Welcome to UpStrivePro ("Company", “we”, “us”, or “our”). Please read these Terms and Conditions (“Terms”) carefully before using our platform. These Terms of Service (“Agreement”) govern your access to and use of the UpStrivePro platform, services, and related features (“Services”) provided by UpStrivePro. By subscribing to or using our Services, you (“Customer,” “you,” or “your”) agree to be bound by this Agreement.

UpStrivePro reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

1. Nature of Services

UpStrivePro provides a cloud-based software-as-a-service (SaaS) platform that delivers AI-powered communication, automation, and business productivity tools. The Services are provided as an ongoing hosted service and are not sold as downloadable software or licensed for independent installation.

Customer is purchasing access to and use of the Services during the active subscription period. UpStrivePro retains all ownership, rights, and control of the platform, infrastructure, and underlying technology.

This Agreement is a service agreement for access to hosted software functionality and related services, and does not grant Customer any ownership or license to the underlying software beyond the limited right to use the Services as provided herein.

2. Subscription and Access

Access to the Services is provided on a subscription basis. During an active subscription, Customer is granted a limited, non-exclusive, non-transferable right to access and use the Services for business purposes.

Access is contingent upon:

- Payment of applicable subscription fees

- Compliance with this Agreement

- Maintenance of valid account information

UpStrivePro reserves the right to suspend or terminate access for non-payment or violation of these Terms.

3. Service Delivery Model

The Services are hosted, operated, and maintained by UpStrivePro. Customer acknowledges and agrees that:

- The Services are delivered remotely via cloud infrastructure

- No software is transferred, sold, or installed on Customer systems

- UpStrivePro manages and maintains all platform functionality

- Platform features, updates, and improvements may be modified to enhance performance and reliability

Customer is purchasing access to ongoing services, not software ownership or license rights.

4. Acceptance of Terms

By registering for, accessing, or using UpStrivePro, you acknowledge that you have read, understood, and agree to comply with these Terms and all applicable laws and regulations.

5. User Obligations

Account Security: You are responsible for maintaining the confidentiality of your account credentials.

Lawful Use: You agree not to use the Service for any unlawful or prohibited activity.

Accuracy of Information: All information provided must be accurate and kept up-to-date.

Consent: Obtaining consent where required for customer communications.

Customer is solely responsible for the content and communications transmitted using the Services.

6. Data Usage & Privacy

Data Collection: We collect and use your data as described in our Privacy Policy.

User Content: You retain ownership of your data but grant us a license to use it as necessary to provide the Service.

Third-Party Integrations: Use of third-party services is at your discretion and subject to their policies.

7. SMS Messaging Terms

By providing your phone number and opting in to receive text messages from UpStrivePro, you agree to receive SMS communications related to your interaction with our services. These messages may include responses to inquiries, appointment confirmations and reminders, customer support messages, service updates, and occasional promotional communications related to our products or services.

Message frequency may vary depending on your interaction with our business. Standard message and data rates may apply according to your mobile carrier’s pricing plan.

You may opt out of receiving SMS messages at any time by replying STOP to any message you receive from us. After opting out, you will no longer receive SMS messages unless you provide consent again. For assistance, you may reply HELP or contact us through our website.

Wireless carriers are not liable for delayed or undelivered messages.

By opting in to receive SMS communications from UpStrivePro, you confirm that you are 18 years of age or older and authorized to provide consent for receiving text messages at the phone number provided.

8. Payment Terms

Subscription Fees: Access to certain features requires payment of applicable fees as described on our website.

Customer agrees to pay all applicable subscription and service fees associated with their selected plan.

Billing: Fees are billed on a recurring basis as specified at the time of purchase.

Fees may include:

- Subscription fees

- Usage-based fees (if applicable)

- Setup or onboarding fees (if applicable)

All fees are non-refundable unless otherwise stated.

Customer authorizes UpStrivePro to charge the payment method on file for all applicable fees.

Late Payments: Failure to pay may result in suspension or termination of access.

9. Ownership and Intellectual Property

Service Ownership: All rights in the Service and content (excluding your data) are owned by UpStrivePro. We retain all ownership, rights, title, and interest in and to the Services, platform, software, and related technology.

This Agreement does not grant Customer any ownership rights, license rights beyond service access, or intellectual property rights in the platform.

Customer is granted only the limited right to access and use the Services during an active subscription period.

Restrictions: You may not copy, modify, or distribute any part of the Service without prior written consent.

10. Limitation of Liability

To the maximum extent permitted by law, UpStrivePro and its affiliates are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues arising from your use of the Service.

11. Termination

By User: You may terminate your account at any time.

By Us: We may suspend or terminate your access for violation of these Terms or at our discretion with notice.

UpStrivePro may suspend or terminate Services for violation of this Agreement or non-payment.

Effect of Termination: Upon termination, your right to use the Service immediately ceases, and data may be deleted in accordance with our data retention policies.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the state of Washington, USA, without regard to its conflict of law provisions.

13. Changes to Terms

We reserve the right to update or modify these Terms at any time. Changes will be posted on this page and your continued use of the Service constitutes acceptance of the updated Terms.

14. Contact Information

For questions regarding these Terms, please contact us at [email protected].

By using UpStrivePro, you acknowledge that you have read, understood, and agree to these Terms and Conditions.