Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Fischost Web Solutions, LLC ("Upkeepify", "we", "us", or "our") governing your access to and use of the Upkeepify iOS app, the web app at upkeepify.com, and any related services we operate (collectively, the "Service").

1. Who can use the Service

To use Upkeepify, you must:

• Be at least 13 years old. If you are between 13 and the age of majority in your jurisdiction (usually 18), you may only use the Service under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.
• Have the legal capacity to enter into a binding contract.
• Not be barred from using the Service under U.S. law, sanctions programs, or any prior agreement with us.
• Provide accurate registration information and keep it up to date.

2. Your account

2.1 Creating an account

You create an account by providing a valid email address and a password (or by signing in through a supported third-party identity provider). You are responsible for keeping your credentials confidential and for all activity that occurs under your account. Notify us immediately at security@upkeepify.com if you suspect unauthorized access.

2.2 Teams and shared accounts

You may invite other people to your team so they can access shared properties, tasks, and documents. The account owner is responsible for the actions of every invited member. You should only invite people you trust with your home maintenance records.

2.3 Two-factor authentication

We strongly recommend enabling two-factor authentication (2FA). You are responsible for safeguarding any recovery codes we provide.

3. Subscriptions and payments

3.1 Subscription plans

The Service is offered on a free tier and on paid subscription tiers. Current pricing and plan features are at upkeepify.com/#pricing. We may change plan features or pricing with at least 30 days' advance notice for existing subscribers; price changes take effect at your next renewal.

3.2 Web subscriptions (Stripe)

Subscriptions purchased through the web app are processed by Stripe. By entering payment information, you authorize us to charge your payment method for the subscription fees and applicable taxes, on a recurring basis, until you cancel. You agree to Stripe's terms and privacy policy at stripe.com/legal.

3.3 Where subscriptions are sold

All subscriptions are purchased on upkeepify.com through our payment processor, Stripe. The Upkeepify iPhone app does not sell subscriptions (there are no in-app purchases), so every cancellation and refund is handled by us. See our Refund & Cancellation Policy.

3.4 Cancellation and refunds (web)

You can cancel a web subscription at any time from your account settings or by emailing support@upkeepify.com. Cancellation takes effect at the end of the current billing period; you retain paid access until then. We offer a 30-day money-back guarantee on your first paid subscription period. Outside that window, paid periods are non-refundable except where required by law.

3.5 Failed payments

If a payment fails, we may retry the charge, suspend paid features, or downgrade your account to the free tier after reasonable notice. You remain responsible for any unpaid fees.

3.6 Taxes

Prices do not include applicable taxes (sales tax, VAT, GST, etc.) unless stated. You are responsible for any such taxes assessed on your subscription.

4. Acceptable use

You agree to use the Service only for lawful purposes consistent with these Terms. You will not:

• Violate any law, regulation, or third-party right.
• Attempt to access another user's account or data, or any system not authorized to you.
• Probe, scan, or test the vulnerability of the Service, or breach any security or authentication measures (except as part of a responsible-disclosure report to security@upkeepify.com).
• Interfere with or disrupt the Service or related infrastructure.
• Upload viruses, malware, or other harmful code.
• Scrape, harvest, or use automated means to access the Service without our written permission.
• Reverse engineer, decompile, or disassemble the Service except to the extent allowed by applicable law.
• Use the Service to harass, abuse, threaten, defame, or otherwise harm any person.
• Impersonate any person or misrepresent your affiliation.
• Use the Service to develop a competing product.
• Resell, sublicense, rent, lease, or otherwise commercialize the Service without our written permission.

5. Your content

5.1 Ownership

You retain ownership of all content you upload to or create within the Service ("Your Content"). Your Content includes asset photos, documents, task descriptions, service logs, notes, team member info, and anything else you submit.

5.2 License to us

To operate the Service, you grant us a limited, non-exclusive, royalty-free, worldwide license to host, store, transmit, display, and process Your Content solely for the purpose of providing and improving the Service to you and your team. This license ends when you delete the content or your account, except for residual copies in routine backups (deleted on our normal backup-retention schedule) and to the limited extent we are required to retain certain records by law.

5.3 What we will not do with your content

We will not:

• Sell, rent, or share Your Content with advertisers or data brokers.
• Use Your Content to build advertising profiles.
• Use Your Content to train any artificial intelligence model, ours or any third party's.

5.4 Your representations

You represent and warrant that you own or have all rights necessary to upload Your Content, and that Your Content does not infringe any third-party right or violate any law. You are solely responsible for the accuracy and legality of Your Content.

6. AI features

6.1 How AI Features work

When you use an AI Feature, the content you submit (a photo, a document's text, a question, or a short summary of relevant assets) is sent to a third-party AI provider — currently OpenAI — for processing. The provider returns a response that we display to you and may store in your account history.

6.2 AI output is not professional advice

AI Features are informational only. They are not a substitute for the judgment of a licensed contractor, electrician, plumber, structural engineer, home inspector, insurance adjuster, attorney, financial advisor, or any other qualified professional. Cost estimates, diagnoses, repair recommendations, and document interpretations may be inaccurate, incomplete, or out of date. Do not rely on AI Features for decisions involving safety, structural integrity, electrical or gas work, code compliance, insurance claims, or legal matters. Always consult a qualified professional.

6.3 Quotas and availability

AI Features are subject to monthly per-account quotas that reset at the start of each billing period. We may change quotas, throttle usage to prevent abuse, or temporarily disable AI Features for operational reasons.

6.4 No training on your data

Our agreement with OpenAI prohibits the use of your inputs to train OpenAI's models. Inputs are retained by OpenAI only for abuse-monitoring per OpenAI's enterprise terms. If you do not want any data sent to AI providers, do not use the AI Features; all non-AI features of the Service continue to work normally.

7. Intellectual property

7.1 Our property

The Service — including its code, design, user interface, trademarks, logos, name "Upkeepify", documentation, and any other materials we provide — is owned by Fischost Web Solutions, LLC or its licensors and is protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service for your personal or internal business use during your subscription. All rights not expressly granted are reserved.

7.2 Feedback

If you give us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you.

8. Third-party services

The Service uses third-party providers (listed in our Privacy Policy) and may link to third-party sites or services. We are not responsible for third-party content, privacy practices, availability, or actions. Your use of any third-party service is governed by its own terms.

9. Disclaimers

9.1 Service "as is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the maximum extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, and accuracy or completeness of any content (including AI output).

9.2 Not professional advice

Upkeepify is a home-maintenance tracking and reminder tool. It is not a home inspection service, contractor service, warranty provider, insurance product, or source of legal or financial advice. Always engage qualified professionals for any matter involving safety, code compliance, or significant financial decisions.

9.3 Your responsibility for your home and data

You are responsible for the safety, condition, and maintenance of your property. You are responsible for keeping copies of any document or photo that is important to you; while we maintain backups, you should not rely on the Service as your only repository for irreplaceable records.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPKEEPIFY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO THE SERVICE.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above may not apply to you. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Fischost Web Solutions, LLC and its officers, directors, employees, and agents from any third-party claim, demand, damages, loss, liability, or expense (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) Your Content, (c) your violation of these Terms or any law, or (d) your violation of any third party's rights.

12. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains what data we collect, how we use it, who we share it with, and the rights you have. By using the Service you consent to the data practices described there.

13. Termination

13.1 By you

You may stop using the Service at any time. To permanently delete your account and all associated data, use Account → Delete Account in the iOS app or web app, or email support@upkeepify.com. Deletion is final.

13.2 By us

We may suspend or terminate your account, immediately and without prior notice, if you violate these Terms, engage in fraudulent or illegal activity, expose us or our users to legal or operational risk, or if we are required to do so by law. We may also terminate dormant accounts after extended inactivity, as described in the Privacy Policy.

13.3 Effect of termination

On termination, your right to access the Service ends, paid features will stop, and we will delete your data within 30 days (with backups overwritten within 90 days) except as needed to comply with legal obligations. Sections that by their nature should survive (5.3, 5.4, 6.2, 9, 10, 11, 14, 15) will survive termination.

14. Dispute resolution, arbitration, and class-action waiver

14.1 Informal resolution first

Before filing any formal claim, email support@upkeepify.com with a clear description of the dispute and what resolution you want. We will try to resolve it within 60 days.

14.2 Binding arbitration

If we cannot resolve the dispute informally, you and Upkeepify agree to resolve it by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place remotely or, at your election if you are an individual consumer, in the county where you reside. The arbitrator's decision is final and binding.

14.3 Exceptions

The following are excluded from arbitration: (a) small-claims-court claims that qualify, (b) claims for injunctive relief related to intellectual property or unauthorized access to the Service, and (c) any other claim where arbitration is prohibited by applicable law.

14.4 Class-action waiver

YOU AND UPKEEPIFY AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

14.5 Opt-out

You may opt out of this arbitration agreement by emailing legal@upkeepify.com within 30 days of first accepting these Terms with the subject line "Arbitration Opt-Out" and including your account email. Opting out has no effect on the rest of the Terms.

14.6 Governing law

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws principles. For any matter not subject to arbitration, the state and federal courts located in St. Lucie County, Florida have exclusive jurisdiction, and you consent to personal jurisdiction there.

15. Changes to these Terms

We may update these Terms from time to time. If a change is material, we will notify you by email or in-app message at least 30 days before it takes effect. For minor changes (typos, clarifications), we will simply update the "Last Updated" date above. Your continued use of the Service after a change takes effect means you accept the updated Terms.

16. General provisions

16.1 Entire agreement

These Terms and our Privacy Policy are the entire agreement between you and Upkeepify regarding the Service and supersede any prior agreements between us on this subject.

16.2 Severability

If any provision of these Terms is held unenforceable, the rest of the Terms remain in effect, and the unenforceable provision will be reformed to the minimum extent needed to make it enforceable.

16.3 No waiver

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

16.4 Assignment

You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, financing, or sale of assets.

16.5 Force majeure

We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, network or power outages, acts of government, labor disputes, or actions of third-party providers.

16.6 Export controls

You may not use or export the Service in violation of U.S. export-control or sanctions laws.

16.7 Apple-specific terms (iOS app)

If you use the Upkeepify iOS app, you acknowledge that these Terms are between you and Fischost Web Solutions, LLC only, not with Apple Inc. Apple is not responsible for the Service or its content. Apple has no obligation to provide maintenance or support. If the iOS app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for product liability, intellectual-property claims, consumer-protection claims, or any failure of the iOS app to conform to legal or regulatory requirements. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16.8 Modifications to the Service

We may modify, suspend, or discontinue any part of the Service at any time. We will try to give reasonable notice for material changes that affect your subscription.

17. Contact

Questions or notices under these Terms:

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Acknowledgment

BY CREATING AN UPKEEPIFY ACCOUNT OR USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF SERVICE, INCLUDING THE ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER IN SECTION 14.

If you do not agree, please stop using the Service and delete your account.