Terms of Service

1. Acceptance of Terms

By accessing or using UPMAX INC. ("Convertzap", "we", "us", or "our") and its associated services at convertzap.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not access or use the Service.

These Terms apply to all visitors, users, and others who access the Service. By creating an account, you represent that you are at least 18 years of age and that you have the legal authority to enter into these Terms on behalf of yourself or the organisation you represent.

2. Description of Service

Convertzap provides an AI-powered conversion asset platform for agencies and businesses, including landing page generation, survey builders, chat qualification funnels, analytics dashboards, white-label publishing tools, and related integrations (collectively, the "Service").

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. Account Registration

To access certain features you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Keep your password confidential and not share it with any third party.
• Notify us immediately at [email protected] of any unauthorised use of your account.
• Accept responsibility for all activities that occur under your account.

We reserve the right to terminate accounts that violate these Terms or that have been inactive for more than 24 months.

4. Subscription and Billing

Certain features of the Service are available on a subscription basis ("Subscription"). By selecting a Subscription, you agree to pay the applicable fees as described at /pricing.

• Billing cycle: Subscriptions are billed in advance on a monthly or annual basis depending on the plan selected.
• Payment processor: Payments are processed by Stripe. By providing payment details you agree to Stripe's Terms of Service.
• Cancellation: You may cancel at any time from the dashboard or by emailing [email protected]. Your subscription remains active until the end of the current billing period.
• 14-Day Money-Back Guarantee: If you are not satisfied with the Service, you may request a full refund of your most recent subscription payment within 14 days of the original charge by emailing [email protected] with the subject "Refund Request". One refund per customer; refunds are issued to the original payment method within 5–10 business days.
• Price changes: We will provide at least 30 days notice before increasing subscription fees. Continued use after the effective date constitutes acceptance.
• Taxes: Fees are exclusive of applicable taxes. You are responsible for all applicable sales, use, GST, VAT, or similar taxes.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Transmit or distribute spam, unsolicited commercial email, or phishing content.
• Upload or distribute malware, viruses, or any code designed to disrupt or damage systems.
• Scrape, crawl, or harvest data from the Service without our written consent.
• Impersonate any person or entity or falsely state your affiliation.
• Engage in any activity that interferes with or disrupts the Service or servers.
• Circumvent or disable any security or access-control features of the Service.
• Use the Service for any purpose that we determine, in our sole discretion, to be harmful, offensive, or contrary to the spirit of these Terms.

We reserve the right to immediately suspend or terminate your account for any violation of this section without prior notice or refund.

6. Intellectual Property

Your Content. You retain all ownership rights to the content you upload, publish, or create using the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, and display your User Content solely as necessary to operate and provide the Service.

Our Platform. The Service, including its software, design, code, AI models, and documentation, is owned by UPMAX INC. and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our prior written consent.

Feedback. If you provide us with feedback or suggestions, we may use them without any obligation to compensate you.

7. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason including if you breach these Terms. Upon termination, your right to use the Service ceases immediately.

You may terminate your account at any time by contacting us at [email protected] or through the account settings in the dashboard.

Upon termination, we will retain your data for up to 30 days before permanently deleting it, unless a longer retention period is required by law.

8. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPMAX INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

9. Indemnification

You agree to defend, indemnify, and hold harmless UPMAX INC. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of the Service in a manner not expressly authorised.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall first be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration administered by JAMS in Los Angeles County, California, except that either party may seek injunctive relief in a court of competent jurisdiction.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email to your registered address or by displaying a prominent notice in the Service at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

12. Contact

For questions about these Terms, contact us at:
UPMAX INC.
[email protected] · See our contact page for mailing address and phone.