Terms of Service

Our Services

UpSpand provides managed websites, customer-management systems, lead organization, customer communications, follow-up automation, AI-assisted systems, consulting, digital-experience services, and related business services.

The exact services, deliverables, responsibilities, pricing, usage allowances, implementation schedule, support terms, and other requirements for a paid engagement are established in the applicable written agreement.

When a written client agreement conflicts with these general Terms regarding a paid engagement, the written client agreement controls.

Website Use

You agree to use our website and services lawfully.

You may not:

• Attempt to disrupt, damage, overload, or gain unauthorized access to our website, accounts, services, or connected systems.
• Circumvent security or access controls.
• Submit false, misleading, unlawful, infringing, or harmful information.
• Use our website or services to violate another person’s rights.
• Introduce malware, harmful code, or unauthorized automated activity.
• Copy, republish, sell, or exploit our website content without authorization.
• Use an UpSpand service for unlawful, deceptive, abusive, or unauthorized communications.

We may restrict or suspend access when reasonably necessary to protect the website, our services, our clients, or other users.

Information and Materials You Provide

You are responsible for the accuracy, legality, and appropriateness of information and materials you provide to UpSpand.

You represent that you have the rights and authority necessary for UpSpand to use materials you provide for the requested services.

You grant UpSpand permission to use, reproduce, adapt, transmit, and display those materials only as reasonably necessary to respond to your request, operate the applicable service, or perform an agreed engagement.

The ownership and permitted use of client content and deliverables created during a paid engagement are governed by the applicable written client agreement.

No Guaranteed Results

Websites, marketing systems, automation, AI systems, and business outcomes depend on numerous factors outside UpSpand’s control.

Unless expressly stated in a signed written agreement, UpSpand does not guarantee:

• Search rankings.
• Website traffic.
• Lead volume.
• Response rates.
• Appointments.
• Sales.
• Revenue.
• Conversion rates.
• Uptime.
• Error-free software or automation.
• Error-free AI output.
• Any particular business result.

Descriptions of intended benefits are not guarantees of outcomes.

SMS Messaging Terms

By affirmatively selecting an SMS consent option and providing your telephone number, you agree to receive the categories of messages described beside that consent option from Digital Realm Innovations LLC, doing business as UpSpand.

Depending on your selection, messages may include:

• Responses to inquiries.
• Appointment confirmations and reminders.
• Service, account, or customer-support updates.
• Educational or informational communications.
• Special offers, service announcements, or promotional messages.

Marketing and non-marketing consent choices are separate. You may agree to one, both, or neither.

Consent to receive marketing text messages is optional and is not a condition of purchasing any product or service.

Message frequency varies. Message and data rates may apply. Your wireless carrier’s standard messaging and data charges may apply.

You may cancel SMS communications at any time by replying STOP to the number that sent the message.

After receiving your STOP request, we may send one final message confirming that you have been unsubscribed. You will receive no additional messages from that messaging program unless you opt in again.

For assistance, reply HELP, email matt@upspand.com, or call 316-400-8442.

Wireless carriers are not responsible for delayed or undelivered messages. Message delivery depends on the availability and operation of wireless networks and related systems.

Our handling of personal information and SMS consent is described in our Privacy Policy: https://upspand.com/privacy-policy.

AI and Automated Features

UpSpand may use AI-assisted or automated systems within its website and services.

Depending on the approved implementation, these systems may help answer common questions, collect and organize inquiry information, route communications, support customer interactions, or perform specifically approved actions.

AI-generated and automated responses may be incomplete, incorrect, or unavailable. They are not a substitute for professional advice or human judgment.

Do not rely on automated output for legal, tax, accounting, medical, financial, safety, compliance, or other regulated decisions.

Do not provide unnecessary sensitive personal information through an AI-assisted interaction. When an interaction is uncertain, sensitive, or outside the approved scope, UpSpand may route it to a person.

The approved scope, actions, responsibilities, limitations, data practices, and human-escalation process for an AI system provided to a client are governed by the applicable written client agreement.

Intellectual Property

The UpSpand website, branding, designs, text, graphics, software, configuration methods, and other original content are owned by or licensed to Digital Realm Innovations LLC and are protected by applicable intellectual-property laws.

You may use the website for its intended informational and business purposes. You may not reproduce, republish, sell, distribute, create derivative works from, or commercially exploit protected UpSpand content without written authorization.

Client ownership and permitted use of domains, content, brand assets, business data, deliverables, platform configurations, and reusable implementation components are governed by the applicable written client agreement.

Third-Party Services

Our website and services may use or link to third-party platforms, software, communication providers, payment providers, hosting services, AI providers, and other external services.

UpSpand does not control the independent availability, content, security, operation, or practices of those third parties.

Your use of a third-party service may be subject to that provider’s terms, policies, availability, and technical limitations.

A third-party outage, restriction, policy change, or service failure may affect an UpSpand service.

Paid Engagements

Pricing displayed on the website represents starting prices for defined standard scopes unless expressly stated otherwise.

The applicable proposal or written client agreement establishes the final:

• Scope.
• Setup fee.
• Recurring charges.
• Usage charges.
• Payment schedule.
• Automatic-payment requirements.
• Revision allowance.
• Cancellation terms.
• Refund terms.
• Support responsibilities.
• Offboarding or transfer terms.

Website information does not modify a signed client agreement.

Disclaimer

The website and general informational materials are provided on an “as available” basis.

To the fullest extent permitted by law, UpSpand disclaims warranties that are not expressly included in a signed written agreement.

UpSpand does not warrant that the website, third-party platforms, automation, communications, or AI-assisted features will always be uninterrupted, error-free, accurate, or available.

Information provided through the website does not constitute legal, tax, accounting, medical, financial, safety, or compliance advice.

Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.

Limitation of Liability

To the fullest extent permitted by law, Digital Realm Innovations LLC and UpSpand will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of the website or services.

Limitations applying to a paid engagement are also subject to the applicable written client agreement.

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.

Indemnification

You agree to be responsible for losses, liabilities, or claims arising from:

• Your unlawful misuse of the website or services.
• Your violation of these Terms.
• Materials you submit without the necessary rights or authority.
• Your infringement of another party’s rights.
• Your use of an UpSpand service in violation of applicable law or an approved agreement.

This section applies only to the extent permitted by applicable law.

Suspension and Termination

We may suspend or terminate access to the website or an applicable service when reasonably necessary because of:

• A violation of these Terms or an applicable agreement.
• Unlawful, abusive, deceptive, or harmful conduct.
• A security risk.
• Unauthorized access or use.
• Nonpayment under an applicable agreement.
• A legal or platform requirement.

Termination of a paid service and any related data, access, payment, export, transfer, or offboarding obligations are governed by the applicable written client agreement.

Changes to These Terms

We may update these Terms periodically.

Updates will be posted on this page with a revised effective date. Continued use of the website after an update constitutes acceptance of the revised Terms.

Changes to a signed client agreement must be made according to that agreement.

Governing Law

These Terms are governed by the laws of the State of Kansas, without regard to conflict-of-law principles.

Any dispute concerning these Terms will be handled in a court with appropriate jurisdiction in Kansas unless an applicable written agreement provides otherwise.

Severability and No Waiver

If any provision of these Terms is determined to be unenforceable, the remaining provisions will remain in effect to the extent permitted by law.

A failure by UpSpand to enforce a provision of these Terms does not waive the right to enforce that provision later.

Entire Agreement and Priority

These Terms and the Privacy Policy govern general use of the UpSpand website.

A separate signed proposal, agreement, statement of work, or order may apply to a paid engagement. When that written agreement conflicts with these general Terms concerning the paid engagement, the written agreement controls.