1. Acceptance of Terms

By accessing or using UpsellPro (“Service”), you agree to be bound by these Terms of Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these terms.

2. Description of Service

UpsellPro is a platform that enables property managers to offer upsell services (such as early check-in and late checkout) to their guests. The Service includes:

• Integration with Property Management Systems (PMS)
• Automated and manual upsell offer generation
• SMS and email communication with guests
• Payment processing through Stripe
• Analytics and reporting dashboards

3. User Accounts

You must create an account to use the Service. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and current information
• Notifying us immediately of any unauthorized use

4. Payment Terms

UpsellPro charges a monthly subscription fee per property:

• Standard Plan: $9 per property per month
• Pro Plan: $25 per property per month
• You keep 100% of upsell revenue
• Standard Stripe processing fees apply to transactions
• Payouts are processed through Stripe Connect

You must connect a valid Stripe account to receive payments. We reserve the right to adjust fees with 30 days advance notice.

5. Communications and SMS Consent

By using our Service to send SMS messages to guests:

• You represent that you have proper consent from guests to send SMS communications
• You agree to comply with all applicable laws including TCPA (Telephone Consumer Protection Act)
• You acknowledge that guests may opt out by replying STOP at any time
• You will honor all opt-out requests immediately
• Message and data rates may apply to recipients

6. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Send spam or unsolicited messages
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to any systems
• Misrepresent your identity or affiliation
• Violate any applicable laws or regulations

7. Data and Privacy

Your use of the Service is subject to our Privacy Policy. You are responsible for:

• Ensuring you have proper rights to share guest data with us
• Complying with applicable data protection laws
• Informing your guests about how their data is used

8. Intellectual Property

The Service and its original content, features, and functionality are owned by UpsellPro and are protected by international copyright, trademark, and other intellectual property laws.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

IN NO EVENT SHALL UPSELLPRO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11. Indemnification

You agree to indemnify and hold harmless UpsellPro from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or the Service.

13. Changes to Terms

We reserve the right to modify these terms at any time. We will provide notice of significant changes via email or through the Service. Continued use after changes constitutes acceptance of new terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

15. Contact Information

For questions about these Terms of Service, please contact us at:

Email: legal@upsellpro.com
Support: support@upsellpro.com