1. Acceptance of Terms
These Terms of Service ("Terms") form a binding agreement between you (individually, or on behalf of a business, "you" or "Customer") and UPLYNC LLC ("UpLync," "we," "us," or "our") governing your access to and use of the UpLync App, Website Chatbot, Sales CRM, and gouplync.com (collectively, the "Services").
By creating an account, clicking "I agree," or using the Services, you accept these Terms. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company.
2. Description of Services
UpLync provides a unified messaging inbox, AI-assisted website chatbot, and CRM tooling designed for small and medium businesses. Some features, including the full UpLync App (Unibox, Campaigns, Reputation Board, Payments, Bookings, and Team Chat), are in early access or under active development and may change, be delayed, or be discontinued prior to general availability. We will provide reasonable notice of material changes to core, generally available features.
3. Eligibility & Accounts
- You must be at least 18 years old and able to form a binding contract to use the Services.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You agree to provide accurate registration information and to keep it up to date.
- Notify us immediately at support@uplync.io if you suspect unauthorized use of your account.
4. Subscriptions & Payment
- Paid plans are billed in advance on a recurring basis (monthly or annually) as described at checkout.
- Fees are exclusive of applicable taxes unless stated otherwise, and you are responsible for those taxes.
- Except where required by law or expressly stated in a plan's terms, fees are non-refundable.
- We may change pricing on renewal with at least 30 days' notice.
- Failure to pay may result in suspension or termination of your account after reasonable notice.
5. Acceptable Use
You agree to use the Services in compliance with our Fair Use Policy and all applicable laws, including U.S. laws governing telemarketing, SMS, and email communications (such as the TCPA and CAN-SPAM Act) and applicable messaging-platform policies (such as WhatsApp Business and Meta Platform Terms). You may not use the Services to send unsolicited bulk messages, harass individuals, distribute malware, misrepresent your identity, or violate the rights of others.
6. Your Content & Data
"Customer Data" means the contact records, messages, files, and other content you or your customers submit through the Services. As between you and UpLync, you retain ownership of your Customer Data. You grant UpLync a limited license to host, process, and transmit Customer Data solely to provide and improve the Services. You are responsible for having the necessary rights and consents to submit Customer Data, including consent from your customers to be contacted.
7. Intellectual Property
The Services, including our software, branding, and documentation, are owned by UpLync and its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes. You may not copy, modify, reverse engineer, or create derivative works of the Services except as permitted by law.
8. Third-Party Services
The Services may integrate with third-party platforms (for example WhatsApp, Meta, email/SMS carriers, and payment processors). Your use of those integrations is also subject to the applicable third party's terms and policies, and we are not responsible for their acts, omissions, or availability.
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT AI-GENERATED CONTENT (SUCH AS CHATBOT RESPONSES OR REPLY SUGGESTIONS) WILL BE ACCURATE OR ERROR-FREE, AND YOU ARE RESPONSIBLE FOR REVIEWING SUCH CONTENT BEFORE RELYING ON IT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPLYNC AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to defend, indemnify, and hold harmless UpLync from and against any claims, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your Customer Data, or your violation of these Terms or applicable law.
12. Termination
- You may cancel your account at any time through your account settings or by contacting us.
- We may suspend or terminate your access for breach of these Terms, non-payment, or conduct that risks harm to UpLync, other customers, or third parties, with notice where reasonably practicable.
- Upon termination, your right to use the Services ends; provisions that by their nature should survive (including Sections 7, 9, 10, 11, and 13) will survive.
13. Governing Law & Disputes
These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Services will be brought exclusively in the state or federal courts located in Jefferson County, Kentucky, and you consent to personal jurisdiction there, except where applicable law requires a different forum.
14. Changes to These Terms
We may update these Terms from time to time. We will post the revised Terms with an updated "Last updated" date and, for material changes, provide additional notice. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.