Upsify Terms of Service

Terms of Service

These Terms & Conditions ("Terms") govern your use of the Upsify website (https://upsify.app) and the Upsify Shopify App (the "App"), operated by KB Online Stores LLC ("we", "our", "us"). By accessing or using our Services, you agree to these Terms and our Privacy Policy. This Upsify Terms of Service ("Agreement") is entered into by and between KB Online Stores LLC, a Wyoming limited liability company doing business as Upsify ("Upsify"), with its principal place of business at 30 N. Gould Street, Suite 6455, Sheridan, WY 82801, and the Merchant ("you" or "Company"), a user of the Upsify App.

Upsify partners with Online Shipping Insurance Services, Inc. DBA InsureShip ("InsureShip") to provide shipping insurance coverage and related claim services. By using Upsify's website, applications, or services, you agree to be bound by these Terms of Service.

1. Definitions

• Upsify: KB Online Stores LLC, providing upsell and shipping protection services through the Shopify App Store.
• InsureShip: Online Shipping Insurance Services, Inc., the insurance provider that underwrites and enforces shipping protection claims.
• Merchant / Company: The Shopify store owner installing and using Upsify.
• Service: Upsify's software, website, and features related to upselling and shipping protection.
• End Customer: The customer purchasing goods from the Merchant's Shopify store.

2. Acceptance of Terms

By installing, accessing, or using the Upsify App, you acknowledge that you have read, understood, and agreed to these Terms of Service. If you do not agree, do not use Upsify or its related services. Upsify may modify these Terms at any time by posting an updated version on its website.

3. Use of Service

Upsify grants you a limited, non-exclusive, non-transferable, and revocable license to use the Upsify App for legitimate business purposes related to your Shopify store. You agree not to misuse, reproduce, reverse-engineer, or exploit any part of the Service, and you must maintain accurate account and billing information within Shopify.

Restrictions on Use of the Services: Except as authorized herein or with our prior written approval, you are prohibited from copying, modifying, displaying, distributing, transmitting, transferring, redelivering, publishing, selling, marketing, renting, leasing, licensing or sublicensing, creating derivative works, or otherwise using or making available to any third party any of our Content for any purpose. Systematic retrieval of data from any of our Services or Content to create or compile, directly or indirectly, a database or directory without express written permission is prohibited. You may not reverse engineer, decompile, reproduce, or attempt to derive source code, trade secrets, or intellectual property from our Services. Any attempt to do so is a violation of our rights and may result in prosecution and damages. You are strictly prohibited from accessing or using the Services or Content to develop a competing product or service.

4. Insurance Services and Collaboration with InsureShip

Upsify partners with InsureShip to provide shipping protection for orders fulfilled through the Merchant's store. Upsify facilitates the sale and management of shipping protection, while InsureShip underwrites, enforces, and manages claims. Coverage includes protection against loss, theft, or damage in transit up to a shipping limit of $7,500 per package. All claims are submitted through Upsify's platform but processed and resolved by InsureShip in accordance with applicable insurance regulations.

Full terms of coverage are detailed in the Upsify Shipping Protection Policy available at https://upsify.app/shipping-insurance-policy. That policy provides full claim procedures, exclusions, and filing requirements. In summary, the protection covers parcels and contents against damage or loss from external causes while in transit, subject to a shipping limit of $7,500. Claims must be filed within 90 days from shipment and include proof of value and recipient documentation. Exclusions include certain high-risk commodities such as precious metals, fine art, perishables, and items restricted under customs or insurance regulations.

5. Fees and Payments

Fees may include subscriptions and/or transaction-based charges. Merchants agree to pay Upsify a flat rate of 1.5% of the cart total for orders where Upsify shipping protection is applied, with a maximum coverage of $7,500. This is the wholesale rate to the Merchant. Merchants may set their own retail premium rate. All fees are billed via Shopify Payments or Stripe and are non-refundable unless required by law.

6. Merchant Responsibilities

• Maintain accurate store and contact information.
• Obtain any required consent from customers and provide a compliant store privacy policy disclosing your use of Upsify and InsureShip.
• Use the App only as intended; do not copy, reverse-engineer, or misuse the Services.
• Comply with applicable laws and regulations, including data protection and e-commerce laws.
• Handle non-insurance customer service, refunds, and disputes for your store.

7. Prohibited Uses

You agree not to use Upsify or its Services for:

• Unlawful, fraudulent, deceptive, or abusive activity.
• Infringing others' intellectual property or privacy rights.
• Interference with the App's functionality or security.
• Unauthorized marketing or spam.
• Resale, sublicense, or unauthorized distribution of the App.

8. Intellectual Property

Upsify owns and retains all right, title, and interest in and to the Services, software, and associated content (except for licensed components). You agree not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, modify, or create derivative works of the Services or otherwise use the Services in a way that violates these Terms. Upsify does not grant you any license, express or implied, to its intellectual property or that of its licensors. All information regarding the design, look and feel, specifications, functionality, operation, pricing, or payment terms of the Services constitutes Upsify's Confidential Information.

9. Limitation of Liability

Under no circumstances shall Upsify, InsureShip, or their affiliates be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, data, or other intangible losses, even if Upsify or InsureShip has been advised of the possibility of such damages, arising from (i) the use or inability to use the Service; (ii) unauthorized access or alterations of transmissions; (iii) statements or conduct of any third party; or (iv) any other matter relating to the Service.

Upsify and InsureShip make no representation or warranty that the Service or related insurance processes will be uninterrupted or error-free, nor that all claims will be approved. In no event shall Upsify's total liability to you exceed the total amount of fees paid by you to Upsify in the six (6) months preceding the claim. These limitations shall apply to the fullest extent permitted by law. Under no circumstances will Upsify be liable to you for more than the greater of (a) the total amount paid to Upsify by you during the one-month period prior to the act, omission or occurrence giving rise to such liability and (b) the remedy or penalty imposed by the statute under which such claim arises. The foregoing cap on liability shall not apply to liability of Upsify for any injury caused by an Upsify or InsureShip party's fraud or fraudulent misrepresentation.

10. Indemnification

You agree to indemnify and hold harmless Upsify, InsureShip, and their respective officers, employees, and affiliates from any claims, damages, losses, or expenses arising out of (i) your use of the Upsify App; (ii) breach of this Agreement; or (iii) disputes between you and any third party including End Customers or carriers.

11. Termination

Either party may terminate this Agreement at any time. Upsify may suspend or terminate access immediately for non-payment, policy violations, or suspected misuse. Upon termination, all unpaid fees become immediately due, and any active insurance coverage remains subject to InsureShip's enforcement policies.

12. Disclaimers and Warranties

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied. Upsify and InsureShip expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Upsify makes no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; or (iii) the results obtained from using the Service will be accurate or reliable. Upsify and InsureShip assume no responsibility for errors, omissions, or interruptions, and you use the Service at your own risk.

13. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the State of Wyoming, USA. The parties agree that the courts located in Sheridan County, Wyoming, shall have exclusive jurisdiction over any disputes arising under this Agreement.

14. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of the Services after changes constitutes acceptance of the revised Terms.

15. International Users

Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Upsify intends to announce or promote the availability of such services or content in your country. Services are controlled and offered by Upsify from its facilities in the United States of America. Upsify makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.

16. Contact Information

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