Terms & Conditions
The following Terms & Conditions apply when using any of Upbeater's Services.
1. Introduction
Welcome to Upbeater!
These Terms & Conditions (“Terms”) are owned and managed by Upbeater AB, org. nr. 559427-1271 (below “Upbeater”) and apply to all users of Upbeater’s services, including Human-AI Managers (collectively, the “Services”).
By accessing or using any of our Services, you confirm your understanding and acceptance of the Terms outlined here and our Privacy Policy (the “Privacy Policy”), which governs the handling of your personal data. If you do not agree, you may not use our Services.
Upbeater offers Human-AI Managers — done-for-you AI team members, combining human expertise and AI efficiency, that handle marketing and sales for small and mid-size companies:
- Marketing Maggie – Social media content creation & scheduling.
- Sales Sara – Lead generation & outreach.
These Terms apply to all users across all services unless otherwise stated in a specific service agreement.
We reserve the right, at our sole discretion and without prior notice, to modify the available products and services, and to adjust, suspend, or terminate any aspect of the Services. We are not liable to you or any third party for such changes. It is recommended to regularly review these Terms, as your continued use of our Services after updates indicates acceptance of the revisions.
For clarity, references to "Upbeater" include "Upbeater," "Upbeater.X," “Upbeater.com”, and our platform at “app.upbeater.com”.
Upbeater delivers these Services through our platform at app.upbeater.com, where you create an account, connect third-party accounts, and review and approve content.
2. Eligibility
3. USER RESPONSIBILITY
To ensure successful delivery of our Services, you agree to:
- Provide accurate and up-to-date information about your business, target audience, goals, and preferences.
- Respond to requests for input, feedback, or approvals in a timely manner.
- Abide by all guidelines, policies, workflows and recommendations provided by Upbeater or your assigned Human-AI Manager.
- You are responsible for keeping your account and password confidential, and you commit to taking responsibility for all activities carried out under your account or password. If there is any unauthorized use of your account or a security breach, you agree to promptly notify us.
- You may be required to create or provide access to certain third-party accounts (such as email platforms, social media tools, or scheduling software) to enable the full delivery of certain Services. Failure to provide necessary access or accurate information may limit Upbeater’s ability to effectively deliver the Services.
- We are not responsible for outcomes impacted by incorrect, incomplete, or outdated information you provide.
4. Service-Specific Terms
4.1 Human-AI Managers
Upbeater’s Human-AI Managers service provides a hybrid management solution, combining human expertise and AI-powered tools to support with:
- MARKETING MAGGIE: Social media content creation & scheduling https://upbeater.com/human-ai-managers/marketing-maggie/
- SALES SARA: Lead generation & outreach https://upbeater.com/human-ai-managers/sales-sara/
- The Service offers support and tools, but does not guarantee specific outcomes, including leads, clients, growth, revenue, or social media performance.
- AI tools are designed to assist with decision-making, content generation, lead generation and outreach, generated suggestions and content that require your review and final approval.
- Upbeater may update or modify the tools, techniques and methods used within the Service at any time.
- Our Human-AI Manager Service is a subscription service.
- Human-AI Manager subscriptions are available on a Month-to-Month Plan (billed monthly, no minimum term) or a 6-Month Commitment Plan (billed monthly at a discounted rate, with a minimum 6-month commitment). See Section 9 for the terms that apply to each.
- Prices are subject to change and the service may be canceled up to 5 days before the new payment period begins
- From time to time, we may offer new users discounted rates or other promotions to help users get started with the Human-AI Managers service.
5. PAYMENT TERMS
- Fees for paid Services are billed in advance, and outlined at:
- Human-AI Managers: https://upbeater.com/#pricing
- Subscription fees are billed in advance on a recurring basis until canceled.
- Promotional Pricing: Upbeater may offer promotional pricing, including but not limited to percentage discounts, limited-time pricing, or other special offers for new or returning users. Unless otherwise specified, discounted or promotional pricing applies only for the specified period and will automatically revert to standard pricing unless otherwise stated.
- Non-Refundable Fees: All fees, including subscription payments, are non-refundable, except as expressly required by applicable law.
- Payment Authorization: You authorize Upbeater to automatically charge your chosen payment method for all applicable fees and taxes, including recurring subscription fees.
- Currency: All fees are charged in Euro, unless otherwise specified at checkout.
6. DATA PRIVACY
- Upbeater collects and processes user data, including business information, social media account details, and communication preferences.
- By using our Services, you consent to the collection, processing, and use of your data for service delivery, marketing, and analytics.
- All data is handled in accordance with Upbeater’s Privacy Policy, which can be found at: https://upbeater.com/privacy-policy/
- You retain ownership of your data and content, but grant Upbeater a limited, non-exclusive license to use submitted content and data as necessary to deliver the Service.
7. INTELLECTUAL PROPERTY
- All tools, templates, AI workflows, and processes and strategies provided by Upbeater remain our exclusive property.
- You may not copy, resell, or redistribute any proprietary content systems, tools, materials, workflows, or strategies without written permission.
- Content ownership: Content created for you by the Service — including social media posts, outreach messages, and other AI-generated or human-reviewed materials — becomes your property once reviewed and approved, for your use in connection with your business. This does not include Upbeater’s underlying tools, templates, workflows, or strategies, which remain Upbeater’s property as described above.
8. Use of Third-Party Services
- Upbeater may rely on third-party tools, platforms, and services (“Third-Party Services”) to help deliver the Human-AI Managers service.
- In some cases, you may be required to create an account with, or provide access to, certain Third-Party Services (including email platforms, scheduling tools, social media platforms, and content creation tools) to enable full service delivery.
- While Upbeater selects these services carefully, Upbeater does not control or guarantee the performance, availability, security, or reliability of Third-Party Services, and disruptions, outages, or data loss caused by these services are beyond our control.
Your use of any Third-Party Services is subject to their own terms and policies, and Upbeater is not responsible for any content, data, or actions you take within those platforms.
9. Cancellations & Termination
- Subscriptions may be canceled up to 5 days before the new payment period begins via your customer portal or by contacting Upbeater support at [email protected]. Cancellations take effect at the end of the current billing period.
- Commitment Period (6-Month Plan): If you subscribe to the 6-Month Commitment Plan, you agree to a minimum term of 6 consecutive months (the “Commitment Period”), billed monthly in advance. Canceling before the end of the Commitment Period stops future access to the Service, but does not end your payment obligation: you remain liable for the fees for the remaining months of the Commitment Period, and Upbeater will continue to charge your payment method on the existing monthly schedule until those fees are paid in full.
- Renewal: At the end of the Commitment Period, your subscription automatically continues on a Month-to-Month Plan at Upbeater’s then-current standard monthly rate, unless you choose to start a new Commitment Period in advance. We will provide advance notice before this transition takes effect, in line with Section 11.
- Upbeater reserves the right to suspend or terminate accounts and access for non-payment, or if you breach these Terms or engage in misuse, abusive behavior, policy violations, or inappropriate conduct or fraudulent activity.
- Upon termination, your access to the paid Service will end immediately, and no refunds will be provided unless required by applicable law.
- Data retention & export: Following cancellation or termination, your account data and content remain accessible for 30 days, during which you may request an export by contacting us at contact@upbeater.com. After this period, Upbeater may permanently delete your account data and content.
10. LIMITATION OF LIABILITY
- All Services are provided on an "as-is" and "as-available" basis.
- Upbeater makes no guarantees of specific business results, including client acquisition, revenue, growth, or social media performance.
- Upbeater relies on certain Third-Party Services to support delivery of its Services. Upbeater is not responsible for failures, interruptions, errors, or data loss caused by Third-Party Services. Any liability arising from the use of Third-Party Services is expressly disclaimed.
- To the fullest extent allowed by law, Upbeater disclaims liability for indirect, incidental, or consequential damages, including but not limited to loss of profit or data, arising from your use of our Services.
11. Modifications to Terms and Pricing
- Upbeater reserves the right to update or modify these Terms, Service features, or pricing at any time. Significant changes will be communicated to users via email or platform notifications.
- Changes to fees will take effect at the start of your next billing period, with prior notice provided.
- Temporary promotions, discounts, and offers do not create a permanent right to discounted pricing, and Upbeater reserves the right to modify or withdraw such offers at any time.
- Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
12. General Provisions
- Force Majeure: Upbeater is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, internet or infrastructure outages, third-party service failures, or other events of force majeure.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Upbeater regarding the Services, and supersede any prior agreements or understandings.
- Assignment: Upbeater may assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without Upbeater’s prior written consent.
13. Governing Law & Jurisdiction
- These Terms are governed by the laws of Sweden
- Any disputes arising from these Terms will be resolved exclusively in the courts of Sweden, with a seat in Stockholm, unless otherwise required by law.
- The language of the proceedings shall be Swedish, or else, English.
14. Contact Us
For questions about these Terms, contact us at:
📧 [email protected]
🌐 www.upbeater.com
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