Terms of Service

By accessing and using the Up Marketing tool, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not use our service.

Up Marketing provides a web-based diagnostic tool that analyzes your business systems and generates recommendations for improvements. The service includes:

• A questionnaire covering various aspects of your business (sales, operations, staffing, finance, marketing, AI & automation), with questions tailored to your selected industry
• An automated scoring algorithm producing an efficiency score and a revenue leakage estimate
• A results snapshot with efficiency scores, revenue leakage estimates, opportunity identification, and prioritized drivers
• An AI-generated implementation plan (upon request) including an executive summary, operator playbook (today / next 7 days / next 30 days), and phased roadmap with goals and initiatives

You agree to use the service only for lawful purposes. Access may be rate-limited to protect service availability. You must not:

• Provide false or misleading information
• Attempt to gain unauthorized access to any part of the service
• Use the service to transmit harmful code or malware
• Reverse engineer or attempt to extract the source code
• Use automated systems (e.g., bots, scrapers) to access the service excessively or in violation of rate limits

The diagnostic results and recommendations provided by our service are based on the information you provide, automated algorithms, and AI-generated content. The implementation plan and related outputs are produced using AI and may contain errors or inaccuracies. While we strive for accuracy, these results should be considered estimates and suggestions, not guarantees.

The revenue leakage estimates, efficiency scores, and ROI projections are approximate calculations based on industry benchmarks and should not be relied upon as precise financial advice.

The Up Marketing tool, including its design, functionality, algorithms, and content, is owned by us and protected by intellectual property laws. You are granted a limited license to use the service for your own business evaluation purposes only.

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

• The service will be uninterrupted or error-free
• The results will be accurate or reliable
• Any defects will be corrected
• The service meets your specific requirements

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE.

The implementation plan and other generated content are produced by AI and are for informational purposes only. They do not constitute professional business, financial, or legal advice. You should verify AI-generated outputs and consult with qualified professionals before making business decisions based on our recommendations.

Your use of the service is also governed by our Privacy Policy. By using the service, you consent to the collection and use of information as described in the Privacy Policy.

By submitting your diagnostic responses and contact information, you grant us a license to process that data in order to generate your results, implementation plan, and related outputs and to deliver the service to you.

We reserve the right to modify, suspend, or discontinue the service at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the service.

We may terminate or suspend your access to the service immediately, without prior notice or liability, for any reason, including if you breach these Terms of Service.

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law provisions.