Last updated: January 15, 2026
By accessing or using the services provided by Upturn Marketing Group, Inc. ("Upturn," "we," "us," or "our"), including our website at upturnmarketinggroup.com and our marketing platform (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access or use the Services.
Upturn provides a marketing platform that enables users to send SMS and email marketing campaigns, build automation workflows, manage subscriber lists, and analyze campaign performance. The specific features available to you depend on your subscription plan.
To use certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
You are solely responsible for ensuring that your use of the Services complies with all applicable laws and regulations, including obtaining and maintaining all necessary consents from your subscribers. This includes compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and all applicable state, federal, and international communications laws.
Upturn provides tools to assist with compliance (opt-out handling, consent tracking, quiet hours), but these tools do not substitute for your independent legal obligations.
Plans and Pricing: Our Services are offered on a subscription basis. Current pricing is available on our pricing page. We reserve the right to change prices with 30 days' prior notice.
Billing Cycle: Subscriptions are billed monthly or annually in advance. Your subscription automatically renews at the end of each billing period unless you cancel before the renewal date.
Payment: You authorize us to charge your designated payment method for all fees due. If payment fails, we may suspend or terminate your access to the Services after providing reasonable notice.
Refunds: Monthly subscriptions are non-refundable. Annual subscriptions may be refunded on a prorated basis within the first 30 days. Overage charges and usage-based fees are non-refundable.
Free Trial: If you sign up for a free trial, you will have access to the Services for the trial period at no charge. At the end of the trial, your account will be converted to a paid subscription unless you cancel before the trial ends.
You retain all rights to the data you upload, store, or transmit through the Services ("Your Data"). By using the Services, you grant us a limited, non-exclusive license to use, process, and store Your Data solely to provide and improve the Services. We will not access, use, or share Your Data for any purpose other than providing the Services, unless required by law.
You are responsible for the accuracy, quality, and legality of Your Data and the means by which you acquire it.
The Services, including all software, designs, text, graphics, logos, and other content, are owned by Upturn and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our written permission.
You retain ownership of any content you create using the Services, including email templates and campaign content.
We strive to maintain 99.9% uptime for the Services. Enterprise plan customers may be eligible for a Service Level Agreement (SLA) with specific uptime guarantees and service credits. The SLA is provided as a separate agreement.
You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period.
We may suspend or terminate your access to the Services immediately, without notice, if you violate these Terms, fail to pay fees when due, or use the Services in a manner that could damage, disable, or impair the Services. Upon termination, you may export Your Data for 30 days. After 30 days, we may delete Your Data.
THE SERVICES ARE 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. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPTURN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE CAUSE OF ACTION. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to indemnify, defend, and hold harmless Upturn and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any applicable law.
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in New York, New York, except that either party may seek injunctive relief in a court of competent jurisdiction.
We may modify these Terms at any time. We will notify you of material changes by email or through the Services at least 30 days before the changes take effect. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Upturn regarding the Services.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms will not be a waiver of that right or provision.
Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
If you have questions about these Terms, contact us at:
Upturn Marketing Group, Inc.
123 Marketing Ave, Suite 400
New York, NY 10013
Email: legal@upturnmarketinggroup.com
Phone: +1 (212) 555-0147