Terms of Service
By accessing our website and using our services, you are agreeing to be bound by these terms of service, and agree that you are responsible for compliance with any applicable local laws.
Welcome to Upgraded. These Terms of Service ("Terms") govern your access to and use of our AI platform, websites, Chrome extension, and related services. By signing up for or using Upgraded, you agree to these Terms.
If you are using Upgraded on behalf of an organization, you agree to these Terms on behalf of that organization and represent that you have the authority to bind the organization to these Terms. In team or enterprise accounts, administrators may have access to member accounts and data; the organization is responsible for compliance with applicable laws and internal policies.
Eligibility and Accounts
You must be at least 18 years old and capable of forming a binding contract to use our services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
AI Output Disclaimers
Upgraded uses AI models to generate content, drafts, and recommendations. AI-generated output may be inaccurate, incomplete, or biased. You are solely responsible for reviewing, verifying, and validating any AI-generated content before relying on it or sharing it with others. We disclaim any liability for decisions, actions, or outcomes resulting from your use of AI-generated content.
Use of the Service
You agree to use Upgraded only for lawful purposes and in accordance with these Terms. You must not use our AI platform to violate any applicable laws, infringe on the rights of others, or transmit harmful or malicious content. You are responsible for the data and instructions you provide to our AI agents.
Acceptable Use
You agree not to use Upgraded to: reverse engineer or attempt to extract our models or technology; overload or disrupt our systems; use our service to train competing AI models; or use our service for any purpose that could harm Upgraded or its users.
Integrations and Third-Party Services
Upgraded integrates with third-party tools and services (e.g., Composio, Attio, Unipile). Your use of those integrations is subject to the terms and policies of those third parties. We are not responsible for the availability, accuracy, or practices of third-party services.
Chrome Extension
Our Chrome extension is subject to these Terms. By installing and using it, you consent to its access to form fields and page content when you invoke its features. You may uninstall the extension at any time. The extension does not passively collect browsing history.
Intellectual Property
Upgraded and its content, features, and functionality are owned by Upgraded, Inc. and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute our proprietary materials without our written consent.
Payment and Subscriptions
Paid plans are billed according to the pricing terms disclosed at the time of purchase. You authorize us to charge your payment method for recurring subscription fees. You may cancel your subscription at any time; cancellation will take effect at the end of the current billing period.
Refunds
Subscription fees are generally non-refundable. We do not provide refunds for partial periods or unused portions of a subscription. In exceptional circumstances, we may consider refund requests at our sole discretion. Contact us to discuss.
Account Termination
You may close your account at any time. We may suspend or terminate your account if you violate these Terms, fail to pay fees when due, or for any other reason at our sole discretion.
Data Upon Termination
Upon account closure, you should export or delete any data you wish to retain before terminating. We may retain certain data for a limited period after termination to comply with legal obligations, resolve disputes, prevent fraud, and enforce our agreements. We are not obligated to retain your data after closure.
Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access. The service may be subject to downtime for maintenance, third-party outages, or events beyond our control. We are not liable for any losses resulting from service unavailability.
Force Majeure
We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE.
Indemnification
You agree to indemnify, defend, and hold harmless Upgraded, Inc., its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content or data you provide to the service.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPGRADED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Dispute Resolution and Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising from these Terms or the service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts. To the extent permitted by law, you agree that any dispute shall be resolved on an individual basis and waive any right to participate in a class action.
Modifications to Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and/or sending an email to the address associated with your account. Your continued use of the service after the effective date of changes constitutes acceptance of the modified Terms. If you do not agree, you must stop using the service and may close your account.
General
These Terms constitute the entire agreement between you and Upgraded regarding the service. If any provision is held invalid, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale of assets.
How can you contact us?
If you have questions about these Terms of Service, please contact us:
- By email at success@getupgraded.ai
- Through our contact form at getupgraded.ai/demo