Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and UpstarAI LLC (“we”, “us” or “our”). They govern your access to and use of UpstarAI, including the website at https://www.upstarai.com, the dashboard, and any related software, features and support (together, the “Service”).

By creating an account, accepting an invitation, or otherwise using the Service, you agree to these Terms. If you are using the Service for an organization, you confirm that you have authority to bind it, and “you” includes that organization. If you do not agree, do not use the Service.

• Account means the account you register to use the Service.
• Organization and Workspace mean the shared space in which you and your teammates manage one or more businesses.
• Connected Platform means a social platform or other online channel that the Service can read from, now or in the future.
• Platform Data means publicly available social profile, content and interaction data that the Service collects from Connected Platforms for the profiles you connect.
• Workspace Data means the information you or your teammates put into the Service, such as business details, notes and settings, together with Platform Data and results that sit in your Workspace.
• Suggestions means any analysis, score, classification, alert, summary or drafted message that the Service generates, including with artificial intelligence.

The Service is for business use. You must be at least 18 years old and able to enter into a binding contract under Indian law, and you must not be barred from using the Service under any law that applies to you.

If you act for an organization, you promise that you are authorised to accept these Terms for it and to connect the profiles and add the information you add.

• Give accurate information when you register and keep it up to date.
• Verify your email address when asked. We may restrict access until you do.
• Keep your password and sign-in details confidential. Do not share your account. You are responsible for activity under your Account unless you tell us promptly that it has been compromised.
• Organizations have roles such as owner, admin and member. Owners and admins can invite people, remove them and delete businesses. You are responsible for who you invite and for what they do in your Workspace.

Tell us at support@upstarai.com as soon as you suspect unauthorised access to your Account.

We provide tools that connect to the profiles you choose, analyse the public data collected from them, identify people who may be potential customers, explain why, raise alerts, show analytics, and suggest messages. Features, limits and the Connected Platforms we support will change over time.

• Plans and limits. We may offer features free of charge or on paid plans, and may apply usage limits, such as how much data we collect or process for you in a given period.
• Changes. We may add, change or remove features. If a change materially reduces what you rely on, we will give notice as described in Changes to these Terms.
• Early access features. Features labelled beta, preview or similar are provided for evaluation and may change or end without notice.
• No guaranteed results. We do not promise any number of leads, conversations or sales. Outcomes depend on many factors outside our control.

You may connect profiles that you own or manage, and other publicly available profiles, where doing so is permitted by the Connected Platform’s own terms and by applicable law. You are responsible for making sure that your use of the Service, including the profiles you choose to connect, complies with those terms and laws.

• Connected Platforms are operated by third parties. We do not control them, are not affiliated with or endorsed by them, and are not responsible for their availability, rules or changes.
• A Connected Platform can change or restrict access to its data at any time. If it does, parts of the Service may stop working or become unavailable without liability to us.
• Names and marks of Connected Platforms belong to their owners and are used only to identify them.

Platform Data is collected from public sources and may be incomplete, delayed, outdated or inaccurate. We do not guarantee its accuracy, completeness or continued availability.

You agree that:

• you will use Platform Data only for the lawful internal purposes of your business, to understand and reach potential customers;
• you will not sell, publish, republish or build a separate database or product from Platform Data;
• you are solely responsible for any message you send to a person, including having any consent, notice or other legal basis that the law requires and honouring anyone’s request not to be contacted; and
• you will handle any personal data you take out of the Service in line with the privacy and data protection laws that apply to you.

Suggestions are produced automatically, including with artificial intelligence, and are there to help you decide. They can be wrong, incomplete, out of date or unsuitable for your situation.

• You must review every Suggestion before you rely on it or send it to anyone.
• Unless a feature expressly says so, we do not send messages or take actions on your behalf. If we introduce features that act for you, we will explain how they work and you remain responsible for the actions taken within the limits you set.
• A score or classification is an estimate of likely interest. It is not a judgement about any person and must not be used to make decisions that have legal or similarly significant effects on an individual.
• Suggestions are not legal, financial or professional advice.

You must not use the Service, or let anyone else use it, to:

• break any law, or infringe anyone’s rights, including privacy and intellectual property rights;
• send spam, bulk or unsolicited messages, or deceptive, harassing, threatening or abusive communications;
• impersonate a person or business, or misrepresent who you are or why you are contacting someone;
• infer, target or profile people based on sensitive characteristics such as health, religion, caste, ethnicity, sexual orientation or political views, or profile children;
• break the terms of a Connected Platform, or bypass its limits or technical protections;
• copy, scrape, resell or extract the Service or its data in bulk by automated means, except through interfaces we provide for that purpose;
• reverse engineer, decompile or attempt to discover the source code of the Service, or use it to build a competing product;
• probe, scan or test the security of the Service, interfere with it, overload it, or introduce malware; or
• access another person’s Account or Workspace without permission.

We may investigate suspected breaches and take action under Suspension and termination.

You keep ownership of your Workspace Data. You give us a worldwide, non-exclusive licence to host, copy, process, analyse and display it, and to share it with our service providers, solely as needed to provide, secure, support and improve the Service and to meet our legal obligations.

We may create and use aggregated or de-identified information that does not identify you or any individual to operate and improve the Service.

You promise that you have the rights needed to give us the information you add, and that doing so, and our use of it as described here, does not break any law or third-party right.

The Service, including its software, design, text, trade marks and the way it analyses and presents data, belongs to us or our licensors and is protected by law. We give you a limited, non-exclusive, non-transferable, revocable right to use the Service for your business during the term of these Terms, subject to them.

If you give us ideas or feedback about the Service, you allow us to use them freely without payment or obligation to you.

Some or all of the Service may be free. If we offer paid plans, the price, billing period, and any applicable taxes (including GST) will be shown before you buy, and by purchasing you agree to them. Unless the plan says otherwise, paid plans renew automatically until cancelled and fees already paid are non-refundable except where the law requires.

We may change prices or introduce charges for features that were free. We will give you at least 14 days’ notice before a change affects you, and you may cancel before it takes effect.

Our Privacy Policy explains how we handle personal data, our Cookie Policy explains cookies, and Data Deletion explains how to delete your data. They form part of these Terms.

The Service may rely on, or link to, services and websites that we do not own or control. Their terms and privacy practices apply to your use of them, and we are not responsible for them.

You may stop using the Service at any time, and can delete businesses yourself or ask us to delete your data as described in Data Deletion.

We may suspend or end your access, or remove content, if we reasonably believe that you have broken these Terms or the law, that your use creates risk or harm for us, others or the Service, that we must do so to meet a legal obligation, or that the Service or a feature is being discontinued. Where it is practical and lawful we will tell you why and give you a chance to fix the problem first.

When your access ends, your right to use the Service ends. Sections that by their nature should survive (including ownership, disclaimers, liability, indemnity, governing law and anything accrued before termination) continue to apply.

The Service is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy and uninterrupted or error-free operation.

We do not warrant that Platform Data or Suggestions will be accurate or complete, that the Service will be available at all times, or that it will produce any particular business result.

To the fullest extent the law allows, we are not liable for any indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, goodwill, data or business opportunity, arising from or related to the Service, even if we were told it might happen.

Our total liability for all claims arising from or related to the Service is limited to the greater of the fees you paid us for the Service in the 12 months before the event giving rise to the claim and ₹10,000.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or wilful misconduct.

You will defend and indemnify us, our officers, employees and affiliates against claims, losses and reasonable costs (including legal fees) that arise from your breach of these Terms, your violation of law or a third party’s rights, your Workspace Data, or the messages and actions you take using the Service. We will tell you promptly about any such claim and reasonably cooperate with you in defending it.

We may update these Terms as the Service, the law or our business changes. For a material change we will give you at least 14 days’ notice by email or in the Service before it takes effect, and we will update the version and date at the top of this page. Other changes take effect when posted.

If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and delete your data before the change takes effect.

These Terms are governed by the laws of India. If a dispute arises, each side will first try in good faith to resolve it by discussion for up to 30 days after written notice.

If that does not resolve it, the courts at Indore, Madhya Pradesh have exclusive jurisdiction, subject to any right you have under law to go to another forum.

• Whole agreement. These Terms and the policies they reference are the entire agreement between us about the Service and replace earlier understandings.
• Severability. If a provision is unenforceable, the rest stays in effect.
• No waiver. Not enforcing a right is not a waiver of it.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets, or to an affiliate.
• Events beyond our control. We are not liable for failure or delay caused by events beyond our reasonable control.
• Electronic contract and notices. These Terms are an electronic record under the Information Technology Act, 2000 and need no signature. We may give you notice by email or within the Service. Send notices to us at the address below.
• No third-party rights. Only you and we may enforce these Terms.

UpstarAI LLC
Indore, Madhya Pradesh, India

• General and support questions: support@upstarai.com
• Grievance Officer under the Information Technology Act, 2000: Privacy Team, privacy@upstarai.com