About Us - Upscale Consulting

Terms and Conditions

Last Updated: November 21, 2025

1. Introduction and Acceptance of Terms

These Terms and Conditions ("Agreement") constitute a legally binding agreement between Consulting Upscale ("Company," "we," "us," or "our") and you ("User," "you," or "your"). By accessing, browsing, or using our website, services, products, or any content available through consultingupscale.com and related platforms (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by all terms, conditions, and notices contained in this Agreement.

If you do not agree with any part of these Terms and Conditions, you must immediately discontinue use of our Services. Your continued use of our Services constitutes acceptance of all terms herein.

2. Service Description

Consulting Upscale provides business consulting, strategy, and related professional services as described on our website. Our Services may include but are not limited to:

  • Business consultation and advisory services
  • Strategic planning and execution
  • Market analysis and business development
  • Digital transformation and automation consulting
  • Integration of third-party platforms and technologies
  • Training and support services

The specific scope of Services will be defined in individual service agreements, proposals, or statements of work executed between the Company and the Client.

3. User Eligibility and Registration

3.1 Age and Capacity

You represent and warrant that:

  • You are at least 18 years of age (or the age of legal majority in your jurisdiction)
  • You have the legal capacity to enter into this Agreement
  • You are not prohibited by law from using our Services

3.2 Business Users

If you are using our Services on behalf of a business, organization, or entity, you represent and warrant that you are authorized to bind such entity to these Terms and Conditions, and all references to "you" shall include such entity.

3.3 Account Information

If registration is required to use our Services, you agree to:

  • Provide accurate, current, and complete information
  • Maintain the confidentiality of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized access or use

You are responsible for all actions taken through your account, whether authorized or unauthorized.

4. Intellectual Property Rights

4.1 Company Ownership

All content, materials, text, graphics, logos, images, software, and other intellectual property available through our Services (collectively, "Content") are the exclusive property of Consulting Upscale or our licensors and are protected by copyright, trademark, and other intellectual property laws.

4.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services solely for lawful, personal, or business purposes. This license does not permit you to:

  • Reproduce, modify, or create derivative works
  • Distribute, sublicense, or transfer content
  • Use content for commercial purposes without written permission
  • Remove copyright, trademark, or other proprietary notices
  • Reverse engineer or attempt to extract source code

4.3 User-Generated Content

If you submit, post, or transmit any content through our Services ("User Content"), you:

  • Grant Consulting Upscale a worldwide, non-exclusive, royalty-free license to use, modify, and distribute such content
  • Warrant that you own or have permission to use such content
  • Assume all responsibility for User Content and its accuracy
  • Release Consulting Upscale from any claims related to User Content

5. SMS/Messaging and A2P 10DLC Compliance

5.1 Opt-In Requirement

By providing your mobile phone number and consenting to receive SMS messages, you are explicitly opting in to receive text messages from Consulting Upscale and authorized representatives. Your affirmative consent is required before any marketing or transactional SMS communications are sent.

5.2 Message Types

You may receive the following types of messages:

  • Transactional Messages: Service updates, confirmations, delivery notifications, and account information
  • Marketing Messages: Promotional offers, announcements, and service updates (only with prior explicit consent)
  • Informational Messages: Important notices, policy updates, and compliance-related communications

5.3 Message Frequency and Rates

You acknowledge that:

  • Message frequency may vary and is at the discretion of Consulting Upscale
  • Standard SMS rates may apply from your wireless carrier
  • Consulting Upscale is not responsible for carrier charges
  • You should contact your carrier for details on messaging rates and plans

5.4 Opt-Out Procedure

You may opt out of SMS communications at any time by:

  • Replying "STOP" to any text message received
  • Contacting us directly at the contact information provided below
  • Updating your preferences in your account settings

Upon receiving an opt-out request, we will cease sending you SMS messages within the timeframe required by law. Standard message and data rates will still apply to opt-out messages.

5.5 Data Security and Privacy

  • Your mobile phone number will NOT be shared, sold, or provided to third parties for marketing purposes without explicit consent
  • Your phone number is used solely for the purposes stated in our Privacy Policy
  • We implement industry-standard security measures to protect your personal information
  • Unauthorized use or abuse of our SMS system is strictly prohibited

5.6 Carrier Compliance

We comply with all applicable laws and regulations governing SMS/A2P 10DLC messaging, including TCPA, GDPR, CCPA, and carrier requirements. You acknowledge that non-compliance with opt-in/opt-out procedures may result in account termination.

6. Limitations of Liability and Disclaimers

6.1 "As-Is" Disclaimer

Our Services are provided on an "AS-IS" and "AS-AVAILABLE" basis. Consulting Upscale makes no warranties, express or implied, regarding:

  • Accuracy, completeness, or reliability of content or services
  • Fitness for a particular purpose
  • Non-infringement of third-party rights
  • Merchantability or quality

6.2 Third-Party Services

Our Services may integrate or reference third-party platforms, APIs, and services (e.g., Twilio, GoHighLevel, CRMs, payment processors). Consulting Upscale:

  • Does not guarantee the availability or performance of third-party services
  • Is not responsible for third-party service interruptions or failures
  • Recommends reviewing third-party terms and privacy policies
  • Is not liable for damages resulting from third-party service failures

6.3 Limitation of Damages

To the maximum extent permitted by law, Consulting Upscale shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of data, revenue, profits, or business opportunities
  • Damages arising from service interruptions, security breaches, or unauthorized access
  • Damages from use or inability to use our Services

In no event shall our total liability exceed the amount you paid for Services in the 12 months preceding the claim.

6.4 User Responsibility

You assume all risk associated with:

  • Your use of our Services
  • Loss or corruption of data
  • Unauthorized access to your account
  • Third-party actions or content

7. User Conduct and Prohibited Activities

You agree not to use our Services to:

7.1 Illegal Activities

  • Violate any applicable laws, regulations, or third-party rights
  • Transmit spam, phishing, malware, or malicious code
  • Facilitate fraud, money laundering, or illegal gambling
  • Engage in harassment, threats, or abusive behavior
  • Violate intellectual property, privacy, or publicity rights

7.2 Abuse of Services

  • Attempt to gain unauthorized access to our systems
  • Interfere with system functionality or security
  • Reverse engineer, decompile, or attempt to extract source code
  • Use automated tools (bots, scrapers) without authorization
  • Bypass authentication or security measures
  • Create multiple accounts for prohibited purposes
  • Send unsolicited bulk messages or SMS spam
  • Violate TCPA, GDPR, CCPA, or other privacy regulations

7.3 Unethical Use

  • Impersonate others or misrepresent identity
  • Make false or misleading claims
  • Engage in deceptive practices
  • Violate opt-in/opt-out requirements for SMS messaging
  • Use our Services for purposes outside the stated scope

8. Account Suspension and Termination

8.1 Suspension Rights

Consulting Upscale reserves the right to suspend or terminate your account immediately if:

  • You violate these Terms and Conditions
  • You engage in fraud or illegal activity
  • You breach SMS compliance requirements (opt-in/opt-out violations, TCPA violations)
  • You transmit spam or abusive content
  • You violate third-party terms or rights
  • You pose a risk to our platform or other users

8.2 Effect of Termination

Upon termination:

  • Your access to Services immediately ceases
  • You forfeit any outstanding balance or credits
  • We may retain your data as required by law
  • Your liability for breaches continues indefinitely

8.3 No Liability for Termination

Consulting Upscale is not liable for damages resulting from account suspension or termination due to your violation of these Terms and Conditions.

9. Indemnification

You agree to indemnify, defend, and hold harmless Consulting Upscale, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from or related to:

  • Your use of our Services
  • Your violation of these Terms and Conditions
  • Your infringement of third-party rights
  • Your User Content
  • Your breach of applicable laws or regulations

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the jurisdiction in which Consulting Upscale is located, without regard to its conflict of law principles.

10.2 Dispute Resolution

Any disputes arising from these Terms and Conditions shall be resolved through:

  • Informal Resolution: Good-faith negotiation between the parties
  • Mediation: If informal resolution fails, binding mediation or arbitration
  • Legal Action: If mediation fails, legal action in the appropriate courts

You agree to waive any right to jury trial and class action participation in disputes with Consulting Upscale.

10.3 Waiver of Class Action

You agree that any proceedings between you and Consulting Upscale shall be conducted on an individual basis, not as a class or representative action.

11. Third-Party Links and Content

Our website may contain links to third-party websites, services, and content. Consulting Upscale:

  • Does not endorse or assume responsibility for third-party content
  • Is not liable for damages from third-party websites or services
  • Recommends reviewing third-party terms, privacy policies, and security practices
  • Is not responsible for third-party content accuracy or legality

Your use of third-party services is governed by their respective terms and conditions.

12. Data Protection and Privacy

For information on how we collect, use, and protect your personal information, please refer to our Privacy Policy. By using our Services, you consent to our data practices as outlined in the Privacy Policy.

Key points:

  • Your personal data is protected under applicable privacy laws
  • We do not sell or share your data with third parties for marketing without consent
  • Mobile phone numbers are used exclusively for stated purposes
  • You have the right to access, correct, or delete your personal data (subject to legal requirements)

13. Modifications to Terms

Consulting Upscale reserves the right to modify these Terms and Conditions at any time. Material changes will be communicated via email or prominent notice on our website. Your continued use of our Services following such modifications constitutes acceptance of the updated Terms and Conditions.

Changes to SMS compliance requirements, opt-in/opt-out procedures, or data protection practices will be communicated with adequate notice to ensure compliance.

14. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other agreements you may have with Consulting Upscale, constitute the entire agreement between you and Consulting Upscale and supersede all prior and contemporaneous agreements, understandings, and communications.

16. Contact Information

For questions, concerns, or requests regarding these Terms and Conditions, please contact us:

Consulting Upscale
Email: [email protected]
Website: https://consultingupscale.com/

For SMS opt-out requests, reply "STOP" to any text message, or contact us directly with your mobile phone number.

Addendum: A2P 10DLC SMS Compliance Acknowledgment

By enrolling in SMS services through Consulting Upscale, you acknowledge:

  • Explicit Opt-In: I have explicitly consented to receive SMS messages
  • No Third-Party Sharing: My mobile number will not be shared with third parties for marketing
  • Opt-Out Available: I understand I may opt out at any time by replying "STOP"
  • Compliance: I will comply with all applicable SMS and data protection laws
  • Carrier Charges: I acknowledge potential carrier messaging rates may apply
  • Sole Purpose: SMS communications are for the stated business purposes only

End of Terms and Conditions

This document is designed for A2P 10DLC compliance with Twilio and other SMS service providers. For legal advice tailored to your specific jurisdiction and business model, consult with a qualified attorney.