Terms of Service

Effective date: July 9, 2026

These Terms of Service (the "Terms") govern access to and use of the Best Up platform — including our websites, web application, iOS and Android applications, and related services (collectively, the "Service") — provided by Best Up ("Best Up," "we," "us," or "our"). By subscribing to or using the Service, you agree to these Terms. If you are accepting on behalf of a dealership or dealer group, you represent that you have authority to bind that organization, and "Customer" refers to that organization.

1. The Service

Best Up provides a digital "up system" for dealerships: a real-time shared queue that manages sales-representative rotation, availability statuses, customer-interaction dispositions, reporting and analytics, activity logs, and team messaging. We may improve or modify the Service over time, and will not materially reduce its core functionality during a paid subscription term without notice.

2. Accounts and Organizations

• Each user must have accurate account information and keep credentials confidential. Customer is responsible for activity that occurs under its users' accounts.
• The Service is organized around dealership organizations. Customer administrators control membership, roles, and permissions within their organization and are responsible for granting and revoking access appropriately, including when staff leave.
• The Service is intended for business use by individuals 16 years of age or older.

3. Subscriptions, Fees, and Trials

• Paid plans are billed per store on a recurring basis at the rates in effect when you subscribe. Fees are exclusive of taxes, which Customer is responsible for where applicable.
• New subscriptions may include a 14-day free trial. If you cancel before the trial ends, you will not be charged.
• Subscriptions renew automatically until cancelled. Cancellation takes effect at the end of the current billing period; fees already paid are non-refundable except where required by law.
• We may change pricing with at least 30 days' notice; changes apply from the next renewal.

4. Acceptable Use

You agree not to:

• Use the Service in violation of applicable law or the rights of others;
• Attempt to gain unauthorized access to the Service, other organizations' data, or our systems;
• Interfere with or disrupt the integrity or performance of the Service;
• Reverse engineer, copy, resell, or sublicense the Service except as permitted by law or a separate written agreement;
• Upload malicious code or use the Service to send unlawful or abusive messages.

5. Customer Data

As between the parties, Customer owns the data its users submit to the Service, including rosters, queue and activity records, dispositions, and messages ("Customer Data"). Customer grants us a limited license to host, process, and display Customer Data solely to provide and improve the Service. Our handling of personal information is described in our Privacy Policy. We use trusted subprocessors — including Clerk (authentication), Convex (database), and Vercel and Expo (hosting) — to operate the Service. We do not sell personal data.

6. Intellectual Property

The Service, including its software, design, and content (excluding Customer Data), is owned by Best Up and protected by intellectual property laws. We grant Customer a limited, non-exclusive, non-transferable right to use the Service during the subscription term in accordance with these Terms. Feedback you provide may be used by us without restriction or obligation.

7. Availability and Support

We strive to keep the Service available at all times but do not guarantee uninterrupted availability. Scheduled maintenance and factors outside our control may cause downtime. Support is provided according to your plan; Enterprise customers may have a separate service-level agreement that supersedes this section.

8. Termination

Customer may cancel its subscription at any time, effective at the end of the billing period. We may suspend or terminate access for material breach of these Terms that remains uncured after reasonable notice, or immediately where necessary to protect the Service or other customers. Upon termination, Customer may request an export of its Customer Data within 30 days, after which we may delete it in accordance with our Privacy Policy.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BEST UP DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL MEET CUSTOMER'S REQUIREMENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE. OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

Customer will defend and indemnify Best Up against third-party claims arising from Customer Data or Customer's use of the Service in violation of these Terms or applicable law. Best Up will defend and indemnify Customer against third-party claims alleging that the Service, as provided, infringes their intellectual property rights.

12. Governing Law

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Florida will have exclusive jurisdiction over any dispute arising out of these Terms, and each party consents to their jurisdiction.

13. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide notice through the Service or by email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms? Contact us at team@bestuplist.com.