permitted by law, Upscale Media 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 (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Services during the twelve (12) months immediately preceding the date of the claim.
You agree to indemnify, defend, and hold harmless Upscale Media and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of these Terms; (iii) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity; or (iv) your violation of any applicable law, rule, or regulation.
We reserve the right to terminate or suspend your access to the Services at any time, with or without cause or notice, for any reason, including but not limited to your violation of these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Upscale Media shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, labor strikes, Internet outages, or governmental actions.
If any provision of these Terms is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms constitute the entire agreement between you and Upscale Media regarding the use of the Services and supersede all prior and contemporaneous written or oral agreements between you and Upscale Media.
These Terms and any disputes related to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
Any disputes arising out of or relating to these Terms or the Services will be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. You agree to waive your right to a jury trial or to participate in a class action. The arbitration will be conducted in Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
If you have any questions about these Terms, please contact us at:
Upscale Media
Upsaclemediamanagement@gmail.com
954-870-9051 / 954-261-7992
