The terms under which Upflo AI provides lead-conversion automation services to local service businesses. By using upfloai.com or our services, you agree to these terms.
These Terms of Service ("Terms") govern your access to and use of upfloai.com and the services provided by Upflo AI ("Upflo AI," "we," "us," "our"), including any related platforms, dashboards, funnels, and tools (collectively, the "Services"). By visiting our site, requesting a demo, signing a service agreement, creating an account, or otherwise engaging with our Services, you ("Client," "you") agree to be bound by these Terms and by our Privacy Policy.
If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you are at least eighteen (18) years old, have legal capacity to enter into a binding contract, and are authorized to bind that entity to these Terms.
If you do not agree, do not access or use the Services.
Upflo AI provides lead-conversion automation services for local service businesses, including but not limited to:
The specific scope of Services for any given Client is set out in the service agreement, statement of work, or order form executed between Upflo AI and that Client. In the event of any conflict between these Terms and a signed service agreement, the signed service agreement controls for that Client relationship.
To use the Services, you must:
Upflo AI reserves the right to refuse Service, terminate an account, or cancel an order at its sole discretion.
Fees are set out in the applicable service agreement or order form at the time of purchase. Fees may include one-time setup fees, recurring monthly subscription fees, and pay-per-lead or pay-per-result fees where contracted. All fees are in U.S. dollars unless otherwise stated and are exclusive of any applicable taxes, which remain your responsibility.
Subscription fees are billed in advance on a monthly basis. Setup fees are billed at purchase. Pay-per-lead and pay-per-result fees are billed in arrears based on the events recorded in the prior billing period. You authorize Upflo AI and our payment processor (Stripe) to charge your payment method on file for amounts due.
Subscriptions automatically renew at the end of each billing period for the same term and at the then-current rate unless you cancel before the renewal date. If we change prices, we will give you advance notice as described under "Price changes" below, and you may cancel before the new price takes effect.
You may cancel your subscription at any time by emailing hello@upfloai.com with at least thirty (30) days' written notice. Cancellation takes effect at the end of the current billing period; you retain access through the end of the period you have paid for and will not be charged for subsequent periods.
Setup fees and Services already rendered are non-refundable. We do not provide refunds for partial months, unused Services, or Services already delivered. Refunds outside this policy are at our sole discretion and only in cases of clear billing error. If you believe you were charged in error, contact hello@upfloai.com within thirty (30) days and we will investigate in good faith.
If a charge is declined or fails, we may retry the charge, suspend Services until payment is received, or terminate your account after a reasonable cure period. We will attempt to collect payment for up to fourteen (14) days before suspending Services. You are responsible for any fees, penalties, or charges resulting from a failed payment. Reinstatement after suspension may require payment of past-due balances plus a reasonable reactivation fee.
Upflo AI may change subscription pricing with at least thirty (30) days' prior written notice before the next billing cycle. Notice may be delivered by email to the address on file. If you do not agree to the new pricing, you may cancel before the next billing date and the new price will not apply to you.
You will provide accurate, complete, and up-to-date business information, including legal business name, address, phone number, email address, service offerings, service area, and other information we reasonably request. Inaccurate or incomplete information may delay or prevent Service delivery.
The effectiveness of our Services depends significantly on how quickly you respond to the leads we generate. You agree to use reasonable efforts to respond to new leads in a timely manner — ideally within minutes — and to follow up consistently to convert leads into customers. Upflo AI is not responsible for leads lost due to delayed or absent follow-up on your part.
When contacting leads or customers by phone, email, text message, or any other channel, you are solely responsible for complying with all applicable communications and privacy laws, including:
You are responsible for obtaining all required consents, honoring opt-out requests promptly, maintaining consent records, and registering for A2P 10DLC or any similar messaging compliance program required for your campaigns. Upflo AI is not liable for any fines, penalties, or legal claims arising from your failure to comply with these laws.
You are responsible for the accuracy of all content, claims, offers, pricing, service descriptions, testimonials, and other information appearing in your funnels, websites, advertisements, and marketing materials. You represent and warrant that this content is truthful, not misleading, compliant with applicable advertising laws, and does not infringe any third-party right.
You represent that you hold all business licenses, certifications, insurance, and credentials required to lawfully operate your business and perform the services you offer. Upflo AI does not verify Client credentials and is not responsible for any harm arising from your operating without proper licensing or insurance.
You are solely responsible for fulfilling the services or products you offer to your customers. Upflo AI is a marketing-technology company, not a reseller or fulfilment partner. Any agreement between you and your customers is solely between those parties, and Upflo AI has no liability for the quality, timeliness, pricing, safety, or outcome of services you deliver.
You are responsible for the conduct of all employees, contractors, and agents using the Services on your behalf.
You agree not to use the Services to:
We reserve the right to investigate any suspected violation and to take appropriate action, including removing content, suspending or terminating accounts, and reporting violations to law enforcement.
Upflo AI provides marketing technology and services designed to help you attract new customers. We do not guarantee any specific number of customer inquiries, quality of inquiries, conversion rate, return on investment, or business outcome. Effectiveness depends on many factors including your market, pricing, reputation, sales process, service quality, response time, and external factors beyond our control.
Statements about typical results, past performance, case studies, or potential outcomes are illustrative only and do not constitute guarantees.
We will use commercially reasonable efforts to provide the Services professionally and consistently with industry standards. The Services are otherwise provided on an "as is" and "as available" basis except as expressly stated in these Terms or any signed service agreement.
Customer inquiries are delivered through your GoHighLevel sub-account, email notifications, text-message notifications, and any configured integrations. You are responsible for monitoring these channels and responding promptly.
If you believe a lead delivered to you is invalid — for example, a test submission, duplicate, spam bot, or contact outside your service area — you may flag it for review by emailing hello@upfloai.com within five (5) business days of receipt. We will investigate in good faith and may, at our sole discretion, issue a credit or adjustment for verified invalid leads. Disputed leads not reported within five (5) business days are deemed valid and will not be credited.
By providing your phone number to Upflo AI or replying to our messages, you agree to receive automated SMS text messages from us in accordance with our Privacy Policy.
Message frequency varies. Message and data rates may apply.
You can stop receiving messages at any time by replying STOP. You can get help by replying HELP. We will respect opt-out requests immediately.
We make no warranty regarding SMS delivery — your wireless carrier is not liable for delayed or undelivered messages.
You agree that you are the authorized user of the phone number you provide and that you have the right to receive messages at that number.
Upflo AI property. The Upflo AI name, logo, site, software, source code, templates, designs, interfaces, databases, documentation, workflows, configurations, playbooks, and any improvements or derivative works are and remain the exclusive property of Upflo AI and its licensors. You receive a limited, non-exclusive, non-transferable, revocable license to access and use these solely to receive the Services for the duration of your subscription. This license does not include any right to resell, sublicense, modify, or create derivative works.
Your content. Your business name, brand assets, business data, contact lists, lead data, and the content you supply ("Client Content") remain yours. You grant Upflo AI a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute Client Content solely to deliver the Services you have contracted us to provide and to operate, secure, and improve the Services in aggregate. You represent and warrant that you own or have the necessary rights to Client Content and that providing it to us does not violate any third-party right or applicable law.
Feedback. If you submit suggestions, ideas, or feedback about the Services, you grant Upflo AI a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and commercialize that feedback without attribution or compensation.
The Services integrate with and rely on third-party platforms, including but not limited to GoHighLevel, Telnyx, Stripe, Cloudflare, Hetzner, Supabase, Meta, and Google. The full current list of subprocessors and the role each plays is described in our Privacy Policy.
Your use of any third-party service through our Services is also subject to that third party's own terms of service and privacy policy. We do not control these third-party services and are not responsible for outages, errors, policy changes, pricing changes, API restrictions, or discontinuation by them. We will use reasonable efforts to mitigate the impact of third-party disruptions but cannot guarantee uninterrupted Service. We are not liable for damages arising from third-party service failures.
Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains what personal information we collect, how we use it, and who we share it with.
Where Upflo AI processes personal information on your behalf in connection with the Services (for example, lead data collected through funnels we operate for you), Upflo AI acts as a data processor and you act as a data controller under applicable data protection laws. A separate Data Processing Addendum is available upon request for Clients who require it to comply with GDPR or similar laws.
Limited warranty. Upflo AI warrants that the Services will be provided professionally and consistently with industry standards. This is the only express warranty we make.
Disclaimer of other warranties. Except as expressly provided above, the Services are provided "as is" and "as available," without warranty of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or warranties arising from course of dealing, performance, or trade usage.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that messages, calls, or campaigns will result in any particular volume, conversion rate, revenue, or business outcome. Lead-conversion performance depends on many factors outside our control, including your responsiveness, pricing, service quality, and market conditions.
Some jurisdictions do not allow the exclusion of implied warranties; in those jurisdictions, our warranties are limited to the minimum extent permitted by law.
To the maximum extent permitted by applicable law, in no event will Upflo AI, its owners, officers, directors, employees, contractors, affiliates, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost goodwill, lost data, or business interruption, arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages.
Our total cumulative liability arising out of or related to these Terms or the Services will not exceed the greater of (a) the total fees paid by you to Upflo AI in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
These limitations apply regardless of the legal theory on which the claim is based, including contract, tort, statute, or otherwise. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the limitations above apply to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless Upflo AI and its owners, officers, directors, employees, contractors, affiliates, agents, and licensors from any claim, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to:
We reserve the right to assume the exclusive defense and control of any indemnifiable matter, in which case you agree to cooperate with our defense.
You may terminate the Services at any time by following the cancellation procedure in Section 04. Termination takes effect at the end of the current billing period.
Upflo AI may suspend or terminate the Services, with or without notice, for:
We will use reasonable efforts to notify you of termination and the reason for it, except where notice is not legally permitted or practical.
Upon termination, your access to the Services ends, any unpaid fees become immediately due and payable, and you may request a copy of your data (such as lead records) within thirty (30) days of termination. After thirty (30) days, we may delete your data in accordance with our retention policy.
Provisions that by their nature should survive termination — including Intellectual Property, Warranties & Disclaimers, Limitation of Liability, Indemnification, Privacy & Data Processing, Dispute Resolution, and General Provisions — will survive.
These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before filing a formal claim, you agree to first contact Upflo AI at hello@upfloai.com and attempt informal resolution. Most disputes can be resolved quickly and amicably through direct communication. We agree to respond within thirty (30) days and to work in good faith toward resolution.
If a dispute cannot be resolved informally within sixty (60) days, you and Upflo AI agree that any dispute, claim, or controversy arising out of or related to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will be held in the Georgia county in which Upflo AI maintains its principal place of business, or remotely by agreement. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
You and Upflo AI agree that any dispute will be resolved on an individual basis only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding.
Notwithstanding the foregoing, either party may bring an individual action in small-claims court for qualifying disputes, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or confidential information.
You may opt out of the arbitration and class-waiver provisions of this Section by sending written notice to hello@upfloai.com within thirty (30) days of first accepting these Terms. Your notice must include your full name, mailing address, and a statement that you wish to opt out. If you opt out, disputes will be resolved in the state or federal courts located in Georgia, and both parties consent to the personal jurisdiction of those courts.
These Terms, together with our Privacy Policy and any signed service agreement, constitute the entire agreement between you and Upflo AI regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment without consent is null and void. Upflo AI may assign these Terms at any time without notice or consent.
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be severed and the remaining provisions will remain in full force and effect.
No waiver of any provision will be deemed a further or continuing waiver of that provision or any other provision. Our failure to assert any right or provision will not constitute a waiver of that right or provision.
Upflo AI will not be liable for any delay or failure resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, earthquakes, pandemics, accidents, strikes, labor disputes, transportation or facility shortages, fuel or energy shortages, labor or material shortages, and third-party service outages.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Upflo AI.
Upflo AI may provide notices by email, by posting on our site, or by any other reasonable means. You must provide notices to hello@upfloai.com.
Any provisions that by their nature should survive termination or expiration of these Terms will survive, including Intellectual Property, Warranties & Disclaimers, Limitation of Liability, Indemnification, Privacy & Data Processing, Dispute Resolution, and the provisions of this Section.
We may update these Terms from time to time. When we do, the "Last updated" date at the top of this page will reflect the change. For active Clients, we will give at least thirty (30) days' notice of material changes by email or in-product notice. Your continued use of the Services after the effective date of the updated Terms constitutes acceptance. If you disagree with the updated Terms, you must stop using the Services.
Questions about these Terms can be sent to the address below.