Terms of Service

Last updated: April 2026

Uptrend Motion LLC · 122 East 42nd Street, 4th Floor · New York, NY 10168
[email protected]

Please read this Terms of Service ("Terms", "Terms of Service") carefully before using the https://uptrendmotion.com website (the "Website") operated by Uptrend Motion LLC, a Limited Liability Company formed in New York, United States ("us", "we", "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Prohibited Uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

• Impersonating or attempting to impersonate Uptrend Motion LLC or its employees, representatives, subsidiaries or divisions;
• Misrepresenting your identity or affiliation with any person or entity;
• Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
• Engaging in any conduct that restricts or inhibits any person's use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
• Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party's use of the Website;
• Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
• Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
• Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
• Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
• Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
• Otherwise attempting to interfere with the proper working of the Website;
• Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

No Warranty on Website

THIS WEBSITE IS PROVIDED "AS IS". NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, Errors and Inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and Limitation of Liability

IN NO EVENT SHALL UPTREND MOTION LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF UPTREND MOTION LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF UPTREND MOTION LLC ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY UPTREND MOTION LLC FROM YOU.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF UPTREND MOTION LLC.

Links to Third Party Websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual Property and DMCA Notice and Procedure for Intellectual Property Infringement Claims

All contents of this Website are © 2020–2026 Uptrend Motion LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, "Content") are the proprietary property of Uptrend Motion LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Uptrend Motion LLC or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Support at [email protected].

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled "Infringement of Intellectual Property Rights - DMCA." Your notice to us must include the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right's interest;
• A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
• Your name, email, address and telephone number; and
• A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys' fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Uptrend Motion LLC
Support
[email protected]
122 East 42nd Street, 4th Floor
New York, NY 10168
United States

Governing Law, Severability, Dispute Resolution, Venue and Class Action Waiver

These Terms shall be governed and construed in accordance with the laws of the state of New York, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in United States of America County, New York.

YOU AND UPTREND MOTION LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you 14 days in advance of making any changes to these Terms of Service via email campaign.

Products, Services and Subscription Plans

Uptrend Motion LLC offers a range of business products and services, including but not limited to AI-driven digital marketing services, sales consulting, software-as-a-service (SaaS) platform subscriptions, and ancillary business support services (collectively, "Services"). Access to certain Services requires enrollment in a subscription plan. Subscription plans are offered on a month-to-month or annual basis and are billed in accordance with the terms presented at the time of purchase.

By enrolling in a subscription plan or purchasing Services through the Website or any associated platform operated by Uptrend Motion LLC, you agree to the applicable subscription terms, pricing, and payment schedule. Uptrend Motion LLC reserves the right to modify, discontinue, or update any Service or subscription plan upon reasonable notice to you.

Retail Installment Plan

Uptrend Motion LLC offers eligible business clients the option to pay for select Services through a Retail Installment Plan ("RIP"). Under a RIP, the total annual value of the applicable Service is divided into twelve (12) equal monthly installments, payable over a 12-month loan cycle at zero percent (0%) interest. The RIP is an unsecured payment arrangement — no collateral, pledge, or personal guarantee is required.

Eligibility:

• SaaS Subscription Plans: All business clients enrolled in a SaaS subscription plan offered by Uptrend Motion LLC are automatically enrolled in the Retail Installment Plan upon activation of their subscription. No separate application is required.
• High-Ticket Services: Clients seeking installment payment terms for consulting, digital marketing, or other professional services must submit an application for review and approval by Uptrend Motion LLC. Approval is at the sole discretion of Uptrend Motion LLC and may be based on business credit profile, account standing, and other factors.
• Contract Value:The Retail Installment Plan is available for all eligible Services regardless of the total annual contract value, subject to approval by Uptrend Motion LLC.

General Terms:

• Monthly installments are due on the same calendar date each month corresponding to the plan start date.
• Installment plans carry a zero percent (0%) annual interest rate.
• A late fee of five percent (5%) of the outstanding past-due amount will be assessed on any installment remaining unpaid for more than thirty (30) calendar days after its due date.
• Early payment of any installment or the full remaining balance is permitted at any time without penalty.
• Upon completion of a 12-month cycle, the Retail Installment Plan automatically renews at the then-current contract value unless written notice of cancellation is provided at least thirty (30) days prior to the renewal date.

A default under a Retail Installment Plan may result in suspension of Services, acceleration of the outstanding balance, assessment of applicable fees, and referral to collections. Full terms governing the Retail Installment Plan are set forth in the Retail Installment Plan Addendum, which is incorporated herein by reference and made a part of these Terms of Service.

Business Credit Reporting

Uptrend Motion LLC is a data contributor to Experian Business Information Solutions and may furnish information about your business account — including payment history, account status, outstanding balances, and related account data — to Experian Business Information Solutions and other business credit reporting agencies (collectively, "Business CRAs") on a periodic basis.

Information that may be reported to Business CRAs includes:

• Business name, address, and tax identification number (EIN);
• Account open date and installment plan cycle dates;
• Original installment obligation amount and current outstanding balance;
• Monthly payment amount and payment schedule;
• Payment history, including on-time payments and delinquencies;
• Account status, including current, past due, and charge-off status;
• Industry classification codes (SIC and NAICS).

Uptrend Motion LLC reports account information using the Experian Commercial Payment Exchange Group (CPEG) reporting format, which is an industry-standard format for business credit data furnishing. Payment activity is reported using standardized aging categories consistent with Experian's reporting requirements.

Uptrend Motion LLC is committed to reporting accurate and complete information. If you believe any information reported by Uptrend Motion LLC to a Business CRA is inaccurate or incomplete, you have the right to dispute such information by submitting a written notice to [email protected]. Uptrend Motion LLC will investigate and respond to disputes within thirty (30) days of receipt.

Credit reporting under this section applies to business account data only. Uptrend Motion LLC does not furnish consumer credit information or access personal consumer credit reports in connection with standard account administration. All credit reporting activities are conducted in compliance with applicable law.

Credit Inquiry Authorization

By enrolling in a subscription plan, submitting a Retail Installment Plan application, or accessing credit-based Services offered by Uptrend Motion LLC, you authorize Uptrend Motion LLC to obtain and review your business credit profile from Experian Business Information Solutions and other business credit reporting agencies for the purposes of:

• Evaluating eligibility for installment payment terms;
• Approving access to credit-based Services; and
• Conducting periodic account reviews during the term of your Retail Installment Plan.

This authorization constitutes a permissible purpose under applicable law. Business credit inquiries conducted by Uptrend Motion LLC are limited to business credit data and do not include access to personal consumer credit reports. Uptrend Motion LLC does not require a personal guarantee as a condition of any Retail Installment Plan.

Consent to Credit Reporting

By enrolling in or accepting a Retail Installment Plan, or by activating a SaaS subscription plan offered by Uptrend Motion LLC, you expressly consent to the reporting of your business account payment history and related account information to Experian Business Information Solutions and other applicable Business CRAs as described in the Business Credit Reporting section above.

This consent is a condition of participation in the Retail Installment Plan. You may withdraw your consent at any time by providing written notice to [email protected]. Please note that withdrawal of consent will result in the termination of your Retail Installment Plan, and any outstanding balance will become immediately due and payable under standard payment terms. Withdrawal of consent does not affect the accuracy of any information previously reported to a Business CRA.

Uptrend Motion LLC will provide at least thirty (30) days' written notice prior to reporting any delinquency to a Business CRA where practicable.

Payment Terms and Late Fees

All Services offered by Uptrend Motion LLC are subject to the payment terms presented at the time of purchase or enrollment. For clients enrolled in a Retail Installment Plan, the following terms apply:

• Monthly installments are due on the scheduled due date and must be received by Uptrend Motion LLC on or before that date to be considered timely.
• Any installment remaining unpaid for more than thirty (30) calendar days past its due date will be subject to a late fee of five percent (5%) of the outstanding past-due amount. Late fees are assessed in addition to, and do not reduce, the outstanding installment balance.
• Uptrend Motion LLC reserves the right to offer early payment discounts or other payment incentives at its discretion. Any such incentive will be communicated in writing and is not guaranteed unless confirmed in a separate written agreement.
• All payment obligations are denominated in United States dollars.
• Uptrend Motion LLC processes payments through Stripe, Inc., a third-party payment processor. By providing payment information, you authorize Uptrend Motion LLC and its payment processors to charge the applicable fees in accordance with your selected payment plan.

Failure to make timely payments may result in suspension or termination of Services, reporting of delinquency to Business CRAs, and referral to third-party collections. Uptrend Motion LLC reserves all rights and remedies available under applicable law in the event of non-payment.

Questions

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

Uptrend Motion LLC
122 East 42nd Street, 4th Floor
New York, NY 10168

General inquiries: [email protected]
Legal matters: [email protected]
Billing & AR: [email protected]

© 2020–2026 Uptrend Motion LLC. All rights reserved.