Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Upsidia AI platform (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and Growth by Sabir Inc. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your acceptance of these Terms will be treated as acceptance by that organization.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that:

• You are at least 18 years of age.
• You have the legal capacity to enter into a binding agreement.
• You will comply with these Terms and all applicable laws and regulations.
• You have not been previously suspended or removed from the Service.

3. Description of Service

Upsidia AI is an e-commerce performance analysis platform that provides:

• Performance Analysis: Automated analysis of e-commerce store performance, including page speed, Core Web Vitals, and user experience metrics.
• Revenue Impact Insights: AI-powered estimates of revenue loss due to performance issues and recommendations for improvement.
• Competitive Benchmarking: Comparisons with other stores in your industry and niche.
• Technical Recommendations: Detailed, actionable fixes to improve store performance and conversion rates.
• Historical Tracking: Monitoring of performance metrics over time to track improvements.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Maintain the security of your account credentials.
• Notify us immediately of any unauthorized access to your account.

4.2 Account Responsibility

You are responsible for all activities that occur under your account. You agree not to:

• Share your account credentials with any third party.
• Use another person's account without permission.
• Create an account using false information or impersonating another person or entity.
• Create multiple accounts to circumvent service limitations.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, if we reasonably believe you have violated these Terms. You may also delete your account at any time by contacting us.

5. Subscription Plans and Billing

5.1 Subscription Plans

Upsidia AI offers multiple subscription tiers:

• Lite Plan: Entry-level access with basic features and limited brand analysis.
• Pro Plan: Enhanced features including more brand analyses, AI credits, and advanced insights.
• Max Plan: Unlimited brand analyses, priority support, and full access to all features.
• Founders Pro: Lifetime access with all Pro features (limited availability).

For current pricing and plan details, please visit our pricing page.

5.2 Billing and Payment

Subscription fees are charged in advance on a monthly or annual basis, depending on your selected plan. By subscribing to a paid plan, you agree to:

• Provide current, complete, and accurate billing information.
• Promptly update your payment information if it changes.
• Pay all charges at the prices in effect when the charges are incurred.
• Pay applicable taxes, if any.

All payments are processed securely through Stripe. We do not store complete credit card information on our servers.

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings or by contacting us.

5.4 Refunds and Cancellations

Our refund policy is detailed in our Refund Policy. Generally:

• You may cancel your subscription at any time, but you will not receive a refund for the current billing period.
• Your access to paid features will continue until the end of your current billing period.
• Special promotions and lifetime deals have their own specific refund terms.

5.5 Price Changes

We reserve the right to change our subscription fees at any time. We will provide you with reasonable advance notice of any price changes. If you do not agree to the price change, you may cancel your subscription before the change takes effect.

5.6 AI Credits

Certain features require AI credits. AI credits are included with subscription plans and can also be purchased separately as credit packs. AI credits:

• Do not expire as long as your subscription is active.
• Are non-refundable and non-transferable.
• Expire if your subscription is canceled or suspended.

6. Acceptable Use Policy

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

• Violate Laws: Use the Service in any way that violates applicable laws or regulations.
• Infringe Rights: Infringe or violate the intellectual property rights, privacy rights, or other rights of third parties.
• Unauthorized Access: Attempt to gain unauthorized access to any portion of the Service, other accounts, or computer systems or networks.
• Interfere with Service: Interfere with or disrupt the Service, servers, or networks connected to the Service.
• Reverse Engineer: Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service.
• Automated Access: Use any robot, spider, scraper, or other automated means to access the Service without our express written permission.
• Abuse Resources: Use the Service in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply with our Fair Use Policy.
• Resell Service: Resell, sublicense, or redistribute the Service without our express written consent.
• Malicious Code: Upload or transmit viruses, malware, or any other malicious code.
• Misleading Information: Submit false, inaccurate, or misleading information.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service, including all content, features, functionality, software, code, designs, graphics, text, and other materials, is owned by Growth by Sabir Inc. and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

"Upsidia," "Upsidia AI," "Rapid 2X," and our logos are trademarks or registered trademarks of Growth by Sabir Inc. You may not use these marks without our prior written permission.

7.2 Your Content

You retain ownership of any content, data, or information you submit to the Service ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and display Your Content solely for the purpose of providing and improving the Service.

You represent and warrant that:

• You own or have the necessary rights to submit Your Content.
• Your Content does not violate any third-party rights.
• Your Content does not contain any unlawful, harmful, or objectionable material.

7.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to you. We may use your feedback to improve the Service or develop new features.

8. AI-Generated Content

Upsidia AI uses artificial intelligence and machine learning models to generate performance insights, recommendations, and other content. You acknowledge and agree that:

• No Guarantee of Accuracy: AI-generated content is provided for informational purposes only and may not be accurate, complete, or suitable for your specific needs.
• Not Professional Advice: AI-generated insights and recommendations do not constitute professional advice. You should consult with qualified professionals before making business decisions.
• Your Responsibility: You are solely responsible for evaluating the accuracy, reliability, and applicability of AI-generated content.
• No Warranty: We make no warranties regarding the performance, results, or outcomes that may be achieved by implementing AI-generated recommendations.

For more information, please see our AI Disclaimer.

9. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

We use third-party service providers, including but not limited to:

• Stripe for payment processing
• Google for analytics and performance data
• A variety of third-party data providers for traffic and market insights
• Best-in-class mixed AI models for AI-powered analysis
• Cloud infrastructure providers for hosting and data storage

Your use of third-party services is subject to their respective terms and privacy policies.

10. Disclaimers and Warranties

10.1 "AS IS" Basis

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 No Guarantee of Results

We do not warrant that:

• The Service will meet your specific requirements.
• The Service will be uninterrupted, timely, secure, or error-free.
• The results, insights, or recommendations provided will be accurate, reliable, or lead to improved performance or revenue.
• Any errors in the Service will be corrected.

10.3 Revenue Estimates

Revenue loss estimates and revenue recovery projections are based on statistical models, industry averages, and AI analysis. Actual results may vary significantly based on numerous factors including your specific business, market conditions, implementation of recommendations, and other variables beyond our control.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GROWTH BY SABIR INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service.
• Any conduct or content of any third party on the Service.
• Any content obtained from the Service.
• Unauthorized access, use, or alteration of your content or data.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Growth by Sabir Inc., its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of or access to the Service.
• Your violation of these Terms.
• Your violation of any third-party right, including any intellectual property, privacy, or other proprietary right.
• Any claim that Your Content caused damage to a third party.

13. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

For information about how we handle GDPR, CCPA, and other privacy regulations, please review our Privacy Policy.

14. Modifications to the Service and Terms

14.1 Changes to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

14.2 Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email (if you have provided one) or by posting a notice on our platform prior to the changes becoming effective. We will also update the "Last updated" date at the top of these Terms.

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

15.2 Dispute Resolution

If you have any dispute with us, you agree to first contact us and attempt to resolve the dispute informally by providing a written notice that describes the facts and circumstances (including relevant documentation) and allows us 60 days to resolve the issue.

15.3 Arbitration

If we cannot resolve the dispute within 60 days, any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in New York, NY, and judgment on the arbitration award may be entered in any court having jurisdiction.

15.4 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (A) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Growth by Sabir Inc. regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.

16.3 Waiver

No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice.

16.5 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16.6 Survival

The following provisions will survive any termination of these Terms: Intellectual Property Rights, Disclaimers and Warranties, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, and General Provisions.

17. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us through our support form.