Terms & Conditions

These Terms of Service ("Terms") govern your (“client”) use of the software and services (collectively, the "Services" or “Service”) provided by Uplift Local ("we," "our," "us," or “Provider”). By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

1. Acceptance of Terms

By accessing or using the Services, you represent and warrant that you are authorized to enter into these Terms on behalf of your own business as well as the businesses for which you order Services and that you accept and agree to be bound by these Terms.

2. Description of Services

Our software and Services provide a platform for businesses to receive market research and related task assistance. You understand and agree that you are paying for services to be performed by a pool of Uplift Local's own independent contractors, which are not necessarily full time employees of Uplift Local. As such, contractors have the freedom to choose which services to fulfill. Given this, the delivery timelines may vary from order to order. Some orders, or "Lifts", may be delayed should a contractor choose not to fulfill the service in the timeframe allotted; at which time an attempt will be made to find a replacement contractor to complete the service. Uplift Local will continue attempts to find a contractor to complete the service until it is fulfilled. Should the service not be fulfilled within a reasonable time frame of 90 days, the Client may request a refund of that individual "Lift" service. You understand and agree that you are not entitled to any independent contractor contact information and are not hiring an employee for your own use.

You agree and understand that if a credit card payment fails for an individual "Lift" service, that service will not be fulfilled until a working payment method can be successfully charged. You understand that, due to delays in resolving payment issues, an unfulfilled Lift for which payment failed may be abandoned and not fulfilled ever.

You agree and understand that all services will stop and all orders will be canceled when a payment fails for a monthly membership subscription and the Client may need to start new orders for all its businesses when restoring the subscription payment.

3. Registration and User Accounts

To use the Services, you may be required to create a user account. You agree to provide accurate and complete information during the registration process and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

In addition to your user account, you will need to create business profiles for which orders will be placed. You represent and warrant that you are authorized to order Services on behalf of these businesses.

4. Communication Consent

By agreeing to these Terms, I am opting into marketing communications. I consent to receive SMS text messages, phone calls, voicemails and/or emails to the contact information I provided in my user registration from Uplift Local, whether manual or automated, even if I am on any DNC registries. Consent is required for purchase as it may be necessary to reach you regarding order updates and issues. I confirm that I am at least 18 years of age and have read and agree to the Privacy Policy and Terms & Conditions. To unsubscribe, follow the instructions provided in our communications or reply STOP. Msg & Data rates may apply.

5. Payment and Fees

Fees may include both a recurring subscription access fee, or membership fee, as well as individual fees for Service orders. You agree to pay all fees and charges associated with your use of the Services as they become due. All payments are non-refundable. There may be tiered pricing for various monthly subscriptions for different levels of services; you are only entitled to the services your membership plan covers.

Clients with active, open orders agree to be billed for tasks before they begin and/or as they are assigned to team members for fulfillment, not after the task is complete. Recurring orders may only be canceled by logging into the Uplift Local app and canceling the order from the Client portal. Should the Client portal be unavailable, please submit a support request to our team. We require 5 business days to process cancellations and you may be billed for subscription dues during this time as well as any in progress tasks once they are completed.

When subscription payments fail, such as in the case of a credit card decline or insufficient funds, access to all services, software and apps is revoked until the billing account is brought current and all past due balances are paid. If a subscription remains unpaid for 5 business days, all open orders are subject to cancelation. When individual order payments fail, such as in the case of a Lift order, services will not be delivered until payment is successfully received. Subscriptions will not be automatically canceled in the case of failed payments for individual orders and Lifts.

6. Cancelations

We require a 5 business day notice of all subscription and order cancelations. Client must submit cancelation requests by webform. When an order is canceled with open and/or pending Lifts, the Client is still responsible for the payment of those pending Lifts when they are fulfilled. When a subscription is canceled, all orders associated with that subscription will also be immediately canceled but Client is still responsible for the payment of any pending Lifts when they are fulfilled.

When a subscription is canceled, either due to the Client requesting cancelation or due to a failed payment, the Client forfeits the right to any previous lower pricing plans, such as "grandfathered" pricing and initial signup incentives. Clients may disqualify for all discounted pricing plans when payments fail, subscriptions are canceled and/or subscription is not continued on a consecutive basis.

7. Refunds

Client hereby ratifies their understanding that all Service sales are non-refundable and waives any rights to charge-back your purchase with your credit card processor. Provider strictly does not provide refunds of any sort once any payment processes. If client claims there is an error or inaccuracy in service delivery it is up to the sole discretion of Uplift Local as to how this should be corrected. No refunds will be issued if Services cannot be delivered as a result of order error, such as providing search terms for which the business cannot be found or if an online profile or website is inaccessible, inactive or offline. Clients are required to ensure all business links and are findable using the search terms provided prior to submitting an order. Should a business website or profile become inaccessible during order delivery, the Client is expected to pause the order as soon as the issue is found or reported in order to avoid additional charges. In some cases, at our discretion, we may provide replacement Services or credits for charges incurred for Services that could not be delivered.

8. User Conduct

You agree to use the Services in accordance with all applicable laws and regulations and in a manner that does not infringe upon the rights of others. You shall not:

a. Use the Services for any unlawful or fraudulent purpose.

b. Violate the intellectual property rights of any third party.

c. Engage in any form of harassment, discrimination, or abusive behavior.

d. Post or transmit any content that is harmful, offensive, or obscene.

e. Use the Services to spam or engage in any unauthorized advertising or promotional activities.

9. Circumvention

You acknowledge and agree that Services are delivered by Uplift Local’s employees and/or independent contractors, and that no direct hiring Services are offered. Uplift Local is under no obligation to disclose personally identifying information about staff or contractors involved in your Service delivery. You understand and agree that attempting to contact or hire Uplift Local staff directly is “circumvention” and is a violation of these Terms and may result in the cancellation of your active Services, the termination of your account and legal action being taken against you.

10. Non-Solicitation

Clients are strictly prohibited from contacting Contractors related to services performed,  additional service requests and/or employment opportunities. Client agrees not to contact, engage, approach or solicit Uplift Local Contractors, which may include direct or indirect recruitment, enticement, or any action that aims to persuade the Contractor to start a working relationship of any kind with Client. The non-solicitation agreement will be in effect for a 1 year duration, starting from the date that the Client canceled membership and has no access to any services. Exceptions to these solicitation restrictions includes 1) if the Client is authorized by Uplift Local in writing to pursue communication with an Uplift Local Contractor, who must be named in the writing, and/or 2) when a Contractor applies to a publicly accessible job posting or advertisement made by the Client, for which no private or direct communication occurred between the Uplift Local Contractor and Client to prompt the application. In the event of a breach of this non-solicitation, Client will be liable for all estimated financial or intellectual losses incurred in association with the Client-Contractor relationship. If any part of the non-solicitation clause is deemed unenforceable, the remaining provisions remain valid and in effect.

11. Termination

We reserve the right to suspend or terminate your access to the Services at our discretion, with or without cause, and without notice. Upon termination, you will lose access to your account and any data associated with it.

12. Disclaimer of Warranties

Every effort has been made to accurately represent the Services and its potential. There is no guarantee, express or implied, that Client will earn any money, increase in search engine rankings or gain additional website traffic as a result of any Services. Provider and its partners, subsidiaries and owners disclaim any warranties, express or implied, merchantability or fitness for any particular purpose. Provider shall in no event be held liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Services, which are provided “as is”, and without warranties. As always, the advice of a competent legal professional should be sought before engaging in Services.

13. Limitation of Liability

To the fullest extent permitted by law, Uplift Local shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of the Services, even if Uplift Local has been advised of the possibility of such damages.

14. Indemnification

You agree to indemnify and hold Uplift Local harmless from any claims, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to your use of the Services for your own businesses and/or the businesses of your customers or associates, your violation of these Terms, or your violation of any rights of third parties. Client shall pay all expenses incurred by Provider including, but not limited to, all attorneys’ fees, costs and expenses incurred should Provider be named a party in any litigation to which Client is a party. Client shall further indemnify and hold harmless Provider and its agents, officers and directors from liability for any and all claims, costs, suits and damages, including attorneys’ fees arising directly or indirectly out of or in connection with the operation of Client, and from liability for injuries suffered by any person relating to Client. This agreement to indemnify Provider is not limited to any acts or omissions, statements or representations made by Provider in the performance and/or nonperformance of Service Provider’s duties hereunder and relating to all contractual liabilities, which may be alleged or imposed against Provider. All reasonable precautions will be taken to safeguard the property entrusted to the Provider. In the absence of negligence, however, Provider will not be held liable for loss, destruction or damage of any kind resulting from items which are lost or delayed in transit, whether such transit is electronic, fax, mail or otherwise, nor for unauthorized use by others of such property. Provider will not be held liable for any incidental, consequential or indirect damages, including without limitation damages for loss of profits, business interruption, loss of information, plagiarism, etc. Provider will not be held liable for typographical omissions or errors.

15. Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically. Your continued use of the Services after the posting of any changes constitutes acceptance of those changes.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Florida in the United States of America, without regard to its conflict of laws principles.

17. Contact Information

If you have any questions or concerns about these Terms, please submit a support request at https://uplift-local.com/support. By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use the Services.

Last Updated: June 5, 2024

Effective Date: October 29, 2023