Terms of Service

These Terms of Service govern your use of Upbeat Sales (“Upbeat”, “we”, “us”). By creating an account you agree to these terms. If you don't agree, don't use the service.

You must be at least 18 and have the authority to bind the organization (school, studio, or business) you're signing up on behalf of. Upbeat is intended for music schools and similar lesson-based businesses; we may decline accounts that fall outside that fit.

• Keep your sign-in credentials confidential. You're responsible for activity under your account.
• You can invite team members from /dashboard/team. Owners can grant or revoke access at any time.
• Notify us at the contact below if you suspect unauthorized access.

• Pricing is $50 per month per organization, billed monthly via Stripe.
• New accounts include a 14-day free trial. No credit card required to start the trial. After the trial, automation is paused until a paid subscription begins.
• You can cancel anytime from /dashboard/settings → Billing. Cancellation takes effect at the end of the current billing period; we do not pro-rate refunds for partial months.
• We may change prices with 30 days' notice via email to the account owner. Continued use after the price change takes effect counts as acceptance.
• Failed payments may suspend the service. We'll email you before suspending and give a reasonable window to update billing.

You agree NOT to:

• Use Upbeat to send unsolicited marketing messages (i.e., to people who haven't inquired with your school or otherwise opted in).
• Use Upbeat to message minors directly. Parent/guardian inquiries on behalf of children are fine.
• Bypass our SMS guardrails: quiet hours (21:00–09:00 in the lead's timezone), the 8-hour frequency cap, or STOP-keyword opt-outs.
• Reverse-engineer, resell, or sublicense the service.
• Attempt to access another customer's data.
• Use the service for unlawful purposes or in jurisdictions where SMS marketing is restricted in ways you're not honoring.

We may suspend accounts that violate this section. Egregious violations may be terminated without notice.

• You own the lead data you import into Upbeat. We don't claim a license to it beyond what's needed to run the service for you.
• You're responsible for having a lawful basis to message your leads (TCPA, GDPR, CASL, or local equivalents). Upbeat's automated guardrails don't replace your obligations.
• You can export or delete your data at any time. See our Privacy Policy for details.

• Upbeat sends SMS via your connected texting account (Quo / OpenPhone) using your phone number. Carrier delivery is best-effort; we can't guarantee delivery of any individual message.
• Upbeat uses an LLM (Anthropic's Claude) to draft messages based on the school context, business profile, and lead history you provide. The model can occasionally produce unexpected output. The Approval Mode toggle in /dashboard/settings lets you review every draft before it sends.
• Some features depend on third-party services (Stripe, Quo, Mindbody, Calendly, Klaviyo, etc.). We're not responsible for outages or behavior changes in those services, but we'll work in good faith to keep integrations functional.

We may add, change, or remove features as the product evolves. We won't materially reduce the functionality you're paying for without notice. If we discontinue the service entirely, we'll give at least 60 days' notice and a way to export your data.

Upbeat is provided “as is”, without warranties beyond those required by law in your jurisdiction. To the maximum extent permitted by law, our liability for any claim arising from these terms or the service is limited to the amount you paid us in the 12 months before the claim arose.

We're not liable for indirect, incidental, or consequential damages — including lost profits, lost goodwill, or lost lead conversions — even if we've been told about the possibility of those losses.

You agree to defend and indemnify Upbeat against claims arising from (a) your violation of these terms, (b) your messaging of leads in ways that violate applicable law, and (c) the content you provide that we send on your behalf.

You can cancel anytime. We can suspend or terminate accounts that violate these terms, fail payment after notice, or pose a security or legal risk. On termination we delete your data per the Privacy Policy.

These terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. Disputes go to courts located in Delaware unless mandatory consumer-protection law in your jurisdiction says otherwise.

When we change these terms we update the “Last updated” date at the top. Material changes are announced via email at least 30 days before they take effect. Continuing to use the service after the effective date constitutes acceptance.

Questions: support@upbeatsales.com.