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FEATURED REVIEWS

“Upficient’s approach was not only highly professional but also tailored to our specific needs, ensuring that every aspect of the project was aligned with our growth objectives. ”

“Upficient brought creative ideas to the table while demonstrating a reliable understanding of exactly what we needed built.”

“Upficient revolutionized our operations with ClickUp, streamlining workflow and enhancing productivity in our growing digital marketing agency. Highly recommended!”

“Upficient delivered a fully customized ClickUp setup that perfectly matched our workflow needs, with every detail executed flawlessly. Huge thanks to Chris for his expertise and responsiveness - deliverables were not only spot-on but also delivered right on schedule.”

“Upficient’s approach was not only highly professional but also tailored to our specific needs, ensuring that every aspect of the project was aligned with our growth objectives. "

“Upficient brought creative ideas to the table while demonstrating a reliable understanding of exactly what we needed built.”

“Upficient revolutionized our operations with ClickUp, streamlining workflow and enhancing productivity in our growing digital marketing agency. Highly recommended! "

Tom, Lento Agency

(Argentina)

Kyle, Ekko Group

(Dubai)

Mieke, The Ola Agency

(CPT)

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Privacy Policy

Last Updated: 29 July 2025

Upficient LLC (“we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, store, and disclose your personal data when you interact with our website or services, in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the UK GDPR, and other applicable privacy laws.

By accessing or using our website (https://www.upficient.com), you acknowledge that you have read and understood this Policy and consent to our data practices as described herein.

1. Data Controller Information

Upficient LLC is the data controller of the personal data collected via this website and services.

Registered business address: 8 The Green, Suite A, Dover, Delaware 19901, United States

For all privacy-related queries, you may contact us at:
 📧 hello@upficient.com
 🌐 https://www.upficient.com

2. Information We Collect

We collect both personal information that you provide directly and usage data collected automatically.
2.1 Personal Data
This includes, but is not limited to:

  • Full name
  • Email address
  • Company name
  • Phone number
  • Billing or shipping address (where applicable)
  • Any other personal data provided voluntarily via forms, surveys, or direct correspondence

2.2 Usage Data
Collected automatically when you use the website:

  • IP address
  • Browser type and version
  • Operating system and device type
  • Date, time, and duration of visit
  • Pages visited and navigation paths
  • Referring/exit pages
  • Device identifiers and diagnostic data

2.3 Cookies and Tracking Technologies

We use cookies and similar tracking technologies to:

  • Store user preferences
  • Recognize returning visitors
  • Personalize content and offers
  • Measure traffic and performance
  • Deliver interest-based advertising

You can manage or disable cookies through your browser settings. Please note that disabling cookies may affect certain features of the Service.

You can also adjust your cookie preferences at any time through our Cookie Settings page, available here: Manage Cookie Settings.

We may use third-party services such as:

  • Google Analytics (analytics cookies)
  • Retention.com (marketing attribution)

You may opt out of Retention.com tracking at: https://app.retention.com/optout

3. How We Use Your Personal Data

We use your data only where a lawful basis under Article 6 of the GDPR applies. This includes:

  • To operate and improve the website and services
  • To respond to your inquiries or requests
  • To fulfill a contract (e.g. processing a purchase)
  • To send service-related communications (e.g. order confirmations)
  • To send marketing communications if you have consented
  • To monitor usage and improve performance
  • To comply with applicable legal obligations
  • To detect and prevent fraud or technical issues

4. Legal Basis for Processing (Applicable to EEA/UK Users)

We process your personal data based on the following lawful grounds:
  • Consent – Where you have provided explicit consent (e.g. to receive marketing communications)
  • Contractual Necessity – Where processing is required to enter into or perform a contract with you
  • Legitimate Interests – Where processing is necessary for our legitimate business interests (e.g. site optimization), provided your rights are not overridden
  • Legal Obligation – Where processing is required to comply with a legal obligation
You have the right to withdraw consent at any time.

5. International Data Transfers

Where your personal data is transferred outside the European Economic Area (EEA), including to the United States,we implement appropriate safeguards in accordance with Chapter V of the GDPR, such as:

  • Standard Contractual Clauses approved by the European Commission, or
  • Adequacy decisions where applicable

You may request a copy of these safeguards by contacting us at hello@upficient.com.

6. Marketing and Communication Preferences

By providing your email address or opting into downloadable resources, you consent to receive periodic marketing emails, product updates, offers, and relevant content from Upficient. These may include promotional emails, product updates, offers, and relevant educational content.

You may withdraw consent or manage your preferences at any time by:

    • Clicking the “unsubscribe” link at the bottom of any marketing email
    • Contacting us at hello@upficient.com

You have the right to object to processing of your personal data for direct marketing purposes at any time.

7. Data Retention

We retain your personal data only as long as necessary to fulfill the purposes outlined in this Policy, or as required by applicable law. We may retain specific data for longer periods for:

  • Legal compliance (e.g. tax, accounting, regulatory obligations)
  • Fraud prevention and dispute resolution
  • Enforcing our agreements

8. Data Security

We implement appropriate technical and organizational measures to protect personal data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.

However, no internet transmission or storage system is entirely secure. We cannot guarantee absolute security.

9. Your Rights Under the GDPR (and other applicable laws)

Depending on your jurisdiction, you may have the following rights:
  • Access to your personal data
  • Rectification of inaccurate or incomplete data
  • Erasure (“right to be forgotten”)
  • Restriction of processing
  • Objection to processing, including for direct marketing
  • Data portability
  • Withdrawal of consent (where applicable)
To exercise any of these rights, please email us at hello@upficient.com. We may require proof of identity to verify requests. If you are located in the EEA or UK, you also have the right to lodge a complaint with your local supervisory authority. A list of EU data protection authorities is available here.

10. Third-Party Services & Links

Our website may contain links to external websites or integrations with third-party tools. These services operate independently, and we do not control their privacy practices. We encourage you to review their privacy policies before providing any personal information.

11. Children's Privacy

Our website and services are not intended for individuals under 18 years of age. We do not knowingly collect personal data from minors. If you believe that we may have collected personal data from a child without appropriate consent, please contact us immediately and we will take steps to delete such data.

12. Updates to this Privacy Policy

We reserve the right to modify this Privacy Policy to reflect changes in legal, regulatory, or operational requirements. When we update the Policy, we will revise the “Last Updated” date at the top. You are encouraged to review this page periodically for the latest information.

We encourage you to periodically review this page to stay informed about how we handle your data. 

13. Contact Us

If you have any questions about this Privacy Policy, your rights, or our data practices, please contact us:

📧 Email: hello@upficient.com
 🌐 Website: https://www.upficient.com

Upficient (“we,” “our,” or “us”) operates the website https://www.upficient.com (the “Service”).

This Privacy Policy explains how we collect, use, store, and disclose your personal data when you use our website or engage with our services. By accessing or using the Service, you acknowledge that you have read and understood this Policy and consent to our data practices as described herein.

Upficient – Terms & Conditions of Purchase

1. Introduction

These Terms and Conditions (the “Agreement”) govern the purchase, access, and use of all digital products made available by Upficient, including without limitation individual ClickUp templates, the Premium subscription, and the Premium Plus subscription (collectively, the “Products”). By purchasing, subscribing to, accessing, or using any Product, you (“Customer”) acknowledge and agree to be bound by this Agreement.

2. Digital Product Nature

All Products sold by Upficient are digital in nature and are delivered electronically. No physical goods will be shipped.

3. ClickUp Plan Requirements

Use of Upficient templates requires an active ClickUp Business Plus or Enterprise subscription. Customers are solely responsible for ensuring they have the correct ClickUp plan before purchasing or using any Upficient Product. Upficient is not liable for incompatibility issues arising from the Customer’s ClickUp plan, and no refunds will be granted on the basis of incorrect ClickUp subscription levels.

4. Consideration and Fees

All fees for Products are as listed on Upficient’s website at the time of purchase and are payable in full at the time of order. Fees for digital products, including Premium and Premium Plus subscriptions, are non-refundable, except where required by law.

5. Refund Policy

Due to the digital nature of our Products, all sales are final and non-refundable once access has been granted. We do not offer refunds for individual template purchases, except in cases of duplicate transactions or a verifiable failure in delivery. It is the Customer’s responsibility to review all purchase details prior to completing the transaction.

Customers purchasing a Premium or Premium Plus Annual Subscription may request a cancellation and full refund within thirty (30) days of purchase, provided no Product has been used during that period.

For the purposes of this Policy, “Product use” shall include the download or receipt of any template, whether by:

  • Clicking a download, access, or request button,
  • Having the template appear in the Customer’s user template section, or
  • Otherwise receiving possession of the template, regardless of whether the file has been opened or applied.

If any Product use occurs during the subscription period, the transaction shall be deemed completed, and no refund will be granted. No refunds will be granted beyond the thirty (30) day period under any circumstances.

6. Subscription Terms (Annual)

Subscription payments for Premium and Premium Plus plans are billed in a single payment on an annual basis. Subscribers will receive an email notification in the eleventh (11th) month of their subscription term, reminding them of the upcoming renewal and providing instructions for cancellation should they choose not to renew. If the Subscriber does not cancel the subscription through their Upficient online profile prior to the renewal date, the subscription will renew automatically for an additional twelve (12) months, and the corresponding subscription fee will be charged.

It is the sole responsibility of the Subscriber to ensure that they monitor and check the email address associated with their Upficient account. Upficient shall not be held liable for any failure by the Subscriber to read, receive, or act upon the reminder email. Once a subscription has renewed, no refund, whether full or partial, shall be issued.

7. Automation Usage & ClickUp Plan Limitations

Upficient templates may include pre-configured automations supporting specific workflows at various levels of the workspace hierarchy within ClickUp. Use of these automations is subject to the automation action limits of the Customer’s ClickUp subscription plan, including but not limited to ClickUp Business Plus or Enterprise.

The Customer acknowledges that ClickUp enforces monthly automation action limits and that importing, activating, or using Upficient templates may increase automation usage. If these limits are exceeded, ClickUp may pause or restrict automations within the Customer’s workspace.

Upficient shall not be responsible for any automation limits being reached or exceeded, any paused or restricted automations, or any operational impact, data delays, or workflow interruptions resulting from ClickUp plan limitations.

The Customer is solely responsible for monitoring automation usage, reviewing and managing automations included in Upficient templates, and ensuring their ClickUp subscription level is appropriate for their intended use. No refunds, credits, or compensation will be issued due to automation limits, paused automations, or incompatibility with the Customer’s automation allowance.

8. Intellectual Property, Template Usage, Plagiarism & Resale Restrictions

All Products, including all templates, business operating systems, instructional materials, and related content (collectively, “Materials”), are and remain the sole intellectual property of Upficient. All rights, title, and interest in and to the Materials are reserved by Upficient. Customers are granted a non-exclusive, non-transferable license to use the Materials solely for their personal or internal business purposes. Redistribution, resale, sublicensing, or any unauthorized sharing of the Materials, whether in original or modified form, is strictly prohibited. Customization of templates is permitted for personal or internal business use only. Any act of plagiarism or misrepresentation of the Materials as your own work is strictly forbidden.

9. Enforcement & Remedies

Any unauthorized use, distribution, resale, or misrepresentation of the Materials constitutes a material breach of this Agreement. Upficient reserves the right to immediately suspend or terminate the Customer’s access to any Products without refund in the event of such breach. Upficient further reserves the right to pursue all remedies available at law or in equity, including but not limited to injunctive relief, monetary damages, and recovery of attorney’s fees and costs incurred in enforcing this Agreement.

10. Disclaimer of Guarantee

Upficient makes no guarantees regarding the results, performance, or outcomes that may be achieved through use of the Products. Effectiveness depends on a variety of factors outside of Upficient’s control, including the Customer’s own business practices and implementation. All Products are provided on an ‘as-is’ basis, without warranties of any kind, either express or implied.

11. Account Responsibility

You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. Sharing login access with others is strictly prohibited.

12. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. Any legal proceedings arising under this Agreement shall be brought exclusively in the state or federal courts located within the State of Delaware, and the parties hereby consent to the personal jurisdiction of such courts.

13. Dispute Resolution

13.1. Binding Arbitration (Primary Method):
Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, validity, interpretation, performance, breach, or termination, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration shall be in Dover, Delaware, United States, and the arbitration shall be conducted in English. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

13.2. Small-Claims Court Exception:
Notwithstanding the above, either party may elect to have a claim heard in a small claims court in Delaware, Unites States if the monetary amount in dispute qualifies for small-claims jurisdiction there. Election of this small claims option must be made in writing and filed during the applicable limitations period.

13.3. Waiver of Certain Legal Rights:
By agreeing to arbitration, both parties waive their right to try any dispute before a judge or jury, except in cases where small-claims court is invoked. The arbitrator shall have no authority to award punitive, exemplary, or non-monetary relief unless permitted under applicable law.

14. Force Majeure

Upficient shall not be liable or responsible for any failure or delay in performance caused by events beyond its reasonable control, including, but not limited to, acts of God, natural disasters, epidemics, war, civil unrest, governmental action, labor disputes, or failures of third-party systems.

15. Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Customers agree to indemnify and hold harmless Upficient from any claims, damages, or expenses (including reasonable legal fees) arising from their use or misuse of the Products. In no event shall Upficient be liable for any indirect, incidental, special, or consequential damages, including loss of profits or data, arising from the use of the Products.

16. Amendments

Upficient reserves the right to amend these Terms at any time. Any changes will be effective immediately upon posting on our website. Continued use of our Products after such changes constitutes your acceptance of the new Terms.

17. Contact

If you have any questions about these Terms or require support, please contact us at jerrica.rodriguez@upficient.com.

Privacy Policy

Last Updated: 29 July 2025

Upficient LLC (“we,” “our,” or “us”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, store, and disclose your personal data when you interact with our website or services, in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”), the UK GDPR, and other applicable privacy laws.

By accessing or using our website (https://www.upficient.com), you acknowledge that you have read and understood this Policy and consent to our data practices as described herein.

1. Data Controller Information

Upficient LLC is the data controller of the personal data collected via this website and services.

Registered business address: 8 The Green, Suite A, Dover, Delaware 19901, United States

For all privacy-related queries, you may contact us at:
 📧 hello@upficient.com
 🌐 https://www.upficient.com

2. Information We Collect

We collect both personal information that you provide directly and usage data collected automatically.
2.1 Personal Data
This includes, but is not limited to:

  • Full name
  • Email address
  • Company name
  • Phone number
  • Billing or shipping address (where applicable)
  • Any other personal data provided voluntarily via forms, surveys, or direct correspondence

2.2 Usage Data
Collected automatically when you use the website:

  • IP address
  • Browser type and version
  • Operating system and device type
  • Date, time, and duration of visit
  • Pages visited and navigation paths
  • Referring/exit pages
  • Device identifiers and diagnostic data

2.3 Cookies and Tracking Technologies
We use cookies and similar tracking technologies to:

  • Store user preferences
  • Recognize returning visitors
  • Personalize content and offers
  • Measure traffic and performance
  • Deliver interest-based advertising

You can manage or disable cookies through your browser settings. Please note that disabling cookies may affect certain features of the Service.

You can also adjust your cookie preferences at any time through our Cookie Settings page, available here: Manage Cookie Settings.
We may use third-party services such as:

  • Google Analytics (analytics cookies)
  • Retention.com (marketing attribution)

You may opt out of Retention.com tracking at: https://app.retention.com/optout

3. How We Use Your Personal Data

We use your data only where a lawful basis under Article 6 of the GDPR applies. This includes:

  • To operate and improve the website and services
  • To respond to your inquiries or requests
  • To fulfill a contract (e.g. processing a purchase)
  • To send service-related communications (e.g. order confirmations)
  • To send marketing communications if you have consented
  • To monitor usage and improve performance
  • To comply with applicable legal obligations
  • To detect and prevent fraud or technical issues

4. Legal Basis for Processing (Applicable to EEA/UK Users)

We process your personal data based on the following lawful grounds:
  • Consent – Where you have provided explicit consent (e.g. to receive marketing communications)
  • Contractual Necessity – Where processing is required to enter into or perform a contract with you
  • Legitimate Interests – Where processing is necessary for our legitimate business interests (e.g. site optimization), provided your rights are not overridden
  • Legal Obligation – Where processing is required to comply with a legal obligation
You have the right to withdraw consent at any time.

5. International Data Transfers

Where your personal data is transferred outside the European Economic Area (EEA), including to the United States,we implement appropriate safeguards in accordance with Chapter V of the GDPR, such as:

  • Standard Contractual Clauses approved by the European Commission, or
  • Adequacy decisions where applicable

You may request a copy of these safeguards by contacting us at hello@upficient.com.

6. Marketing and Communication Preferences

By providing your email address or opting into downloadable resources, you consent to receive periodic marketing emails, product updates, offers, and relevant content from Upficient. These may include promotional emails, product updates, offers, and relevant educational content.

You may withdraw consent or manage your preferences at any time by:

    • Clicking the “unsubscribe” link at the bottom of any marketing email
    • Contacting us at hello@upficient.com

You have the right to object to processing of your personal data for direct marketing purposes at any time.

7. Data Retention

We retain your personal data only as long as necessary to fulfill the purposes outlined in this Policy, or as required by applicable law. We may retain specific data for longer periods for:

  • Legal compliance (e.g. tax, accounting, regulatory obligations)
  • Fraud prevention and dispute resolution
  • Enforcing our agreements

8. Data Security

We implement appropriate technical and organizational measures to protect personal data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.

However, no internet transmission or storage system is entirely secure. We cannot guarantee absolute security.

9. Your Rights Under the GDPR (and other applicable laws)

Depending on your jurisdiction, you may have the following rights:
  • Access to your personal data
  • Rectification of inaccurate or incomplete data
  • Erasure (“right to be forgotten”)
  • Restriction of processing
  • Objection to processing, including for direct marketing
  • Data portability
  • Withdrawal of consent (where applicable)
To exercise any of these rights, please email us at hello@upficient.com. We may require proof of identity to verify requests. If you are located in the EEA or UK, you also have the right to lodge a complaint with your local supervisory authority. A list of EU data protection authorities is available here.

10. Third-Party Services & Links

Our website may contain links to external websites or integrations with third-party tools. These services operate independently, and we do not control their privacy practices. We encourage you to review their privacy policies before providing any personal information.

11. Children's Privacy

Our website and services are not intended for individuals under 18 years of age. We do not knowingly collect personal data from minors. If you believe that we may have collected personal data from a child without appropriate consent, please contact us immediately and we will take steps to delete such data.

12. Updates to this Privacy Policy

We reserve the right to modify this Privacy Policy to reflect changes in legal, regulatory, or operational requirements. When we update the Policy, we will revise the “Last Updated” date at the top. You are encouraged to review this page periodically for the latest information.

We encourage you to periodically review this page to stay informed about how we handle your data. 

13. Contact Us

If you have any questions about this Privacy Policy, your rights, or our data practices, please contact us:

📧 Email: hello@upficient.com
 🌐 Website: https://www.upficient.com

Upficient (“we,” “our,” or “us”) operates the website https://www.upficient.com (the “Service”).

This Privacy Policy explains how we collect, use, store, and disclose your personal data when you use our website or engage with our services. By accessing or using the Service, you acknowledge that you have read and understood this Policy and consent to our data practices as described herein.

Upficient – Terms & Conditions of Purchase

1. Introduction

These Terms and Conditions (the “Agreement”) govern the purchase, access, and use of all digital products made available by Upficient, including without limitation individual ClickUp templates, the Premium subscription, and the Premium Plus subscription (collectively, the “Products”). By purchasing, subscribing to, accessing, or using any Product, you (“Customer”) acknowledge and agree to be bound by this Agreement.

2. Digital Product Nature

All Products sold by Upficient are digital in nature and are delivered electronically. No physical goods will be shipped.

3. ClickUp Plan Requirements

Use of Upficient templates requires an active ClickUp Business Plus or Enterprise subscription. Customers are solely responsible for ensuring they have the correct ClickUp plan before purchasing or using any Upficient Product. Upficient is not liable for incompatibility issues arising from the Customer’s ClickUp plan, and no refunds will be granted on the basis of incorrect ClickUp subscription levels.

4. Consideration and Fees

All fees for Products are as listed on Upficient’s website at the time of purchase and are payable in full at the time of order. Fees for digital products, including Premium and Premium Plus subscriptions, are non-refundable, except where required by law.

5. Refund Policy

Due to the digital nature of our Products, all sales are final and non-refundable once access has been granted. We do not offer refunds for individual template purchases, except in cases of duplicate transactions or a verifiable failure in delivery. It is the Customer’s responsibility to review all purchase details prior to completing the transaction.

Customers purchasing a Premium or Premium Plus Annual Subscription may request a cancellation and full refund within thirty (30) days of purchase, provided no Product has been used during that period.

For the purposes of this Policy, “Product use” shall include the download or receipt of any template, whether by:

  • Clicking a download, access, or request button,
  • Having the template appear in the Customer’s user template section, or
  • Otherwise receiving possession of the template, regardless of whether the file has been opened or applied.

If any Product use occurs during the subscription period, the transaction shall be deemed completed, and no refund will be granted. No refunds will be granted beyond the thirty (30) day period under any circumstances.

6. Subscription Terms (Annual)

Subscription payments for Premium and Premium Plus plans are billed in a single payment on an annual basis. Subscribers will receive an email notification in the eleventh (11th) month of their subscription term, reminding them of the upcoming renewal and providing instructions for cancellation should they choose not to renew. If the Subscriber does not cancel the subscription through their Upficient online profile prior to the renewal date, the subscription will renew automatically for an additional twelve (12) months, and the corresponding subscription fee will be charged.

It is the sole responsibility of the Subscriber to ensure that they monitor and check the email address associated with their Upficient account. Upficient shall not be held liable for any failure by the Subscriber to read, receive, or act upon the reminder email. Once a subscription has renewed, no refund, whether full or partial, shall be issued.

7. Automation Usage & ClickUp Plan Limitations

Upficient templates may include pre-configured automations supporting specific workflows at various levels of the workspace hierarchy within ClickUp. Use of these automations is subject to the automation action limits of the Customer’s ClickUp subscription plan, including but not limited to ClickUp Business Plus or Enterprise.

The Customer acknowledges that ClickUp enforces monthly automation action limits and that importing, activating, or using Upficient templates may increase automation usage. If these limits are exceeded, ClickUp may pause or restrict automations within the Customer’s workspace.

Upficient shall not be responsible for any automation limits being reached or exceeded, any paused or restricted automations, or any operational impact, data delays, or workflow interruptions resulting from ClickUp plan limitations.

The Customer is solely responsible for monitoring automation usage, reviewing and managing automations included in Upficient templates, and ensuring their ClickUp subscription level is appropriate for their intended use. No refunds, credits, or compensation will be issued due to automation limits, paused automations, or incompatibility with the Customer’s automation allowance.

8. Intellectual Property, Template Usage, Plagiarism & Resale Restrictions

All Products, including all templates, business operating systems, instructional materials, and related content (collectively, “Materials”), are and remain the sole intellectual property of Upficient. All rights, title, and interest in and to the Materials are reserved by Upficient. Customers are granted a non-exclusive, non-transferable license to use the Materials solely for their personal or internal business purposes. Redistribution, resale, sublicensing, or any unauthorized sharing of the Materials, whether in original or modified form, is strictly prohibited. Customization of templates is permitted for personal or internal business use only. Any act of plagiarism or misrepresentation of the Materials as your own work is strictly forbidden.

9. Enforcement & Remedies

Any unauthorized use, distribution, resale, or misrepresentation of the Materials constitutes a material breach of this Agreement. Upficient reserves the right to immediately suspend or terminate the Customer’s access to any Products without refund in the event of such breach. Upficient further reserves the right to pursue all remedies available at law or in equity, including but not limited to injunctive relief, monetary damages, and recovery of attorney’s fees and costs incurred in enforcing this Agreement.

10. Disclaimer of Guarantee

Upficient makes no guarantees regarding the results, performance, or outcomes that may be achieved through use of the Products. Effectiveness depends on a variety of factors outside of Upficient’s control, including the Customer’s own business practices and implementation. All Products are provided on an ‘as-is’ basis, without warranties of any kind, either express or implied.

11. Account Responsibility

You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. Sharing login access with others is strictly prohibited.

12. Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. Any legal proceedings arising under this Agreement shall be brought exclusively in the state or federal courts located within the State of Delaware, and the parties hereby consent to the personal jurisdiction of such courts.

13. Dispute Resolution

13.1. Binding Arbitration (Primary Method):
Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, validity, interpretation, performance, breach, or termination, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration shall be in Dover, Delaware, United States, and the arbitration shall be conducted in English. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

13.2. Small-Claims Court Exception:
Notwithstanding the above, either party may elect to have a claim heard in a small claims court in Delaware, Unites States if the monetary amount in dispute qualifies for small-claims jurisdiction there. Election of this small claims option must be made in writing and filed during the applicable limitations period.

13.3. Waiver of Certain Legal Rights:
By agreeing to arbitration, both parties waive their right to try any dispute before a judge or jury, except in cases where small-claims court is invoked. The arbitrator shall have no authority to award punitive, exemplary, or non-monetary relief unless permitted under applicable law.

14. Force Majeure

Upficient shall not be liable or responsible for any failure or delay in performance caused by events beyond its reasonable control, including, but not limited to, acts of God, natural disasters, epidemics, war, civil unrest, governmental action, labor disputes, or failures of third-party systems.

15. Miscellaneous

If any provision of this Agreement is found to be unlawful, void, or unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Customers agree to indemnify and hold harmless Upficient from any claims, damages, or expenses (including reasonable legal fees) arising from their use or misuse of the Products. In no event shall Upficient be liable for any indirect, incidental, special, or consequential damages, including loss of profits or data, arising from the use of the Products.

16. Amendments

Upficient reserves the right to amend these Terms at any time. Any changes will be effective immediately upon posting on our website. Continued use of our Products after such changes constitutes your acceptance of the new Terms.

17. Contact

If you have any questions about these Terms or require support, please contact us at jerrica.rodriguez@upficient.com.

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