Terms and Conditions for Upsink

1. Introduction and Acceptance of Terms

Welcome to Upsink B2B Marketing and Sales Software. By accessing or using our Software, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these terms, please do not use the Software.

2. Use of the Software

You may use the Software for your internal business purposes only. You are responsible for ensuring that your use of the Software complies with all applicable laws and regulations.

3. User Accounts and Security

To access certain features of the Software, you may need to create a user account. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account.

4. Information We Collect

We collect information that you provide directly to us, such as your name, email address ([email protected]), company name, and any other information you choose to share when using our Software. Additionally, we may collect information about your usage of our Software, including log data and analytics.

5. How We Use Your Information

We use the information we collect for various purposes, including:

Providing and maintaining our Software and services Sending you important notices, such as updates, security alerts, and supportImproving and customizing our Software based on your feedback and usage patterns Analyzing trends and user behavior to enhance our products and services

6. Information Sharing and Disclosure

We do not sell, trade, or rent your personal information to third parties. However, we may share your information with trusted third-party service providers who assist us in delivering our Software and services. We may also disclose your information in response to legal requests or to protect our rights, property, or safety.

7. Security

We prioritize the security of your information and employ industry-standard measures to protect against unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

8. Your Choices and Data Rights

You have the right to access, correct, update, or delete your personal information. You can do this by contacting us at [email protected]. We will respond to your request within a reasonable timeframe.

9. Intellectual Property

The Software, including all content, features, and functionality, is the exclusive property of Upsink. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, or transmit any content or material from the Software without our prior written consent.

10. Payment and Refund Policies

10.1 Refund Policy

All payments are final. No refunds are given for any reason unless you have in writing a refund guarantee based on your purchase and qualify based on the criteria given on this page. You are not entitled to a refund or chargeback for any reason. All payments made to upsink (SML, Inc.) or any of its' entities pursuant to this Agreement are final and are not refundable for any reason.

You agree that deposits are considered non-refundable, and that you will not request a refund or chargeback on the deposit that was put down. YOU agree to not request, advise, file a claim, or seek a bank or credit card company for a chargeback for consideration paid under this Agreement. You agree to waive any rights you may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under credit card issuer's procedures for resolving such disputes).

You agree that any disputes that you may have with respect to consideration paid here under must be addressed directly between you and SML. If a chargeback occurs, you shall have materially breached the Agreement and shall forfeit all remaining services that have not yet been performed under the Agreement. SML shall have no further obligation to you. Further, SML shall be entitled to recover from you all damages, and reasonable and necessary attorneys' fees, and costs associated with pursuing collection and/or recovery of the amount of the chargeback.

If you have an issue with your purchase or our services, please contact us directly and we will do our best to resolve the issue promptly. By agreeing to this policy, you acknowledge that you have read and understand our terms and conditions and agree to abide by them.

10.2 Website Development Cancellation Policy

10.2.1 Cancellation Terms

Non-Refundable Services: All website development services, including but not limited to landing page creation, domain registration, hosting setup, and development time invested, are strictly non-refundable upon cancellation.Ownership Retention: Upon cancellation, the client retains ownership of:The registered domain name The existing landing page as delivered at the point of cancellation Cancellation Process: All cancellation requests must be submitted in writing using our official Cancellation Request Form and will only be considered valid when acknowledged in writing by an authorized representative.

10.2.2 Financial Terms

Initial Payment: The initial payment for website development services represents compensation for services already rendered and resources already allocated, and is therefore non-refundable in all circumstances.Discount Policy: Our company maintains a strict no-discount policy for cancelled projects. The following applies to all cancellations:No partial refunds will be issuedNo retroactive discounts will be appliedNo reduction of the initial payment will be consideredNo credits toward future services will be offeredRemaining Obligations: Upon acceptance of cancellation, no further payments will be required from the client, and no further development work will be performed by our company.

11. Limitation of Liability

Upsink shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with the use of the Software. In no event shall our total liability exceed the amount paid by you, if any, for accessing or using the Software.

12. Termination

We reserve the right to terminate or suspend your access to the Software at any time, with or without cause and with or without notice.

13. Changes to Terms and Software

We reserve the right to modify, suspend, or discontinue the Software or any part thereof at any time without notice. We may also revise these Terms and Conditions at any time by posting the updated terms on our website. Your continued use of the Software after any such changes constitutes acceptance of the revised terms.

14. Legal Considerations

14.1 Binding Agreement

By using our Software or submitting a cancellation request, you acknowledge and accept all terms outlined in this policy as legally binding.

14.2 Modification

This policy may be updated or modified at our discretion. Any changes will be effective immediately upon posting the revised policy on our website.

14.3 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Government of Ontario, without regard to its conflict of law principles.

15. Contact Us

If you have any questions, concerns, or feedback regarding these Terms and Conditions or our Privacy Policy, please contact us at [email protected].

Thank you for choosing Upsink B2B Marketing and Sales Software.