Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website located at upfrontly.com (the “Site”), operated by Upfrontly, Inc. (“Upfrontly,” “we,” “us,” or “our”). By accessing the Site, you agree to these Terms. If you do not agree, please do not use the Site.

1. Who these Terms apply to

These Terms apply to all visitors to the Site. They do not govern any contractual relationship between you and Upfrontly for our products or services. If you enter into a separate written agreement with Upfrontly (for example, a platform integration agreement, receivables purchase agreement, or capital partner facility), that agreement controls with respect to the matters it addresses.

2. Permitted use

You may access and view the Site for lawful, informational, and business-evaluation purposes. You agree not to:

• Use the Site in violation of any applicable law or regulation.
• Copy, reproduce, republish, or exploit Site content for commercial purposes without our prior written consent.
• Interfere with or disrupt the Site, its servers, or any networks connected to the Site.
• Attempt to gain unauthorized access to any portion of the Site, other accounts, or our systems.
• Use automated tools (bots, scrapers, crawlers) to harvest data from the Site, except as permitted by our robots.txt.
• Impersonate any person or misrepresent your affiliation with any person or entity when interacting with our forms or communications.

3. Intellectual property

The Site and its content — including text, graphics, logos, icons, images, software, and the “Upfrontly” name and logo — are owned by Upfrontly or our licensors and are protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted, you may not use any of this content without our prior written consent.

You may link to the Site from your own website or social media, provided the link is not misleading and does not imply an endorsement, sponsorship, or affiliation that does not exist.

4. Forms and submissions

When you submit information through a form on the Site (pilot request, promoter or app developer waitlist, capital partner inquiry, or contact form), you represent that the information you provide is accurate and that you are authorized to share it. We treat submitted information in accordance with our Privacy Policy.

Submission of a form does not create any contractual obligation on Upfrontly’s part to engage with you or to offer any product or service. We may decline to respond to any submission at our discretion.

5. No advice; no offer

The content of the Site is provided for informational purposes only. Nothing on the Site constitutes:

• Financial, investment, legal, tax, or accounting advice.
• An offer to lend or an offer to provide financing to any person.
• An offer or solicitation to buy or sell securities, or to participate in any investment.
• An offer to provide insurance coverage. Insurance products referenced on the Site are underwritten by third-party carriers and offered subject to separate terms, eligibility, and regulatory approval.

See our Disclosures page for additional regulatory notices.

6. Third-party content and links

The Site may link to or reference third-party websites, products, or services. Those links are provided for convenience and do not imply endorsement. We are not responsible for the content, accuracy, or practices of any third party.

7. Disclaimer of warranties

The Site is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Site will be uninterrupted or error-free. We do not warrant that any defects will be corrected or that the Site is free of viruses or other harmful components.

8. Limitation of liability

To the maximum extent permitted by applicable law, Upfrontly and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your access to or use of the Site, including loss of profits, data, goodwill, or business interruption, even if we have been advised of the possibility of such damages.

Where liability cannot be excluded under applicable law, our aggregate liability to you in connection with the Site is limited to USD 100.

9. Indemnification

You agree to defend, indemnify, and hold harmless Upfrontly and its affiliates, officers, employees, and agents from any claim, damage, loss, liability, or expense (including reasonable attorneys’ fees) arising from your breach of these Terms or your misuse of the Site.

10. Changes to the Site and Terms

We may modify the Site or these Terms at any time. Changes to these Terms take effect when posted, identified by the updated “Last updated” date above. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

11. Governing law; dispute resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to the Site or these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, except where applicable law permits you to bring a claim in your country of residence.

If you are a consumer resident in the EEA, UK, or Switzerland, you retain the benefit of any mandatory consumer-protection rights under the law of your country of residence.

12. Miscellaneous

If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce any right or provision is not a waiver of that right or provision. These Terms, together with the Privacy Policy and any other policies referenced here, constitute the entire agreement between you and Upfrontly regarding the Site.

13. Contact

Questions about these Terms: use the contact form on our About page.