Terms of Service
Effective Date:
Nov 18, 2024
Welcome to Upward Seven
Upward Seven LLC (“Upward Seven,” “we,” “us,” or “our”)
Last updated: Sept 12, 2025
1. Services Provided
Upward Seven offers digital design, development, branding, Automations and related services. All deliverables are created based on the agreed project scope outlined in your contract.
2. Overview & Acceptance
These Terms of Service (“Terms”) govern your access to and use of Upward Seven’s website, products, and services, including branding and design, AI/chatbot & voice AI setup, marketing automations, CRM implementations (e.g., GoHighLevel), advertising campaigns, reputation management, and related consulting (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
We may update these Terms from time to time. Changes take effect when posted. Your continued use constitutes acceptance.
3. Eligibility & Accounts
You must be at least 18 and able to form a binding contract. You’re responsible for maintaining the confidentiality of any account credentials and for all activity under your account.
4. Services & Scope
We provide strategy, creative assets, websites/landing pages, CRM pipelines, automations, chat widgets, AI chatbots/voice AI, review/reputation flows, and ad management. A signed proposal/estimate, SOW, or accepted invoice will define each project’s scope, deliverables, timelines, and fees. Work outside scope may require a change order and additional fees.
5. Orders, Subscriptions & Billing
Setup fees: One-time setup fees of $297 / $497 / $497 (as quoted) may apply for onboarding, integrations, and initial configurations.
Plans: We offer monthly and annual plans. Annual plans are prepaid.
Auto-renewal: Subscriptions auto-renew for successive periods unless canceled per Section 5.
Payment: Invoices are due upon receipt unless otherwise stated. Late payments may incur a [1.5% monthly] or maximum lawful service charge, plus suspension of service.
Third-party costs: Ad spend, SMS/MMS fees, phone numbers, software seats, and similar pass-through costs are billed separately or paid directly by you to the provider.
6. Cancellations & Refunds
Cancel anytime: You may cancel future renewals at any time by emailing [hello@upwardseven.com] or via your billing portal (if enabled).
Effective date: Cancellation takes effect at the end of the current paid term; access continues until then.
Refunds: Setup and previously delivered services are non-refundable. Prepaid annual fees are non-refundable once the term begins unless required by law or explicitly stated in your SOW.
7. Client Responsibilities
You agree to:
(a) provide timely feedback/approvals, brand assets, copy, and credentials;
(b) maintain accurate business information and legal compliance for your campaigns;
(c) ensure any data you provide (including contacts for messaging) was collected with proper consent.
Delays in feedback, access, or approvals may extend timelines. Rush work may incur a [20%–40%] surcharge with prior notice.
8. Deliverables, Ownership & License
Upon full payment of all fees, you own the final approved deliverables expressly identified as “final” (e.g., final logo files, final ad creative, final website export where applicable). We retain ownership of: (i) our pre-existing materials, know-how, code snippets, templates, and workflows; and (ii) working files unless otherwise agreed in writing.
We grant you a non-exclusive, non-transferable license to use our pre-existing materials only as embedded within the final deliverables for your internal/business use.
9. Portfolio & Attribution
You grant Upward Seven permission to display your project name, logo, and non-confidential visuals in our portfolio, website, and social channels. If you require NDA or embargo, please notify us before project start.
10. Third-Party Tools & Platforms (incl. GoHighLevel)
Our Services may integrate with third-party platforms (e.g., GoHighLevel, Google, Meta, OpenAI, Twilio, review sites). Those services are governed by their own terms and privacy policies. We are not responsible for third-party outages, policy changes, deliverability, or data handling.
9. AI-Generated & Programmatic Content Notice
Our Services may integrate with third-party platforms (e.g., GoHighLevel, Google, Meta, OpenAI, Twilio, review sites). Those services are governed by their own terms and privacy policies. We are not responsible for third-party outages, policy changes, deliverability, or data handling.
10. Acceptable Use
You agree not to use the Services to transmit or publish illegal, misleading, defamatory, infringing, harmful, or harassing content; malware; or sensitive personal data without consent. You may not reverse engineer, copy, or misuse our systems or materials.
11. SMS/MMS & Mobile Communications Terms (Text Messages)
This section governs text messages we send to you or your contacts, including marketing, alerts, and service notifications.
12. Acceptable Use
You agree not to use the Services to transmit or publish illegal, misleading, defamatory, infringing, harmful, or harassing content; malware; or sensitive personal data without consent. You may not reverse engineer, copy, or misuse our systems or materials.
12.1 Your Consent to Receive Texts from Upward Seven
By opting in on our website forms, texting a keyword, checking a consent box, or otherwise providing your mobile number to us and agreeing to receive messages, you consent to receive SMS/MMS from Upward Seven at the phone number you provided. Message frequency varies. Message & data rates may apply. Consent is not a condition of purchase.
Opt-out: Reply STOP, END, CANCEL, or UNSUBSCRIBE to stop.
Help: Reply HELP for help or email hello@upwardseven.com.
Carriers not liable: Mobile carriers are not liable for delayed or undelivered messages.
We may send messages via long code, toll-free, or approved sender IDs, subject to carrier and industry rules (e.g., CTIA, The Campaign Registry/TCR).
12.4 Delivery & Throughput
We do not guarantee message delivery or timing. Carriers may filter or block messages. Short/long codes, toll-free numbers, and international routes are subject to different rules, fees, and approval times.
12.5 Stopping Messages
To stop receiving our marketing texts, reply STOP. For service/transactional notifications, you may manage preferences in your account (if available) or contact hello@upwardseven.com.
13. Privacy
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and share information, including for messaging and analytics.
14. Results & Disclaimers
Marketing performance varies. We do not guarantee specific rankings, ad results, conversion rates, reviews, or revenue. The Services are provided “as is” and “as available.”
15. Limitation of Liability
To the maximum extent permitted by law, Upward Seven shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, or data. Our total liability for any claim related to the Services will not exceed the fees you paid to us for the three (3) months preceding the claim.
16. Indemnification
You will defend, indemnify, and hold harmless Upward Seven and its members, employees, and contractors from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your content or data; (b) your misuse of the Services; (c) your violations of law or third-party rights; or (d) messaging you initiate or authorize.
17. Confidentiality
Each party may access confidential information of the other. The receiving party will protect it and use it only to perform under these Terms. This does not cover information that is public, independently developed, or rightfully obtained without confidentiality obligations.
18. Independent Contractor
We are an independent contractor. Nothing here creates a partnership, joint venture, or employment relationship.
19. Force Majeure
We are not liable for delays or failure to perform due to events beyond our reasonable control (e.g., outages, strikes, war, natural disasters, changes to third-party policies).
20. Assignment
You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
21. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of [Florida], without regard to conflicts of law rules.
Arbitration & Class-Action Waiver (optional; consult counsel): Any dispute will be resolved by binding arbitration on an individual basis in [Orange County, Florida] under the rules of [AAA/JAMS]. You waive participation in class or representative actions. If you prefer court jurisdiction instead of arbitration, delete this paragraph and state venue/courts.
22. Severability; Entire Agreement
If any provision is unenforceable, the remainder remains in effect. These Terms, together with your SOW/proposal and our Privacy Policy, are the entire agreement and supersede prior understandings.
23. Contact
Upward Seven LLC
[Business Address]
Email: hello@upwardseven.com
Phone: [###-###-####]