UPTONdigital Platform Terms of Service

Last updated: 14th January, 2026

These Terms of Service (“Terms”) govern access to and use of the UPTONdigital platform, including any associated dashboards, templates, hosted pages, messaging, and related services (the “Platform”). The Platform is operated by UPTONdigital (“UPTONdigital”, “we”, “us”, or “our”).

By creating an account, accessing, or using the Platform, you agree to these Terms.

1. Definitions

“Customer” means the business owner or organization that creates an account and pays for the Platform.
“Client Website” means the public website(s) created or hosted through the Platform for the Customer.
“Customer Content” means text, images, logos, business details, and other materials you submit to the Platform.
“Customer Data” means lead submissions, messages, and other data processed on your behalf through the Platform.
“Subprocessors” means third parties we use to provide the Platform (for example: hosting, payments, SMS/email delivery, analytics).

2. Platform Services

We provide a website and related business tools, which may include hosted pages, templates, content management, lead capture, messaging notifications, and basic performance or activity metrics.
We may use third-party infrastructure and services to deliver the Platform, including hosting and payment processors.
We may modify, add, or discontinue Platform features. We will make reasonable efforts to provide notice where changes materially reduce core functionality.

3. Account Eligibility and Security

You must provide accurate account information and keep it updated.
You are responsible for maintaining the confidentiality of login credentials and for all activity under your account.
If sign-up is invitation only, we may refuse registration or disable accounts not associated with an approved Customer record.
You must notify us promptly if you suspect unauthorized access to your account.

4. Customer Responsibilities

You are responsible for the accuracy, legality, and ownership/rights of all Customer Content you provide.
You are responsible for your business compliance obligations, including licenses, permits, and required consumer disclosures.
You must not use the Platform to send spam, engage in unlawful activity, or violate the rights of others.
You agree not to attempt to disrupt, reverse engineer, or gain unauthorized access to the Platform, its systems, or data.

5. Messaging and Consent (SMS/Email)

The Platform and our business operations may involve sending messages or notifications, including via SMS and email, depending on features enabled and your interactions with us.
UPTONdigital Follow-Up Messages. If you speak with UPTONdigital and verbally agree (or otherwise consent) to receive a follow-up text message, we may send you one-to-one SMS messages related to that conversation (for example: providing a link to an example site or answering questions you asked).
Consent is not a condition of purchase. Message frequency varies by usage. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
Opting out. You can opt out of SMS messages at any time by replying STOP. For help, reply HELP or contact us at admin@uptondigital.com. We may use third-party messaging providers to deliver messages and to manage opt-out requests and suppression lists.
Customer Use of Messaging Features. If you are a Customer and use any messaging features to contact your leads or other recipients, you represent and warrant that you have all required consents and legal authority to send messages to recipients, and that your content complies with applicable laws, carrier policies, and platform rules.
You agree to implement appropriate disclosures on your Client Website(s) and forms where phone numbers are collected or texts are sent, including (as applicable): the sender identity, the purpose of messages, that message frequency may vary, that message and data rates may apply, clear opt-out/help instructions (for example: “Reply STOP to opt out” and “Reply HELP for help”), and links to your Terms and Privacy Policy.
You must not use the Platform to send spam, unsolicited messages, or high-volume/automated messaging unless such functionality is explicitly enabled by us and you have completed any required registrations and approvals with our messaging providers.
UPTONdigital does not share mobile information (including phone numbers and SMS opt-in/consent data) with third parties or affiliates for marketing or promotional purposes.

6. Third-Party Services

The Platform uses third-party services such as payment processing and messaging providers. Your use of those services may be subject to their terms and policies.
We are not responsible for outages, errors, or acts/omissions of third-party services, except to the extent required by law.

7. Fees, Billing, and Taxes

Fees are described at the time you subscribe or purchase. Unless otherwise stated, fees include a setup fee of $99 and a recurring subscription of $99 per month for hosting and maintenance.
Subscriptions renew automatically until cancelled. You authorize us and our payment processor(s) to charge your payment method for recurring fees.
All fees are non-refundable except where required by law.
You are responsible for any taxes associated with your purchase, except taxes we are required to collect and remit.

8. Cancellation and Termination

You may cancel your subscription at any time through your account settings (if available) or by contacting support. Cancellation stops future charges but does not refund past payments.
We may suspend or terminate your access to the Platform for non-payment, misuse, suspected fraud, unlawful activity, or material breach of these Terms.
On cancellation or termination, we may disable access to the Platform and hosted Client Website(s), subject to any agreed wind-down period or legal obligations.

9. Data Processing

In many cases, you are the controller of Customer Data collected via your Client Website(s) (for example, lead submissions), and we act as a service provider/processor to host and process that data on your behalf.
You instruct us through your use and configuration of the Platform. We will process Customer Data to provide the Platform, maintain security, prevent abuse, and comply with law.
Where messaging features are enabled, Customer Data may include phone numbers, message content, delivery metadata, and opt-in/opt-out or consent records. We may process this data to send and manage messages, maintain suppression/opt-out lists, provide support, prevent fraud/abuse, and comply with legal and carrier requirements.
You are responsible for providing appropriate notices to your visitors and obtaining any required consents related to data collection and messaging.

10. Customer Content, Data, and Intellectual Property

Customer Content. You retain ownership of Customer Content. You grant UPTONdigital a limited license to host and display Customer Content to operate the Platform and your Client Website.
Platform and Website Ownership. UPTONdigital retains all right, title, and interest in the Platform and all templates, software, configurations, and the Client Website build created for you (excluding Customer Content).
Domain Names. Unless agreed otherwise in writing, any domain name purchased or registered by UPTONdigital in connection with your subscription is owned and controlled by UPTONdigital. We may route that domain to your Client Website while your subscription is active. Domain transfer is not included and may be offered only at our discretion after all amounts due (and any administration fee) are paid.
No Portability. You may not copy, export, transfer, sublicense, or host the Client Website (including templates, layout, code, or configurations) with another provider. On cancellation or termination, your license ends and we may disable access and domain routing, subject to legal obligations.

11. Availability and Support

We aim for high uptime, but we do not guarantee uninterrupted or error-free service.
Support availability, response times, and included services may vary by plan and capacity.

12. Disclaimers

The Platform is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that your Client Website(s) will generate leads, revenue, rankings, or specific business outcomes.

13. Limitation of Liability

To the maximum extent permitted by law, UPTONdigital is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill.
To the maximum extent permitted by law, our total liability for any claim relating to the Platform will not exceed the amount you paid to us in the three months preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations; in those cases, the limitations apply to the fullest extent permitted.

14. Indemnification

You agree to indemnify and hold harmless UPTONdigital from claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Platform, your Customer Content, your messaging practices, or your violation of these Terms or applicable law.

15. Changes to These Terms

We may update these Terms from time to time. Changes will be posted with a new “Last updated” date. Continued use of the Platform after changes become effective constitutes acceptance.

16. Contact

For questions about these Terms, contact danny@uptondigital.com