Terms of Use

These Terms of Use govern access to YupUp’s public websites, free tools, content, demonstrations, and individual accounts. Paid merchant services are also governed by the Merchant Subscription Agreement and applicable Order Form. By accessing or using the services, you agree to these Terms. If you act for an organization, you represent that you have authority to bind it.

1. Eligibility and accounts

You must be at least 18 years old and capable of entering a binding agreement. Provide accurate information, safeguard credentials, use multi-factor authentication where offered, and promptly report unauthorized access. You are responsible for activity under your account except to the extent caused by YupUp’s breach.

2. License and permitted use

Subject to these Terms, YupUp grants a limited, revocable, nonexclusive, nontransferable right to use the services for lawful internal or business purposes. You may not resell or sublicense a service unless an agreement expressly permits it.

3. Prohibited conduct

You may not violate law or third-party rights; send spam or messages without consent; use purchased, rented, scraped or unlawfully shared contact lists; impersonate others; upload malware; probe or bypass security; interfere with the service; harvest data; reverse engineer except where law forbids restriction; create misleading reviews; use the service for discrimination, unlawful surveillance, harmful or deceptive content, or high-risk decisions without required safeguards; or help another person do so.

4. User content

You retain ownership of content you submit. You grant YupUp a worldwide, nonexclusive license to host, reproduce, transmit, modify for formatting, display, and otherwise process that content to provide, secure, support and improve the services, comply with law, and as otherwise instructed. You represent that you have all rights, notices, and consents required for the content and intended processing.

5. Feedback

You may provide feedback voluntarily. YupUp may use it without restriction or compensation, without identifying you publicly unless permitted.

6. Third-party services

The services may link to or integrate with third-party products. Third parties control their own services, availability, data use and terms. YupUp is not responsible for a third-party service, but will meet its contractual duties concerning integrations it operates.

7. Intellectual property

YupUp and its licensors own the services, software, designs, documentation, trademarks, and related intellectual property, excluding User Content. No rights are granted by implication. “YupUp” and associated branding may not be used without permission.

8. Changes and availability

We may improve or change features and may suspend access to protect security, comply with law, prevent abuse, or address technical issues. Material changes affecting paid services are governed by the Merchant Subscription Agreement.

9. Termination

You may stop using free services at any time. We may suspend or terminate access for material breach, legal risk, security threat, abuse, or discontinuation, using notice where reasonably practicable. Terms that by nature should survive will survive.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YUPUP DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YUPUP DOES NOT GUARANTEE PARTICULAR REVENUE, RANKING, LEAD, DELIVERY, MARKETING, AI, OR BUSINESS RESULTS.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YUPUP WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR GOODWILL. FOR FREE SERVICES, YUPUP’S AGGREGATE LIABILITY ARISING FROM THESE TERMS WILL NOT EXCEED $100. THESE LIMITS DO NOT APPLY WHERE PROHIBITED OR TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

12. Indemnity

To the extent permitted by law, you will defend and indemnify YupUp and its affiliates, officers, employees, and agents from third-party claims arising from your unlawful use, User Content, violation of these Terms, or infringement of third-party rights. This does not apply to the extent caused by YupUp.

13. Governing law and disputes

These Terms are governed by Delaware law, without regard to conflict-of-law principles, except mandatory consumer law. State and federal courts located in Delaware will have exclusive jurisdiction, unless applicable law permits you to bring a claim elsewhere. Before filing, the parties should attempt in good faith to resolve the matter through written notice. This clause does not prevent either party from seeking urgent equitable relief.

14. General

These Terms, linked policies, and any applicable paid agreement are the entire agreement on their subject. If a provision is unenforceable, it will be limited and the remainder remains effective. Failure to enforce is not a waiver. You may not assign these Terms without consent; YupUp may assign them in a merger, reorganization, sale, or to an affiliate. Notices may be electronic.

Contact

Privacy: privacy@yupup.ai | Legal: legal@yupup.ai | Support: support@yupup.ai | Security: security@yupup.ai. Mailing address: YupUp, Inc., 41111 Mission Blvd, Suite #121, Fremont, CA 94539.