Terms of Service

These Terms of Service ("Terms") constitute a binding agreement between you ("User," "Operator," or "you") and Universal Production Services LLC ("Upscare," "Company," "we," or "us"), governing your access to and use of the Upscare platform at https://upscare.net and all related services. By creating an account or using the platform, you agree to these Terms in full.

• You must be at least 18 years of age.
• You must have legal authority to manage or own the properties you add to the platform.
• If using Upscare on behalf of a business entity, you represent that you are authorized to bind that entity.
• Upscare is available to users in the United States and Canada. Use from other jurisdictions is at your own risk.

Upscare provides a software platform for property operators including:

• Automated rent collection via ACH, card, and other payment methods
• AI-powered tenant communication by voice, SMS, and messaging
• Maintenance work order creation, routing, and tracking
• Lease document storage and tenant portal access
• Payment reminders and automated late fee processing

Upscare is a software tool. We are not a licensed property management company, real estate broker, attorney, or financial advisor. You remain solely responsible for compliance with landlord-tenant law, lease obligations, fair housing requirements, and all other applicable regulations in your jurisdiction.

• You are responsible for maintaining the confidentiality of your login credentials.
• You must notify us immediately of any unauthorized account access at support@upscare.net.
• You may not share your account or allow third parties to access the platform under your credentials without our written consent.
• We reserve the right to suspend accounts that show signs of fraudulent or abusive activity.

• Upscare charges a subscription fee of $12 per door per month, subject to change with 30 days' notice.
• The first five doors are free for the life of your account.
• Fees are billed monthly in advance. Failed payments may result in temporary suspension of your account.
• All fees are in US dollars unless otherwise stated.
• Refunds are not provided for partial billing periods, except where required by law.

You agree not to use Upscare to:

• Violate any applicable federal, state, provincial, or local law, including fair housing and anti-discrimination laws
• Harass, threaten, or discriminate against tenants
• Process payments for illegal purposes
• Attempt to reverse-engineer, scrape, or copy any part of the platform
• Introduce malware or interfere with platform operations
• Impersonate another person or entity

You retain ownership of all data you upload to Upscare, including property information, lease documents, and tenant communications. You grant Upscare a limited, non-exclusive license to store, process, and transmit your data solely to provide the services described in these Terms. We will not use your data for advertising, profiling, or any purpose beyond operating the platform and improving our services.

Upscare uses artificial intelligence for tenant call handling, messaging drafts, and maintenance routing. You acknowledge that:

• AI responses may occasionally be inaccurate or incomplete.
• You are responsible for reviewing any AI-drafted communications before they are sent, where the platform provides that option.
• AI features do not constitute legal, financial, or property management advice.
• You remain liable for all tenant communications sent via the platform, whether AI-generated or manual.

Rent collection and disbursement services are provided in partnership with licensed payment processors. Upscare does not hold client funds as a regulated trust. Funds are transmitted through third-party processors subject to their own terms. Upscare is not liable for delays or failures caused by banking or payment network issues outside our control.

To the fullest extent permitted by law, Upscare's total liability to you for any claim arising from use of the platform shall not exceed the fees paid by you in the three (3) months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including lost rent, tenant disputes, eviction costs, or property damage. Some jurisdictions do not allow these limitations; in those cases, liability is limited to the minimum extent permitted by law.

The platform is provided "as is" without warranties of any kind, express or implied. We do not warrant uninterrupted or error-free operation. We do not guarantee that AI features will perform accurately in all circumstances. We are not responsible for tenant non-payment, lease breaches, or property damage.

You agree to indemnify and hold harmless Universal Production Services LLC, its officers, employees, and agents from any claim, liability, or expense (including reasonable attorneys' fees) arising from your use of the platform, your violation of these Terms, or your violation of any applicable law in connection with your rental properties.

Either party may terminate the agreement at any time. You may close your account by contacting support@upscare.net. We may suspend or terminate accounts for violations of these Terms, with or without prior notice depending on the severity of the violation. Upon termination, you may export your data for 30 days, after which it will be deleted subject to our legal retention obligations.

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved by binding arbitration in Pinellas County, Florida, except that either party may seek injunctive relief in court for intellectual property violations. You waive the right to participate in a class action lawsuit or class-wide arbitration.

We may update these Terms from time to time. We will provide at least 14 days' notice of material changes via email to your registered address. Continued use of the platform after the effective date constitutes your acceptance of the updated Terms.