Last Modified: December 28, 2024
Welcome to the website operated by Upstack Data (“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”).
1.1 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.
2.1 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.
3.1 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
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.
4.1 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.
By using the Site, you agree not to:
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:
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.
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.
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.
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, including without limitation your breach of any of the representations and warranties above; (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.
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.
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.
13.1 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
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.
14.1 Entire Agreement
These Terms, along with any referenced policies (e.g., Privacy Policy, Refund Policy) and any applicable Customer Terms and Conditions, constitute the entire agreement between you and Upstack Data regarding the Site and supersede all prior or contemporaneous agreements, understandings, or communications.
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
Customer may not assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Company. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the assigning or delegating Party of any of its obligations hereunder. This Agreement is binding upon and inures 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, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the cause of such delay and to resume performance as soon as possible.
14.6 Publicity
Customer agrees that Company may use Customer’s name and logo in its sales and marketing materials, including but not limited to Company’s website, for the purposes of identifying Customer as a customer of Company.
14.7 No Solicitation
During the term hereof and for one (1) year thereafter, Customer will not solicit any employee or contractor of Company to terminate such individual or entity’s relationship with Company.
14.8 Notices
All notices required or permitted under this agreement must be delivered in writing, if to Company, by emailing legal@northbeam.io, and if to Customer, by emailing the Customer Point of Contact email address listed on the Cover Page, provided, however, that with respect to any notices relating to breaches of this agreement or termination, a copy of such notice will also be sent in writing to the other party at the address listed on the Cover Page by courier, by certified or registered mail (postage prepaid and return receipt requested), or by a nationally-recognized express mail service. Each party may change its email address and/or address for receipt of notice by giving notice of such change to the other party.
14.6 Contact Us
For questions or concerns about these Terms, the Site, or our Services, please contact us at:
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.