Terms of Service

1. Who these terms cover

These Terms of Service (“Terms”) are between you (“Client,” “you”) and Upswing Strategies LLC, doing business as Upswing (“ Upswing,” “we,” “us,” “our”), a limited liability company organized under the laws of the State of Oregon.

By subscribing to Upswing’s services, you agree to these Terms.

If you are agreeing on behalf of a business, you represent that you have the authority to bind that business.

2. What Upswing provides

Upswing provides a monthly subscription service that includes a custom one-page website for your business, plus the hosting, domain, basic search visibility setup, analytics, monitoring, and tier-dependent ongoing updates that keep the site running.

The full scope of what is included at each pricing tier is published on our pricing page and incorporated into these Terms by reference. As of the effective date above, our tiers are:

We may add or modify tier offerings over time. Material changes are communicated to active subscribers as described in Section 22.

3. What is not included

To avoid confusion, the following are not part of any Upswing subscription:

• Multi-page websites, blogs, galleries, portfolios, e-commerce, or booking integrations.
• Paid advertising management.
• Social media management.
• Email marketing campaigns.
• Google Business Profile management (claiming, verifying, posting, review responses, or any other GBP activity).
• Phone answering or call-handling services.
• Logo design from scratch.
• Custom integrations with third-party CRMs, scheduling systems, or billing platforms.

Out-of-scope requests are not currently available as paid add-ons. They are politely declined.

4. Subscription and billing

4.1 Tiers and pricing

You may subscribe at any of the published tiers and may switch tiers at any time. Tier changes take effect at the next billing cycle.

4.2 Billing

All billing is processed through Stripe. By subscribing, you authorize Upswing to charge the payment method on file for the subscription fee on a recurring basis until you cancel in accordance with Section 7.

• Monthly subscriptions are billed on the same day each month, starting with your initial subscription date.
• Annual subscriptions are billed once at the start of the annual term and provide twelve months of service.

4.3 No setup fees

There are no setup fees, onboarding fees, or one-time activation charges.

4.4 Taxes

Prices do not include applicable sales or use tax, which will be added where required by law.

4.5 Failed payments

If a payment fails:

1. Days 1 to 3: Stripe automatically retries the payment.
2. Days 4 to 7: if the payment is still unresolved, your site is placed in maintenance mode (visible to you, not to the public) and we contact you to resolve.
3. Days 8 to 30: if the payment is still unresolved, your site is taken offline. Your subscription is paused. Your content and domain are retained.
4. Day 30+: if the payment is still unresolved, your subscription is treated as cancelled and the cancellation provisions in Section 7 apply.

You may resume service at any point during this process by updating your payment method and clearing the outstanding balance.

5. Delivery and timeline

5.1 14-day delivery target

Upswing’s target time from payment to live site is 14 calendar days, contingent on your participation in two structured revision rounds.

5.2 Client participation is the gating factor

The 14-day target assumes you participate in both revision rounds within the windows defined above. If you miss a feedback window, your go-live date is delayed by the same amount of time. Upswing is not responsible for delays caused by missed feedback windows.

5.3 Two revision rounds included

Two structured revision rounds are included in initial delivery. Each round addresses everything you submit through the feedback form. Requests outside the scope of one flagship landing page (for example, requests for additional pages, custom functionality, or full restructuring) are politely declined and do not delay go-live.

6. Post-launch updates

After your site goes live, you receive a monthly allowance of update requests based on your tier.

Minor updates include: phone number, email, hours, address, license or bond status, photo swap (one for one or pair), adding or removing a service from the list, typo or copy fixes, team member name changes, swapping which review is displayed, CTA button label changes, social media link updates, and color or typography adjustments within your brand.

Not minor: structural rebuilds, full layout overhauls, new custom functionality (booking widgets, chat, galleries), logo design from scratch, custom integrations, or anything requiring more than 2 hours of developer time.

Out-of-scope requests are not currently billable as separate projects. They are declined or deferred.

To submit an update request, email sage@upswingfast.com with your business name and a clear description of the change.

7. Cancellation

You may cancel your subscription at any time by email to sage@upswingfast.com from the email address on your account. We acknowledge cancellation requests within one business day.

7.1 30-day notice period

The cancellation notice period is 30 days from the date your email is received. You are billed for one final 30-day period at your standard tier rate. There are no partial-month refunds.

Your site remains fully live and operational through the end of the final billing period.

7.2 At the end of the final billing period

At the end of your final billing period:

• Your site is taken offline from the public domain.
• Your site, content, and domain are retained indefinitely unless you explicitly request deletion.
• You will be subscribed to a reactivation email series so you can return easily if you choose.

7.3 Annual subscription cancellation

Annual subscribers may cancel at any time, but no refund is issued for unused months. Service continues in full through the end of the twelve-month term regardless of when the cancellation request is received.

7.4 30-day refund

If you cancel within the first 30 days of your initial subscription and the site does not pass your gut test, Upswing will refund your first payment in full. No questions, no save offer.

8. Reactivation

If you cancel and later decide to return:

• There is no reactivation fee, ever.
• You re-subscribe at the then-current tier rate.
• We redeploy your retained site, with any updates you request as part of your re-onboarding.
• There is no cap on how many times you may cancel and reactivate.

9. Full buyout

If you want to leave Upswing and take your website and domain with you, you may purchase the full buyout for a one-time fee of $2,500.

The buyout transfers:

• A complete static export of your website (HTML, CSS, images, and all content).
• The domain registration to a registrar account of your choosing.
• The Google Analytics 4 property and Google Search Console property.

After the buyout, Upswing has no further involvement and you are responsible for all hosting, security, updates, domain renewals, and analytics.

The domain cannot be purchased separately from the website. The buyout transfers both together as a single package, or neither.

To request a buyout, email sage@upswingfast.com. A Stripe payment link will be sent on confirmation, and transfer will be initiated within 5 business days of payment.

10. Domain policy

While your subscription is active and during any post-cancellation retention period, Upswing is the registrant of record for your domain. This is part of the managed-service arrangement: we handle registration, renewal, DNS, and email routing so you do not have to think about it.

Our commitments while we hold your domain:

• We will not let your domain lapse. Auto-renewal is on our account and is actively monitored.
• We will not redirect your domain to another business, our own pages, or any unrelated destination.
• Domain registration cost is included in your subscription. There is no separate renewal invoice.

If you already own a domain when you subscribe, we can point that domain to your Upswing-built site. In that case, you retain registrar control and manage renewals yourself.

The only way to take your domain with you on exit is the buyout described in Section 9.

11. Intellectual property

11.1 What Upswing owns

The following remain Upswing’s intellectual property and are licensed to you only for the duration of your subscription:

• The website framework, code, templates, and underlying systems.
• Design components, illustrations, and visual treatments that are part of Upswing’s design system.
• Any proprietary tooling Upswing uses to build, deploy, or maintain client sites.

These do not transfer to you on cancellation. They transfer only through the buyout described in Section 9.

11.2 What you own

The following are and remain your property:

• Your business name, logos, and brand assets.
• Photos you provide to us.
• Copy and content you provide to us.
• License information, certifications, and business credentials.
• Reviews authored by your customers.

You grant Upswing a non-exclusive license to use these assets for the purpose of building, hosting, and maintaining your website during your subscription.

11.3 Final exported site after buyout

After a buyout, you own the complete static export of your website. The export does not include the underlying tooling, deployment system, or any proprietary frameworks. It is a deliverable static site.

12. Your representations

By subscribing to Upswing, you represent and warrant that:

• All content you provide to us (copy, images, license numbers, reviews) is accurate and not misleading.
• You have the legal right to use all content you provide.
• Your business holds any licenses, registrations, certifications, or insurance required to operate in your jurisdiction, and any license or certification numbers you ask us to display are current and valid.
• All customer reviews displayed on your website are authentic and were authored by actual customers.
• You will not ask us to display content that is unlawful, deceptive, defamatory, or that infringes the intellectual property of others.

You agree to indemnify and hold Upswing harmless from any claim arising from a breach of these representations.

13. Performance

13.1 Uptime target

Upswing targets 99.5% monthly uptime for client sites. Scheduled maintenance and force majeure events are excluded from this target.

13.2 No guarantees on rankings, traffic, or revenue

Upswing does not guarantee any specific result from the services. Specifically:

• No Google ranking guarantees. Search engine results are controlled by Google, not by Upswing.
• No traffic volume guarantees. Traffic depends on many factors outside Upswing’s control.
• No lead volume or revenue guarantees. Whether your phone rings depends on the quality of your work, your reputation, your market, and many factors beyond your website.

We do everything we legitimately can to help, including page speed, schema, on-page search optimization, and monthly keyword work at the upper tiers. No legitimate web company guarantees Google rankings, and we will not pretend otherwise.

14. Limitation of liability

To the maximum extent permitted by law:

• Upswing’s total aggregate liability to you, for any and all claims arising out of or related to these Terms or the services, is limited to the greater of (a) the total fees you paid to Upswing in the three months immediately preceding the event that gave rise to the claim, or (b) six hundred dollars ($600).
• Upswing is not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if Upswing has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.

15. Dispute resolution

15.1 Direct resolution first

If a dispute arises, you agree to contact Upswing in writing at sage@upswingfast.com and to give Upswing 30 days to attempt to resolve the dispute directly before initiating any other proceeding.

15.2 Binding arbitration

If the dispute is not resolved within 30 days, you and Upswing agree to resolve all disputes through binding arbitration in Marion County, Oregon, under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will be conducted by a single arbitrator. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

15.3 No class actions

You and Upswing agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

15.4 Governing law

These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles.

16. Force majeure

Upswing is not liable for any failure or delay in performance caused by events outside our reasonable control, including natural disasters, acts of war or terrorism, civil unrest, government action, public health emergencies, internet service outages affecting our hosting providers, or other events of force majeure.

17. Assignment

You may not assign or transfer these Terms or your subscription without Upswing’s prior written consent. Upswing may assign these Terms in connection with a sale of the business, a merger, or a reorganization, with notice to you.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the original intent.

19. Waiver

A failure by Upswing to enforce any provision of these Terms is not a waiver of the right to enforce it later.

20. Notices

Notices required under these Terms must be in writing. Notices to Upswing must be sent to sage@upswingfast.com or to 249 Liberty St NE #120, Salem, OR 97302. Notices to you will be sent to the email address on your account.

21. Entire agreement

These Terms, together with the published pricing page and the Privacy Policy, constitute the entire agreement between you and Upswing regarding the services. They supersede any prior agreements, communications, or understandings.

22. Changes to these Terms

Upswing may update these Terms from time to time. The “Last updated” date at the top of the document reflects the most recent revision.

Material changes will be communicated to active subscribers by email at least 30 days before they take effect. Continued use of the services after a change takes effect constitutes acceptance of the updated Terms. If you do not accept a material change, you may cancel under Section 7.

Non-material changes (typo corrections, clarifications that do not change rights or obligations) may take effect immediately and will be reflected in the “Last updated” date.

23. Contact

Questions about these Terms:

• Email: sage@upswingfast.com
• Phone: 971-509-5656
• Mail: Upswing, 249 Liberty St NE #120, Salem, OR 97302