Upfort Home Terms of Service

Scope of These Terms

These Terms of Service (“Terms”) govern your subscription to Upfort Home only. If you access our business solution Upfort Shield, your use is governed by the separate Upfort Shield Terms of Service.

IMPORTANT - PLEASE READ

• This Agreement is a legally binding contract between you and Paladin Data Insurance Corp. dba Upfort (“Upfort,” “we,” or “us”).
• If you access or use any Upfort service or click “Accept,” you agree to these Terms.  
• These Terms include a binding arbitration clause and class-action waiver. You agree to resolve disputes through individual arbitration, not in court, and waive any right to a jury trial or class action.

Welcome to Upfort! We are delighted to help keep you safe online. Our aim is to keep these terms and conditions as readable and easy to understand as possible.

Please read these Terms carefully. By signing up for, accessing, or using Upfort’s services or software, you agree to be bound by these Terms, which form a legal contract between you and Upfort. These Terms govern your use of Upfort’s products and services (collectively, the “Services”), including any software provided by Upfort (the “Software”), whether through our website or other platforms. If you do not agree to these Terms, you must not use the Services.

Dispute Resolution & Arbitration

Please read this section carefully. It requires individual arbitration of most disputes and limits certain rights, including the right to pursue a class action. This dispute resolution agreement shall be interpreted broadly in accordance with the Federal Arbitration Act (“FAA”).

Agreement to Arbitrate

By using the Services, you and Upfort agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services (collectively, “Disputes”) shall be resolved exclusively through binding arbitration on an individual basis, except as provided under “Exceptions to Arbitration” below. This means that you and Upfort are each waiving the right to a jury trial or a trial before a judge in a public court.

This arbitration agreement applies to all types of claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. It also applies even after you have stopped using your Upfort account or have deleted it. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable.

Notwithstanding anything to the contrary, claims arising under the Fair Credit Reporting Act or similar consumer credit-reporting laws are exempt from arbitration and may be pursued in court.

Class Action Waiver

You and Upfort agree that all Disputes will be resolved by individual arbitration and not on a class, collective, consolidated, or representative basis. The arbitrator shall have no authority to combine or aggregate similar claims or conduct any class, collective, or representative proceeding nor to make an award to any person or entity not a party to the arbitration. By agreeing to these Terms, you and Upfort both waive the right to a trial by jury or to participate in a class action or representative action with respect to any Dispute, either as a class representative or class member. If a court of competent jurisdiction determines that any portion of this arbitration agreement (such as a class or collective action waiver) is unenforceable, that portion will be severed and the remainder of the agreement to arbitrate will stay in force to the fullest extent permitted by law. The arbitrator, not any court, shall decide any such threshold issues of enforceability or severability.

Public Injunctive Relief Preservation (California Consumers Only):

Notwithstanding anything to the contrary in this section, if you are a California consumer, this agreement does not waive your right to seek public injunctive relief in a court of law as permitted under applicable law. To the extent required by California law, any request for public injunctive relief may be litigated in a civil court of competent jurisdiction and not in arbitration. All other claims and disputes between you and Upfort (including any claims for private relief) shall remain subject to arbitration pursuant to this section.

Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association (AAA) for consumer disputes (the “AAA Rules”), unless you and Upfort mutually agree on a different arbitration forum. You can review the AAA Rules on the AAA’s website. If AAA is not available to arbitrate, the parties will select an alternative arbitration provider.

• Initiating Arbitration: To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent or to our mailing address: Paladin Data Insurance Corp. dba Upfort, 1990 N CALIFORNIA BLVD FL 8 #1272, Walnut Creek, CA 94596, USA. The arbitration will be conducted by a single arbitrator appointed by the AAA (or alternative provider), and it will be administered in accordance with the AAA’s applicable rules, including the Consumer Arbitration Rules.
• Arbitration Location and Format: You may choose to have the arbitration conducted via telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If an in-person hearing is required, it will take place at a location reasonably convenient for both parties, with due consideration of the parties’ ability to travel and other relevant circumstances (or as required by the AAA Rules).
• Arbitration Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. Upfort will reimburse your share of those fees in an amount up to the filing fee you would have paid to initiate the dispute in court (whichever is lower), unless the arbitrator finds your Dispute frivolous or brought for an improper purpose (under the standards of Federal Rule of Civil Procedure 11(b)). In addition, for claims of $10,000 or less, Upfort will pay all of the arbitration fees, including your share, upon request. Upfort will not seek attorneys’ fees or costs from you in the arbitration, even if permitted under applicable law, unless the arbitrator determines that your claim was frivolous or brought in bad faith. Likewise, except as required by law, you agree not to seek attorneys’ fees or costs in arbitration. If 30 or more similar claims are filed by the same counsel and seek coordinated arbitration, the parties agree to batch those claims and split AAA’s group-filing fees unless AAA Rules provide otherwise.
• Arbitrator’s Authority and Award: The arbitrator shall apply the same substantive law and statutes of limitations that a court in the applicable jurisdiction would apply. The arbitrator may award any individual remedies or relief that a court of competent jurisdiction could award to an individual party, including injunctive or declaratory relief only in favor of the individual claimant and only to the extent necessary to provide relief warranted by that claimant’s individual claim. The arbitrator’s decision and award is binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall provide a reasoned written decision if requested by either party.

Exceptions to Arbitration

While we expect that most issues can be resolved through arbitration, the following exceptions apply:

1. Small Claims: Either you or Upfort may choose to bring an individual action in small claims court instead of arbitration for Disputes that qualify for small claims court, so long as the matter remains in such court and proceeds only on an individual (non-class, non-representative) basis.
2. Intellectual Property and Injunctive Relief: Either party may seek injunctive or equitable relief in a court of proper jurisdiction to protect intellectual property rights, confidential information, or to prevent loss or damage (for example, you may file a court action to stop alleged hacking or a data breach, or Upfort may go to court to enforce its trade secrets or patents). This arbitration agreement does not require arbitration of claims for misuse or unauthorized use of the Services or intellectual property infringement.
3. Opt-Out Right: You have the right to opt out of arbitration. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section, you must notify Upfort in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). You must send your opt-out notice by mail to Upfort’s address at: 1990 N CALIFORNIA BLVD FL 8 #1272, Walnut Creek, CA 94596, USA, Attn: Legal Department. Your opt-out notice must include your name, address, the email associated with your Upfort account (if any), and an unequivocal statement that you are opting out of the arbitration agreement in these Terms. If you opt out of this arbitration agreement, the class action waiver above will not apply to you. Opting out of arbitration will not affect any other provisions of these Terms, including the provisions regarding controlling law or the courts in which disputes may be brought.
4. Fair Credit Reporting Act / consumer credit-reporting claims may be filed in court.

If any portion of this Dispute Resolution & Arbitration section is found to be unenforceable, that portion shall be severed, and the remainder of this section shall remain in full force and effect (provided that the entire section shall be null and void if the class action waiver above is found unenforceable, as noted). This arbitration agreement will survive the termination of your relationship with Upfort.

Eligibility and Account Registration

Who May Use the Services

• Residence and Age Requirement: The Services are intended for individuals located in the United States and maintain a U.S. mailing address. You must be at least 18 years old (or the age of majority in your state, if higher) to use the Services. If you are at least 13 years old but still a minor under applicable law, you may use the Services only with the prior verifiable consent of your parent or legal guardian. The parent/guardian must review and accept these Terms, and remain actively involved in the child’s use of the Services. We do not knowingly collect personal information from anyone under 13. If we learn that a user is under 13, we will delete their data and disable the account, in accordance with federal law (COPPA).
• Previously Banned Users: The Services are not available to any person who has been previously suspended or terminated by Upfort. You may not attempt to access or use the Services if you do not meet the eligibility requirements. If you do not meet these criteria, do not use the Services.

Account Setup

To access most features of the Services, you will need to create an Upfort account and enroll in a subscription plan (unless your access is provided through an employer or an authorized third-party program, as described later). When registering for an account, you agree to provide information that is accurate, current, and complete about yourself as prompted, including any personal information needed to deliver the features of your chosen subscription.

If certain personal details necessary for providing the Services (for example, information needed for credit monitoring features) are missing or cannot be verified during your enrollment, you agree that Upfort may attempt to obtain that information on your behalf from our databases or other resources. If we still cannot verify your identity or required information, Upfort may be unable to provide some features of your chosen plan. In such cases, Upfort reserves the right to limit or downgrade your subscription to a version with fewer features (for example, switching you to a plan without credit-based features) or to refuse access to those specific features that cannot be provided without verification.

Account Security

You are responsible for maintaining the confidentiality of your account login credentials. By using the Services, you agree to the following security commitments:

• Keep Credentials Secure: You must keep your username, password, and any other login credentials secure and confidential. Do not share your password or allow any unauthorized person to access your account.
• Unauthorized Access: If you believe someone else has obtained your account credentials or accessed your account without your permission, you must notify Upfort immediately. You can contact us using the support information provided in your account or at the end of these Terms.
• Responsibility for Account Activity: You are responsible for all activities that occur under your account, whether or not you personally know about them. This means that if someone else uses your account (with or without your permission), you may be held accountable for their actions on the account.
• Upfort Not Liable for Your Security Failures: Upfort is not liable for any loss or damage arising from your failure to safeguard your account credentials or from any delay on your part in reporting unauthorized access or use of your account. (For example, if you neglect to secure your password and someone misuses your account, any resulting losses are your responsibility.)
• Account Changes: Upfort may require you to change your username or password if we believe your account is no longer secure or if we determine a change is necessary for security or legal reasons.

Secondary Users (Authorized Additional Users)

Upfort may offer subscription plans that allow the primary account holder (“Primary User”) to add additional individuals to their account as secondary users (“Secondary Users”) who can access certain Upfort security tools under the Primary User’s membership. These Secondary Users have limited access privileges and are subject to specific conditions designed to protect both you and Upfort.

The following terms apply whenever you invite or authorize Secondary Users on your Upfort account:

Eligibility & Consent: Each Secondary User must meet the Service’s age and eligibility requirements. No Secondary User may be under 13 years old. If a Secondary User is a minor (between 13 and the age of majority in their jurisdiction), the Primary User must be that minor’s parent or legal guardian (or have the guardian’s authority) and must obtain appropriate consent for the minor’s use of Upfort’s Services. By adding a Secondary User, you represent and warrant that you have the legal authority to do so and that you have obtained any necessary consent from the Secondary User (or their parent/guardian) for them to use the Services. You also agree that Upfort may process each Secondary User’s personal data as needed to provide the Services, and you confirm that you have any required permission from the Secondary User (or, if applicable, their guardian) to allow such data processing.

Separate Account Access: Each Secondary User will receive their own login credentials (an individual account login under your subscription, usually via their email address). Secondary Users may receive their own service notifications, alerts, and can adjust certain personal settings related to their use of the Services. However, a Secondary User’s access is limited to the security tools and features expressly made available to them by Upfort. Secondary Users will not have access to your personal account information, dashboards, insurance details, or any settings or data of the Primary User’s account. Conversely, the Primary User will not have access to a Secondary User’s private information or activity through the shared account dashboard, aside from seeing basic status (for example, that a Secondary User slot is in use or general device/security status). This separation is in place to respect each user’s privacy and security.

No Primary Control Over Secondary Accounts: Once a Secondary User is added under your account, the Primary User will not have the ability through the Upfort interface to monitor the Secondary User’s activities or to modify or revoke the Secondary User’s access. In other words, Secondary User accounts operate independently in terms of their day-to-day use of the Services. (If you need to remove a Secondary User’s access from your plan, you will need to contact Upfort customer support; the Primary User cannot directly deactivate a Secondary User through the online account settings.) Upfort reserves the right to suspend or terminate a Secondary User’s access at any time for violation of these Terms, misuse of the Services, or security reasons, just as we may for any other user account.

Primary User’s Responsibility and Liability: As the Primary User, you are fully responsible for all activity and use of the Services by your Secondary Users. Any act or omission by a Secondary User will be considered an act or omission by you under these Terms. You agree to ensure that each Secondary User complies with these Terms and all applicable laws in their use of the Services. If a Secondary User violates any part of the Terms or otherwise misuses the Services, Upfort may treat it as a violation by you and may take action against your account (including suspension or termination of the entire subscription, if warranted). You further agree to indemnify and hold Upfort harmless from any claims, losses, or liabilities arising out of a Secondary User’s use of the Services, as if such use were your own use.

Bound by Terms & Policies: Secondary Users are equally bound by Upfort’s Terms of Service, Privacy Policy, and any other applicable policies, just like any direct subscriber. When you invite a Secondary User, you are responsible for informing them that their use of Upfort is subject to these Terms. An adult Secondary User will be required to accept the Terms of Service and Privacy Policy when activating their account. If the Secondary User is a minor, you (as the Primary User and their guardian) are consenting to the Terms on the minor’s behalf and must ensure the minor uses the Services in compliance with the Terms. All provisions of the Terms that apply to “you” or a user of the Services will apply equally to each Secondary User.

Privacy and Data Use: Any information or content that a Secondary User submits or that is collected from a Secondary User’s use of the Services under your account is treated as part of your account’s “Account Data.” Such Secondary User data is associated with the Primary User’s account and will be handled by Upfort in accordance with these Terms and Upfort’s Privacy Policy. In other words, Secondary Users’ personal data will be collected, used, stored, and protected by Upfort under the same conditions that apply to the Primary User’s data. The Primary User is responsible for ensuring that each Secondary User (and, if applicable, their guardian) has consented to this collection and use of their data.

No Insurance Coverage for Secondary Users: Unless explicitly stated otherwise for a specific plan, any insurance benefits or coverage included in your Upfort subscription (for example, identity theft insurance) apply only to you as the Primary User. Secondary Users are not covered by any identity theft insurance or similar protection that comes with your plan. This means that a Secondary User will not be eligible to file claims or receive benefits under Upfort’s insurance policies associated with your membership. The Primary User should not share any insurance claim filings or related confidential information with Secondary Users. Secondary Users are provided access to security tools and services but do not receive any insured benefits or financial protections from Upfort.

Plan Limitations and Changes: The ability to add Secondary Users is offered at Upfort’s discretion and may not be available on all plans. Upfort reserves the right to impose or change limits on the number of Secondary Users you can add to your account or to restrict Secondary User access based on region or other criteria. Any such limits or requirements will be communicated in your plan details or by Upfort. Also, the Secondary User feature is contingent on your subscription being current and in good standing. If your subscription lapses, is downgraded, or is terminated (whether by you or by Upfort), any Secondary Users associated with your account will lose access to the Services. Upfort may modify, suspend, or discontinue the availability of Secondary User accounts at any time. We may also introduce additional guidelines or requirements for Secondary Users as this feature evolves, and you agree to comply with any such future requirements if you continue to use Secondary User features.

Subscription Plans and Automatic Renewal

Upfort offers the Services on a subscription basis. The following terms apply to subscription enrollment, billing, changes, and cancellation.

Enrollment and Subscription Plans: You may enroll in a subscription through various methods, for example: via our website, by telephone, through an authorized third-party, or through an employer or reseller program. When you sign up, you will choose a subscription plan and a billing term (e.g. monthly or annual). By completing the subscription sign-up process, you agree to pay the applicable subscription fees for the plan you select, and you acknowledge that your subscription will automatically renew at the end of each billing period unless you cancel it in accordance with these Terms.

Billing Cycles: Your subscription is charged on a recurring basis according to the billing cycle you select when enrolling. A “Billing Cycle” is typically monthly or yearly, depending on your chosen plan. For example, if you choose a monthly plan, you will be billed once every month; if you choose an annual plan, you will be billed once per year. Subscription fees are charged in advance of each Billing Cycle for the upcoming period of service. You authorize Upfort (or our authorized payment processor) to automatically charge your chosen payment method for the subscription fees on the schedule of your Billing Cycle. If you initially subscribe on a particular date, we will attempt to charge your payment method on the same date for each subsequent Billing Cycle (subject to reasonable adjustments for shorter months or other calendar variations).

Automatic Renewals: Your subscription will automatically renew at the end of each Billing Cycle unless you cancel before the next cycle begins. Upon renewal, we will charge you the then-current subscription rate for your plan (subject to any applicable fee changes as described below).

Prior to processing any renewal, Upfort will provide you with a notice – for example, by email or via a notice in your account dashboard – reminding you of the upcoming renewal and the subscription rate that will apply in the next term. If you do not wish to continue your subscription at the new rate or for the next term, you must follow the cancellation process described below and cancel at least one (1) day before your renewal date to avoid being charged for the next period.

If your subscription term is one year (or longer), Upfort will send you a clear, separate reminder at least thirty (30) days (and no more than sixty (60) days) prior to each annual renewal. The notice will state the renewal date, the price, and how to cancel. You may cancel anytime before renewal via your online account (using a prominently displayed “Cancel” link as required by law) or by contacting us directly. Cancelling prevents any future charges; you will not be charged after the current term ends.

Fee Changes: Upfort reserves the right to adjust the pricing of subscription plans. If the subscription fee for your plan changes, we will provide advance notice of the new fee before it goes into effect, typically by email or through the Services. Fee changes will apply only to a subsequent Billing Cycle — for example, at your next renewal — and not to the current cycle that you’ve already paid for. If you do not agree to a fee change, you must cancel your subscription before the new rate takes effect. By continuing to use the Services after the price change becomes effective, you will be deemed to have accepted the new price.

Taxes and Fees: Subscription fees do not include any sales, use, VAT/GST, withholding, or other taxes, duties or fees. You are responsible for paying all applicable taxes, duties or fees (excluding taxes on Upfort’s income) arising from your use of the Services. Upfort will charge you for any taxes we are required to collect; if we fail to collect required taxes, you agree to pay them directly.

Plan Changes: Upfort may allow you to upgrade, downgrade, or otherwise change your subscription plan during your subscription term. If you elect to switch to a different plan (for example, to add or remove features or to change your coverage level), we will confirm the change (typically via email or via your account dashboard) and inform you of any difference in price or available credits. Any difference in subscription fees resulting from a plan change (prorated or otherwise) will be applied as appropriate. We will also specify the new Billing Cycle or term that will apply to your updated plan. Plan changes generally take effect immediately, or on the date indicated in our confirmation. After a plan change, your subscription will continue under the terms (including pricing and billing schedule) of the new plan going forward.

Cancellation (How to Cancel): You may cancel your subscription at any time if you do not want it to renew for another term. To cancel, you must follow one of the methods below at least one (1) day before the start of your next Billing Cycle:

• Contact Upfort Customer Support: You can cancel by contacting Upfort’s customer support team. Use the phone number provided in your account dashboard or another contact method we designate (we may provide an online cancellation form or email contact for cancellations). Inform us that you wish to cancel your subscription.
• Online Account Settings: If available, you may cancel by logging into your Upfort account settings and following the instructions to cancel or turn off auto-renewal for your subscription.
• Through Third Parties (Employers/Resellers): If your subscription was obtained through a third-party provider or as part of an employer’s program (or reseller program), you may be required to cancel through that third party or employer. In such cases, the third party’s cancellation procedures will apply (see “Subscriptions via Employers or Resellers” below for more details).

Upfort may specify additional or alternate cancellation methods from time to time as required by applicable law; if so, we will honor any cancellation request submitted through a required method. You must cancel before your next Billing Cycle begins to avoid being charged for the renewal term.

Effect of Cancellation: If you cancel your subscription, the cancellation will become effective at the end of your current paid Billing Cycle. You will retain access to the Services and any subscription benefits until the current paid period concludes. However, your subscription will not auto-renew thereafter, and you will not be charged for any subsequent Billing Cycles once the current term ends.

Upfort does not provide refunds or credits for any subscription fees already paid, except where required by law or expressly stated otherwise in these Terms. For example, if you cancel in the middle of a month or year that you have already paid for, you will continue to have access to the Services until the end of that paid period, but you will not receive a prorated refund for the remaining unused time in that Billing Cycle. Upfort is under no obligation to provide any refund, credit, or compensation for the remaining period of a subscription after cancellation, except to the extent required by applicable law.

Subscriptions via Employers or Resellers

If your access to the Services is provided through an employer, reseller, or other authorized third-party program (for example, if your employer offers Upfort as a benefit, or you signed up through a third-party vendor that resells our Services), the following additional terms apply:

• Third-Party Administration: Your subscription might be administered by a third party (such as your employer or the reseller). That third party may manage your enrollment, payment of subscription fees, and cancellation on your behalf. In such cases, you must follow the contract or program terms established by that third party in addition to these Terms. For example, if your employer is managing your subscription, you may need to request cancellations or plan changes through your employer rather than directly with Upfort.
• Binding Agreement: Even if a third party paid for or facilitated your access to the Services, you are still individually bound by these Terms with Upfort when you use the Services. Your use of the Services through a third-party program constitutes your agreement to these Terms.
• No Third-Party Liability for Upfort: Upfort is not responsible for the acts or omissions of any third party through whom you received access. Any arrangement between you and an employer or reseller (such as a benefits plan or reseller’s own terms) is outside of these Terms. It is your responsibility to understand any additional obligations that third party may impose.
• Cancellation and Changes: If you wish to cancel or modify a subscription provided via an employer or reseller, you may be required to do so through that third party. Upfort will consider a notice of cancellation from the third party as if it were a cancellation by you. Similarly, if your employer or the reseller terminates or fails to pay for your subscription on your behalf, Upfort may suspend or terminate your access to the Services unless you arrange to continue the subscription under your own payment.
• End of Third-Party Program: If your eligibility to access the Services through a third party ends (for instance, you leave your employer or the reseller’s program ends), you may lose access to the Services or certain features. However, you may have the option to continue the Services by enrolling in a subscription directly with Upfort.

Third-Party Tools and Links

Upfort’s Services or website may include references or links to third-party websites, services, or tools, including free or open-source resources that are not explicitly named in these Terms. These are provided for your convenience or to enhance your experience (for example, we might direct you to credit reporting agencies, identity theft resources, or open-source tools that complement our Services).

Third-Party Terms: When you access or use a third-party website or service (including any free or open-source tool) via a link or integration from Upfort, you do so at your own risk. Any such third-party services are independent from Upfort, and they have their own terms of service and privacy policies that govern your use of those services. Upfort is not responsible for the content, terms, policies, or performance of third-party services. Using those services is subject to the third party’s terms, and it is your responsibility to review and abide by them.

No Endorsement: A link or reference to a third-party service or tool on Upfort Home (or within our Services) does not imply that Upfort endorses, sponsors, or is affiliated with that third party, unless we expressly state otherwise. We provide these links and integrations only as a convenience.

Third-Party Data and Services: Some features of our Services may rely on data or services provided by third parties (for example, credit score information from credit bureaus or breach data from security researchers). Upfort does not guarantee the accuracy or availability of any such third-party-provided information. We are not liable for errors or omissions in third-party information, and availability of such features may be subject to the third party’s cooperation.

In summary, when you leave Upfort’s website or Services to access third-party tools or content, Upfort’s Terms and policies no longer apply. Be sure to read and understand the applicable third-party terms before using their services.

Permissible Use and Restrictions

You agree to use Upfort’s Services and Software only for lawful, authorized, and intended purposes and in compliance with all applicable local, state, federal, and international laws and regulations. You must not:

• Illegal or Harmful Use: Use the Services for any unlawful purpose, or in any way that infringes upon the rights of others, or that promotes illegal activities, fraud, or harm to others (including but not limited to identity theft, unauthorized credit checks, or harassment).
• Interference with Services: Attempt to interfere with the normal operation of the Services or any user’s enjoyment of the Services. This includes not engaging in any activities that disrupt, damage, or impair the Services (such as introducing viruses, worms, malware, or any other harmful code).
• Unauthorized Access: Attempt to gain unauthorized access to any portion or feature of our Services, or any other systems or networks connected to the Services, by hacking, password “mining,” or any other illegitimate means. Similarly, you must not probe, scan, or test the vulnerability of the Services or any related system or network, or breach any security or authentication measures.
• Circumvention and Misuse: Circumvent any technical measures Upfort uses to provide the Services, or attempt to bypass any content filtering techniques we employ. You may not use any automated means (such as scripts, bots, or scrapers) to access or use the Services in ways that send more requests to the Upfort servers than a human can reasonably produce in the same period. Also, you may not resell, license, or otherwise provide our Services to unauthorized third parties (for example, you cannot share your subscription benefits with non-authorized users or operate a service bureau using Upfort).
• Impersonation and Misrepresentation: Impersonate any person or entity, or falsely state or misrepresent your identity or affiliation with a person or entity, in connection with your use of the Services. This includes not using someone else’s identity information in the Services (except as legally authorized, such as a parent using a minor child’s information with consent).
• Export and Trade Compliance: Use of the Services in violation of any applicable export laws or regulations (including U.S. and other jurisdictions’ export controls) is prohibited. You agree to comply with all export control and trade-sanction laws, and you represent that you are not listed on any U.S. government denied- or restricted-party list. You will not permit any person to access or use the Services from any country or region subject to a U.S. export embargo or sanctions (e.g., Cuba, Iran, North Korea, Sudan, Syria) or in violation of any U.S. export law.

Upfort reserves the right to suspend or terminate your access to the Services if we suspect or determine that you have violated any of the above restrictions or any other provision of these Terms (see Termination below).

Intellectual Property and Proprietary Rights

All rights, title, and interest in and to the Services and Software, including all text, graphics, logos, button icons, images, audio clips, software code, and other content or materials (collectively, “Upfort Content”), are the property of Upfort or its licensors and are protected by United States and international intellectual property laws. Upfort owns all intellectual property rights in the Services and Upfort Content, including all associated trademarks, service marks, and logos. These Terms and your use of the Services do not grant you any ownership or rights to any trademarks, logos, or content of Upfort or its partners.

Account and Usage Data

License to Account Data: You grant Upfort a worldwide, non-exclusive, royalty-free, transferable, sublicensable, and revocable license, together with any other rights reasonably necessary, to copy, distribute, publicly display, publicly perform, modify, create derivative works from, and otherwise use or exploit any “Account Data” you submit to, or that Upfort processes on your behalf through, the Services. 

Upfort may exercise these rights solely for the following “Permitted Uses”:
a. to fulfil our obligations and deliver the Services under this Agreement;
b. in the manner described in our Privacy Policy;
c. as expressly authorized or directed by you;
d. to comply with applicable law; or
e. for legal, safety, or security purposes.

“Account Data” means any electronic data or information that You provide to the Services, or that Upfort collects and processes for You as a result of your use of the Services, excluding Usage Data. Account Data may include personal information.

Usage Data Ownership: Upfort exclusively owns all right, title, and interest in any product-usage statistics, diagnostics, telemetry, or similar data that Upfort collects or generates in connection with your use of the Services.

License to Use Our Services

Subject to your compliance with these Terms and your payment of any applicable subscription fees, Upfort provides you, as an individual user, a personal, non-transferable, nonexclusive, term-limited, and revocable license to install and use the Software and to access the Services that you have subscribed to. This license applies to the number of Devices and users specified in your License Entitlement and Service Entitlement, and it is subject to the System Requirements.

• License Entitlement: The number and type of Devices and users permitted to download and use the Software and access the Services, as specified at purchase and in your account profile. If no licensed device or user count is specified, your entitlement is for a single Device and user.
• Service Entitlement: The scope and duration of the Services you purchased, as specified at purchase and in your account profile. If no scope or duration is specified, the Service Entitlement is for a single Device and user for one year.
• System Requirements: The supported Devices and operating systems that the particular Upfort product or service you purchased will function properly with, as listed on our website or other documentation. You are responsible for meeting all System Requirements (for example, installing software updates) to continue using the Services.

License Grant

Subject to these Terms, Upfort grants you a limited, revocable, nonexclusive, personal, nontransferable license to install and use the Software and to access the Services for your internal, noncommercial (personal) use only, and in accordance with your License Entitlement and Service Entitlement. For purposes of this paragraph, the Software is considered “in use” on a Device when it is loaded into the device’s memory (e.g., RAM) or installed on the device’s storage.

You may not (and may not allow any third party to):

1. Reverse engineer, decompile, or disassemble: Attempt to discover any source code, underlying ideas, algorithms, or user interface techniques of the Services by any means.
2. Repackage or tamper: Repackage, adapt, translate, alter, or create derivative works of the Services or any part thereof.
3. Circumvent restrictions: Attempt to circumvent any use restrictions or technological measures applied to the Services.
4. Modify or create derivatives: Modify, adapt, alter, merge, or create derivative works of any part of the Services.
5. Combine or compete: Combine or merge any part of the Services with any other software or documentation, or use the Services to develop software (including routines, scripts, or code) that has similar features or functions to the Services or that competes with Upfort.
6. Copy or distribute without authorization: Use, copy, or distribute the Software without Upfort’s prior written authorization.
7. Interfere or attack: Launch any denial-of-service attack or otherwise interfere with any network or systems, attempt to gain unauthorized access to other users’ accounts, Upfort’s systems, or any networks connected to the Services, or bypass any security or access controls.
8. Publish benchmarks: Publish or disclose any performance or benchmark tests, analysis, or results relating to the Services without Upfort’s prior written permission.
9. Provide services to others or bypass controls: Use the Services to provide (directly or indirectly) any software, product, or service to any third party (for a fee or otherwise), or use the Services to circumvent any technological measures controlling access to websites.
10. Remove notices: Remove or destroy any copyright, trademark, patent, or other proprietary notices or markings from the Services.
11. Transfer or sublicense: Rent, lease, sublicense, sell, assign, loan, or otherwise transfer the Services or any of your rights under this license, or use the Services for timesharing or service bureau purposes.

Feedback

If you choose to provide any suggestions, ideas, enhancement requests, or other feedback to Upfort regarding the Services (“Feedback”), you hereby grant Upfort a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty-free license to use and incorporate that Feedback into Upfort’s products and services without any obligation to you. Upfort will exclusively own any improvements or modifications to the Services based on your Feedback.

Termination and Suspension

By You: You are free to stop using the Services at any time. You may delete your Upfort account or cancel your subscription if you no longer wish to use the Services, subject to the cancellation terms above.

By Upfort: Upfort reserves the right to suspend or terminate your access to the Services (or any portion thereof) at our discretion, with or without prior notice, if we determine that you have violated these Terms or that your use of the Services poses a security risk or could create liability for us. For example, without limitation, Upfort may suspend or terminate your account if we believe you are engaging in fraudulent activity, violating the Permissible Use rules above, or if you fail to pay any fees when due.

In addition, we may discontinue the Services or any part of them, or terminate your account, if we decide to cease offering the Services (in which case we will provide you with reasonable notice). We also reserve the right to terminate inactive free accounts (if applicable) after a prolonged period of inactivity.

Effect of Termination: Upon any termination of your account or subscription by us (except when you have canceled during a paid term), your right to access and use the Services will immediately end. If your account is terminated due to your breach of these Terms, you will not be entitled to any refunds for any fees you have paid. We may delete your account data after the effective date of termination, except to the extent we are obligated or permitted to retain it under applicable law or our Privacy Policy.

Even after termination, certain provisions of these Terms will continue to apply. This includes (but is not limited to) provisions concerning Indemnification, Disclaimers and Limitation of Liability, Dispute Resolution, Governing Law, and any other terms which by their nature should survive termination.

DISCLAIMER OF WARRANTIES

UPFORT STRIVES TO PROVIDE HELPFUL AND RELIABLE SERVICES, BUT THERE ARE IMPORTANT THINGS WE CANNOT PROMISE. THE SERVICES (INCLUDING ALL INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UPFORT (ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT WE WILL CORRECT ALL DEFECTS OR PREVENT THIRD-PARTY DISRUPTIONS OR UNAUTHORIZED THIRD-PARTY ACCESS.

YOU UNDERSTAND THAT NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM UPFORT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. UPFORT DOES NOT PROVIDE MEDICAL, LEGAL, TAX, OR FINANCIAL ADVICE. UPFORT IS NOT A CREDIT REPAIR, CREDIT RESTORATION, OR ‘CREDIT SERVICES’ PROVIDER AND WILL NOT IMPROVE YOUR CREDIT SCORE. UPFORT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE ACCURACY, USEFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SERVICES (FOR EXAMPLE, ANY CREDIT OR IDENTITY MONITORING DATA, WHICH WE OBTAIN FROM THIRD-PARTY SOURCES, IS PROVIDED “AS IS” FOR YOUR REFERENCE ONLY). 

YOUR USE IS AT YOUR RISK: YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES. WE MAKE NO GUARANTEES THAT THE SERVICES WILL PROTECT YOU FROM ALL IDENTITY THEFT, CREDIT ISSUES, OR OTHER OUTCOMES; THE SERVICES ARE INTENDED TO ASSIST YOU, BUT THEY CANNOT GUARANTEE PREVENTION OF ALL FRAUD OR UNAUTHORIZED ACTIVITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH CASES, ANY WARRANTIES REQUIRED BY LAW ARE LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED, AND TO THE FULLEST EXTENT ALLOWED, WE LIMIT THE REMEDIES AVAILABLE TO YOU IN THE CASE OF BREACH OF ANY SUCH WARRANTIES.

Limitation of Liability

To the fullest extent permitted by law, in no event will Upfort or its parents, affiliates, officers, employees, agents, partners, licensors, or suppliers be liable for any: indirect, incidental, special, consequential, exemplary, or punitive damages; or any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or in connection with your access to or use of (or inability to use) the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Upfort has been advised of the possibility of such damages. This limitation of liability applies to any damages arising from your use of or reliance on the Services, from the inability to use the Services, or from the interruption, suspension, or termination of the Services.

Maximum Liability: To the extent that liability cannot be disclaimed completely, the total liability of Upfort (and its parents, affiliates, officers, employees, and agents) for any claim arising out of or relating to these Terms or the Services is limited to the amount you paid to Upfort for the Services in the 12 months immediately preceding the event that gave rise to the claim (or $100 if you have not had any payment obligations to Upfort, or if such amount cannot be calculated). This means that, for example, if you have paid $50 in subscription fees in the past year, Upfort’s total liability for any claims will be capped at $50.

Consumer Rights and Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain damages. If laws applicable to you and these Terms do not allow the exclusion of certain damages or the limitation of liability as set forth above, then the above exclusions and limitations may not apply to you. In that event, and notwithstanding anything to the contrary in these Terms, Upfort’s liability will be limited to the fullest extent permitted by applicable law.

You acknowledge and agree that the disclaimers and limits in this Limitation of Liability section are a reasonable allocation of risk and form an essential part of these Terms. The pricing of Upfort’s Services reflects this allocation of risk and the limitation of liability specified herein.

Indemnification

You agree to defend, indemnify, and hold harmless Upfort, its parent company, subsidiaries and affiliates, and their respective directors, officers, employees, agents, partners, and licensors (collectively, the “Upfort Parties”) from and against any and all claims, suits, actions, demands, liabilities, losses, damages, judgments, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with: (a) your use or misuse of the Services; (b) your violation of any provision of these Terms or any applicable law or regulation; (c) your infringement or misappropriation of any intellectual property or other rights of any third party; or (d) any content or data you submit to the Services (to the extent such content results in a third-party claim against Upfort).

Upfort reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If Upfort does assume the defense of such a matter, you agree to cooperate with Upfort’s defense of that claim and you shall not settle any such claim without Upfort’s prior written consent. Your indemnification obligations under this section will survive any termination of these Terms or your use of the Services.

Governing Law

These Terms and any Dispute arising out of or related to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Delaware, USA, and (to the extent applicable) the federal laws of the United States, without regard to its conflict of law principles. However, the Federal Arbitration Act (9 U.S.C. § 1 et seq.) will govern the interpretation and enforcement of the Dispute Resolution & Arbitration section above.

If for any reason a Dispute is not subject to arbitration or small claims court (as provided above), you and Upfort agree that the Dispute will be resolved exclusively in the state or federal courts located within the State of Delaware. Both you and Upfort consent to venue and personal jurisdiction in such courts for the purpose of litigating any such claim, and you waive any objections based on inconvenient forum or jurisdiction to the extent permitted by law.

Consumers’ Rights: We acknowledge that you may have additional rights under certain consumer protection laws or regulations. Nothing in this Governing Law section or elsewhere in these Terms is intended to limit your rights under the law of your state of residence (such as any mandatory rights you have under California law if you are a California consumer, or other state-specific consumer rights that cannot be waived by contract).

Changes to these Terms

Upfort may update or revise these Terms from time to time. We will give you notice of material changes by, for example, posting updated Terms on our website, updating the “Last Updated” date at the top of these Terms, or providing a notification through the Services or via email. It is your responsibility to review the Terms periodically.

If you continue to use the Services after updated Terms become effective, you will be deemed to have accepted the changes. If you do not agree to a revised version of the Terms, you must stop using the Services and, if applicable, cancel your subscription. No modification or amendment to these Terms by you is valid unless it is in writing and signed by an authorized representative of Upfort.

Service-Specific Terms

Your access to and use of the Services is governed by (i) the general terms contained in this agreement (“General Terms”) and (ii) the additional provisions below (“Service-Specific Terms”).  “General Terms” means all provisions of this Agreement preceding this Service-Specific Terms Section, as they may be amended from time to time, but expressly excluding the Service‑Specific Terms below. The Service-Specific Terms apply only to the particular product, feature, or related software (collectively, the “Services”) that you have subscribed to or are otherwise using. Some Services may be unavailable or unlawful in certain jurisdictions.

If any provision in these Service-Specific Terms conflicts with the General Terms, the Service-Specific Terms control, but only for the affected Service. Your subscription may cover one, several, or none of the Services described here. You are responsible for reviewing these Service-Specific Terms to determine which rights and obligations apply to your plan. If you are unsure, please reach out to us using the contact information provided elsewhere in this agreement.

Any warranty disclaimers or limitations of liability set out in these Service-Specific Terms are in addition to, and do not reduce or replace, the broader disclaimers and liability limitations contained in the General Terms (including, without limitation, those addressing “Disclaimer of Warranties” and “Limitation of Liability”).

Inbox Defender: Our Inbox Defender scans your incoming email for potential scams or phishing attacks. You must connect your email account(s) to Upfort so it can analyze your messages. You acknowledge that Inbox Defender does not guarantee detection of all scam or phishing emails. False positives (legitimate emails flagged as scams) or false negatives may occur. You assume the risk of relying on or ignoring its alerts. Upfort will use your email data only to provide the Inbox Defender service (see our Privacy Policy for details).

Browser Firewall: Our Browser Firewall is designed to warn users about malicious sites and downloads. Upfort does not control third-party web content, and any warnings are provided for information only. These warnings are not guarantees of a website’s safety or quality and do not constitute an endorsement. Upfort cannot guarantee that all malicious or fraudulent websites will be blocked or identified. You remain responsible for exercising caution online even if a site is not flagged.

Sentry Monitoring: Our Sentry Monitoring searches public online sources (such as the dark web and data breach repositories) for designated personal information (for example, SSNs, passwords, financial account numbers) and will alert you if your data is found. You confirm that any information you provide for monitoring is your own and that you will use this feature only for identity theft protection purposes. Upfort cannot remove your data from any site and does not guarantee the accuracy or completeness of external data. The monitoring may not find every instance of your information. Failing to identify your information on the dark web or elsewhere does not constitute a breach of these Terms.

Security Training: Our Security Training (sometimes called “Upfort Cyber University”) delivers bite‑sized modules on cybersecurity awareness and online safety.  The modules are for your own education; you remain solely responsible for applying good security practices and for maintaining technical safeguards (e.g., strong passwords, device updates). Training is educational only and, by itself, cannot guarantee that you will avoid scams, fraud, malware, or data loss.

Identity Theft Protection Services:  The Identity Theft Protection Services, including features such as monitoring your credit profile, providing insurance for eligible identity theft claims, and monitoring certain publicly available registries maintained by local law enforcement agencies for your information, are only available to users who have a U.S. Social Security Number and a U.S. mailing address. You agree that you will use these Services only for your own behalf. You will be responsible for all use of your membership and membership number. You must notify Us immediately of any unauthorized use of your membership or membership number, or the theft or misplacement of your membership number.  

Authorization:  As needed to provide the Services to You, You authorize and instruct Us and any third-party service providers we engage now or in the future (together, “Authorized Providers”) to obtain, monitor and compile your (a) credit information from one or more credit reporting agency(-ies), and (b) "non-public personal information", "personal information," and "highly restricted personal information" about you as defined by the Gramm-Leach-Bliley Act (15 U.S.C. §6801 et seq.) and Driver’s Privacy Protection Act (18 U.S.C. § 2721 et seq.), respectively, and other personal information.  You understand that by enrolling in the Services, you are providing "written instructions" in accordance with the applicable law, including the US federal Fair Credit Reporting Act, as amended ("FCRA"), for Upfort, Authorized Providers, and all relevant service providers, which may include CSIdentity Corporation (“CSID”), Equifax Inc. (“Equifax”), Experian, Inc. (“Experian”),  and Transunion, LLC (“TransUnion”)  to obtain information from your personal credit profile from Experian, Equifax, and Transunion, the three major credit reporting agencies. If applicable, you authorize Upfort, Authorized Providers, and all relevant service providers to use your Social Security number to access your personal credit profile, verify your identity, and provide credit monitoring, reporting, and scoring products. Further, you authorize Upfort and Authorized Providers to make any inquiries necessary to verify your identity or your ownership of financial or other accounts relevant to your use of the Services. This may include, without limitation, making inquiries through third-party sources or requiring you to provide additional information or documentation. If we are unable to verify your identity or otherwise obtain your credit information from a credit reporting agency, we will be unable to provide certain Services to you and reserve the right to refuse to offer some or all of the Services to you, downgrade or cancel your Subscription, as applicable.

Insurance Disclosure: The identity theft insurance is provided to you at no additional cost by American Bankers Insurance Company of Florida, an Assurant company, a licensed insurance company in all U.S. states.

Insurance: Identity theft insurance is governed by a master policy (which may differ depending on the identity theft insurance plan you are enrolled in), the terms of which are incorporated herein by reference. The issuance of the policy is evidenced by the applicable insurance certificate, summary of benefits, or other similar document that has been provided to you. You acknowledge receipt of this information and agree to be bound by the terms, conditions, limitations, and exclusions of the policy applicable to the identity theft insurance plan you are enrolled in.

Credit Report-Related Disclosures for US Residents: The Fair Credit Reporting Act allows you to obtain a disclosure from every credit reporting agency of the nature and substance of all information in your file at the time of the request. Full disclosure of information in your file at Experian must be obtained directly from Experian by calling 888-397-3742 or logging on to www.experian.com/consumer. The credit report you are requesting from Upfort or Authorized Providers is not intended to constitute the disclosure of Experian information required by the Fair Credit Reporting Act or similar state laws. You are entitled to receive a disclosure directly from the consumer reporting agency free of charge under the following circumstances:

• You have been denied credit, insurance or employment within the past sixty (60) days as a result of your credit report.
• You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the date on which youmade the certification.
• You are a recipient of public welfare assistance
• You have reason to believe that your file at the agency contains inaccurate information due to fraud Annually at www.annualcreditreport.com

Otherwise, subject to applicable law, the consumer reporting agency may impose a reasonable charge for the disclosure.

The Fair Credit Reporting Act permits you to dispute inaccurate or incomplete information in your credit file. You understand that accurate information cannot be changed. You do not have to purchase your credit report or other information from Upfort or Authorized Providers to dispute inaccurate or incomplete information in my Experian file or to receive a copy of your Experian consumer credit report.

Experian’s National Consumer Assistance Center provides a proprietary consumer disclosure that is different from the consumer credit report provided by Upfort or Authorized Providers. The disclosure report must be obtained directly from Experian. Consumers residing in the States of Colorado, Massachusetts, Maryland, New Jersey, and Vermont may receive a free copy of their consumer credit report once per year and residents of the State of Georgia may receive two copies per year.

Fraud Alerts are available to any eligible consumers—free of charge—from a national consumer reporting agency.

NOTICE TO ILLINOIS RESIDENTS: MANY GOVERNMENT RECORDS ARE AVAILABLE FREE OR AT A NOMINAL COST FROM GOVERNMENT AGENCIES. CREDIT REPORTING AGENCIES ARE REQUIRED BY LAW TO GIVE YOU A COPY OF YOUR CREDIT RECORD UPON REQUEST AT NO CHARGE OR FOR A NOMINAL FEE.

The Services are not intended to substitute for any free credit report or disclosure that any credit reporting agency or bureau is required by law to provide to you. Neither you nor anyone else has the right to have accurate and current information removed from your credit report. If information in your credit report is inaccurate, you have the right to dispute it by contacting the credit bureau directly.

VANTAGESCORE 3.0 CREDIT SCORE: VantageScore 3.0, with scores ranging from 300 to 850, is a user-friendly credit score model developed by the three major nationwide credit reporting agencies, Experian®, TransUnion®, and Equifax®. VantageScore 3.0 is used by some but not all lenders. Higher scores represent a greater likelihood that you'll pay back your debts so you are viewed as being a lower credit risk to lenders. A lower score indicates to lenders that you may be a higher credit risk.

There are three different major credit reporting agencies, Experian, TransUnion, and Equifax, that maintain a record of your credit history known as your credit file. Credit scores are based on the information in your credit file at the time it is requested. Your credit file information can vary from agency to agency because some lenders report your credit history to only one or two of the agencies. So your credit scores can vary if the information they have on file for you is different. Since the information in your file can change over time, your credit scores also may be different from day-to-day. Different credit scoring models can also give a different assessment of the credit risk (risk of default) for the same consumer and same credit file.

There are different credit scoring models which may be used by lenders and insurers. Your lender may not use VantageScore 3.0, so don't be surprised if your lender gives you a score that's different from your VantageScore. (And your VantageScore 3.0 may differ from your score under other types of VantageScores). Just remember that your associated risk level is often the same even if the number is not. For some consumers, however, the risk assessment of VantageScore 3.0 could vary, sometimes substantially, from a lender’s score. If the lender's score is lower than your VantageScore 3.0, it is possible that this difference can lead to higher interest rates and sometimes credit denial.

Certain Public Records Monitoring: The sex offender (“Offender”) information that is used for a specific feature for the Services to monitor for if your information is added to a sex offender registry is derived from official public records. As such, the accuracy of the information provided through the Services may vary based upon the accuracy of such official public records. In certain cases, we may not obtain all the address information associated with the Offender who is contained in the public record. Upfort and Authorized Providers have no control over the contents of official public records. If you believe the information found using this feature is incorrect, please contact the local police department in the applicable jurisdiction for assistance. That police department will be able to assist you directly or refer you to the appropriate authority.

Miscellaneous

• Notices To Upfort:  All notices to Upfort must be in writing and will be deemed given when: (a) verified by a written receipt, if sent by postal mail with verification of receipt service or courier, (b) received, if sent by postal mail without verification of receipt, (c) personally delivered, or (d) verified by automated receipt or electronic logs if sent by email, provided that no bounce or other error message was received. All notices to Upfort must be emailed to legal@upfort.com and also sent by mail to:
  Paladin Data Insurance Corp. dba Upfort
  ATTN: LEGAL

1990 N CALIFORNIA BLVD FL 8 #1272

Walnut Creek, CA 94596, USA

Email alone is insufficient for providing non-routine legal notices to Upfort such as notices related to disputes or arbitration, indemnification claims, breach notices, and termination notices to Upfort. You may grant approvals, permission, extensions, and consents by email. 

• Notices To You: Upfort may provide notices or communications to you through your account, via email, or through other reasonable means. You must maintain a valid email address and notify Upfort of any changes to your contact information so that we can send you notices under these Terms. You agree that all agreements, notices, disclosures, and other communications that Upfort provides to you electronically satisfy any legal requirement that such communications be in writing. 
• Entire Agreement: These Terms (along with any additional terms that apply to specific Services and our Privacy Policy) constitute the entire agreement between you and Upfort regarding the Services. They supersede all prior or contemporaneous agreements, communications, or proposals (whether oral, written, or electronic) concerning the subject matter.
• No Waiver: Our failure to enforce any provision of these Terms will not be construed as a waiver of our rights or a waiver of that provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Upfort.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by a court or arbitrator of competent jurisdiction, that provision shall be eliminated or limited to the minimum extent necessary. The remainder of the Terms will continue in full force and effect.
• Assignment: You may not assign or transfer these Terms or any of your rights or obligations under these Terms, whether by operation of law or otherwise, without Upfort’s prior written consent. Upfort may assign or transfer these Terms (in whole or in part), or delegate any rights and obligations at its discretion without restriction. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns
• Relationship of Parties: You and Upfort are independent contractors. These Terms do not create any partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. You have no authority to make or accept any offers or representations on Upfort’s behalf.
• Force Majeure: Upfort is not liable for any delay or failure in performance of the Services caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, earthquake, fire, flood, pandemic, strikes, lockouts, government actions, internet or electrical outages, or the failure of third-party service providers.
• Headings: Section headings in these Terms are for convenience only and have no legal or contractual effect.
• Notice to California Residents only:  You may reach Upfort at the contact information provided below in the Contact Information section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  
  

Contact Information

If you have any questions about these Terms, or need to contact us for any reason, please reach out to Upfort:

Paladin Data Insurance Corp. dba Upfort
1990 N CALIFORNIA BLVD FL 8 #1272
Walnut Creek, CA 94596, USA
Email: contact@upfort.com

You may also contact our customer support through the Upfort website or your account dashboard for assistance regarding the Services.

By using the Services, you acknowledge that you have read, understood, and agreed to these Terms of Service. Thank you for choosing Upfort.

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