Terms & Conditions

Last Updated: 17/03/2025

1. Acceptance of Terms

By accessing or using the UpFlux.io website and services (“UpFlux.io” or the “Service”), you agree to be bound by these Terms of Use (“Terms”). These Terms constitute a legal agreement between UpFlux.io (referred to as “UpFlux”, “we”, “us”, or “our”) and you (the “User” or “you”). If you do not agree with these Terms, you must not use the Service. Your continued use of UpFlux.io after any updates to these Terms signifies your acceptance of the revised Terms.

2. Scope of Service

UpFlux.io provides an AI-powered sales prospecting service that helps identify and engage potential contacts or leads on your behalf. The Service’s scope is limited to assisting with prospecting activities such as finding contact information and automating outreach as described on our website or documentation. UpFlux.io does not guarantee any particular outcome (such as successful lead conversion or sales) from using the Service (see Section 7 below on No Guarantee of Success). We reserve the right to modify or discontinue any feature of the Service at any time, with or without notice, without incurring liability.

3. Eligibility

Use of UpFlux.io is limited to individuals who are at least 18 years old or entities/organizations who can form legally binding contracts. By using this Service, you represent that you are at least 18 (or the age of majority in your jurisdiction) and have the legal capacity to enter into this agreement. If you are using UpFlux.io on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity to these Terms. Users must ensure that all registration information provided is accurate and kept up to date. UpFlux may suspend or terminate access to the Service if we believe you are not eligible or have provided false information.

4. User Obligations and Acceptable Use

By using UpFlux.io, you agree to comply with the following obligations and any applicable laws and regulations. Users must:

* Use the Service Lawfully: You will use UpFlux.io only for legitimate business prospecting purposes and in compliance with all applicable laws (including anti-spam and data protection laws). You must not use the Service to engage in unlawful, fraudulent, or malicious activities.
* Provide Accurate Information: You are responsible for providing truthful, accurate, and current information in connection with your UpFlux.io account and prospecting activities. Do not impersonate any person or misrepresent your identity or affiliation when using the Service.
* Protect Account Access: You are responsible for maintaining the confidentiality of your account login credentials. All activities that occur under your account are your responsibility. If you suspect unauthorized use of your account, you must notify UpFlux immediately.
* Refrain from Misuse: You must not interfere with or disrupt the integrity or performance of UpFlux.io. This includes not attempting to hack, exploit vulnerabilities, overload, or flood the system, and not using the Service to transmit viruses or harmful code.
* Respect Intellectual Property: You shall not reverse-engineer, decompile, or otherwise attempt to derive the source code or underlying algorithms of the Service. You also agree not to resell, rent, or sublicense the Service or any data obtained through the Service to third parties without our prior written consent.

UpFlux reserves the right to monitor compliance and investigate any suspected breach of these obligations. Violation of this Section may result in suspension or termination of your access to the Service, and potential legal action.

5. Pricing and Subscription Payments

Pricing Model: UpFlux.io’s subscription fees are based on the number of contacts prospected per month through the Service. In other words, the price you pay corresponds to the volume of prospecting activities or the number of prospect contacts you engage with using UpFlux.io on a monthly basis. We will provide details of pricing plans (e.g. tiers of contact counts) on our website or ordering interface. By subscribing, you agree to pay the fees associated with the plan you select.
Quarterly Billing Cycle: All subscriptions are billed on a quarterly basis. This means you will be charged in advance for each three-month subscription period. Payment for the first quarter (minus any free trial period, described below) is due when you first subscribe, and will cover the initial three months of service after the trial. Thereafter, subscription renewals will automatically charge your provided payment method at the start of each subsequent quarterly period, unless you cancel the Service in accordance with Section 5. You authorize UpFlux.io (or its payment processor) to automatically charge the applicable subscription fee to your chosen payment method on the recurring quarterly schedule. All fees are quoted and must be paid in the indicated currency, and are exclusive of any taxes (such as VAT or sales tax) which, if applicable, will be added at checkout in accordance with applicable law.
Two-Week Free Trial (Grace Period): UpFlux.io offers a one-time two-week free trial period for new subscribers, which serves as a payment grace period. The free trial begins when you first sign up for the Service. During this two-week trial, you will not be charged any subscription fee, and you may use the Service’s features (subject to any trial usage limits we impose) to evaluate its suitability. If you cancel your account or subscription before the two-week trial period ends, you will owe nothing and your subscription will not continue. If you do not cancel by the end of the trial period, your subscription will automatically convert to a paid subscription and we will charge your payment method for the agreed quarterly subscription fee at that time. Only one free trial per customer is allowed. After the trial, all payments are due as scheduled, and our standard refund policy applies (see Refund Policy below).
Payment Obligations: You must ensure that your payment information (e.g. credit card details) is accurate and up to date. If a quarterly payment fails or cannot be processed, we will notify you and may attempt to re-process the payment. If payment is not received within a reasonable time, UpFlux may suspend or restrict your access to the Service until the account is brought current. You are responsible for any applicable currency conversion fees, bank charges, or other costs related to the processing of your payments. Except as expressly provided in our Refund Policy or required by law, all paid fees are non-cancellable and non-refundable once the two-week trial period has passed.

6. Intellectual Property and Proprietary Rights

All content, software, algorithms, and materials provided on or through UpFlux.io, including but not limited to text, logos, graphics, dashboards, and the underlying software code, are the intellectual property of UpFlux or its licensors, and are protected by copyright, trademark, trade secret, and other applicable intellectual property laws. UpFlux grants you a limited, revocable, non-exclusive, non-transferable license to use the Service and any outputs or data provided for your internal business use only, in accordance with these Terms.
You must not reproduce, distribute, modify, create derivative works from, publicly display, or publicly perform any part of the Service or its content except as permitted by UpFlux or by law. You may not remove or alter any copyright notices or proprietary legends contained on or in the Service. The “UpFlux” name, logo, and all related product and service names are our trademarks. This Agreement does not grant you any rights to use our trademarks without our prior written approval. We welcome feedback or suggestions you may provide about the Service, but please note that we may use such feedback without any obligation to you, and any improvements or modifications to the Service based on your feedback are owned by UpFlux.

7. Disclaimer of Warranties and No Guarantee of Success

AS-IS Service: UpFlux.io is provided on an “as is” and “as available” basis. While we strive to maintain a reliable and high-quality service, UpFlux makes no warranties or representations of any kind, express or implied, about the Service. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You assume all risk for any use of the Service and any results obtained from it.
No Guarantee of Prospecting Success: You acknowledge that UpFlux.io does not guarantee any particular results or success from your prospecting efforts using the Service. Prospecting outcomes (such as contacting leads, securing meetings, or closing sales) depend on many factors beyond UpFlux’s control, including the quality of your product or offering, market conditions, the accuracy of third-party data, and your own follow-up efforts. UpFlux makes no promise that use of the Service will result in obtaining any specific number of leads, conversions, sales, or business opportunities. Past performance or case studies are for illustrative purposes only and do not indicate future results. You are solely responsible for the results of your sales and marketing activities. UpFlux shall not be liable for any failure by you to achieve your desired outcomes.
No Other Warranties: No advice or information (oral or written) obtained by you from UpFlux or through the Service shall create any warranty not expressly stated in these Terms. You understand that any data or contacts provided through UpFlux.io are obtained from various sources and UpFlux does not guarantee the accuracy, completeness, or timeliness of any information or contact details furnished. Always independently verify critical information before relying on it for business decisions.

8. Limitation of Liability

To the maximum extent permitted by applicable law, UpFlux and its officers, directors, employees, agents, and affiliates shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, business opportunity, goodwill, or data, arising out of or related to your use of (or inability to use) the Service, even if we have been advised of the possibility of such damages. This limitation of liability applies to any claims arising from use of the Service, attendance at or inability to access the Service, or any representations or conduct of third parties on or through the Service.
In no event shall UpFlux’s total cumulative liability to you for all claims arising under or relating to these Terms or the Service exceed the amount of subscription fees actually paid by you to UpFlux in the twelve (12) months immediately preceding the event giving rise to the liability (or, if the duration of use has been less than 12 months, the total fees paid for your use of the Service to date). This limitation applies collectively to UpFlux, its affiliates, and their respective contractors and service providers.
Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law (for example, certain liabilities under applicable product liability or consumer protection laws). In such jurisdictions, our liability will be limited to the fullest extent permitted by law.
You acknowledge that the pricing of the Service reflects this allocation of risk and the limitation of liability specified herein. If you are dissatisfied with any aspect of the Service or these Terms, your sole and exclusive remedy is to stop using UpFlux.io.

9. Termination

Termination by User: You may cancel your UpFlux subscription at any time through your account settings or by contacting us in writing. If you cancel, you will continue to have access to the Service until the end of your current paid-up quarterly period (unless you are terminating within the free trial period, in which case cancellation takes effect immediately). Except as provided in our Refund Policy, no prorated refunds will be issued for early cancellation after the free trial.
Termination or Suspension by UpFlux: We reserve the right to suspend or terminate your access to UpFlux.io (or portions thereof) at any time, with or without notice, if you breach any provision of these Terms, if your payment is overdue, or if we determine such action is reasonably necessary to prevent harm to UpFlux or others. In cases of minor breaches, we will attempt to provide you with notice and an opportunity to resolve the issue before termination when feasible. Upon termination, your right to use the Service will immediately cease, and we may delete your account and data associated with it in accordance with our data retention policies and Privacy Policy.
Survival: All provisions of these Terms that by their nature should survive termination (such as accrued payment obligations, disclaimers of warranty, limitations of liability, indemnity, and governing law) shall survive the termination or expiration of your account or use of the Service.

10. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which UpFlux is established (without regard to its conflict of law principles). [For example: If UpFlux.io is operated by UpFlux, Inc. registered in Delaware, USA, then the laws of the State of Delaware, USA will govern.] By using the Service, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of UpFlux.io that cannot be resolved amicably shall be brought exclusively in the competent courts of the jurisdiction specified above. You consent to the personal jurisdiction of such courts. Notwithstanding this, you and UpFlux each retain the right to seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or misuse of data.
Local Legal Rights: We acknowledge that you may have additional consumer rights under your local laws; nothing in this Section is intended to limit your rights under those laws where applicable.

11. Miscellaneous

Entire Agreement: These Terms (together with the Privacy Policy and Refund Policy referenced herein) constitute the entire agreement between you and UpFlux regarding your use of the Service, and supersede any prior agreements or understandings (whether written or oral) relating to the same subject matter.
Changes to Terms: UpFlux may modify or update these Terms of Use from time to time. We will notify users of any material changes by posting the revised Terms on our website (and updating the “Last Updated” date at the top) or by other reasonable means. It is your responsibility to review the Terms periodically. If you do not agree to the updated Terms, you must stop using the Service. Your continued use of UpFlux.io after the effective date of the revised Terms will constitute your acceptance of the changes.
Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
Waiver: No waiver of any term or condition of these Terms by UpFlux shall be deemed a further or continuing waiver of such term or any other term, and any failure of UpFlux to enforce a right or provision under these Terms does not constitute a waiver of that right or provision.
Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without our prior written consent. UpFlux may freely assign these Terms and delegate any of its obligations to any affiliate or in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law. These Terms shall bind and inure to the benefit of the parties and their permitted successors and assigns.
Headings: Section headings in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions or concerns about these Terms of Use, please contact us at contact@upflux.io. By using UpFlux.io, you acknowledge that you have read, understood, and agree to these Terms of Use.