UpSourced Terms of Service:
Client Accounts

Last Updated: 2nd February 2025
Website: https://upsourced.digital

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the UpSourced software-as-a-service platform (the “Service”) as a sub-account holder (“you” or “your”). By accessing or using the Service, you agree to these Terms. If you do not agree, you are not authorized to use the Service.

2. Description of the Service

UpSourced provides a suite of marketing, sales, and automation tools to help businesses manage customer interactions. Features may include, but are not limited to:

  • Contacts & customer management

  • Websites, funnels, and course portals

  • Workflow automation (excluding premium triggers/actions)

  • Social media scheduling

  • Calendars

  • Transaction processing

  • Communication tools such as email, SMS, and telephony

Features may be added, modified, or removed at our discretion.

3. Subscription Plans

Your subscription grants you access to features specified at checkout. Pricing is determined at the time of purchase.

4. Credits and Usage Fees

Certain services (e.g., email, SMS, calls, premium integrations) may incur additional usage-based fees. You are responsible for maintaining sufficient account balance to cover such fees. Unused credits do not roll over.

5. Additional Services

Optional services such as email verification, premium actions, or third-party integrations may be offered at additional cost. By enabling them, you accept responsibility for associated charges.

6. Data & Privacy

  • Ownership: You retain ownership of customer data you upload. UpSourced retains ownership of all platform IP, templates, and system configurations.

  • Processing: We may process data on your behalf in accordance with our Privacy Policy. You are responsible for ensuring compliance with all data protection laws applicable to your business (including GDPR and CCPA where relevant).

  • Storage & Deletion: On cancellation, data is permanently deleted within 72 hours unless otherwise required by law.

7. Account Termination, Suspension & Pausing

  • Termination by Us: We may suspend or terminate accounts for non-payment, violations of these Terms, unlawful activity, or misuse of the Service.

  • Cancellation by You: You may cancel at any time; no refunds are provided. Cancellation requests must be submitted via our official cancellation process.

  • Paused Accounts: A paused account option may be offered at a nominal fee, retaining data but suspending access.

8. Inactivity & Data Retention

If your account is inactive and unpaid for more than 90 days, all data will be permanently deleted.

9. Platform & Operations Continuity

UpSourced is built on enterprise-grade infrastructure. In the event UpSourced ceases operations, all account holders will have the opportunity to transfer their personal data to another platform provider. All reasonable efforts to facilitate the continuity will be afforded.

10. Prohibited Conduct

You agree not to:

  • Use the Service for unlawful, harmful, or fraudulent purposes.

  • Infringe on intellectual property or privacy rights.

  • Reverse engineer, decompile, or copy any part of the platform, including our automations and templates..

  • Circumvent payment obligations.

  • Use the Service to compete directly with UpSourced or its platform provider or onsell marketing and similar services to any third parties through your account.

11. Payments

  • Billing: Subscriptions renew automatically unless cancelled prior to renewal.

  • Taxes: You are responsible for all applicable taxes. GST is applied to Australian accounts.

  • Disputes: Billing disputes must be raised within 14 days.

  • Refunds: All payments for UpSourced are non-refundable.

  • Cancellations: All requests to cancel must be made in writing at least one (1) 28 day billing period in advance. Requests can only be made in writing by emailing us directly.

12. Service Availability & Disclaimers

The Service is provided “as is” without warranty. We do not guarantee uninterrupted uptime, error-free operation, or compatibility with all third-party tools.

13. Limitation of Liability

To the maximum extent permitted by law, UpSourced’s total liability to you will not exceed the amount paid by you for the Service in the month preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless UpSourced, its affiliates, employees, and partners from any claims, losses, or damages arising from your use of the Service or violation of these Terms.

15. Intellectual Property

  • All platform software, designs, templates, and content provided by UpSourced remain our intellectual property.

  • You may not distribute, resell, or replicate platform features outside your authorized sub-account use.

16. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of Australia. You agree to submit to the exclusive jurisdiction of the courts of Australia for resolution of any disputes arising from these Terms or your use of the Service.

17. Force Majeure

We are not liable for failure to perform due to causes beyond our control, such as natural disasters, strikes, or internet outages.

18. Changes to Terms

We may update these Terms at any time by posting a revised version on https://upsourced.digital