These Terms of Service ("Terms") govern your use of the services provided by Upsosi, a Laenan Group company ("Company," "we," "us," or "our"). By signing up for or using our services, you agree to be bound by these Terms.
1. Services
Upsosi provides AI-powered content creation services, including but not limited to: AI avatar creation, voice cloning, video production, scriptwriting, content scheduling, and social media posting. Our services utilize artificial intelligence technology to generate content on your behalf.
2. AI Disclosure
All video content created by Upsosi is AI-generated. Videos feature AI-created avatars and AI-cloned voices based on your likeness and voice recordings. By using our services, you acknowledge and consent to the creation and distribution of AI-generated content featuring your likeness and voice.
You are responsible for disclosing the AI-generated nature of your content to your audience as required by applicable laws and platform policies.
3. Payment Terms
- Setup fees are due upon signing and are non-refundable under any circumstances.
- Monthly fees are billed on the 1st of each month and are due upon receipt.
- All charges are final. No refunds. This includes monthly service fees, setup fees, and any additional charges.
- Late payments may result in service suspension after 7 days and account termination after 30 days.
- We reserve the right to adjust pricing with 30 days written notice.
4. Minimum Contract Terms
- Essential and Growth plans: 3-month minimum commitment
- Premium and Enterprise plans: 6-month minimum commitment
- After the minimum term, services continue on a month-to-month basis.
- Month-to-month services may be cancelled with 30 days written notice.
5. Early Termination
If you terminate your service before the end of the minimum contract term:
- You will be charged an early termination fee equal to the remaining monthly fees for the balance of the minimum term.
- Setup fees are non-refundable regardless of when cancellation occurs.
- Early termination fees are due immediately upon cancellation.
- Access to the platform and services will be terminated upon processing of the early termination fee.
6. Content Ownership
- Client owns their content. All videos, scripts, and creative assets produced for your account are your property.
- You grant us a limited license to use your likeness, voice, and brand materials solely for the purpose of producing content under your service agreement.
- We retain ownership of our proprietary technology, AI models, processes, and platform.
- Upon account termination, you retain ownership of all content previously delivered. We will provide a final content export within 30 days of termination.
7. Client Responsibilities
You agree to:
- Provide accurate information for avatar creation, including video/photo assets and voice recordings
- Grant access to social media accounts necessary for content posting
- Review and approve content in a timely manner when requested
- Comply with all applicable laws and social media platform terms of service
- Not use our services for illegal, defamatory, or harmful purposes
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Our total liability to you shall not exceed the amount you paid for services in the 3 months preceding the claim.
- We are not liable for indirect, incidental, special, consequential, or punitive damages.
- We are not liable for any loss of business, revenue, profits, or data arising from the use of our services.
- We are not responsible for actions taken by social media platforms, including account suspensions, content removal, or policy changes.
- We make no guarantees regarding specific results, follower growth, engagement rates, or business outcomes.
9. Warranty Disclaimer
Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied. We do not warrant that services will be uninterrupted, error-free, or that any specific results will be achieved.
10. Indemnification
You agree to indemnify and hold harmless Upsosi, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services, your content, or your violation of these Terms.
11. Intellectual Property
The Upsosi name, logo, platform, AI models, algorithms, and technology are our proprietary intellectual property. You may not copy, modify, distribute, or create derivative works based on our technology.
12. Modifications to Terms
We may modify these Terms at any time. Material changes will be communicated with 30 days notice. Continued use of services after the effective date of changes constitutes acceptance.
13. Governing Law
These Terms are governed by the laws of the State of Florida. Any disputes shall be resolved in the courts of Collier County, Florida.
14. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
15. Contact
For questions about these Terms, contact us at:
Upsosi · A Laenan Group Company
Naples, FL
hello@upsosi.com
(305) 988-9666