1. Acceptance of Terms

By accessing or using UpsellPro (“Service”), you agree to be bound by these Terms of Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these terms.

2. Description of Service

UpsellPro is a platform that enables property managers to offer upsell services (such as early check-in and late checkout) to their guests. The Service includes:

• Integration with Property Management Systems (PMS)
• Automated and manual upsell offer generation
• SMS and email communication with guests
• Payment processing through Stripe
• Analytics and reporting dashboards

3. User Accounts

You must create an account to use the Service. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Providing accurate and current information
• Notifying us immediately of any unauthorized use

4. Payment Terms

UpsellPro offers two pricing models, selected during onboarding:

4.1 Revenue Share Plan

• No monthly subscription fee
• 70% of upsell revenue goes to the property manager
• 30% of upsell revenue is retained by UpsellPro as a platform fee
• Standard Stripe processing fees apply to all transactions

4.2 Flat Rate Plan

• $25 per property per month
• You keep 100% of upsell revenue
• Standard Stripe processing fees apply to all transactions

You must connect a valid Stripe account to receive payments. Payouts are processed through Stripe Connect. We reserve the right to adjust fees with 30 days advance notice.

5. SMS Program Terms

UpsellPro sends SMS messages to guests on behalf of property managers to facilitate reservation-related upsell services such as early check-in and late checkout offers.

5.1 Consent and Authorization

• You represent that you have proper consent from guests to send SMS communications related to their reservation
• You agree to comply with all applicable laws including TCPA (Telephone Consumer Protection Act)
• Guest phone numbers are collected through PMS integrations from confirmed reservations

5.2 Message Types and Frequency

• Messages are limited to reservation-related upsell offers (e.g., early check-in, late checkout)
• Typical frequency is 1-3 messages per reservation
• Message and data rates may apply to recipients
• Guest phone numbers are not used for unrelated marketing or promotional campaigns
• Guest phone numbers and personal information are not shared with third parties for marketing purposes

5.3 Opt-Out and Help

• Guests may opt out of SMS messages at any time by replying STOP
• Guests may request help by replying HELP
• All opt-out requests are honored immediately and permanently for that phone number
• You will not attempt to circumvent or override guest opt-out preferences

For complete details on our SMS practices, consent handling, and carrier disclosures, please see our SMS Consent Policy and Privacy Policy.

6. Acceptable Use

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Send spam or unsolicited messages
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to any systems
• Misrepresent your identity or affiliation
• Violate any applicable laws or regulations

7. Data and Privacy

Your use of the Service is subject to our Privacy Policy. You are responsible for:

• Ensuring you have proper rights to share guest data with us
• Complying with applicable data protection laws
• Informing your guests about how their data is used

8. Intellectual Property

The Service and its original content, features, and functionality are owned by UpsellPro and are protected by international copyright, trademark, and other intellectual property laws.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

10. Limitation of Liability

IN NO EVENT SHALL UPSELLPRO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11. Indemnification

You agree to indemnify and hold harmless UpsellPro from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

12. Termination

We may terminate or suspend your account immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users or the Service.

13. Changes to Terms

We reserve the right to modify these terms at any time. We will provide notice of significant changes via email or through the Service. Continued use after changes constitutes acceptance of new terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

15. Contact Information

For questions about these Terms of Service, please contact us at:

Email: legal@upsellpro.com
Support: support@upsellpro.com