LEGAL

Terms of Service

Published terms for the Upside service.

Published document · review required

This is the existing policy text, dated 1 July 2026. Some product, provider and pricing references reflect the older service. It must be reconciled with the current offer before launch.

1. Acceptance of terms

By creating an Upside account or using the Upside platform, you agree to these Terms of Service. If you are agreeing on behalf of a business, you confirm you have authority to bind that business.

2. Description of service

Upside provides AI-powered marketing tools for F&B businesses, including Business Brain (business intelligence), CMO Strategy (automated marketing planning), and WhatsApp AI (automated customer messaging), among other features.

3. Subscription & billing

Upside is offered on three monthly subscription tiers:

Starter
RM199/mo
Growth
RM499/mo
Scale
RM799/mo

Each tier includes a monthly allowance of usage credits, consumed by AI-generated messages, campaigns, and analyses. Additional credits beyond your plan's allowance are billed at the applicable top-up rate. Subscriptions renew automatically each month until cancelled.

4. Cancellation & refunds

You may cancel your subscription at any time; cancellation takes effect at the end of the current billing cycle, and you retain access until then. Fees already paid are non-refundable except where required by law.

By using WhatsApp AI, you authorise Upside to send and receive WhatsApp messages on behalf of your business via the WhatsApp Business Platform, and to store conversation content as needed to operate the service. You are responsible for ensuring your own use of customer messaging complies with applicable consumer and messaging regulations.

6. Acceptable use

You agree not to use Upside to send unlawful, deceptive, or unsolicited bulk messages, to misrepresent your business, or to attempt to reverse-engineer or resell the platform without our consent.

7. Intellectual property

Upside retains all rights to its software, models, and platform. You retain ownership of your business content (menus, brand assets, and messages) that you upload or that Upside generates specifically for your account.

8. Disclaimers & limitation of liability

Upside is provided "as is." AI-generated content and recommendations may occasionally be inaccurate, and you are responsible for reviewing customer-facing messaging where practical. To the maximum extent permitted by law, Upside's aggregate liability for any claim arising from use of the service is limited to the fees paid by you in the three months preceding the claim.

9. Termination

We may suspend or terminate access to Upside if these terms are breached, or if required to comply with law or platform policies (including WhatsApp Business Platform policies).

10. Governing law

These terms are governed by the laws of Malaysia, and any disputes are subject to the exclusive jurisdiction of the Malaysian courts.

11. Changes to these terms

We may update these Terms of Service from time to time. Continued use of Upside after an update constitutes acceptance of the revised terms.

12. Contact

Questions about these Terms can be sent to support@upside.com.my, or via our Contact page.