Terms & Conditions

Welcome to Upspiral Now LLC ("Upspiral Now," "Company," "we," "our," or "us"). By accessing this website, engaging our services, scheduling consultations, submitting forms, approving proposals, paying invoices, or otherwise interacting with our business, you agree to these Terms & Conditions.

If you do not agree with these Terms, please do not use this website or engage our services.

1. Company Information

Upspiral Now LLC
Delray Beach, Florida, USA
Website: https://upspiralnow.com

Upspiral Now LLC provides consulting, advisory, operational, product development, sourcing, e-commerce, automation, growth strategy, and related business services.

2. Scope of Services

Our services may include, but are not limited to:

• Business consulting
• Operational consulting
• Profitability analysis
• Cost reduction and margin improvement
• Product development
• Manufacturing and sourcing strategy
• Supply chain optimization
• Amazon and e-commerce consulting
• Marketing and growth strategy
• AI and automation consulting
• Vendor evaluation
• Product commercialization
• Process optimization
• Strategic advisory services

Specific deliverables, timelines, fees, and responsibilities may be further defined in proposals, invoices, statements of work, emails, or separate written agreements.

3. No Guarantee of Results

Upspiral Now LLC provides advisory and consulting services only.

We do not guarantee:

• Increased revenue
• Profitability improvements
• Business growth
• Funding approval
• Regulatory approval
• Supplier performance
• Amazon ranking performance
• Advertising performance
• Operational outcomes
• Legal compliance
• Tax outcomes
• Market acceptance
• Product success
• Specific business results of any kind

Business performance depends on numerous factors outside our control, including market conditions, execution quality, economic conditions, client decision-making, competition, platform policies, and third-party actions.

Any examples, projections, estimates, case studies, or opinions provided by Upspiral Now are illustrative only and should not be interpreted as guarantees.

4. Client Responsibilities

Clients agree to:

• Provide accurate and complete information
• Provide timely feedback and approvals
• Cooperate reasonably throughout engagements
• Independently verify important business decisions
• Obtain appropriate legal, tax, accounting, engineering, regulatory, and insurance advice where necessary

Client acknowledges that final business decisions remain solely the responsibility of the Client.

5. Payments & Billing

Unless otherwise agreed in writing:

• Invoices are due upon receipt.
• Deposits and retainers are non-refundable once work has commenced.
• Late payments may incur interest at the lesser of 1.5% per month or the maximum amount permitted under Florida law.
• Client agrees to reimburse reasonable collection costs, attorneys' fees, court costs, and enforcement expenses associated with unpaid balances.
• Upspiral Now reserves the right to pause or terminate services for overdue accounts.

6. Intellectual Property

Client retains ownership of pre-existing intellectual property and proprietary business information.

Upspiral Now LLC retains ownership of:

• Methodologies, systems, templates, and frameworks
• Calculations, processes, and automation workflows
• AI prompting systems and operational tools
• Know-how, internal documentation, and proprietary consulting methods

Unless otherwise agreed in writing, Client receives a non-exclusive internal-use license for final paid deliverables specifically created for Client.

Client may not resell, redistribute, reproduce, sublicense, or commercially exploit Upspiral Now materials without written permission.

7. Confidentiality

Both parties agree to maintain confidentiality regarding non-public business, operational, technical, strategic, financial, sourcing, supplier, and customer information disclosed during the course of the engagement.

Confidential information shall not include information that:

• Becomes publicly available through no fault of the receiving party
• Was already lawfully known
• Is independently developed
• Is required to be disclosed by law

8. Independent Contractor Relationship

Upspiral Now LLC operates as an independent contractor. Nothing contained in these Terms shall create any partnership, joint venture, employment relationship, fiduciary relationship, or agency relationship.

Unless specifically agreed in writing, Upspiral Now LLC is not acting as a law firm, CPA firm, licensed engineering firm, investment advisor, securities broker, insurance provider, or regulated compliance authority.

9. Third-Party Services & Platforms

Upspiral Now may provide recommendations involving third-party platforms, manufacturers, software providers, suppliers, agencies, logistics providers, advertising systems, marketplaces, AI systems, or service providers.

We are not responsible for:

• Third-party performance, platform outages, or account suspensions
• Vendor disputes, manufacturing defects, or supply chain disruptions
• Advertising performance, software bugs, or policy changes
• Regulatory actions, cybersecurity incidents, or fulfillment failures

Client assumes all risk associated with third-party relationships and business decisions.

10. Limitation of Liability

To the fullest extent permitted under Florida law, Upspiral Now LLC and its owners, employees, contractors, affiliates, agents, and representatives shall not be liable for indirect, incidental, consequential, or punitive damages, lost profits, lost business opportunities, lost data, business interruption, or reputational harm.

Total liability arising from any claim related to services or this website shall not exceed the total amount actually paid by Client to Upspiral Now LLC under the applicable engagement.

11. Indemnification

Client agrees to indemnify, defend, and hold harmless Upspiral Now LLC and its owners, employees, contractors, affiliates, and representatives from any claims, liabilities, damages, expenses, losses, or legal costs arising from:

• Client's business operations and decisions
• Products or services sold by Client
• Marketing claims, regulatory violations, or intellectual property disputes
• Supplier relationships, customer disputes, or misuse of consulting recommendations

12. Website Use

All content on this website is provided for informational purposes only. Users agree not to misuse the website, attempt unauthorized access, copy proprietary materials, interfere with site operations, or use automated scraping tools without permission.

Upspiral Now reserves the right to modify or discontinue website functionality without notice.

13. AI, Automation & Technology Disclaimer

Upspiral Now may utilize AI systems, automation platforms, data analysis tools, and software systems during consulting engagements.

Client acknowledges:

• AI-generated outputs may contain errors
• Recommendations require human review
• No AI system is guaranteed accurate or complete
• Client remains responsible for final implementation decisions

14. Communications Consent

By submitting forms, scheduling appointments, contacting us, or engaging our services, you consent to receive communications from Upspiral Now LLC, including email, phone calls, SMS/text messages, appointment reminders, follow-up communications, and marketing communications.

You may opt out of marketing communications at any time. Message and data rates may apply.

15. Privacy

Use of this website is also governed by our Privacy Policy. We may collect contact information, website usage information, CRM data, appointment scheduling information, and communication history.

We do not sell personal information to third parties.

16. Governing Law & Venue

These Terms & Conditions shall be governed by and interpreted under the laws of the State of Florida, without regard to conflict of law principles.

Any dispute arising from these Terms or any engagement with Upspiral Now LLC shall be exclusively resolved in the state or federal courts located in Palm Beach County, Florida.

17. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Modifications

Upspiral Now LLC reserves the right to update or modify these Terms & Conditions at any time without prior notice. Updated Terms become effective upon posting to this website.

19. Entire Agreement

These Terms & Conditions, together with any proposal, invoice, statement of work, or written agreement, constitute the entire agreement between the parties unless superseded by a separately executed written contract.

20. Contact Information

Upspiral Now LLC
Delray Beach, Florida, USA
https://upspiralnow.com

For questions regarding these Terms & Conditions, please contact us through the website contact form.