Terms of Service

Last Updated: July 1, 2026

These Terms of Service (“Terms”) apply to your access to and use of the website, products, software, marketing services, consulting services, automation services, funnels, websites, digital products, templates, training materials, communications, email/SMS services, CRM services, advertising management, SEO services, and other services provided by Up2Paar Marketing Inc. (“Up2Paar Marketing,” “we,” “our,” or “us”) through https://up2paarmarketing.com and any related platforms, portals, or service channels collectively referred to as the “Services.”

By accessing our website, purchasing our Services, creating an account, signing an agreement, submitting payment, downloading any materials, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access, purchase, or use our Services.

These Terms may be supplemented by additional written agreements, proposals, statements of work, invoices, order forms, or service-specific terms. If there is a conflict between these Terms and a signed written agreement between you and Up2Paar Marketing, the signed written agreement will control only for the specific services covered by that agreement.

If you have questions about these Terms, please contact us at:

Up2Paar Marketing Inc.
Website: https://up2paarmarketing.com
Email: support@up2paarmarketing.com

1. Eligibility and Authority

You must be at least 18 years old to access or use our Services. If you access, purchase, or use our Services on behalf of a business, organization, agency, practice, or other legal entity, you represent that you have authority to bind that entity to these Terms.

You agree that you are responsible for your own use of the Services and for the actions of anyone who accesses the Services through your account, login credentials, systems, or business.

2. Accounts, Access, and Security

Some Services may require account access, including but not limited to CRM systems, marketing platforms, websites, funnels, calendars, email accounts, social media accounts, advertising accounts, or third-party software.

You agree to provide accurate, complete, and current information. You are responsible for protecting your login credentials and for all activity that occurs under your account.

You agree to notify us promptly if you believe any account, login, password, integration, or system connected to the Services has been compromised.

We are not responsible for losses caused by unauthorized account access, weak passwords, shared credentials, third-party platform breaches, or failure to properly secure your own systems.

3. Electronic Communications

By using our Services, submitting a form, scheduling a call, making a purchase, or communicating with us electronically, you consent to receive communications from Up2Paar Marketing electronically, including by email, SMS, phone, platform messages, or notices posted on our website.

These communications may include account notices, service updates, billing notices, marketing messages, reminders, confirmations, and other transactional or promotional communications.

You may opt out of marketing communications where legally required, but you may still receive transactional or service-related communications.

4. Privacy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, disclose, and protect information.

Please review our Privacy Policy at:

https://up2paarmarketing.com/privacy-policy

If this URL is not yet active, you should create and publish a Privacy Policy before publishing these Terms.

5. Description of Services

Up2Paar Marketing provides digital marketing and business growth services that may include, but are not limited to:

Website design and optimization
Funnel creation
GoHighLevel / HighLevel CRM setup and automation
AI automation setup
SMS and email automation
Lead generation systems
Advertising strategy and campaign management
SEO services
Google Business Profile optimization
Social media marketing
Reputation and review management
Consulting and training
Digital products, templates, courses, and downloadable resources
Virtual assistant support and operational systems
Marketing analytics and reporting

The exact scope of Services will be described in the applicable proposal, invoice, order form, checkout page, service agreement, or written communication.

6. No Guaranteed Results

Marketing results vary based on many factors outside of our control, including your market, offer, pricing, competition, budget, website, sales process, follow-up speed, reputation, ad account history, compliance, platform changes, and customer demand.

Up2Paar Marketing does not guarantee specific results, rankings, leads, appointments, sales, revenue, profits, return on ad spend, search engine placement, social media reach, or business outcomes.

Any examples, testimonials, case studies, estimates, projections, or performance references are for illustrative purposes only and do not guarantee that you will achieve the same or similar results.

You understand that you are responsible for your own business decisions, sales process, fulfillment, customer service, compliance, and financial outcomes.

7. Client Responsibilities

You agree to cooperate reasonably with Up2Paar Marketing and provide timely access, materials, approvals, information, passwords, brand assets, content, offers, payment access, advertising accounts, domain access, website access, CRM access, compliance information, and any other items required to perform the Services.

Delays caused by missing access, delayed approvals, inaccurate information, platform restrictions, payment failures, or lack of client response may delay project timelines and do not excuse payment obligations.

You are responsible for reviewing and approving all content, campaigns, websites, funnels, emails, SMS messages, automations, advertisements, and other materials before they are published, launched, or sent.

8. Marketing Content and Client Materials

You may provide content, data, images, videos, logos, testimonials, reviews, brand assets, contact lists, customer information, website copy, offers, or other materials to be used in connection with the Services (“Client Materials”).

You represent and warrant that you own or have the necessary rights, permissions, licenses, consents, and approvals to provide and use all Client Materials.

You grant Up2Paar Marketing a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, publish, distribute, and otherwise use Client Materials solely as needed to provide the Services, promote your business, create marketing assets, manage campaigns, and fulfill our obligations.

You are solely responsible for the accuracy, legality, and compliance of all Client Materials and claims made in your marketing.

9. Contact Data, Leads, and Customer Information

If you provide customer lists, lead data, email addresses, phone numbers, or other personal information (“Contact Data”), you represent and warrant that you have the legal right, consent, permission, and lawful basis to use such Contact Data for marketing, communication, automation, and advertising purposes.

You are responsible for compliance with all applicable privacy, advertising, consumer protection, email, SMS, telemarketing, and data protection laws, including but not limited to CAN-SPAM, TCPA, GDPR, CCPA/CPRA, and other applicable federal, state, and international laws.

Up2Paar Marketing may use Contact Data only as needed to provide the Services, configure systems, troubleshoot issues, manage campaigns, deliver communications, or comply with legal obligations.

We are not responsible for claims arising from unlawful, outdated, purchased, scraped, non-consented, or improperly obtained contact lists provided by you.

10. SMS, Email, and Communication Compliance

If our Services include SMS, email, voice, ringless voicemail, AI phone agents, chat widgets, or automated follow-up systems, you are responsible for ensuring that all recipients have provided proper consent where required by law.

You agree not to use our Services to send spam, unlawful messages, misleading messages, deceptive offers, prohibited content, or communications to individuals who have opted out.

You are responsible for honoring unsubscribe requests, stop requests, do-not-call requests, opt-outs, and data deletion requests.

Up2Paar Marketing may suspend or disable messaging services if we believe your campaigns may violate applicable law, carrier rules, platform rules, or acceptable use requirements.

11. Advertising and Platform Compliance

If we provide advertising services, you acknowledge that campaigns may be subject to approval, rejection, suspension, limitation, or policy review by third-party platforms including Google, Meta, TikTok, YouTube, LinkedIn, Microsoft, GoHighLevel, email service providers, SMS carriers, payment processors, and other platforms.

We do not control third-party platform policies, approval decisions, algorithm changes, account restrictions, ad costs, lead quality, or campaign delivery.

You are responsible for ensuring that your offers, claims, testimonials, pricing, services, landing pages, disclosures, and business practices comply with all applicable laws and platform policies.

12. Prohibited Conduct

You agree not to use the Services to:

Violate any law, regulation, contract, intellectual property right, privacy right, or third-party right
Send spam or unauthorized marketing communications
Upload unlawful, false, misleading, defamatory, obscene, harassing, abusive, hateful, discriminatory, or harmful content
Impersonate another person or business
Misrepresent your identity, affiliation, qualifications, pricing, offers, results, or services
Use scraped, purchased, stolen, or unlawfully obtained contact lists
Interfere with, disrupt, damage, reverse engineer, copy, scrape, or misuse the Services
Attempt unauthorized access to any account, system, software, server, website, or platform
Use the Services for fraudulent, deceptive, illegal, or unethical business practices
Violate any third-party platform’s terms of service
Upload viruses, malware, harmful code, or destructive files
Use our content, templates, workflows, automations, copy, training, or systems for resale unless expressly authorized in writing

We reserve the right to refuse, suspend, or terminate Services for any conduct we believe violates these Terms or creates legal, operational, reputational, or financial risk.

13. Fees, Payments, and Billing

You agree to pay all fees described in the applicable invoice, checkout page, proposal, service agreement, subscription plan, or order form.

Fees may include setup fees, monthly fees, consulting fees, project fees, ad management fees, software fees, hosting fees, automation fees, template fees, digital product fees, or other service charges.

By providing a payment method, you authorize Up2Paar Marketing and/or our third-party payment processors to charge your payment method for all applicable fees, taxes, subscriptions, renewals, and other charges.

You agree to keep your payment information current and authorize us to retry failed payments.

Failure to pay may result in suspension, delayed delivery, removal of access, late fees, collections, termination of Services, or withholding of deliverables.

14. Subscriptions and Recurring Payments

Some Services are billed on a recurring basis, such as monthly, quarterly, annually, or another billing cycle.

By purchasing a recurring Service, you authorize Up2Paar Marketing or its payment processor to charge your payment method automatically until you cancel according to these Terms or the applicable agreement.

Unless otherwise stated in writing, subscriptions continue until canceled and are not canceled automatically due to inactivity, non-use, lack of login, lack of campaign activity, or lack of communication.

15. Cancellation

Cancellation terms may vary depending on your specific service agreement, proposal, or subscription.

Unless otherwise stated in writing, cancellation requests must be submitted in writing to Up2Paar Marketing before the next billing date.

Cancellation takes effect at the end of the then-current billing period. You remain responsible for all fees due through the effective cancellation date.

Inactivity, failure to use the Services, failure to provide materials, failure to approve deliverables, or failure to respond does not constitute cancellation.

We may require cancellation requests to be submitted by the account owner, business owner, or authorized representative.

16. Refund Policy

Unless otherwise stated in a written agreement signed by Up2Paar Marketing, all payments are non-refundable.

This includes setup fees, consulting fees, strategy fees, onboarding fees, digital products, templates, software setup, completed work, partially completed work, monthly retainers, subscription fees, ad management fees, and custom project fees.

Because our Services often involve time, labor, strategy, setup, access, intellectual property, and digital delivery, you agree that payments are earned when paid or when work begins, whichever occurs first.

No refunds will be provided due to lack of results, lack of usage, delayed client response, third-party platform issues, ad account restrictions, change of mind, business closure, or failure to provide requested access or materials.

17. Chargebacks and Payment Disputes

You agree to contact Up2Paar Marketing first to resolve any billing issue before initiating a chargeback or payment dispute.

Improper chargebacks may result in suspension or termination of Services, loss of access to deliverables, collections activity, recovery of chargeback fees, and recovery of reasonable attorney’s fees or collection costs where permitted by law.

You agree not to initiate a chargeback for Services that were authorized, delivered, partially delivered, started, or made available to you.

18. Third-Party Services and Software

Our Services may involve third-party tools, platforms, software, applications, plugins, hosting services, CRMs, payment processors, advertising platforms, analytics tools, AI tools, email providers, SMS providers, domain registrars, calendar tools, and other third-party services.

You understand that third-party services are governed by their own terms, policies, pricing, restrictions, availability, and limitations.

Up2Paar Marketing is not responsible for outages, bugs, data loss, pricing changes, account suspensions, policy changes, deliverability issues, or performance issues caused by third-party services.

You are responsible for maintaining any required third-party subscriptions, accounts, payment methods, licenses, and platform access unless otherwise stated in writing.

19. Intellectual Property

All Up2Paar Marketing content, systems, templates, processes, frameworks, automations, workflows, funnels, scripts, strategies, copy, designs, training materials, videos, documents, graphics, software configurations, and other materials created by or for Up2Paar Marketing are owned by Up2Paar Marketing or its licensors unless otherwise stated in writing.

Subject to full payment, we may grant you a limited, non-exclusive, non-transferable license to use deliverables created specifically for your business for your internal business purposes.

You may not resell, redistribute, sublicense, copy, publish, share, teach, transfer, reverse engineer, or commercially exploit our proprietary materials, templates, systems, workflows, training, or strategies without written permission.

We retain the right to reuse general knowledge, skills, ideas, methods, strategies, frameworks, templates, and non-confidential processes developed or used in connection with the Services.

20. Digital Products, Templates, and Courses

Digital products, templates, downloads, training materials, prompts, workflows, courses, blueprints, and similar products are provided for educational and informational purposes only.

You are responsible for implementing them correctly and ensuring they comply with your business, industry, laws, platform rules, and customer requirements.

Unless expressly stated otherwise, purchase of a digital product gives you a limited license for your own personal or internal business use only.

Digital products are non-refundable once purchased, accessed, downloaded, delivered, or made available.

21. Portfolio, Case Studies, and Publicity

Unless you notify us in writing that you do not consent, you grant Up2Paar Marketing permission to identify you or your business as a client and to use your business name, logo, website, screenshots, campaign examples, results, testimonials, or project summaries in our portfolio, marketing materials, website, social media, presentations, or case studies.

We will not knowingly disclose confidential information, private login credentials, or sensitive customer data in public materials.

22. Confidentiality

Each party may receive confidential or proprietary information from the other party.

Confidential information may include business plans, customer lists, login credentials, pricing, marketing strategies, financial information, trade secrets, processes, systems, and non-public information.

Each party agrees to use reasonable care to protect confidential information and not disclose it to third parties except as needed to provide the Services, comply with law, work with contractors or service providers, or as otherwise authorized.

Confidentiality obligations do not apply to information that is publicly available, already known, independently developed, lawfully received from another source, or required to be disclosed by law.

23. Contractors and Service Providers

Up2Paar Marketing may use employees, contractors, vendors, virtual assistants, specialists, software providers, or third-party service providers to perform or support the Services.

We remain responsible for managing our team, but we are not liable for third-party platform failures or client-provided access issues.

You authorize us to share information with contractors and service providers as reasonably necessary to perform the Services.

24. Service Timelines

Any timelines, launch dates, delivery dates, or completion estimates are good-faith estimates only unless expressly stated as guaranteed in a signed written agreement.

Timelines may change due to client delays, revisions, missing access, missing content, third-party platform issues, compliance reviews, technical problems, scope changes, payment delays, or other circumstances outside our control.

We are not responsible for business losses, missed opportunities, or damages caused by delays.

25. Revisions and Scope Changes

The scope of Services is limited to what is expressly included in the applicable proposal, invoice, agreement, or order form.

Additional work, revisions, new pages, new funnels, new automations, additional campaigns, custom integrations, strategy calls, content rewrites, troubleshooting, or requests outside the original scope may require additional fees.

We may decline or pause out-of-scope work until additional payment or written approval is received.

26. Copyright and Trademark Complaints

If you believe content on our website or Services infringes your copyright, trademark, or intellectual property rights, please contact us with:

Your name and contact information
Identification of the copyrighted or protected work
The URL or location of the allegedly infringing material
A statement that you have a good-faith belief the use is unauthorized
A statement that the information provided is accurate
Your physical or electronic signature

Send notices to:

support@up2paarmarketing.com

27. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, UP2PAAR MARKETING DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RELIABILITY.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, PROFITABLE, OR THAT ANY MARKETING CAMPAIGN, AUTOMATION, WEBSITE, FUNNEL, SEO STRATEGY, ADVERTISEMENT, OR BUSINESS SYSTEM WILL PRODUCE ANY SPECIFIC RESULT.

YOU USE THE SERVICES AT YOUR OWN RISK.

28. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UP2PAAR MARKETING AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, SERVICE PROVIDERS, AND PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, LOST LEADS, LOST SALES, BUSINESS INTERRUPTION, REPUTATIONAL DAMAGE, OR LOSS OF GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID TO UP2PAAR MARKETING FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THE CLAIM AROSE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

29. Indemnification

You agree to indemnify, defend, and hold harmless Up2Paar Marketing and its owners, officers, directors, employees, contractors, affiliates, agents, service providers, and partners from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or related to:

Your use of the Services
Your business, products, services, offers, or customers
Your Client Materials or Contact Data
Your violation of these Terms
Your violation of any law or third-party rights
Your advertising, email, SMS, telemarketing, privacy, or data practices
Your misuse of any third-party platform
Claims made by your customers, leads, patients, clients, or contacts

30. Data Transfer and Processing

By using the Services, you consent to the collection, processing, transfer, and storage of information in the United States and other locations where we or our service providers operate.

You acknowledge that privacy laws may differ from jurisdiction to jurisdiction.

31. Termination and Suspension

We may suspend or terminate your access to the Services at any time if:

You violate these Terms
You fail to pay required fees
You misuse the Services
You create legal, operational, platform, financial, or reputational risk
A third-party platform restricts or disables required access
We decide to discontinue a Service

Termination does not relieve you of payment obligations incurred before termination.

Upon termination, your access to certain systems, accounts, software, templates, automations, or deliverables may be removed unless otherwise agreed in writing.

32. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF.

You and Up2Paar Marketing agree to first attempt to resolve any dispute informally by contacting each other in writing.

If the dispute cannot be resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, payments, deliverables, or the relationship between you and Up2Paar Marketing will be resolved by binding arbitration, except that either party may bring an individual claim in small claims court if legally permitted.

Arbitration will be conducted on an individual basis only. You and Up2Paar Marketing waive any right to participate in a class action, class arbitration, collective action, or representative proceeding.

The arbitration will be conducted under the rules of a recognized arbitration provider selected by Up2Paar Marketing, unless otherwise required by law.

Any claim must be brought within one year after the claim arises, unless a longer period is required by applicable law.

This section does not prevent either party from seeking injunctive or equitable relief for intellectual property misuse, unauthorized access, confidentiality breaches, or misuse of proprietary materials.

33. Governing Law and Venue

These Terms and your use of the Services will be governed by the laws of the State of Tennessee, without regard to conflict-of-law principles, unless another governing law is required by a written agreement or applicable law.

Subject to the arbitration provision above, any dispute that may be heard in court will be brought in the state or federal courts located in Tennessee, and you consent to personal jurisdiction and venue in those courts.

34. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Last Updated” date above.

Your continued use of the Services after updated Terms are posted means you accept the revised Terms.

If you do not agree to the revised Terms, you must stop using the Services.

35. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

36. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent.

We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, sale of assets, restructuring, transfer of business, or by operation of law.

37. Entire Agreement

These Terms, together with any applicable Privacy Policy, proposal, invoice, order form, checkout terms, service agreement, or written agreement, constitute the entire agreement between you and Up2Paar Marketing regarding the Services.

Any failure by Up2Paar Marketing to enforce any provision of these Terms does not constitute a waiver of that provision.

38. Contact Information

If you have questions about these Terms, please contact us:

Up2Paar Marketing Inc.
Website: https://up2paarmarketing.com
Email: support@up2paarmarketing.com