Terms of Service

Welcome to Upkeepify! These Terms of Service ("Terms") govern your access to and use of our home maintenance tracking service. By using Upkeepify, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using Upkeepify ("Service," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated by reference.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use after such modifications constitutes acceptance of the updated Terms.

2. Eligibility

To use Upkeepify, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information
• Maintain the security of your account credentials

By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account by providing:

• Valid email address
• Secure password
• Accurate account information

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activities
• You provide false or misleading information
• Your account remains inactive for an extended period
• We are required to do so by law

4. Subscription and Payments

4.1 Subscription Plans

Upkeepify offers subscription-based access to the Service. Current pricing and plan details are available at https://upkeepify.com/#pricing.

4.2 Payment Terms

• Billing Cycle: Subscriptions are billed monthly or annually, depending on your selected plan
• Payment Method: You must provide a valid payment method (credit card, debit card, or other accepted methods)
• Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless canceled
• Price Changes: We may change subscription prices with 30 days' advance notice
• Taxes: You are responsible for applicable taxes (sales tax, VAT, GST, etc.)

4.3 Payment Processing

Payments are processed securely through Stripe, a third-party payment processor. By providing payment information, you:

• Authorize us to charge your payment method for subscription fees
• Agree to Stripe's terms of service and privacy policy
• Represent that you have the legal right to use the payment method

4.4 Failed Payments

If a payment fails:

• We will attempt to process the payment again
• You will receive notification of the failed payment
• Your access to the Service may be suspended until payment is successful
• Your account may be terminated after multiple failed payment attempts

4.5 Refund Policy

30-Day Money-Back Guarantee: If you're not satisfied with Upkeepify, you may request a full refund within 30 days of your initial subscription purchase.

Cancellation and Refunds:

• No refunds for partial billing periods after the initial 30 days
• Cancellations take effect at the end of the current billing cycle
• You will retain access to the Service until the end of your paid period
• To request a refund, contact us at support@upkeepify.com

4.6 Cancellation

You may cancel your subscription at any time through:

• Your account settings in the Upkeepify dashboard
• Contacting customer support at support@upkeepify.com

Upon cancellation, you will not be charged for subsequent billing cycles, but you will not receive a refund for the current billing period (except within the 30-day money-back guarantee period).

5. Use of the Service

5.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes.

5.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any illegal, fraudulent, or unauthorized purpose
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Upload or transmit viruses, malware, or other malicious code
• Engage in any form of automated use (scraping, bots, etc.) without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or modify any proprietary notices or labels
• Use the Service to harass, abuse, or harm others
• Impersonate any person or entity or misrepresent your affiliation
• Sell, rent, lease, or otherwise commercialize the Service without authorization

5.3 User Content

You retain ownership of all content you upload to the Service ("User Content"), including:

• Home maintenance records and logs
• Photos, documents, and notes
• Warranty information and receipts
• Service provider details

By uploading User Content, you grant us a limited, non-exclusive, royalty-free license to:

• Store, process, and display your User Content to provide the Service
• Create backups and ensure data redundancy
• Improve the Service through aggregated, anonymized data analysis

You represent and warrant that:

• You own or have the necessary rights to all User Content you upload
• Your User Content does not violate any third-party rights (copyright, trademark, privacy, etc.)
• Your User Content does not contain illegal, harmful, or offensive material

6. Intellectual Property Rights

6.1 Ownership

Upkeepify and its content, features, and functionality are owned by Upkeepify and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

We own all rights to:

• Service design, code, and architecture
• Trademarks, logos, and branding
• Documentation and user guides
• Proprietary algorithms and features

6.2 Restrictions

You may not:

• Copy, modify, or distribute any part of the Service
• Use our trademarks or branding without written permission
• Create derivative works based on the Service
• Use the Service to develop competing products or services

6.3 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

7. Third-Party Services and Links

The Service may contain links to third-party websites, services, or integrations. We are not responsible for:

• The content, privacy policies, or practices of third-party services
• Any damages or losses caused by third-party services
• The availability or functionality of third-party services

Your use of third-party services is subject to their respective terms and policies. We encourage you to review them before use.

8. Disclaimers and Limitations of Liability

8.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted, error-free, or secure operation
• Accuracy, reliability, or completeness of content

8.2 No Professional Advice

Upkeepify is a home maintenance tracking tool, NOT a substitute for professional advice. We do not provide:

• Home inspection services
• Contractor recommendations or endorsements
• Warranty or insurance advice
• Legal, financial, or professional consulting

Always consult qualified professionals for home maintenance, repair, and safety decisions.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPKEEPIFY SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Service interruptions or errors
• Unauthorized access to or alteration of your data
• Third-party conduct or content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 (WHICHEVER IS GREATER).

8.4 Indemnification

You agree to indemnify, defend, and hold harmless Upkeepify, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your User Content
• Your violation of any third-party rights

9. Data and Privacy

Your privacy is important to us. Our Privacy Policy (available at /privacy.html) explains:

• What information we collect
• How we use and protect your information
• Your privacy rights
• How to contact us with privacy concerns

By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

9.1 Data Backup and Security

While we implement security measures to protect your data, we cannot guarantee absolute security. You are responsible for:

• Maintaining backup copies of important data
• Ensuring the accuracy of information you upload
• Using secure passwords and account practices

9.2 Data Retention

We retain your data as described in our Privacy Policy. Upon account termination, we will delete your data within 90 days, except as required for legal, accounting, or regulatory compliance.

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting customer support

10.2 Termination by Us

We may suspend or terminate your account immediately if:

• You breach these Terms
• You engage in fraudulent or illegal activity
• We are required to do so by law
• Your account remains inactive for 12+ months

10.3 Effect of Termination

Upon termination:

• Your right to access the Service will cease immediately
• You will no longer be charged subscription fees
• Your data will be deleted in accordance with our Privacy Policy
• Provisions that by their nature should survive (payment obligations, disclaimers, limitations of liability, indemnification) will continue to apply

11. Dispute Resolution

11.1 Informal Resolution

Before filing a claim, please contact us at support@upkeepify.com to attempt informal resolution. We're committed to resolving disputes amicably.

11.2 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except where prohibited by law, you and Upkeepify agree to resolve disputes through binding arbitration rather than in court, except for:

• Small claims court disputes (if eligible)
• Intellectual property disputes
• Claims seeking injunctive relief

Arbitration Rules:

• Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
• Arbitration will take place remotely unless parties agree otherwise
• The arbitrator's decision is final and binding
• You may opt-out of arbitration by sending written notice within 30 days of accepting these Terms

11.3 Class Action Waiver

YOU AND UPKEEPIFY AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

11.4 Governing Law

These Terms are governed by the laws of the State of [Your State] and the United States, without regard to conflict of law principles.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Upkeepify regarding the Service.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 Waiver

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

12.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

12.5 Force Majeure

We are not liable for delays or failures in performance due to causes beyond our reasonable control, including natural disasters, acts of government, labor disputes, or technical failures.

12.6 Export Compliance

You may not use or export the Service in violation of U.S. export laws and regulations or sanctions programs.

12.7 Modifications to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

13. Contact Information

If you have questions, concerns, or disputes regarding these Terms, please contact us:

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Acknowledgment

BY USING UPKEEPIFY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

If you do not agree to these Terms, please do not use the Service.

Thank you for choosing Upkeepify to manage your home maintenance!