Terms of Use

1. Acceptance of Terms

Welcome to The Upgrade Shop. These Terms of Use ("Terms") govern your access to and use of the upgradeshop.ai platform (the "Platform"), including all websites, applications, content, products, and services ("Services") offered by The Upgrade Shop ("we," "our," or "us").

By accessing or using our Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

2. Description of Service

The Upgrade Shop provides an AI-powered website building and management platform that enables businesses to:

• Create and host professional websites and landing pages
• Manage website content through an intuitive dashboard
• Access AI-powered content generation and optimization tools
• Integrate with third-party services (Google Analytics, Search Console, etc.)
• Manage customer relationships through our CRM system
• Track website analytics and performance metrics
• Access additional modules and add-ons as subscribed

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3. Account Registration and Security

3.1 Account Creation

To use our Services, you must create an account and provide accurate, complete, and current information. You agree to:

• Provide accurate and truthful information
• Maintain and update your information as needed
• Be at least 18 years of age
• Have the authority to enter into these Terms on behalf of your business

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your password meets security best practices

We are not liable for any loss or damage arising from your failure to protect your account information.

4. Subscription and Payment Terms

4.1 Subscription Plans

Our Services are offered through various subscription plans with different features and pricing. By subscribing, you agree to pay the applicable fees for your chosen plan.

4.2 Billing and Payments

• Recurring Billing: Subscriptions renew automatically on a monthly basis unless cancelled
• Payment Method: You must provide a valid payment method and authorize us to charge it
• Price Changes: We may change pricing with 30 days' notice. Changes apply at next billing cycle
• Failed Payments: Failed payments may result in service suspension or termination
• Taxes: Prices are exclusive of applicable taxes unless otherwise stated

4.3 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds for partial months or unused features
• We reserve the right to issue refunds or credits at our sole discretion

4.4 Free Trials

We may offer free trials for certain plans. Free trials automatically convert to paid subscriptions unless cancelled before the trial period ends. No charges apply during the trial period.

5. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Upload, publish, or transmit illegal, harmful, threatening, abusive, or offensive content
• Distribute viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated systems (bots, scrapers) to access the Platform without permission
• Interfere with or disrupt the Services or servers
• Impersonate any person or entity or misrepresent your affiliation
• Use the Services for spamming or unsolicited marketing
• Collect or harvest user information without consent
• Reverse engineer, decompile, or attempt to extract source code
• Resell or redistribute our Services without authorization

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy.

6. Content and Intellectual Property

6.1 Your Content

You retain all ownership rights to content you upload, create, or provide through the Platform ("Your Content"). By using our Services, you grant us a limited license to:

• Host, store, and display Your Content
• Process Your Content to provide the Services
• Use AI models to analyze and generate content based on your instructions
• Create backups for service continuity

This license terminates when you delete Your Content or close your account, except for content cached or archived in our systems.

6.2 Your Responsibilities

You represent and warrant that:

• You own or have the rights to all content you provide
• Your Content does not infringe third-party rights
• Your Content complies with applicable laws and these Terms
• You are responsible for obtaining necessary licenses or permissions

6.3 Our Intellectual Property

The Platform, including all software, designs, text, graphics, logos, and other content provided by us, is owned by The Upgrade Shop and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of our Platform
• Use our trademarks or branding without written permission
• Remove or alter any copyright or proprietary notices

6.4 AI-Generated Content

Content generated by our AI tools (including Max, our AI assistant) is provided to you for your use. However, you acknowledge that:

• AI-generated content should be reviewed before publication
• You are responsible for ensuring AI content is accurate and appropriate
• We do not guarantee the accuracy or quality of AI-generated content
• Similar content may be generated for other users based on similar inputs

7. Third-Party Integrations

Our Platform integrates with third-party services (Google Analytics, Search Console, Google Drive, etc.) to enhance functionality. When you connect these services:

• You authorize us to access data from those services on your behalf
• You agree to comply with the third-party service's terms of service
• We are not responsible for third-party service availability or data loss
• You can revoke access at any time through your account settings
• We only request read-only access and never modify your third-party data without your explicit instruction

Links to third-party websites are provided for convenience. We are not responsible for the content or practices of external sites.

8. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using our Services, you consent to such collection and use.

8.1 Data Security

We implement reasonable security measures to protect your data. However, no system is completely secure. You acknowledge that:

• You use the Services at your own risk
• We cannot guarantee absolute security
• You are responsible for maintaining secure backups of critical data

8.2 Data Backup and Recovery

While we perform regular backups, you are responsible for maintaining your own backups of important content. We are not liable for data loss except as required by law.

9. Disclaimers and Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by law, we disclaim all warranties, including:

• Merchantability, fitness for a particular purpose, and non-infringement
• Uninterrupted, error-free, or secure operation
• Accuracy, reliability, or completeness of content or data
• Defects will be corrected or errors eliminated

We do not warrant that the Services will meet your requirements or that any results obtained will be accurate or reliable.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE UPGRADE SHOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE.

Our total liability for any claims arising from your use of the Services shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

This limitation applies to all causes of action, whether in contract, tort, negligence, strict liability, or otherwise.

11. Indemnification

You agree to indemnify, defend, and hold harmless The Upgrade Shop and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content

12. Termination

12.1 Termination by You

You may terminate your account at any time by cancelling your subscription through your account settings. Termination takes effect at the end of your current billing period.

12.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• Your payment fails or your account is past due
• We are required to do so by law
• Your use creates security risks or legal liability
• We discontinue the Services (with reasonable notice)

12.3 Effect of Termination

Upon termination:

• Your access to the Services will be immediately revoked
• Your websites hosted on our Platform will be taken offline
• Your data will be retained for 90 days before permanent deletion
• You may request a data export within 30 days of termination
• No refunds will be provided for partial billing periods

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@upgradeshop.ai to attempt to resolve the dispute informally.

13.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with commercial arbitration rules. You waive your right to a jury trial or to participate in a class action lawsuit.

14. General Provisions

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which The Upgrade Shop operates, without regard to conflict of law principles.

14.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Platform. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

14.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Upgrade Shop regarding the Services.

14.5 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

14.6 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

15. Contact Information

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