Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and UpZento ("Company," "we," "us," or "our") governing your access to and use of the UpZento platform, including all associated websites, applications, software, and services (collectively, the "Service").

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2. Description of Service

UpZento is a comprehensive Customer Relationship Management (CRM) platform designed for agencies and businesses. Our Service provides:

• Contact Management: Store, organize, and manage customer and lead information
• Appointment Scheduling: Online booking system with calendar integrations
• Email Marketing: Create and send email campaigns to your contacts
• Form Builder: Create custom forms for lead capture and data collection
• Sales Pipeline: Track deals and manage your sales process
• E-commerce: Product management and order processing capabilities
• Analytics & Reporting: Business intelligence and performance metrics
• Third-party Integrations: Connect with external services and platforms

3. Account Registration and Security

3.1 Account Creation: To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information to keep it accurate and current.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password for your account
• Not share your login credentials with any third party
• Notify us immediately of any unauthorized access or security breach
• Ensure that you log out of your account at the end of each session

3.3 Account Types: We offer different account types including Agency accounts, Client accounts, and Administrator accounts, each with different permissions and capabilities as described in our documentation.

4. Subscription Plans and Payments

4.1 Subscription Plans: Access to certain features of the Service requires a paid subscription. Details of available plans, pricing, and features are available on our website and may be updated from time to time.

4.2 Billing: By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis (monthly or annually, depending on your selected billing cycle). All fees are exclusive of applicable taxes unless otherwise stated.

4.3 Free Trial: We may offer a free trial period for new users. At the end of the trial, your account will be converted to a paid subscription unless you cancel before the trial ends.

4.4 Refunds: Subscription fees are generally non-refundable except as required by applicable law or as expressly stated in our refund policy. You may cancel your subscription at any time, and your access will continue until the end of the current billing period.

4.5 Price Changes: We reserve the right to modify our pricing. Any price changes will be communicated to you at least 30 days in advance and will apply to your next billing cycle.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Send unsolicited bulk emails (spam) or messages that violate anti-spam laws such as CAN-SPAM, GDPR, or CASL
• Upload, store, or transmit any malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service for any fraudulent, deceptive, or illegal purpose
• Harvest or collect user information without consent
• Impersonate any person or entity or misrepresent your affiliation
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use automated tools to scrape, mine, or extract data from the Service
• Resell or redistribute the Service without our express written consent

6. Your Data and Content

6.1 Ownership: You retain all rights to the data and content you upload, store, or process through the Service ("Your Data"). We do not claim ownership of Your Data.

6.2 License Grant: By using the Service, you grant us a limited, non-exclusive license to access, process, and display Your Data solely to provide and improve the Service.

6.3 Responsibility: You are solely responsible for the accuracy, quality, legality, and appropriateness of Your Data. You must have all necessary rights and consents to use and process any personal data you upload to the Service.

6.4 Data Export: You may export Your Data at any time through the tools provided in the Service. Upon termination of your account, you will have a reasonable period to export Your Data before it is deleted.

6.5 Backup: While we implement measures to protect Your Data, you are responsible for maintaining your own backups. We are not liable for any loss of data.

7. Intellectual Property Rights

7.1 Our Property: The Service, including all software, algorithms, user interfaces, graphics, logos, trademarks, and documentation, is owned by UpZento and protected by intellectual property laws. All rights not expressly granted are reserved.

7.2 Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

7.3 Feedback: If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide license to use such feedback without compensation or attribution.

8. Third-Party Integrations

The Service may integrate with or allow connections to third-party services (such as Google Calendar, Microsoft Outlook, payment processors, email providers, etc.). Your use of such integrations is subject to the terms and privacy policies of those third parties. We are not responsible for the availability, accuracy, or practices of third-party services.

9. Service Availability and Support

9.1 Availability: We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

9.2 Support: Support is provided according to your subscription plan. Response times and support channels vary by plan level.

9.3 Modifications: We reserve the right to modify, update, or discontinue any feature of the Service at any time. For material changes, we will provide reasonable notice.

10. Termination

10.1 By You: You may terminate your account at any time by contacting us or using the account cancellation feature in the Service.

10.2 By Us: We may suspend or terminate your access to the Service immediately, without prior notice, if you:

• Breach these Terms or any applicable laws
• Engage in fraudulent or abusive behavior
• Fail to pay applicable fees
• Pose a security risk to the Service or other users

10.3 Effect of Termination: Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will survive, including intellectual property rights, disclaimers, and limitations of liability.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results obtained from the Service will be accurate or reliable.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UPZENTO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, or business
• Loss of data or goodwill
• Service interruption or computer damage
• Cost of substitute services
• Any damages arising from your use of the Service

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless UpZento and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your Data or content you provide through the Service

14. Governing Law and Dispute Resolution

14.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where UpZento is registered, without regard to its conflict of law provisions.

14.2 Dispute Resolution: Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiations. If unresolved, disputes shall be submitted to binding arbitration or the courts of competent jurisdiction.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the modified Terms.

16. General Provisions

16.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and UpZento regarding the Service.

16.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

16.4 Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

• Email: support@upzento.com
• Website: https://upzento.com