Terms of Service
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using UpsellPlus (the “Service”) operated by Blueberry, LLC, a Delaware LLC, the provider of Upsellplus (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Subscription, Free Trials, Billing and Cancellation
Your UpsellPlus subscription, which may start with a free trial, will continue month-to-month or year-to-year unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the UpsellPlus subscription services. We will bill the monthly or annual subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your Payment Method.
Your UpsellPlus subscription may start with a free trial. The free trial period of your membership lasts for 7 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. UpsellPlus reserves the right, in its absolute discretion, to determine your free trial eligibility. We will begin billing your Payment Method for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including monthly subscription price and end date of your free trial period, visit the apps section of your Shopify store. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month or year of service as soon as you register. You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. TO CANCEL YOUR SUBSCRIPTION UNINSTALL THE APP FROM YOUR SHOPIFY STORE (Go to your Shopify store > click apps > click “Delete” next to UpsellPlus). If you are unable to find it, contact us immediately at email@example.com. We will continue to bill your Payment Method on a monthly or yearly basis for your subscription fee until you cancel.
By starting your UpsellPlus subscription and providing or designating a Payment Method, you authorize us to charge you a monthly or yearly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the UpsellPlus subscription service to your Payment Method. You acknowledge that the amount billed each month or year may vary from month to month or year to year for reasons that may include differing amounts due to promotional offers, including VIP Code redemption and promotional code redemption, partnerships offers, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or yearly in one or more charges.
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your service will take effect following email notice to you.
The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your UpsellPlus subscription or began paying on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. See the billing section of your Shopify store to see previous billing dates. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Service, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month, monthly, yearly, and annually refers to your billing cycle.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.
You may edit your Payment Method information by visiting the billing section of your Shopify store. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
You may cancel your UpsellPlus membership at any time, and you will continue to have access to the UpsellPlus subscription service through the end of your monthly or yearly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, visit your Shopify store > go to Apps section > and delete UpsellPlus. If you cancel your subscription, your subscription will automatically cancel at the end of your current billing period.
Ownership and Data
Subject to the limited rights expressly granted hereunder, we reserve all of our right, title and interest in and to the Service, including all of our related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You hereby grant us the right to use all data, information, materials or other content uploaded, submitted, posted, transferred, transmitted or otherwise provided or made available to us through the Service or an Integrated Website (collectively, “Your Data”) in order to: (a) provide the Service, including usage reports and statistics related to use of the Integrated Website, (b) prevent or address service or technical problems, or (c) as may be required by law. By using the Service, you acknowledge and agree that we may use Your Data in an anonymized, de-identified manner for marketing, survey or statistical purposes, setting benchmarks, feature suggestions, Service utilization analyses, Integrated Website utilization analyses, and related purposes, including, without limitation, the sharing of such anonymized data with third parties or the creation of reports that may include Your Data in an anonymous, generic, de-identified format aggregated with other data not constituting Your Data, provided that such reports do not identify you unless otherwise agreed by you in writing.IndemnificationBy using the Service, you agree to indemnify, defend and hold us and our officers, directors, employees, agents, successors and assigns harmless from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind (including reasonable attorneys’ fees) incurred in connection with, arising out of or related to: (a) any data provided by you or through your use of the Service or use of an Integrated Website, including any processing of such data by us or on our behalf in accordance with these Terms; (b) any other materials or information (including any documents, data, specifications, software, content or technology) provided by or on behalf of you or your users; or (c) any allegation of facts that, if true, would constitute your breach of any representations, warranties, covenants or obligations under these Terms.
Disclaimer of Warranty
THE SERVICE IS PROVIDED “AS IS,” EXCLUSIVE OF ANY WARRANTY WHATSOEVER. WE DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
OUR LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
These Terms shall be governed and construed in accordance with the laws of United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
130 Amity St
Brooklyn, NY 11201