Terms of Service

Last updated: May 10, 2026

These Terms of Service ("Terms") govern your access to and use of the UpSailor AI website at upsailor.ai and the related platform, APIs, and services (collectively, the "Service") provided by UpSailor AI. By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization.

1. The Service

UpSailor provides AI-powered tools for online businesses, including a retrieval-augmented chat agent, product/document search, SEO planning and post generation, lead management, and integrations with channels such as WhatsApp and Google Search Console.

2. Accounts

• You must provide accurate, current information when creating an account.
• You are responsible for safeguarding your credentials and for all activity that occurs under your account.
• You must be at least 16 years old (or the age of digital consent in your jurisdiction) to use the Service.
• You agree to notify us promptly at support@upsailor.ai of any unauthorized access.

3. Acceptable use

You agree not to:

• Use the Service to send spam, phishing, malware, or content that infringes third-party rights, violates privacy, or is unlawful.
• Attempt to reverse engineer, probe, or interfere with the Service or its underlying infrastructure, except as permitted by law.
• Use the Service to build a competing product, or to scrape or republish our model outputs at scale.
• Submit personal data of others to the Service unless you have a lawful basis to do so and have provided required notices.
• Misrepresent the AI agent as a human in a way that violates applicable consumer-protection or AI-disclosure laws.

4. Customer content

You retain ownership of the content you upload, generate, or otherwise submit to the Service ("Customer Content"). You grant UpSailor a worldwide, non-exclusive license to host, store, process, transmit, display, and create derivative works of Customer Content solely as needed to provide, secure, and improve the Service for you. We do not use Customer Content or Google user data to train generalized AI models.

5. Third-party services

The Service integrates with third-party providers (including Google, Together AI, Polar, WhatsApp/Meta, Railway, AWS, and others). Your use of those services is governed by their own terms and privacy policies, and we are not responsible for their acts or omissions. Where you connect a Google account, your use of Google data is also subject to the Google API Services User Data Policy.

6. Subscriptions and billing

• Paid plans are billed through our payment processor, Polar. By subscribing you authorize recurring charges at the then-current rates for your selected plan.
• Fees are non-refundable except where required by law. You can cancel a subscription at any time from the billing settings; cancellation takes effect at the end of the current billing period.
• We may change prices on renewal with at least 30 days' notice by email.
• If a payment fails we may suspend access until the balance is settled.

7. Trials and beta features

Free trials and features marked as "beta", "preview", or "experimental" are provided as-is, may change without notice, and may be discontinued. Trial accounts are subject to usage limits.

8. Intellectual property

The Service, including all software, designs, text, and trademarks, is owned by UpSailor or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. No rights are granted by implication.

9. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if your use creates risk for UpSailor or other users, or if required by law. Upon termination, sections that by their nature should survive (including Sections 4, 8, 10, 11, 12) will survive.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE OR SUITABLE FOR YOUR PURPOSE. YOU ARE RESPONSIBLE FOR REVIEWING AI OUTPUT BEFORE PUBLISHING OR ACTING ON IT.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPSAILOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

12. Indemnification

You agree to indemnify and hold UpSailor harmless from any claim, loss, or expense (including reasonable attorneys' fees) arising out of your Customer Content, your use of the Service in violation of these Terms, or your violation of any law or third-party right.

13. Changes to the Service or these Terms

We may modify the Service or these Terms from time to time. Material changes will be posted on this page with a new "Last updated" date and, where appropriate, notified by email. Continued use of the Service after the effective date constitutes acceptance.

14. Governing law

These Terms are governed by the laws of the State of Israel, without regard to its conflict-of-laws rules. The courts located in Tel Aviv, Israel will have exclusive jurisdiction over any dispute, except that either party may seek injunctive relief in any court of competent jurisdiction.

15. Contact

Questions about these Terms can be sent to support@upsailor.ai or ruth@upsailor.ai.