Upmetrics

Terms & Policies

Last Updated: May 1, 2026

These Terms of Service (the "Terms") form a binding agreement (the "Agreement") between you ("you" or "Customer") and Upmetrics, Inc. ("Upmetrics", "we", "us", or "our"), a Delaware corporation. They govern your access to and use of the Upmetrics website, web and mobile applications, and any related services we provide (collectively, the "Services").

If you are accessing or using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" and "Customer" refer to that entity.

BY CREATING AN ACCOUNT, CLICKING TO ACCEPT, OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, OUR ACCEPTABLE USE POLICY, AND ALL OTHER POLICIES REFERENCED IN THESE TERMS. THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (SECTION 17). PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

1. Definitions

Capitalized terms used in these Terms have the meanings set out below or where first defined.

  • "Account" means the account you create to access and use the Services.
  • "Agreement" means these Terms, together with all policies referenced herein (Privacy Policy, Cookie Policy, AI Privacy Policy, Data Processing Agreement, Acceptable Use Policy, Money Back & Refund Policy, Support Policy & SLA), and any Order Form or Statement of Work signed between you and Upmetrics.
  • "Order Form" means an ordering document, online registration page, or invoice that references this Agreement and sets out the Services purchased, fees, and Subscription Term.
  • "Services" means the Upmetrics business planning software-as-a-service products, websites, mobile applications, and Professional Services described in Section 9.
  • "Subscription Term" means the period during which you are entitled to access a paid Service, beginning on the start date set out in the Order Form (or in the in-product checkout) and continuing for the period purchased (monthly or annual).
  • "User Content" means any text, business plans, financial forecasts, pitch decks, files, images, or other content you or your users submit, upload, or generate within the Services.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 16 years old to use the Services. If you are under 18 (or the age of legal majority in your jurisdiction), you may use the Services only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf. The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13 (see our Privacy Policy).

2.2 Registration

To use most of the Services, you must register for an Account. You agree to provide accurate, current, and complete information during registration and to keep it updated. You may not register more than one free Account, register on behalf of someone else without their authorization, or use bots or automated methods to register.

2.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify us immediately at [email protected] if you become aware of any unauthorized access. We strongly recommend enabling two-factor authentication (2FA) on your Account.

3. Description of the Services

Upmetrics provides cloud-based business planning software, including business plan creation, financial forecasting, pitch deck building, and related tools, along with Professional Services as described in Section 9. The features and functionality of the Services may evolve over time. We may add, modify, or remove features at our discretion, with reasonable notice for material changes that would adversely affect a paid Subscription Term.

4. Subscriptions, Billing, and Renewal

4.1 Subscription Plans

Paid Services are offered on either a monthly or annual subscription basis, as set out at the time of purchase. Upmetrics does not offer a free trial. Instead, we offer a 15-day money-back guarantee as described in Section 4.5.

4.2 Billing

You authorize Upmetrics (and our payment processors, currently Stripe and Chargebee) to charge your designated payment method for all fees due under your subscription, including taxes, on the billing dates set out in your Order Form or in-product checkout. All fees are quoted and payable in U.S. dollars unless otherwise specified.

4.3 Auto-Renewal

Your subscription will automatically renew at the end of each Subscription Term (monthly or annual) for a successive period of the same length, at the then-current price for that plan, unless you cancel before the renewal date. We will use commercially reasonable efforts to notify you in advance of annual renewals.

4.4 Cancellation

You may cancel your subscription at any time through:

  • The in-product Account settings; or
  • An email request to [email protected] from the email address associated with your Account.

Cancellation takes effect at the end of your then-current paid Subscription Term. You will continue to have access to the Services until the end of the paid period, after which your subscription will not renew and you will not be charged again. Except as provided in Section 4.5 (Money-Back Guarantee) or where required by applicable law, fees paid for the current Subscription Term are non-refundable on cancellation.

4.5 Refunds and Money-Back Guarantee

Upmetrics offers a 15-day money-back guarantee for first-time paid subscriptions, as set out in our Money Back & Refund Policy. To request a refund under the guarantee, contact [email protected] within 15 days of your initial paid subscription start date. Outside the 15-day window, fees are non-refundable except where required by applicable law.

4.6 Late Payment and Suspension

If a payment fails or is not received by the due date:

  • We may attempt to re-charge your payment method;
  • If payment remains overdue for seven (7) days, we may suspend access to the Services without further notice;
  • If payment remains overdue for thirty (30) days, we may terminate your subscription and Account in accordance with Section 12.

You remain responsible for all fees and any reasonable collection costs incurred. To restore service after suspension, you must update your payment method and pay all outstanding amounts.

4.7 Price Changes

We may change pricing for any Service. For existing paying customers, we will provide at least thirty (30) days' notice by email of any price increase. The new price will take effect at the start of your next renewal period. If you do not accept the new price, you may cancel before renewal.

4.8 Taxes

Fees are exclusive of taxes. You are responsible for all sales, use, value-added, withholding, and similar taxes assessed on your purchase, except for taxes based on Upmetrics' net income. Where required by law, Upmetrics will collect applicable taxes on top of the listed price.

5. Use of the Services

5.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, Upmetrics grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during your Subscription Term solely for your internal business or personal planning purposes.

5.2 Acceptable Use

Your use of the Services is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Without limiting that policy, you may not:

  • Use the Services for any unlawful, fraudulent, or harmful purpose;
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services, except as expressly permitted by applicable law;
  • Copy, sell, resell, license, or commercially exploit any part of the Services without our express written consent;
  • Interfere with or disrupt the Services, including by introducing malware, conducting denial-of-service attacks, or attempting to access systems or data without authorization;
  • Use bots, scrapers, or other automated means to access the Services or extract data;
  • Bypass, remove, or circumvent any technical or security measure in the Services;
  • Misrepresent your identity or affiliation, impersonate any person or entity, or upload content you do not have the right to share;
  • Use the Services to develop or train any artificial intelligence model or competing product.

6. User Content and Intellectual Property

6.1 Your User Content

You retain all ownership rights in your User Content. You are solely responsible for your User Content, including its accuracy, legality, and your right to use it. You represent and warrant that your User Content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights, and complies with all applicable laws.

6.2 License to Upmetrics

You grant Upmetrics a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, display, copy, modify (only to the extent technically required to provide the Services, e.g., format conversions), and process your User Content solely as needed to provide and improve the Services to you. This license terminates when you delete the User Content or close your Account, except for residual copies in routine encrypted backups (which are overwritten in the normal backup rotation cycle, typically within 90 days, as described in our Data Processing Agreement).

6.3 Upmetrics' Intellectual Property

Upmetrics and its licensors exclusively own all rights, title, and interest in and to the Services, including all software, code, designs, trademarks, logos, content (other than User Content), and associated intellectual property rights. The Services are licensed, not sold, to you. Nothing in these Terms transfers any ownership interest in our intellectual property to you.

6.4 AI-Generated Output

The Services include features that generate text, financial forecasts, narratives, and other output using artificial intelligence ("AI Output"). As between you and Upmetrics, you own the AI Output generated specifically in response to your prompts and inputs, subject to the rights and limitations of our AI providers (currently OpenAI and Anthropic). However:

  • AI Output is generated programmatically and may contain inaccuracies, omissions, or errors. You are responsible for reviewing AI Output before relying on it for any business, financial, legal, or other decision.
  • Similar AI Output may be generated for other users in response to similar prompts. We do not guarantee uniqueness.
  • Upmetrics may use anonymized prompts and metadata to improve the Services, as described in our AI Privacy Policy. Your User Content is not used to train third-party AI models.

6.5 Feedback

If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant Upmetrics a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use the Feedback for any purpose, including incorporating it into the Services, without obligation or compensation to you.

6.6 DMCA / Copyright Policy

Upmetrics respects copyright law. If you believe content on the Services infringes your copyright, send a notice that complies with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) to [email protected] with the subject line "DMCA Notice." We will terminate, in appropriate circumstances, the accounts of users who repeatedly infringe copyright.

7. Beta and Preview Features

From time to time, we may offer features identified as "beta," "preview," "experimental," or similar (collectively, "Beta Features"). Beta Features are provided "as-is" and "as available" without any warranty, support obligation, or service-level commitment. We may modify, suspend, or discontinue Beta Features at any time without notice. Use of Beta Features is at your own risk and is not subject to our Support Policy & SLA.

8. Privacy and Data Protection

Our collection, use, and protection of personal information is described in our Privacy Policy. Our use of cookies and similar technologies is described in our Cookie Policy. Our use of personal data in AI features is described in our AI Privacy Policy.

If you are a business customer using the Services to process personal data of identifiable individuals (such as your team members, advisors, or contacts), our Data Processing Agreement ("DPA") governs that processing and is incorporated into these Terms by reference. The DPA includes our list of sub-processors (Annex 2) and our technical and organizational security measures (Annex 3).

9. Professional Services

In addition to our self-serve software, Upmetrics offers professional consulting and writing services, including business plan writing, financial forecasting consulting, and pitch deck consulting (collectively, "Professional Services").

Professional Services are governed by these Terms plus a separate Statement of Work (SOW), service order, or written engagement letter agreed at the time of engagement, which sets out the specific scope, deliverables, timelines, fees, and any service-specific terms. In the event of any conflict between these Terms and a signed SOW for a particular engagement, the SOW prevails for that engagement only.

Professional Services deliverables are typically delivered as documents (such as completed business plans or financial models) and become your property upon full payment, except for Upmetrics' pre-existing materials, methodologies, templates, and know-how, which Upmetrics retains. Professional Services are non-refundable except as set out in the applicable SOW or as required by applicable law.

10. Service Level Agreement

Our service availability commitment, support hours, incident reporting process, and customer remedies are set out in our Support Policy & SLA, which is incorporated into these Terms by reference. The SLA does not apply to Beta Features (Section 7) or Professional Services (Section 9).

11. Suspension and Termination

11.1 Termination by You

You may cancel your subscription as set out in Section 4.4. You may also delete your Account entirely at any time through the in-product Account deletion option or by emailing [email protected]. After Account deletion is verified, your Personal Information and User Content will be deleted within the timelines set out in our Privacy Policy (Section 7) and, for business customers, our Data Processing Agreement (Section 11).

11.2 Termination or Suspension by Upmetrics

We may suspend or terminate your access to the Services, in whole or in part, at any time and without prior notice if:

  • You materially breach these Terms or any policy incorporated herein, including the Acceptable Use Policy;
  • Your payment is overdue as set out in Section 4.6;
  • We reasonably believe your use poses a security risk to the Services or other users;
  • We are required to do so by law or by a binding order of a court or regulator;
  • You engage in fraud, abuse, or misuse of the Services.

Where reasonably practicable and consistent with our security obligations, we will give you notice and an opportunity to cure a breach before terminating.

11.3 Effect of Termination

On termination of your subscription or Account: (a) your right to access the Services ends immediately or at the end of the paid Subscription Term, as applicable; (b) any fees owing become immediately due and payable; (c) we will delete your User Content in accordance with our retention policies; and (d) the following sections survive termination: 1 (Definitions), 4.6 (outstanding payment obligations), 6 (Intellectual Property), 14 (Disclaimer), 15 (Limitation of Liability), 16 (Indemnification), 17 (Governing Law and Dispute Resolution), and 18 (General Provisions).

12. Modifications to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email (to the address associated with your Account) or by posting a prominent notice in the Services or on our website at least thirty (30) days before the changes take effect, unless a shorter period is required for legal compliance. The "Last Updated" date at the top of these Terms reflects when they were most recently changed.

Your continued use of the Services after the effective date of an updated version constitutes your acceptance of the updated Terms. If you do not agree, you may cancel your subscription as set out in Section 4.4 before the changes take effect.

13. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET OUT IN A WRITTEN AGREEMENT BETWEEN YOU AND UPMETRICS, THE SERVICES, INCLUDING ALL CONTENT, USER CONTENT, AI OUTPUT, AND PROFESSIONAL SERVICES DELIVERABLES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UPMETRICS DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

The Services are tools to help you plan and forecast — they do not constitute financial, investment, legal, tax, or accounting advice. You should consult a qualified professional before making decisions based on output generated by the Services.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

  • NEITHER PARTY (NOR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO UPMETRICS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Carve-outs. The above limitations do not apply to: (i) either party's indemnification obligations under Section 16; (ii) your obligations to pay fees due under these Terms; (iii) liability arising from a party's gross negligence, willful misconduct, or fraud; or (iv) any liability that cannot be limited under applicable law.

The limitations in this Section 14 are a fundamental part of the bargain between you and Upmetrics and apply even if a limited remedy fails of its essential purpose.

15. Indemnification

You agree to defend, indemnify, and hold harmless Upmetrics and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services in violation of these Terms or applicable law; (b) your User Content, including any claim that it infringes a third party's rights; (c) your breach of these Terms or any policy incorporated herein; or (d) your violation of any third party's rights, including intellectual property, privacy, or publicity rights.

Upmetrics will: (i) promptly notify you of any claim for which it seeks indemnification; (ii) give you sole control of the defense and settlement of the claim (provided that any settlement requiring an admission or payment by Upmetrics requires Upmetrics' prior written consent, not to be unreasonably withheld); and (iii) provide reasonable cooperation at your expense.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Mandatory Arbitration

Subject to the exceptions in Section 16.6, you and Upmetrics agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") will be resolved by binding arbitration, not in court. This includes Disputes about the formation, scope, or enforceability of these Terms or this arbitration agreement.

16.3 Class Action Waiver

You and Upmetrics agree that any Dispute will be brought solely in your or Upmetrics' individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and Upmetrics waive any right to a jury trial and to participate as a plaintiff or class member in a class action. The arbitrator may not consolidate claims of multiple persons or preside over any class or representative proceeding. If this Section 16.3 is found to be unenforceable, the entirety of Section 16 (Mandatory Arbitration) is null and void, and the parties agree that the exclusive jurisdiction and venue described in Section 16.6 will apply.

16.4 Arbitration Procedure

The arbitration will be administered by the American Arbitration Association ("AAA") under the AAA Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules"), available at www.adr.org/Rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitration will be conducted by a single arbitrator selected in accordance with the AAA Rules. Unless the parties agree otherwise, the arbitration will be conducted in the county where you reside, or by remote/written procedures consistent with the AAA Rules. The arbitrator may award any relief that a court could award, subject to the limitations in Sections 14 (Limitation of Liability) and 16.3 (Class Action Waiver). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

To initiate arbitration, send a written Demand for Arbitration to AAA per its current procedures (see www.adr.org/Rules) and to Upmetrics at the address in Section 18.

16.5 Arbitration Opt-Out (30 Days)

You may opt out of this arbitration agreement by sending written notice to [email protected] with the subject line "Arbitration Opt-Out" or by mail to the address in Section 18 within thirty (30) days after you first accept these Terms. Your notice must include your full name, address, the email associated with your Account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Upmetrics is bound by Sections 16.2-16.4, and any Disputes will be resolved exclusively in the state or federal courts located in Delaware as set out in Section 16.6.

16.6 Exceptions: IP Disputes and Equitable Relief

Notwithstanding Section 16.2, either party may bring an action in court (a) to seek injunctive or other equitable relief to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights, or (b) for collection of fees owed. The exclusive jurisdiction and venue for such actions, and for any other Dispute litigated in court following a valid opt-out under Section 16.5, will be the state and federal courts located in Delaware, USA, and each party consents to personal jurisdiction and venue in those courts.

16.7 30-Day Informal Resolution

Before initiating arbitration or court proceedings (other than for the exceptions in Section 16.6), the party with a Dispute will send the other party a written notice describing the Dispute and the relief sought, and the parties will attempt in good faith to resolve the Dispute informally for at least thirty (30) days. If the Dispute is not resolved within that period, either party may proceed to arbitration or court as set out above.

17. General Provisions

17.1 Entire Agreement

These Terms, together with all policies referenced herein and any Order Form or SOW signed between you and Upmetrics, constitute the entire agreement between you and Upmetrics regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

17.3 No Waiver

No waiver by either party of any breach or default under these Terms will be deemed a waiver of any preceding or subsequent breach or default. Failure to enforce any right under these Terms is not a waiver of that right.

17.4 Assignment

You may not assign or transfer these Terms or any of your rights or obligations under them, in whole or in part, without our prior written consent. Any attempted assignment without consent is void. Upmetrics may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent. Subject to the foregoing, these Terms bind and benefit the parties and their respective successors and permitted assigns.

17.5 Force Majeure

Neither party will be liable for any delay or failure to perform (other than payment obligations) due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil disturbance, government action, labor disputes, internet or telecommunications outages, third-party service provider failures, or shortages of materials, energy, or transportation.

17.6 Notices

We may give notices to you by email (to the address associated with your Account), by in-product notification, or by posting on our website. You may give notices to us by email to [email protected] or by mail to the address in Section 18. Notices are deemed given when sent (for email) or three business days after mailing (for postal mail).

17.7 Independent Contractors

The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, agency, or franchise relationship between you and Upmetrics.

17.8 Export Compliance

You agree to comply with all applicable U.S. and international export control laws and economic sanctions. You may not use the Services if you are located in, or are a national of, any country subject to comprehensive U.S. embargoes, or if you are listed on any U.S. government list of prohibited or restricted parties.

17.9 No Third-Party Beneficiaries

These Terms do not create any rights in favor of any third party.

18. Contact Information

For questions about these Terms or to send any notice required by these Terms, contact us at:

Upmetrics, Inc.
Attn: Legal
1301 N Broadway STE 32302
Los Angeles, CA 90012
Email: [email protected]

If you want to learn more about us, just drop us a line at [email protected]