Terms of Service

1. Acceptance of Terms

Welcome to Upturnly. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Upturnly ("Company," "we," "us," or "our"), governing your use of our B2B lead generation services.

By engaging our services, signing a service agreement, or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

These Terms may be supplemented by specific service agreements or proposals provided for individual engagements. In case of conflict, the specific service agreement shall prevail.

2. Description of Services

Upturnly provides B2B lead generation and outbound sales services designed to help businesses build predictable sales pipelines. Our services include:

2.1 Cold Email / Sales Engine

• Email infrastructure setup and warmup
• Prospect list building and verification
• Email copywriting and sequence creation
• Campaign execution and management
• Response handling and lead qualification

2.2 LinkedIn Lead Generation

• LinkedIn profile optimization
• Connection request campaigns
• Direct message sequences
• Content engagement strategies
• Lead nurturing and follow-up

2.3 Lead Research

• Ideal Customer Profile (ICP) development
• Prospect identification and verification
• Contact data enrichment
• Company and decision-maker research

2.4 Super SDR Services

• Dedicated Sales Development Representatives
• Omnichannel outreach execution
• Appointment setting and qualification
• CRM management and reporting

3. Client Engagement Process

Our engagement process typically follows these steps:

1. Discovery Call: Initial consultation to understand your business, target market, and goals
2. Proposal: Custom proposal outlining scope, deliverables, timeline, and pricing
3. Agreement: Signing of service agreement and payment of initial fees
4. Onboarding: Collection of necessary information, access, and materials
5. Campaign Setup: ICP development, messaging creation, and infrastructure setup
6. Execution: Active campaign management and optimization
7. Reporting: Regular updates on campaign performance and results

4. Client Responsibilities

To ensure successful service delivery, you agree to:

4.1 Information Provision

• Provide accurate and complete information about your business, products, and services
• Supply necessary branding materials, case studies, and social proof
• Define and approve target market criteria (ICP)
• Provide timely feedback on messaging and campaign materials

4.2 Access & Permissions

• Grant necessary access to required platforms (LinkedIn, CRM, etc.) where applicable
• Provide domain access for email infrastructure setup if required
• Authorize the use of company information in outreach communications

4.3 Timely Response

• Respond to leads and qualified appointments within agreed timeframes
• Provide feedback on lead quality and appointment outcomes
• Participate in regular check-in calls and reviews

4.4 Ethical Use

• Use leads generated only for legitimate business purposes
• Not engage in deceptive, fraudulent, or unethical practices
• Comply with all applicable laws and regulations

5. Pricing & Payment

5.1 Custom Pricing

Our services are priced on a custom basis depending on your specific requirements, target market complexity, and scope of engagement. All pricing will be clearly outlined in your individual proposal or service agreement.

5.2 Payment Terms

• Payment terms and schedule will be specified in your service agreement
• Typically, an upfront payment is required before campaign commencement
• Recurring services may be billed monthly in advance
• All payments are to be made in the currency specified in the agreement

5.3 Late Payments

• Late payments may result in service suspension
• We reserve the right to charge interest on overdue amounts
• Persistent non-payment may result in termination of services

5.4 Refund Policy

Due to the nature of our services and the resources committed upon engagement:

• Setup fees are generally non-refundable once work has commenced
• Monthly retainer fees are non-refundable for the current billing period
• Specific refund terms may be negotiated in individual service agreements

6. Deliverables & Results

6.1 Deliverable Definitions

• Lead: A prospect who has shown interest by responding positively to outreach
• Qualified Lead: A lead that matches your ICP and has expressed genuine interest in learning more
• Appointment: A scheduled meeting or call with a qualified prospect

6.2 Result Expectations

While we strive to deliver exceptional results, you acknowledge that:

• Results may vary based on market conditions, industry, and offering
• Response rates depend on multiple factors including your value proposition
• We do not guarantee specific numbers of leads, appointments, or sales
• Past performance or case studies do not guarantee future results

6.3 Reporting

We provide regular reports including:

• Campaign performance metrics (emails sent, opens, replies)
• Lead and appointment tracking
• Optimization recommendations
• Weekly or monthly review calls (as agreed)

7. Intellectual Property

7.1 Our Intellectual Property

Upturnly retains ownership of:

• Proprietary methodologies, processes, and frameworks
• Campaign templates and sequence structures
• Software, tools, and systems we develop
• Training materials and documentation

7.2 Client Materials

You retain ownership of:

• Your company branding and marketing materials
• Case studies and testimonials you provide
• Proprietary business information shared during engagement

7.3 Campaign Materials

Email copy, messaging sequences, and creative materials developed specifically for your campaigns:

• May be used by you for your ongoing sales efforts
• Cannot be resold or distributed to third parties
• May be referenced by us as portfolio examples (with your permission)

7.4 Lead Data

Prospect and lead data generated during campaigns:

• Is provided to you for your business use
• Should be handled in compliance with applicable privacy laws
• Should not be resold to third parties

8. Confidentiality

Both parties agree to maintain confidentiality regarding:

• Business strategies, plans, and proprietary information
• Pricing and commercial terms
• Campaign performance data and metrics
• Prospect and customer information
• Technical systems and processes

Confidential information shall not be disclosed to third parties without prior written consent, except as required by law or to service providers bound by confidentiality obligations.

Confidentiality obligations survive termination of the engagement for a period of two (2) years.

9. Compliance & Email Regulations

We take compliance seriously and operate within the following frameworks:

9.1 Email Marketing Compliance

• CAN-SPAM Act: All emails include proper identification, physical address, and opt-out mechanisms
• GDPR: We respect data subject rights and process data lawfully for B2B outreach
• CASL: For Canadian prospects, we ensure implied or express consent requirements are met

9.2 Platform Terms

• LinkedIn outreach complies with LinkedIn's User Agreement and Professional Community Policies
• Email campaigns use properly warmed domains and follow deliverability best practices

9.3 Client Compliance Obligations

You are responsible for:

• Ensuring your products/services are legal and compliant
• Handling lead data in compliance with applicable laws
• Honoring opt-out requests from prospects
• Not using our services for spam, fraud, or illegal purposes

10. Warranties & Disclaimers

10.1 Our Warranties

We warrant that:

• Services will be performed professionally and with reasonable skill
• We will use commercially reasonable efforts to achieve agreed objectives
• Our team has the expertise to deliver the services described

10.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant:

• Specific numbers of leads, appointments, or sales
• Response rates or conversion rates
• That services will meet all your expectations
• Uninterrupted or error-free service delivery

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability for any claims arising from services shall not exceed the fees paid by you in the three (3) months preceding the claim
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for lost profits, revenue, business opportunities, or data
• We shall not be liable for actions taken by prospects or leads generated

These limitations apply regardless of the theory of liability (contract, tort, negligence, or otherwise).

12. Termination

12.1 Termination by Client

• You may terminate services with written notice as specified in your service agreement
• Typical notice period is 30 days for monthly retainer arrangements
• Early termination may forfeit prepaid fees depending on agreement terms

12.2 Termination by Upturnly

We may terminate services immediately if you:

• Fail to make payments when due
• Breach material terms of the agreement
• Use services for illegal or unethical purposes
• Provide false or misleading information
• Engage in conduct that damages our reputation

12.3 Effect of Termination

• All outstanding fees become due and payable
• We will provide any deliverables completed to date
• Access to our systems and tools will be revoked
• Confidentiality and intellectual property provisions survive termination

13. General Provisions

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts in Udaipur, Rajasthan, India.

13.2 Entire Agreement

These Terms, together with any applicable service agreements, constitute the entire agreement between the parties and supersede all prior understandings.

13.3 Amendment

We may update these Terms from time to time. Material changes will be communicated to active clients. Continued use of services after changes constitutes acceptance.

13.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

13.5 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor or affiliate.

13.6 Force Majeure

Neither party shall be liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, acts of government, or widespread technical failures.

13.7 Waiver

Failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

14. Contact Information

If you have any questions about these Terms of Service, please contact us: