Terms of Service
These terms govern your use of Upmend, a managed monitoring and maintenance service for AI/no-code apps. By signing up for or using Upmend, you agree to these terms. We try to keep them short and plain.
What we provide
Upmend monitors your app for uptime and integration health, surfaces issues we detect, and performs routine maintenance and fixes within the scope of your subscription tier. Specific deliverables vary by plan and are described on our pricing page.
Your responsibilities
- Provide accurate information about your app, its dependencies, and your business contact details.
- Grant Upmend appropriate access to the platforms and services we need to monitor and maintain your app (typically as a collaborator with editor permissions; we never require owner-level credentials).
- Pay your subscription fee on time.
- Use Upmend only for your own apps and businesses. Don't use Upmend to access systems you don't own or have authorization for.
Subscription, billing, and refunds
- Plans are billed monthly in advance.
- You can cancel anytime; cancellation takes effect at the end of the current billing period.
- We do not offer refunds for partial months.
- Founding-customer pricing, when offered, is locked in for the duration listed on the offer (typically 12 months) as long as the subscription remains active without interruption.
What "routine fixes" includes
Each plan defines what counts as a routine fix. As a guideline, routine fixes are issues that take less than approximately two hours of focused work and do not fundamentally change how your app works. Examples include:
- Rotating an expired API key or token
- Re-authorizing a broken webhook
- Updating a dependency or plugin that broke a feature
- Redeploying your app after a platform change
- Fixing a single broken page or form
Larger work — including database migrations, building new features, rebuilding components from scratch, or anything taking more than half a day of focused work — is not included as a routine fix. We will quote such work as a separate engagement, and you can choose whether to accept the quote.
Response and resolution times
Response time means the time from when you submit a ticket (or our monitoring detects an issue) to when we acknowledge and begin investigating. It is not the time to a complete fix.
- Watch: monitoring only; no included response SLA on fixes.
- Mend: 48-hour response on routine fixes during business days.
- Partner: same-day response (typically within ~6 hours during business hours), plus a direct Slack channel for urgent matters.
Business hours are Monday–Friday, 9am–6pm Pacific Time, excluding US public holidays. Response times during weekends or holidays may be longer.
Limits on our service
While we work hard to catch issues quickly and fix them properly, Upmend is provided "as is." We do not guarantee:
- That every issue will be detected before your users notice
- That every fix will succeed or that fixes will not have unintended side effects
- That our service will be uninterrupted or error-free
We are not responsible for issues caused by upstream third parties (e.g., your hosting platform, payment processors, or AI providers), nor for damages caused by changes you make to your app outside of Upmend's work.
Liability
To the maximum extent permitted by law, Upmend's total liability arising out of or relating to these terms is limited to the fees you paid us in the three months preceding the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost revenue or lost business opportunities.
Confidentiality
We will treat any non-public information you share with us as confidential and use it only to provide our service. We will sign a standard mutual NDA on request.
Termination
You can cancel anytime through your account or by emailing hello@upmend.io. We may terminate or suspend service if you breach these terms, fail to pay, or use the service in a way that puts us or other customers at risk. We will give you reasonable notice unless the breach is material or urgent.
Changes to these terms
We may update these terms from time to time. If we make material changes, we will notify active customers by email at least 30 days in advance.
Governing law
These terms are governed by the laws of the State of California, USA, without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in California, unless mandatory law requires otherwise.
Contact
Questions about these terms? Email hello@upmend.io.