Last updated: 25/06/2025
Welcome to Upsel (“Upsel,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Upsel website, services, and platform (collectively, the “Service”). By using our Service, you agree to be bound by these Terms.
Upsel™ is an AI-driven business performance platform designed for service-based businesses. Our Service connects with your Point of Sale (POS) system to transform your sales, staff, and attendance data into real-time, actionable insights. Key features include Key Performance Indicator (KPI) tracking, interactive dashboards, staff performance analysis, and automated data synchronization.
To use the Service, you must register for an account and provide accurate information. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must be at least 18 years old and have the legal authority to represent your business to use our Service.
The Service is offered through various subscription plans. Fees are billed in advance on a recurring basis, as specified in your chosen plan. You can manage your subscription, including upgrades, downgrades, and cancellations, through your account settings. All payments are non-refundable except as required by law.
You retain full ownership of all the business data you sync with our Service, including but not limited to sales, staff, product, and attendance data (“Business Data”). By using the Service, you grant Upsel a worldwide, non-exclusive, royalty-free license to access, process, store, and display your Business Data solely for the purpose of providing and improving the Service for you.
To use the core features of our Service, you must connect a compatible third-party POS system (e.g., Tevalis). By authorizing this connection, you grant us the right to access and synchronize data from your POS system via its API on your behalf. This access is essential for us to provide the Service, and you affirm that you have the necessary authority to grant us this access. You are responsible for complying with your POS provider’s terms of service.
You agree not to use the Service to:
We reserve the right to suspend or terminate accounts that violate these terms.
We strive to ensure the Service is available and reliable. However, we do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, upgrades, or reasons beyond our control.
We reserve the right to modify these Terms at any time. We will notify you of significant changes via email or through the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
The Service is provided “as is” and “as available” without warranties of any kind. To the fullest extent permitted by law, Upsel shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Service.
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
If you have any questions about these Terms, please contact us at [email protected].
