Terms and conditions

These Terms of Service (“Terms”) govern your access to and use of the subscription service ("Service") provided by Upward News (“we,” “us,” “our”). By subscribing or using the Service, you agree to be bound by these Terms.

1. Account Registration & Management

1.1 You must be at least 18 years old and legally capable of entering a binding agreement.

1.2 You are responsible for maintaining the security of your account credentials and for keeping your billing and contact information accurate.

1.3 You may manage your account settings, update information, and contact support through the user portal.

2. Subscription & Payment Terms

2.1 Subscription Process

By subscribing, you agree to receive digital content (e.g., emails, newsletters) and to be charged based on your selected plan.

2.2 Payment Terms

• Subscription fees are billed at the start of each billing cycle (monthly or annual).

• All charges are processed in U.S. Dollars (USD).

• Accepted payment methods include credit/debit cards and any other method shown at checkout.

2.3 Auto-Renewal

Subscriptions automatically renew unless canceled prior to the end of the current billing cycle. You will be notified of any changes to pricing or service terms in advance.

2.4 Chargebacks & Payment Disputes

By subscribing, you agree not to initiate a chargeback with your credit card issuer for subscription fees. All billing inquiries must be directed to Upward News at [email protected].

• Unauthorized or fraudulent transactions should be reported immediately, and we will work with you to resolve them.

• Any chargeback filed without first contacting us may be considered a breach of these Terms and may result in suspension or termination of your account.

• If a chargeback is granted by your card issuer in violation of these Terms, we reserve the right to pursue collection, including reimbursement of fees and costs associated with the dispute.

3. Cancellation & Refund Policy

3.1 Cancellation

You may cancel at any time through your account dashboard or by contacting customer support. Cancellation takes effect at the end of the current billing period. Access will continue through that period; no prorated refunds will be issued.

3.2 Strict No Refund Policy

All subscription fees are non-refundable. By subscribing, you acknowledge and accept that no refunds will be issued for any reason, including but not limited to:

• Failure to cancel before renewal

• Partial use of the service

• Lack of use or engagement

• Unintentional renewal

• Dissatisfaction with content

• Failure to receive emails due to inbox settings, spam filters, or delivery issues. You must notify us if you are not receiving the Service so we can assist. Non-delivery without notice is not grounds for a refund.

• Initiating a credit card chargeback does not override this no-refund policy. All disputes must be handled directly with Upward News.

3.3 Exceptions

Refunds will only be issued in the event of a duplicate charge for the same subscription period.

3.4 Refund Processing

Approved refunds will be processed within 14 business days of confirmation.

4. Content Rights & Usage

4.1 Content provided by Upward News—including emails, articles, newsletters, and any related material—is the exclusive property of Upward News and is protected by applicable copyright and intellectual property laws.

4.2 You are granted a limited, non-transferable, non-sublicensable license to access and use the content for personal, non-commercial use only.

4.3 You may not reproduce, copy, distribute, publish, transmit, modify, create derivative works from, or publicly display any content without express written permission from Upward News.

5. Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws in connection with your use of the Service.

6. Privacy

Your use of the Service is subject both to the privacy policy of Beehiiv (our email distribution platform) and the Upward News Privacy Policy, which explains how we collect, store, and use your subscriber data.

7. Service Interruptions & Force Majeure

We are not responsible for delays or failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, internet outages, government actions, or service provider failures.

8. Third-Party Services & Institutional Access

8.1 If you access the Service via a third-party platform (e.g., app store), their terms may also apply.

8.2 If you receive access through an organization or institution, those group terms will take precedence over individual terms.

9. Dispute Resolution & Legal Terms

9.1 Governing Law

These Terms are governed by the laws of Delaware.

9.2 Mandatory Arbitration

Except for claims that may be brought in small claims court, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in Delaware, unless we agree otherwise in writing.

9.3 Class Action Waiver

You agree that all disputes must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

9.4 Time Limitation

Any claim or cause of action must be filed within one (1) year after it arose; otherwise, it is permanently barred.

9.5 Injunctive Relief

Notwithstanding the above, we may seek injunctive or equitable relief in a court of competent jurisdiction to protect our intellectual property or confidential information.

10. Limitation of Liability

Our total liability under these Terms is limited to the total amount you have paid in subscription fees during the twelve (12) months immediately preceding the claim. We are not liable for indirect, incidental, special, or consequential damages.

11. Indemnification

You agree to indemnify and hold harmless Upward News and its affiliates from any claims, damages, or expenses resulting from your use of the Service, your violation of these Terms, or any misuse of the content provided.

12. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, uninterrupted, or secure.

13. Termination

We reserve the right to suspend or terminate your account, without refund, if you:

• Violate these Terms

• Engage in fraudulent, abusive, or unlawful activity

• Misuse the Service or its content

Termination does not affect provisions that should reasonably survive, including intellectual property, limitation of liability, indemnification, and dispute resolution.

14. Changes to Terms

We may update or modify these Terms at any time. If material changes are made, we will provide notice at least 30 days in advance. Continued use of the Service after such changes constitutes your acceptance.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16. Contact Information

For inquiries, contact: [email protected]

Mailing Address:

Upward News

PO BOX 960019

Inwood NY 11096