Terms of Service

Last updated: July 2026

These Terms of Service ("Terms") govern your access to and use of the software, websites, and services provided by The Upgrade ("we", "us", "our"). By creating an account, accessing, or using our services, you agree to these Terms. If you do not agree, do not use the services.

The service

The Upgrade provides a software platform for travel agencies and advisors to prepare quotes and invoices, manage client relationships, and communicate with their clients — including through the WhatsApp Business Platform, email, and calendar integrations. The platform is a business tool used by travel professionals to serve their own clients.

Accounts & eligibility

You must be at least 18 years old and able to form a binding contract to use the services.
You are responsible for the accuracy of the information you provide and for keeping your credentials secure.
You are responsible for all activity that occurs under your account and for your users' compliance with these Terms.

Acceptable use

You agree not to:

Use the services for unlawful, fraudulent, or deceptive purposes.
Send unsolicited or unlawful messages, spam, or content that violates the rights of others.
Violate the WhatsApp Business Messaging Policy, Meta's Platform Terms, or any applicable messaging regulations.
Attempt to gain unauthorized access to, disrupt, or reverse-engineer the services or their infrastructure.
Upload malware or use the services to infringe intellectual-property or privacy rights.

WhatsApp & third-party platforms

Our services integrate with third-party platforms, including the WhatsApp Business Platform and Meta Platforms, Google (Gmail and Calendar), and Stripe. Your use of those integrations is also subject to the respective provider's terms and policies. You are responsible for obtaining any consents required to message your own clients and for complying with the platforms' policies. We may suspend integration features if a provider requires it or if usage violates a provider's policy.

Customer data & privacy

Our handling of personal information is described in our Privacy Policy. You are responsible for the data you and your clients provide, for having a lawful basis to process it, and for honoring deletion and access requests from your own clients. We honor data-deletion requests as described in the Privacy Policy and via our data-deletion process.

Fees

Where a paid plan applies, fees and billing terms will be presented to you at signup or in a separate order. Charges for third-party usage (for example, WhatsApp conversation charges billed by Meta) are your responsibility and are governed by the applicable provider.

Intellectual property

We and our licensors retain all rights, title, and interest in the services, including all related software and content we provide. You retain ownership of the content and data you upload. You grant us a limited license to host and process your content solely to provide the services.

Disclaimers

The services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the services will be uninterrupted, error-free, or that third-party platforms will remain available.

Limitation of liability

To the maximum extent permitted by law, The Upgrade will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill arising out of or in connection with your use of the services.

Termination

You may stop using the services at any time. We may suspend or terminate access if you breach these Terms, if required by a third-party platform, or to protect the services or other users. Provisions that by their nature should survive termination will survive.

Changes to these Terms

We may update these Terms from time to time. The "last updated" date above reflects the latest version. Continued use of the services after changes take effect constitutes acceptance of the revised Terms.

Governing law

These Terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-laws rules. The courts located in that jurisdiction will have exclusive jurisdiction over any disputes arising from these Terms or the services.

Contact us

The Upgrade
Email: hello@theupgradeconcierge.com
780 Park Ave, Lakewood, NJ 08701, USA