Terms of Service

Effective date: July 1, 2026

These Terms of Service (“Terms”) are a binding agreement between Revup Inc (“Revup,” “we,” “us,” or “our”) and the person or organization that accesses or uses the Revup websites, platform, hosted or embedded promotions, APIs, and related services (collectively, the “Service”).

Forms, sweepstakes, contests, giveaways, instant-win experiences, surveys, quizzes, purchase promotions, and other marketing programs created or operated through the Service are each a “Promotion” and collectively “Promotions.”

If you use the Service for a business or organization, you represent that you have authority to bind it, and “you” and “Customer” refer to that business or organization. If you interact with a Customer's Promotion without a Revup business account, the Participant terms in Section 6 also apply to you.

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who may use the Service

You must be at least 18 years old and legally able to enter into a contract to open or administer a Revup business account. You may not use the Service if applicable law bars you from doing so.

A Customer may authorize employees, contractors, agencies, or other users to access its account. The Customer is responsible for those users, their permissions, and their compliance with these Terms.

Participant eligibility is determined separately by the Official Rules for the specific Promotion and applicable law, not by the Customer-account age requirement in this Section. Customers must establish and enforce appropriate Participant age restrictions. Revup does not permit Promotions directed to children under 13 or the knowing collection of personal information from children under 13.

2. Accounts and security

You must provide accurate, current information and keep it updated. You are responsible for:

protecting passwords, API keys, integration credentials, and devices;
using available security controls, including optional two-factor authentication, as appropriate for the Customer's risk and access needs;
assigning appropriate roles and removing access when no longer needed;
all activity under your account, except activity caused by Revup's breach of these Terms; and
promptly notifying [email protected] of suspected unauthorized access or security incidents.

You may not share individual credentials, access another person's account without authorization, or bypass account, usage, or security controls.

3. The Service and license

Subject to these Terms and payment of applicable fees, Revup grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Service for its internal business purposes and to operate Promotions for itself or its authorized clients.

Revup may improve, modify, or discontinue features. We will provide reasonable notice of a material reduction in core paid functionality when practicable. Beta, preview, or experimental features may be changed or withdrawn at any time and are provided without service commitments unless we agree otherwise in writing.

No right is granted except as expressly stated in these Terms.

4. Customer responsibilities

The Customer controls and is responsible for its Promotions, Customer Content, Participant Data, instructions, and use of the Service.

The Customer must:

publish accurate, complete, legally compliant Official Rules for each Promotion by either completing Revup's available rules template, including the requested sponsor and privacy-policy information, or supplying its own custom rules;
clearly identify the Promotion sponsor and provide required privacy notices and disclosures;
define and enforce eligibility, geography, age, entry periods, entry limits, winner selection, judging, prizes, odds disclosures, and fulfillment terms;
provide a legally sufficient free alternative method of entry when required;
handle registrations, bonding, permits, tax reporting, winner documentation, and other legal or regulatory obligations;
award and deliver advertised prizes and honor statements made to Participants;
comply with consumer-protection, advertising, promotion, lottery, contest, sweepstakes, gambling, privacy, data-protection, accessibility, intellectual-property, email, SMS, telemarketing, export, sanctions, and industry-specific laws;
comply with social-network, app-store, commerce-platform, and other third-party rules;
obtain all rights, permissions, lawful bases, and consents needed to collect, use, display, message, export, and disclose Participant Data and Customer Content;
provide a way for Participants to exercise applicable privacy and messaging rights;
configure integrations and public-display features carefully; and
use only designated secure Revup features for tax forms, identity documents, payment information, or other sensitive winner information.

Revup provides software tools and generic templates, not legal advice. Revup's rules template is a starting point only; completing its fields does not make the resulting rules legally sufficient. Templates, automated rules, AI-generated content, eligibility tools, winner tools, tax workflows, and compliance features may not address every law, jurisdiction, prize, Promotion type, or factual situation. Whether the Customer uses Revup's template or custom rules, the Customer must review and adapt the final Official Rules for every jurisdiction in which the Promotion is offered and should obtain advice from qualified counsel before launching.

If a Customer stores W-9 forms, tax identification numbers, identity documents, affidavits, signatures, shipping details, or similar sensitive winner information in Revup, it must use Revup's designated winner-claim system. A Customer may instead collect that information directly from a winner outside Revup, in which case the Customer is solely responsible for the collection method, security, use, retention, and legal compliance.

5. Promotion integrity and acceptable use

You may not use the Service to:

run a fake, deceptive, unlawful, or misleading Promotion;
advertise a prize you do not reasonably intend or have the ability to award;
manipulate winner selection, judging, entries, referrals, votes, odds, inventory, or results;
create false accounts, automate entries, abuse referral systems, buy or fabricate engagement, or evade eligibility or entry limits;
misrepresent Revup as the sponsor, legal adviser, guarantor, or endorser of a Promotion;
collect or use personal information without required notice, authority, consent, or rights;
send spam or unlawful marketing, or ignore unsubscribe, STOP, suppression, or consent requirements;
upload or distribute content that is unlawful, infringing, deceptive, defamatory, harassing, hateful, exploitative, obscene, or invasive of privacy;
promote illegal gambling, unlawful lotteries, fraud, malware, phishing, weapons trafficking, human exploitation, or other illegal activity;
run a Promotion directed to children under 13 or knowingly collect personal information from a child under 13;
collect health, biometric, financial-account, government-identifier, precise-location, child, or similarly regulated data through ordinary custom fields;
access or test another Customer's account or data;
probe, scan, reverse engineer, decompile, scrape, or attempt to discover source code or vulnerabilities, except where a legal right cannot be waived;
bypass security, rate, feature, billing, or usage controls;
introduce malicious code or disrupt the Service; or
use the Service to build or benchmark a competing product without Revup's written permission.

Revup may investigate suspected violations and may require proof of sponsor identity, Promotion legitimacy, prize availability, winner selection, consent, or fulfillment. Revup has no obligation to pre-screen or continuously monitor every Customer, Promotion, or submission. Revup may immediately and without advance notice suspend, restrict, or remove any content, Promotion, feature, or account that Revup believes is unlawful, deceptive, harmful, objectionable, or creates legal, security, reputational, deliverability, or operational risk.

Promotions involving alcohol, cannabis, tobacco or nicotine, firearms, healthcare, financial products, cryptocurrency, unusually high-value prizes, or other regulated or high-risk categories require Revup's prior written approval. Revup does not proactively screen every signup or Promotion and may investigate, suspend, remove, or terminate one after discovery.

6. Terms for Participants

A. The sponsor is responsible for the Promotion

Promotions powered by Revup are created and offered by Customers. A Customer may not identify Revup as a sponsor, co-sponsor, administrator, prize provider, or decision-maker without Revup's prior written agreement. Unless Revup expressly agrees otherwise in a separate signed agreement:

the Customer identified as sponsor, not Revup, sponsors and administers the Promotion;
the sponsor determines eligibility, entry methods, prizes, odds, judging or winner selection, tax treatment, and fulfillment;
the sponsor is responsible for the Promotion's legality, accuracy, fairness, and promises; and
Revup does not endorse the sponsor, Promotion, prize, linked website, or Participant content.

Before participating, review the Promotion's Official Rules, sponsor privacy policy, consent language, and any additional terms. Questions about eligibility, disqualification, winners, prizes, refunds, marketing, or the sponsor's use of information should be directed to the sponsor.

B. Participant information and content

When you participate, Revup processes information for the sponsor and as described in the Revup Privacy Policy. The sponsor can access information collected through its Promotion and may direct Revup to send it to sponsor-selected services.

Revup may deliver verification, entry-confirmation, winner-notification, prize-claim, and other messages only when configured or initiated by the Customer through the Service. Revup does not independently use Participant Data to market Revup products or services to Participants.

If a Promotion includes a public gallery, leaderboard, winner announcement, referral feature, or similar feature, information identified before you submit may be displayed publicly.

You retain ownership of content you submit. You grant Revup a worldwide, non-exclusive, royalty-free license to host, copy, process, adapt for technical formatting, transmit, and display that content only as needed to provide, secure, and support the Customer-configured Promotion. The sponsor's Official Rules may request additional rights for the sponsor; review those rules before submitting.

You represent that you have the rights needed to submit the content and that it does not violate law or another person's rights.

C. Fair participation

Participants may not use bots, scripts, false identities, duplicate accounts, unauthorized votes, self-referral schemes, tampered purchase records, or other deceptive methods. Revup and the sponsor may investigate activity, require verification, invalidate activity, or disqualify a Participant as permitted by the Official Rules and law.

Revup's fraud, verification, eligibility, scoring, or winner tools support the sponsor's administration but may not be error-free. The Customer initiates use of those tools and remains responsible for eligibility review, validation, disqualification, winner confirmation, and every final Promotion decision.

D. Participant payments

If a Promotion includes a purchase, subscription, donation, or payment, the sponsor or connected merchant is responsible for the goods or services, pricing, refunds, fulfillment, and applicable consumer obligations. Payment processing is provided by Stripe, Shopify, or another payment provider under its own terms. Revup does not receive or store payment-card numbers. Revup provides the technical Promotion functionality and is not the seller or merchant unless Revup expressly agrees otherwise in a separate signed agreement.

Nothing in these Terms alters a free alternative method of entry or other right stated in the Official Rules or required by law.

Revup may prepare affidavits and W-9 forms through Customer-initiated winner-claim workflows. The Customer remains responsible for determining what documentation is required and for prize tax reporting. Revup does not currently prepare or issue Forms 1099 to winners.

E. Release of Revup

To the maximum extent permitted by law, each Participant releases Revup and its affiliates, officers, directors, employees, and agents from claims arising from or relating to a Customer's Promotion, including its Official Rules, eligibility or disqualification decisions, entries or votes, judging or winner selection, prizes, fulfillment, products or services, injuries or losses associated with participation or a prize, marketing, and the Customer's collection or use of Participant Data. Promotion-specific complaints and claims must be directed to the sponsor.

This release does not apply to liability caused solely by Revup that applicable law does not permit Revup to exclude or limit.

7. Customer Data, Participant Data, and privacy

“Customer Data” means information and content submitted to or generated through a Customer account, including “Customer Content” and “Participant Data” collected through Customer Promotions. Customer Data does not include Revup's software, documentation, or technical service telemetry about account, feature, Promotion, traffic, performance, delivery, error, capacity, security, or outage activity that does not contain or derive from Customer Content or Participant Data or identify a Participant.

As between Revup and the Customer, the Customer retains its rights in Customer Data. The Customer grants Revup and its service providers a worldwide, non-exclusive right to host, copy, process, transmit, display, and otherwise use Customer Data only to:

provide, secure, and support the Customer-configured Service;
follow the Customer's configured instructions;
prevent fraud and enforce these Terms;
comply with law; and
complete a permitted corporate transaction as described below.

Revup does not use Customer Content or Participant Data, including aggregated or deidentified information derived from that data, to develop or improve its products. Revup may use separate technical telemetry that does not contain or derive from Customer Content or Participant Data or identify a Participant. That telemetry may include Customer, account, or Promotion identifiers and may be used only to operate, maintain, secure, troubleshoot, and improve the Service; measure traffic and capacity; diagnose outages and delivery issues; prevent fraud; and produce internal technical analytics. Revup does not use it for Participant marketing, advertising, or cross-customer Participant profiles and will not use a persistent identifier to track a Participant across unrelated Customer Promotions.

The Revup Privacy Policy explains our practices. If the parties enter into a Data Processing Addendum (“DPA”), the DPA controls for covered processing in the event of conflict with these Terms.

Revup may transfer Customer Data and related account information as part of a merger, acquisition, financing, reorganization, bankruptcy, or sale of relevant assets, subject to appropriate confidentiality and the successor's applicable contractual and privacy obligations. This does not authorize Revup to sell or rent Customer Data or Participant Data as an unrelated data product.

The Customer must not instruct Revup to process data unlawfully. The Customer is responsible for responding to Participant privacy requests, and Revup will provide assistance required by applicable law and the parties' DPA.

Revup will not use Customer Data or Participant Data to train Revup or third-party artificial-intelligence models.

8. Integrations and third-party services

The Service may connect to third-party services such as Stripe, Shopify, Google, social networks, email or SMS providers, CRM tools, marketing platforms, automation services, file hosts, and Customer webhooks.

The Customer authorizes Revup to exchange information with a connected service according to the Customer's configuration. The Customer is responsible for:

having authority to connect the service and transfer the information;
the accuracy of credentials, permissions, mappings, and destinations;
complying with the third party's terms and policies; and
the third party's use of information after transfer.

Revup does not control third-party services and is not responsible for their availability, changes, security, content, or acts. A third party may change or discontinue an API or feature, which may interrupt an integration.

9. Artificial intelligence and generated content

The Service may offer AI-assisted drafting, translation, design, analysis, or other generated output.

Generated output may be inaccurate, incomplete, offensive, or similar to content generated for others. It is not legal, tax, financial, or professional advice. The Customer must review output before using or publishing it and remains responsible for its Promotions, content, decisions, and compliance.

The Customer must not submit confidential, personal, or regulated information to an AI feature unless the feature expressly permits that use and the Customer has authority to do so.

Revup does not guarantee that generated content is unique, non-infringing, or legally compliant.

10. Customer Content and intellectual property

“Customer Content” includes Promotions, copy, designs, brands, files, rules, messages, templates, and other material a Customer submits to the Service.

The Customer retains ownership of Customer Content and grants Revup the limited license in Section 7. The Customer represents that it has all rights needed for Revup to use Customer Content as authorized by these Terms.

Revup may use the Customer's name and logo on Revup's website, customer lists, presentations, and sales or marketing materials solely to identify the Customer as a Revup customer, without separate advance permission. Revup will not imply an endorsement or disclose confidential information through that use. The Customer may ask Revup to stop future use by contacting [email protected].

Revup and its licensors own the Service, including software, interfaces, designs, documentation, templates, trademarks, and technology. Except for the limited license in Section 3, these Terms do not transfer any Revup intellectual-property rights.

If you provide feedback, you grant Revup a perpetual, worldwide, irrevocable, royalty-free right to use it without restriction or compensation, provided Revup does not publicly identify you as the source without permission.

Copyright complaints

Customers are responsible for ordinary moderation of their Promotions, confirming that they and Participants have the necessary content rights, and addressing routine content complaints. A person with a routine concern about content should contact the Promotion sponsor first.

A copyright owner or authorized agent may send a formal notice concerning material stored or displayed through the Service directly to Revup's designated copyright agent. Revup may forward the notice to the Customer or uploader, request information or cooperation, remove or disable access to identified material, and process a valid counter-notice as applicable. Revup may suspend or terminate Customers or users that it reasonably determines are repeat infringers. Customers must reasonably assist Revup with copyright complaints concerning their Promotions.

Instructions for submitting a copyright infringement notice or counter-notice, together with Revup's designated copyright agent contact information, are available in our DMCA Policy.

11. Subscriptions, billing, and taxes

Paid plans, usage limits, included features, subscription period, and fees are shown in the applicable order, checkout, pricing page, or separate agreement.

Unless the order says otherwise:

Revup's current seven-day free trial does not require a payment card and does not automatically convert into a paid subscription; the Customer must affirmatively select a paid plan and provide a payment method to continue using paid features after the trial;
Revup may offer different trial terms in the future, including a card-required or automatically converting trial, only when those terms and the resulting charges are clearly disclosed before the Customer accepts that trial;
subscriptions renew automatically for successive periods of the same length until canceled;
Revup's payment provider may charge the payment method on file at the beginning of each paid period;
fees are stated exclusive of taxes, and the Customer is responsible for applicable sales, use, value-added, withholding, or similar taxes other than taxes on Revup's income;
the Customer may cancel through the billing page, with cancellation effective at the end of the current paid period;
fees already paid are non-refundable, and Revup does not provide refunds or credits for partially used periods, except where required by law, for a confirmed billing error, or when Revup agrees otherwise in writing in its discretion; and
failure to pay may result in suspension or termination.

Revup may change pricing or plan features for a future renewal period with reasonable advance notice.

Revup does not currently charge automatic overage fees or automatically upgrade a Customer when a plan limit is reached. Revup may notify the Customer as usage approaches a limit, including email and SMS usage notifications at approximately 70%, 80%, and 90%. When a limit is reached, affected features or outbound activity, including email or SMS delivery, may pause until the Customer upgrades or the applicable allowance resets. A live Promotion may continue accepting and securely storing Participant Data in the background even while affected outbound features are paused. Customers remain responsible for monitoring usage and upgrading in time for Promotion needs.

Unless the applicable billing provider requires different treatment, a downgrade takes effect immediately and the provider calculates a prorated account credit for the unused portion of the higher-priced plan. Downgrade credits are applied to a future invoice or otherwise handled by the billing provider; they are not automatically refunded to the original payment method. A billing provider may defer certain changes until the next renewal—for example, Shopify may defer some annual-plan downgrades. Provider checkout or approval terms shown to the Customer control the timing and calculation when required by that provider.

12. Suspension and termination

The Customer may stop using the Service or cancel its subscription according to Section 11.

Revup may suspend or terminate access if:

fees are overdue;
the Customer or its users violate these Terms;
use creates a security, legal, fraud, deliverability, or operational risk;
a Promotion appears deceptive, unlawful, or harmful;
a third-party provider or law prevents us from continuing the Service; or
needed to prevent material harm.

Revup may act immediately and without advance notice. When Revup determines that notice and an opportunity to cure are appropriate under the circumstances, it may provide them, but these Terms do not require a cure period.

A Customer may contact [email protected] to request review of a suspension, restriction, removal, or termination. Revup may request information or corrective action, but review, reconsideration, and reinstatement remain in Revup's discretion. Submitting a request does not stay the action or require Revup to preserve access while review is pending.

After termination, the Customer's right to use the Service ends. Unless an applicable order or DPA states otherwise, Revup generally retains Customer Data for one year after the Customer's account is canceled or terminated. After that period, Revup may delete or deidentify Customer Data according to the Privacy Policy, DPA, and applicable law, subject to legal, tax, accounting, security, fraud-prevention, dispute, legal-hold, and backup-cycle requirements. The Customer should export needed data before cancellation or termination and may contact [email protected] to request earlier deletion where applicable.

Termination or suspension does not entitle the Customer to a refund or credit for a partially used period. Revup may grant an exception in its discretion, but doing so in one instance does not require Revup to do so again.

Sections that by their nature should survive termination will survive, including payment obligations, ownership, confidentiality, disclaimers, liability limits, indemnity, dispute terms, and accrued rights.

13. Confidentiality

Each party may receive non-public information that is identified as confidential or that a reasonable person would understand is confidential (“Confidential Information”).

The receiving party will:

use Confidential Information only to perform or exercise rights under the agreement;
protect it using at least reasonable care; and
disclose it only to personnel, contractors, advisers, and providers who need it and are bound by confidentiality obligations.

Confidential Information does not include information the receiving party can show was lawfully known without restriction, independently developed, lawfully received from another source, or publicly available through no breach.

A party may disclose information when legally required after giving notice where permitted and reasonably assisting with protective measures.

These confidentiality obligations continue during the relationship and for three years after it ends. Trade secrets remain protected for as long as they qualify as trade secrets, and personal data remains protected for as long as applicable law or the DPA requires.

14. Security

Revup will maintain reasonable administrative, technical, and organizational safeguards designed to protect Customer Data. No online service is completely secure, uninterrupted, or error-free.

If Revup confirms that a security incident resulted in unauthorized access to, acquisition of, disclosure of, alteration of, or loss of Customer Data, Revup will notify the affected Customer without undue delay and no later than 24 hours after that confirmation. The initial notice may be preliminary, and Revup may provide additional information as its investigation continues. Revup will provide reasonable information and cooperation needed for the Customer to meet applicable notification obligations.

The Customer is responsible for account security, appropriate permissions, endpoint and network security, backups or exports it requires, and lawful configuration of its Promotions and integrations.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, BETA FEATURES, TEMPLATES, GENERATED CONTENT, INTEGRATIONS, AND RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

REVUP DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

REVUP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, OR LEGALLY SUFFICIENT; THAT DEFECTS WILL BE CORRECTED; THAT ENTRIES, VOTES, MESSAGES, INTEGRATIONS, WINNER SELECTION, FRAUD DETECTION, OR DATA WILL ALWAYS BE ACCURATE OR DELIVERED; OR THAT A PROMOTION WILL ACHIEVE ANY RESULT. THESE TERMS DO NOT CREATE AN UPTIME GUARANTEE OR A RIGHT TO SERVICE CREDITS.

REVUP IS NOT RESPONSIBLE FOR A CUSTOMER'S PROMOTION, OFFICIAL RULES, CONSENTS, PRIZES, WINNER DECISIONS, TAXES, MARKETING, PARTICIPANT RELATIONSHIPS, OR THIRD-PARTY SERVICES, EXCEPT TO THE EXTENT EXPRESSLY AGREED IN WRITING.

Some jurisdictions do not allow certain disclaimers, so some of this Section may not apply.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
REVUP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE TO REVUP FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY BEFORE THE EVENT FIRST GIVING RISE TO THE CLAIM.

The exclusions and limits in this Section do not apply to the Customer's payment obligations or its obligations under Section 17, or to either party's fraud, fraudulent misrepresentation, gross negligence, or willful misconduct. They also do not apply to death or personal injury caused by negligence or to any liability or remedy that applicable law does not permit the parties to exclude or limit.

17. Indemnification

The Customer will defend, indemnify, and hold harmless Revup, its affiliates, and their officers, directors, employees, and agents from third-party claims, losses, damages, penalties, liabilities, and reasonable legal fees arising from:

the Customer's Promotions, Customer Content, Participant Data, products, services, prizes, or marketing;
the Customer's or its users' violation of law, third-party rules, Official Rules, privacy notices, consents, or these Terms;
allegations that Customer Content or the Customer's use of data infringes or violates another person's rights; or
disputes between the Customer and a Participant, winner, agency, client, partner, or third-party service.

Revup will promptly notify the Customer of a covered claim and reasonably cooperate at the Customer's expense. The Customer may control the defense and settlement, but may not admit fault for or impose an obligation on Revup without Revup's written consent.

The Customer is not responsible under this Section for a third-party claim to the extent caused solely by Revup's breach of these Terms or its unlawful conduct.

Revup does not have an obligation under these Terms to defend, indemnify, or hold the Customer harmless from intellectual-property infringement claims concerning the Service. Revup may agree to different terms in a separately signed enterprise agreement.

18. Governing law and disputes

These Terms and any dispute between you and Revup are governed by Connecticut law, without regard to conflict-of-law rules, and by the Federal Arbitration Act where applicable.

Informal resolution

Before starting arbitration or filing a permitted court claim, the claimant must send an individual written notice describing the dispute, supporting facts, and requested relief. Notices to Revup must be sent to [email protected]. The parties will attempt in good faith to resolve the dispute for 30 days after receipt.

Individual binding arbitration

Except for the exceptions below or where applicable law prohibits enforcement, any unresolved dispute arising out of or relating to the Service, a Promotion, these Terms, or the Privacy Policy will be resolved through final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA rules applicable to the dispute. The arbitrator may award the same individual relief a court could award, subject to these Terms, but may not combine claims or preside over a class, collective, consolidated, or representative proceeding.

Arbitration will take place in New Haven County, Connecticut, unless the applicable AAA rules or law require another location or the parties agree to remote proceedings or another location. Fees will be allocated under the applicable AAA rules and law.

Class-action and jury-trial waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND REVUP WAIVE THE RIGHT TO A JURY TRIAL AND MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Exceptions

Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or urgent injunctive relief from a court to prevent actual or threatened infringement, data misuse, unauthorized access, or other irreparable harm without waiving arbitration of the remaining dispute.

For claims not subject to arbitration and proceedings to enforce or review an arbitration award, the state and federal courts serving New Haven County, Connecticut have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.

30-day arbitration opt-out

You may opt out of arbitration by emailing [email protected] within 30 days after you first accept these Terms. The notice must identify you and, for a Customer, the applicable account and must clearly state that you are opting out of arbitration. Opting out applies only to arbitration; the rest of these Terms remains effective. An opt-out submitted after the 30-day period is ineffective.

19. Changes to these Terms

Revup may update these Terms by posting the revised Terms with an updated date.

Posting the revised Terms and changing the effective or last-updated date is sufficient notice, except where applicable law requires another form of notice. Changes apply prospectively from the stated effective date. Continued use of the Service after that date constitutes acceptance. If a Customer does not agree, it must stop using the Service and cancel.

20. General terms

Notices. Revup may send notices to the account email address or through the Service. Legal notices to Revup must be sent to the address in Section 21 or to [email protected].
Assignment. The Customer may not assign these Terms without Revup's written consent. Revup may assign them in connection with a merger, acquisition, reorganization, or sale of all or substantially all relevant assets.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except payment obligations.
No agency. These Terms do not create a partnership, franchise, joint venture, fiduciary, employment, or agency relationship.
No third-party beneficiaries. These Terms do not create rights for third parties, except indemnified parties under Section 17.
Waiver. Failure to enforce a provision is not a waiver.
Severability. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will continue.
Order of precedence. A signed order or separate written agreement controls over these Terms for a direct conflict, followed by an applicable DPA, then these Terms.
Entire agreement. These Terms, the Privacy Policy, applicable orders, and any incorporated policies are the complete agreement about the Service and replace prior discussions on that subject.

21. Contact

Attn: Legal
Service: Revup

Address:
Revup Inc
320 Boston Post Rd, Suite 180
#1070
Darien, CT 06820

Email: [email protected]