Terms of Service

Welcome to the website operated by Eriksson Alt, Inc. (“Upstack Data,” “we,” “us,” or “our”). These Terms of Service (the “Agreement” or “Terms”) govern your use of our website and any related services (collectively, the “Site”). By accessing or using the Site, or by clicking a button or checking a box marked “I Agree” (or similar wording), you agree to be bound by these Terms and acknowledge that you have read and understood our Privacy Policy. If you do not agree, you may not use the Site. These Terms apply to all visitors, users, and others who access the Site (“Users”).

1. Acceptance of Terms

1.1 Eligibility

You must be at least 18 years old and capable of entering into a binding contract to access or use the Site. Any use of the Site by individuals under the age of 13 is strictly prohibited. By using our Site, you represent and warrant that you meet these requirements and that you agree to comply with all applicable laws and regulations.

1.2 Updates to This Agreement

We reserve the right to modify or update these Terms at any time. If we make significant changes, we will attempt to notify you by email or by posting a notice on our Site. Your continued use of the Site after any modifications constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must discontinue using the Site.

2. The Site

2.1 Overview

The Site provides information about Upstack Data's products and services, including data analytics, marketing performance, and software solutions (the “Services”). The Site may also allow you to request information, communicate with our team, or sign up for trial or paid versions of our Services.

2.2 Access Rights

Subject to these Terms, Upstack Data grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Site for your personal or internal business use. Any other use of the Site requires our prior written permission.

2.3 Site Availability & Changes

We reserve the right to modify, suspend, or discontinue the Site (or portions of it) without prior notice. We are not liable if any part of the Site is unavailable at any time or for any period. We may also impose usage limits or restrict your access to parts of the Site without notice or liability.

2.4 Monitoring

We reserve the right (but are not obligated) to monitor your access and use of the Site to ensure compliance with these Terms, to evaluate Site performance, and to maintain or improve our products and services.

3. Customer Terms and Conditions

3.1 Separate Customer Agreements

If you become a paying customer of Upstack Data, you may need to enter into separate customer-specific terms (e.g., a sales contract or subscription agreement) that set out additional legal and commercial details (“Customer Terms and Conditions”). If there is a conflict between such separate Customer Terms and Conditions and these Terms, the Customer Terms and Conditions will take precedence.

3.2 Subscription & Overage Billing

• Subscription Fees: Certain Upstack Data products are offered on a monthly subscription basis. Specific pricing, term lengths, usage limits, and payment schedules will be outlined during the sign-up process or in a separate agreement.
• Overages: If you exceed your allotted usage (e.g., based on total Shopify orders or another metric), additional charges may apply according to your plan's overage fees.
• Free Trial: We may offer a free trial. If you do not cancel before the trial ends, you will be charged for the selected plan starting at the trial's expiration date.

3.3 Refund Policy

Some plans may include a 60-day satisfaction guarantee; beyond that guarantee period, all subscription fees and overage charges are non-refundable. Please refer to our Refund Policy for more details.

4. Intellectual Property & Proprietary Rights

4.1 Upstack Data Content

All content on the Site, including text, graphics, logos, designs, software, and images, as well as any intellectual property or proprietary rights therein (“Upstack Data Content”), are owned by or licensed to Upstack Data. Except for the limited license granted in Section 2.2, nothing in these Terms should be construed as transferring or granting any right, title, or interest in Upstack Data Content to you.

4.2 Trademarks

All trademarks, service marks, and trade names are the property of Upstack Data or their respective owners. You may not use any trademark or service mark without our express, written permission.

4.3 User Content

If portions of the Site allow you to submit feedback, ideas, or other materials (collectively, “User Content”), you grant Upstack Data a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, and display your User Content in connection with providing or marketing the Site and the Services. You represent and warrant that you have all necessary rights to submit such User Content and that your submission does not violate the intellectual property or other rights of any third party.

4.4 Ideas & Feedback

Any ideas, suggestions, or feedback you submit to Upstack Data—such as ways to improve our Site, Services, or products—are entirely voluntary. By sharing feedback, you grant Upstack Data the right to use and incorporate that feedback without obligation or compensation to you.

5. Prohibited Activities

By using the Site, you agree not to:

• Violate Laws: Use the Site in a manner that violates any applicable local, state, national, or international laws or regulations.
• Disrupt or Abuse the Site: Interfere with the Site's proper operation, including activities like sending spam, transmitting malware, or attempting to overload servers.
• Unauthorized Access: Attempt to gain unauthorized access to any part of the Site or other systems connected to the Site through hacking, password mining, or any other illegitimate means.
• Scraping or Automated Use: Use any automated system (e.g., bots, spiders) to access the Site in a manner that sends more requests than humanly feasible to the Upstack Data servers.
• Reverse Engineering: Reverse engineer or decompile any part of the Site or Services, unless expressly permitted by law.
• Impersonation: Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
• Resale: Resell or otherwise exploit the Site or Upstack Data Content for commercial purposes without our express permission.

6. Generative AI Notice

Upstack Data may offer or integrate with third-party algorithms and tools that generate outputs (text, images, audio, etc.) based on user prompts or data (“Generative AI”). By using any Generative AI feature:

• Third-Party Providers: You acknowledge Generative AI may be provided by third parties, and Upstack Data is not responsible for their acts or omissions.
• Risks: You accept that Generative AI can produce inaccurate or biased outputs and may involve privacy or IP risks.
• No Warranty: Upstack Data provides Generative AI “as is,” with no express or implied warranties, including merchantability or fitness for a particular purpose.
• Indemnification: You agree to indemnify and hold Upstack Data harmless from any claims arising out of your use or misuse of Generative AI.

7. Privacy

Please review our Privacy Policy for information on how we collect, use, and share your personal information. By using our Site, you agree to our data practices as described in our Privacy Policy.

8. Security

Although we take reasonable measures to protect the security of your data, we cannot guarantee that unauthorized third parties will never defeat our security measures. You acknowledge that you provide your personal information at your own risk.

9. Third-Party Links & Services

The Site may contain links to third-party websites or services that are not owned or controlled by Upstack Data. We do not endorse or assume any responsibility for third-party content, products, or services. Accessing third-party links is at your own risk, and your use of any third-party site is subject to that site's own terms and policies.

10. Indemnification

You agree to defend, indemnify and hold harmless Upstack Data and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of confidentiality, privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content including without limitation misleading, false, or inaccurate information; (vi) your negligence or willful misconduct; or (vii) any other party's access and use of the Site with your unique username, password or other appropriate security code.

11. Disclaimer of Warranties

THE SITE AND ALL ASSOCIATED SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE AND ALL ASSOCIATED SERVICES AND PRODUCTS ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL ASSOCIATED SERVICES AND PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UPSTACK DATA OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, UPSTACK DATA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE UPSTACK DATA CONTENT, INCLUDING WITHOUT LIMITATION UPSTACK DATA CONTENT DERIVED FROM USER CONTENT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE AND ANY ASSOCIATED SERVICES AND PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.

FURTHER, UPSTACK DATA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED WEBSITE OR SERVICE, AND UPSTACK DATA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPSTACK DATA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE OR ANY PRODUCT OR SERVICE PROVIDED BY UPSTACK DATA. UNDER NO CIRCUMSTANCES WILL UPSTACK DATA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPSTACK DATA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR AUTOMATED RULES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE AND ANY ASSOCIATED SERVICES AND PRODUCTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL UPSTACK DATA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $200.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF UPSTACK DATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. Governing Law & Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed under the laws of the jurisdiction in which Upstack Data has its principal place of business, without regard to conflict of law principles.

13.2 Arbitration & Class Action Waiver

• Arbitration: Any dispute arising out of or relating to these Terms or the Site shall be resolved through binding arbitration conducted in English in a location Upstack Data determines. The arbitration shall be administered by a recognized arbitration organization under its rules and procedures.
• Class Action Waiver: You agree to resolve any disputes on an individual basis, and hereby waive any right to participate in a class action or representative lawsuit.
• Exceptions: Upstack Data may seek injunctive or equitable relief (e.g., for unauthorized use of its intellectual property) in any court of competent jurisdiction.

13.3 Venue

If for any reason a dispute proceeds in court rather than in arbitration, you consent to the exclusive jurisdiction and venue of the courts located in Florida.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any applicable Customer Terms and Conditions and our Privacy Policy, constitute the entire agreement between you and Upstack Data regarding the Site.

14.2 Severability

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

14.4 No Assignment

You may not assign any of your rights or delegate any of your obligations under these Terms, whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Upstack Data. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve you of any of your obligations hereunder. These Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

14.5 Force Majeure

Upstack Data shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of nature, war, terrorism, labor shortages or disputes, failures of utilities or the internet, or any other event beyond the control of such party.

14.6 Publicity

If you are a paying customer, you agree that Upstack Data may use your name and logo in its sales and marketing materials, including but not limited to Upstack Data's website, for the purposes of identifying you as a customer of Upstack Data.

14.7 No Solicitation

During the term of your use of the Services and for one (1) year thereafter, you will not solicit any employee or contractor of Upstack Data to terminate such individual or entity's relationship with Upstack Data.

14.8 Notices

All notices required or permitted under this agreement must be delivered in writing. Notices to Upstack Data should be sent by emailing legal@upstackdata.com. Notices to you will be sent to the email address associated with your account.

14.9 Contact Us

For questions or concerns about these Terms, the Site, or our Services, please contact us at:

Email: legal@upstackdata.com
Website: www.upstackdata.com

15. Definitions

The following definitions apply throughout these Terms of Service. Capitalized terms not defined here have the meanings given elsewhere in these Terms.

• “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means ownership of more than 50% of the voting securities or equivalent ownership interest.
• “Aggregated Data” means data derived from Customer Data that has been de-identified, anonymized, and aggregated such that it cannot reasonably be used to identify any individual or Customer.
• “API” means any application programming interface made available by Upstack Data as part of the Service, including any associated documentation, tools, and sample code.
• “Authorized User” means any individual who is authorized by Customer to access and use the Service on Customer's behalf, including Customer's employees, contractors, and agents.
• “Customer” means any individual or entity that subscribes to or otherwise accesses the Service as a paying or trial user.
• “Customer Data” means all data, content, and information that Customer or its Authorized Users submit, upload, transmit, or otherwise make available to the Service, including without limitation end-user personal information, order data, transaction records, behavioral data, advertising data, and any other data processed through the Service on Customer's behalf. Customer Data does not include Aggregated Data or Service Data.
• “Documentation” means the user guides, help documentation, API references, and other technical materials made available by Upstack Data that describe the features, functionality, and use of the Service, as updated from time to time.
• “End User” means any individual whose personal information is contained within Customer Data, including visitors to and customers of Customer's websites, applications, and online properties.
• “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals, and extensions thereof.
• “Order” means any ordering document, sign-up flow, or subscription page through which Customer subscribes to the Service, specifying the applicable plan, pricing, usage limits, and term.
• “Platform” or “Third-Party Platform” means any third-party service, platform, or application that integrates with or connects to the Service, including without limitation Shopify, WooCommerce, BigCommerce, Meta (Facebook), Google Ads, TikTok, Klaviyo, and similar platforms.
• “Service” means the Upstack Data identity resolution, server-side tracking, marketing attribution, and analytics platform, including all associated software, APIs, tools, dashboards, and features made available by Upstack Data to Customers, as described in the Documentation and as updated from time to time.
• “Service Data” means data generated by or collected through the operation of the Service itself, including usage logs, performance metrics, system diagnostics, and operational data. Service Data does not include Customer Data.
• “Site” means the websites operated by Upstack Data at www.upstackdata.com and app.upstackdata.com, and any successor or related websites.
• “Subscription Term” means the period during which Customer has an active subscription to the Service, as specified in the applicable Order.

16. Service License Grant

16.1 License to Use the Service

Subject to Customer's compliance with these Terms and payment of all applicable fees, Upstack Data grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Subscription Term to access and use the Service solely for Customer's internal business purposes in accordance with these Terms and the Documentation.

16.2 Authorized Users

Customer may permit its Authorized Users to access and use the Service on Customer's behalf, provided that Customer ensures all Authorized Users comply with these Terms. Customer is responsible for all acts and omissions of its Authorized Users, including any breach of these Terms. Customer shall not share login credentials among multiple individuals and shall maintain the confidentiality of all account credentials.

16.3 Usage Limits

The Service is subject to the usage limits specified in Customer's Order, which may include limits on the number of Shopify orders, tracked events, identified users, connected domains, or other metrics as applicable to Customer's plan. Upstack Data reserves the right to monitor usage and enforce these limits. If Customer exceeds its usage limits, the overage billing provisions in these Terms shall apply.

16.4 License Restrictions

Except as expressly permitted under these Terms, Customer shall not, and shall not permit any third party to:

• sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise make the Service available to any third party, except to Authorized Users as permitted herein;
• modify, translate, adapt, or create derivative works based upon the Service or any component thereof;
• reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code, algorithms, data models, or underlying ideas or structure of the Service, except to the extent expressly permitted by applicable law;
• access the Service in order to build a competitive product or service, or copy any features, functionality, or user interface of the Service;
• use the Service to process data on behalf of any third party other than Customer's own End Users in the ordinary course of Customer's business;
• remove, alter, or obscure any proprietary notices, labels, or marks on the Service or Documentation;
• use the Service in any manner that violates applicable laws, regulations, or third-party rights, including without limitation data protection and privacy laws; or
• interfere with or disrupt the integrity or performance of the Service or any data contained therein.

16.5 Upstack Data's Proprietary Rights

As between the parties, Upstack Data and its licensors own and retain all right, title, and interest in and to the Service, the Documentation, and all related technology, including all Intellectual Property Rights therein. No rights are granted to Customer other than as expressly set forth in these Terms. Upstack Data reserves all rights not expressly granted.

16.6 Service Updates

Upstack Data may, in its sole discretion, update, modify, or enhance the Service from time to time. Upstack Data will use commercially reasonable efforts to notify Customer of material changes to the Service that may adversely affect Customer's use. Upstack Data shall not be liable for any modification, suspension, or discontinuation of any feature or functionality of the Service.

17. Customer Data

17.1 Ownership of Customer Data

As between the parties, Customer retains all right, title, and interest in and to Customer Data. Nothing in these Terms transfers or assigns any ownership interest in Customer Data to Upstack Data.

17.2 License to Customer Data

Customer grants Upstack Data a non-exclusive, worldwide, royalty-free license to access, collect, use, process, store, transmit, and display Customer Data solely as necessary to provide, maintain, and improve the Service, to comply with applicable law, and to enforce these Terms. This license survives termination solely to the extent necessary for Upstack Data to complete any post-termination obligations described herein.

17.3 Customer's Responsibilities for Customer Data

Customer represents, warrants, and covenants that:

• Customer has obtained all necessary rights, consents, and authorizations from End Users and other relevant parties to collect, transmit, and process Customer Data through the Service, including any consents required under applicable data protection and privacy laws;
• Customer's use of the Service and its collection, transmission, and processing of Customer Data complies with all applicable laws, regulations, and industry standards, including without limitation the CCPA, CPRA, GDPR, and any other applicable data protection laws;
• Customer's privacy policy accurately and completely describes its data collection and sharing practices, including its use of the Service;
• Customer Data does not and will not infringe, misappropriate, or otherwise violate the Intellectual Property Rights or other rights of any third party;
• Customer shall not transmit any data to the Service that Customer does not have the right to collect and process, including sensitive personal information unless expressly supported by the Service and permitted under applicable law; and
• Customer is solely responsible for the accuracy, quality, legality, and appropriateness of all Customer Data.

17.4 Aggregated and De-Identified Data

Upstack Data may create Aggregated Data from Customer Data. Upstack Data owns all Aggregated Data and may use it for any lawful purpose, including to analyze trends, improve the Service, develop new products and features, create benchmarking reports, and for other business purposes. Aggregated Data will not identify Customer or any individual End User.

17.5 Data Processing

To the extent that Upstack Data processes personal information on behalf of Customer as a data processor (or service provider under applicable law), such processing shall be governed by Upstack Data's Data Processing Addendum (“DPA”), which is incorporated into these Terms by reference. In the event of a conflict between these Terms and the DPA with respect to the processing of personal information, the DPA shall control.

17.6 Data Retention During Subscription

During the Subscription Term, Upstack Data will retain Customer Data in accordance with the retention settings and policies applicable to Customer's plan. Customer acknowledges that the Service may retain Customer Data for varying periods depending on the data type, feature, and plan level.

17.7 Data Deletion Upon Termination

Upon termination or expiration of the Subscription Term, Upstack Data will retain Customer Data for a period of thirty (30) days (the “Post-Termination Period”) during which Customer may request export of its Customer Data. Following the Post-Termination Period, Upstack Data will delete or anonymize Customer Data within sixty (60) days, except to the extent that retention is required by applicable law or necessary to resolve pending disputes.

17.8 Data Security Incident Notification

In the event Upstack Data becomes aware of a security incident that results in the unauthorized access, disclosure, or loss of Customer Data (a “Data Security Incident”), Upstack Data will: (a) notify Customer without undue delay and in any event within seventy-two (72) hours of becoming aware of the incident; (b) take reasonable steps to contain and investigate the incident; (c) provide Customer with information about the nature of the incident, the types of data affected, and the measures taken or proposed to address the incident; and (d) cooperate with Customer in fulfilling any applicable breach notification obligations.

18. Data Security

18.1 Security Measures

Upstack Data maintains administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, and destruction. These safeguards include, without limitation:

• Encryption of Customer Data in transit (TLS 1.2 or higher) and at rest;
• Access controls that limit access to Customer Data to authorized personnel on a need-to-know basis;
• Regular security assessments, vulnerability scanning, and penetration testing;
• Secure software development practices;
• Employee security awareness training; and
• Incident response and business continuity planning.

18.2 Infrastructure

The Service is hosted on industry-standard cloud infrastructure (currently Amazon Web Services). Upstack Data leverages the security certifications and controls of its hosting providers but remains responsible for the security of the Service application layer and Customer Data processing.

18.3 Customer Security Obligations

Customer is responsible for maintaining the security of its own systems, accounts, and credentials, including: maintaining strong, unique passwords; promptly notifying Upstack Data of any suspected unauthorized access; ensuring that Customer's systems and integrations meet reasonable security standards; and implementing appropriate access controls within Customer's own organization.

18.4 No Absolute Security Guarantee

While Upstack Data uses commercially reasonable efforts to protect Customer Data, no method of electronic transmission or storage is completely secure. Customer acknowledges that Upstack Data cannot guarantee absolute security and that Customer transmits data to the Service at its own risk.

19. Termination & Suspension

19.1 Termination by Customer

Customer may terminate its subscription at any time by providing written notice to Upstack Data at legal@upstackdata.com or through the account management interface within the Service. Termination will be effective at the end of the current billing period.

19.2 Termination by Upstack Data

Upstack Data may terminate or suspend Customer's access to the Service, in whole or in part, immediately upon written notice if:

• Customer breaches any material term of these Terms and fails to cure such breach within fifteen (15) days after receiving written notice thereof;
• Customer fails to pay any fees when due and such failure continues for ten (10) days after written notice of non-payment;
• Customer becomes the subject of a petition in bankruptcy, insolvency, receivership, or similar proceedings;
• Customer's use of the Service poses a security risk to the Service or any third party, or may subject Upstack Data to liability; or
• required by law or by a Third-Party Platform whose services are necessary for the operation of the Service.

19.3 Suspension

Upstack Data may temporarily suspend Customer's access to the Service without prior notice if: (a) there is a threat or attack on the Service infrastructure; (b) Customer's use of the Service disrupts or poses a risk to the Service, other customers, or third parties; (c) Customer is using the Service for fraudulent or illegal activity; or (d) Upstack Data is required to do so by law or a regulatory authority. Upstack Data will use commercially reasonable efforts to notify Customer promptly of any suspension and to restore access as soon as reasonably practicable.

19.4 Effects of Termination

Upon termination or expiration of the Subscription Term: all rights and licenses granted to Customer under these Terms will immediately cease; Customer shall immediately cease all use of the Service and remove any Upstack Data code, pixels, or scripts from Customer's properties; Customer Data will be handled in accordance with Section 17.7; any outstanding fees owed by Customer shall become immediately due and payable; and each party shall return or destroy any Confidential Information of the other party in its possession, except as required by law.

19.5 Survival

The following provisions shall survive any termination or expiration of these Terms: Definitions, Intellectual Property & Proprietary Rights, Customer Data (to the extent necessary to fulfill post-termination obligations), Indemnification, Disclaimer of Warranties, Limitation of Liability, Governing Law & Dispute Resolution, and any other provisions that by their nature should survive.

20. Data Accuracy & Attribution Disclaimer

20.1 Attribution Data as Estimates

Customer acknowledges and agrees that the attribution data, analytics, reports, and insights provided by the Service (collectively, “Attribution Outputs”) are estimates based on the data available to the Service and the methodologies employed. Attribution Outputs are intended to assist Customer in understanding marketing performance and are not guarantees of accuracy or completeness. Actual results may vary due to factors including incomplete or inaccurate data, privacy-related data limitations, changes to Third-Party Platform APIs, delays in data processing, limitations inherent in statistical modeling and identity resolution, and the volume, quality, and completeness of Customer Data.

20.2 No Reliance on Attribution for Business Decisions

Customer acknowledges that Attribution Outputs should be used as one of multiple inputs when making business, marketing, and advertising spend decisions. Upstack Data expressly disclaims any liability for business decisions made by Customer in reliance on Attribution Outputs, including without limitation decisions regarding advertising spend allocation, campaign optimization, budget planning, or personnel decisions.

20.3 Identity Resolution Limitations

The Service's identity resolution capabilities are probabilistic in nature and depend on the availability and quality of data signals. Customer acknowledges that identity resolution may not achieve 100% accuracy and that match rates may vary. Upstack Data does not guarantee any specific match rate or identity resolution accuracy.

20.4 Data Discrepancies

Customer acknowledges that data reported by the Service may differ from data reported by Third-Party Platforms, Customer's own analytics tools, or other third-party analytics services. Upstack Data is not responsible for resolving discrepancies between the Service and third-party data sources.

20.5 Continuous Improvement

Upstack Data continually works to improve the accuracy and reliability of the Service. However, changes to attribution models, identity resolution algorithms, or data processing methodologies may result in changes to historical Attribution Outputs. Customer acknowledges that historical data may be recalculated or adjusted as the Service evolves.

21. API & Integration Terms

21.1 Third-Party Platform Integrations

The Service integrates with various Third-Party Platforms to collect, process, and analyze Customer Data. Customer acknowledges and agrees that: Customer is solely responsible for maintaining valid accounts and permissions on all Third-Party Platforms; the availability and data provided by Third-Party Platforms are outside of Upstack Data's control; Third-Party Platforms may change their APIs, data availability, or terms at any time; Customer's use of Third-Party Platforms is subject to those platforms' own terms; and Upstack Data may modify or discontinue integrations with specific Third-Party Platforms at any time.

21.2 API Access and Use

Where Upstack Data provides API access as part of the Service: Customer's use of the API is subject to these Terms, the Documentation, and any additional API-specific terms or rate limits; Customer shall not exceed applicable rate limits or usage restrictions; Customer shall not use the API to build competitive products; Upstack Data may modify or deprecate API endpoints with reasonable notice; and Customer is responsible for the security of its API keys and tokens.

21.3 Tracking Code Implementation

The Service may require Customer to install tracking code, pixels, scripts, or similar technology (“Tracking Code”) on Customer's websites, applications, or other online properties. Customer is solely responsible for the proper installation, configuration, and maintenance of Tracking Code in accordance with the Documentation; incorrect implementation may result in incomplete or inaccurate data collection; Customer is responsible for disclosing the use of Tracking Code in its privacy policy and obtaining any required consents; and Upstack Data may update Tracking Code from time to time.

21.4 Platform-Specific Compliance

Customer shall comply with all applicable Third-Party Platform policies when using the Service in connection with such platforms, including without limitation Meta's Business Tools Terms, Google's API Services User Data Policy, and any similar platform-specific data use policies. Upstack Data is not responsible for Customer's compliance with Third-Party Platform policies.

22. Data Export & Portability

22.1 Data Export During Subscription

During the Subscription Term, Customer may export Customer Data from the Service using the export features available within the Service or through the API, subject to the capabilities and limitations of Customer's plan. Upstack Data will make commercially reasonable efforts to provide Customer Data in commonly used, machine-readable formats (such as CSV or JSON).

22.2 Data Export Upon Termination

Upon termination or expiration of the Subscription Term, Customer may request export of its Customer Data during the Post-Termination Period described in Section 17.7. Export requests should be submitted to support@upstackdata.com. Upstack Data will use commercially reasonable efforts to provide the requested data within fifteen (15) business days. Upstack Data may charge a reasonable fee for data export assistance that exceeds the standard export capabilities of the Service.

22.3 Format and Scope

Data exports will include Customer Data in the formats and scope available through the Service's standard export capabilities at the time of the request. Upstack Data is not obligated to provide data in custom formats, to provide data that was not collected or retained by the Service, or to provide Aggregated Data, Service Data, or Upstack Data's proprietary analytics models or algorithms.

22.4 No Obligation to Maintain Export Compatibility

While Upstack Data endeavors to support data portability, Upstack Data does not guarantee that exported data will be compatible with any specific third-party service, platform, or tool. Customer is responsible for any data transformation or migration required after export.

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, please stop using our Site immediately.