Are you a fitness creator and want to scale your online business?

Terms of service:

Effective Date: February 28, 2025

Introduction

These Terms of Service (“Terms”) govern your access to and use of UpscaleCreator.com (the “Site”) and any services provided by Upscale Creator LLC (“Upscale Creator”, “we”, “us”, or “our”).

By accessing the Site, submitting an application, booking a call, or using our services, you agree to these Terms.

1) Services

Upscale Creator LLC provides marketing and growth services to online content creators and digital businesses. Services may include:

Marketing strategy and growth planning
Content operations and workflow support
Sales systems, funnels, and customer journeys
CRM setup and automation systems
Paid community and digital product setup
Backend operations and optimization

Specific deliverables, timelines, and scope are defined in a separate written agreement (“Service Agreement”) between Upscale Creator and the client.

2) No Legal, Tax, or Financial Advice

We do not provide legal, tax, accounting, or financial advisory services. You are responsible for consulting qualified professionals where necessary.

3) Eligibility

You must be at least 18 years old and capable of entering a legally binding agreement to use the Site or services.

4) Applications & Acceptance

Submitting an application does not guarantee acceptance. We may decline applications for any reason at our discretion.

We may request additional information to verify identity, business activity, or suitability for our services.

5) Payments

Payment terms are defined in your Service Agreement. By entering into a Service Agreement, you agree to:

Pay fees on time according to the agreed schedule
Cover third-party costs if applicable (software subscriptions, platform fees, transaction fees, etc.)
Maintain valid payment methods where relevant

Failure to pay may result in suspension or termination of services.

6) Refunds

Refund terms (if any) are governed by your Service Agreement. Unless otherwise stated in writing, fees paid are non-refundable once work has started.

7) Client Responsibilities

You agree to:

Provide accurate and complete information
Respond reasonably to requests needed for delivery
Use services in compliance with applicable laws
Not submit false or misleading information
Not use our services for illegal or prohibited activity

You are responsible for your business decisions, offers, and client fulfillment.

8) Results Disclaimer (No Guarantees)

We do not guarantee specific outcomes, including revenue, audience growth, conversion rates, or profitability. Results vary based on your niche, audience, effort, market conditions, and execution.

9) Intellectual Property

A. Our Materials

All website content, methods, frameworks, systems, templates, automations, and deliverables created by Upscale Creator remain our intellectual property unless otherwise stated in writing.

B. Limited License

If you become a client, we grant you a limited, non-transferable license to use deliverables created for your business as specified in your Service Agreement.

You may not resell, distribute, publish, or commercially exploit our proprietary frameworks without permission.

C. Your Materials

You retain ownership of your original brand assets, content, and trademarks you provide to us.

10) Confidentiality

Both parties agree to keep confidential any non-public information shared during discussions or service delivery. Confidentiality does not apply to information that:

Is publicly available through no fault of the receiving party
Was known prior to disclosure
Must be disclosed by law or court order

11) Prohibited Uses

You may not use the Site or services to:

Violate any law or regulation
Engage in fraud, deception, or misrepresentation
Distribute malware, spam, or harmful code
Infringe intellectual property rights
Harass, threaten, or abuse others

12) Third-Party Services

We may integrate or recommend third-party tools (CRMs, payment processors, community platforms). Your use of those services is governed by their terms. We are not responsible for third-party service downtime, decisions, or account approvals.

13) Termination

We may suspend or terminate access to the Site or services if you:

Violate these Terms or your Service Agreement
Provide false, misleading, or unlawful information
Engage in abusive or unethical behavior

Termination does not eliminate payment obligations already incurred.

14) Limitation of Liability

To the fullest extent permitted by law, Upscale Creator LLC is not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, business interruption, or loss of data.

Our total liability for any claim related to the Site or services will not exceed the amount paid to us in the three (3) months prior to the event giving rise to the claim (or the minimum amount permitted by law, if lower).

15) Indemnification

You agree to indemnify and hold harmless Upscale Creator LLC from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

Your use of the Site or services
Your business activities, offers, or client fulfillment
Your violation of these Terms or applicable laws

16) Governing Law

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of laws principles.
(If your attorney suggests a different state, update this to match your formation and operating agreement.)

17) Changes to These Terms

We may update these Terms from time to time. Changes become effective when posted. Continued use of the Site constitutes acceptance of the updated Terms.

18) Contact

For any questions or concerns about these Terms, please contact us at [email protected].

We partner with a small group of qualified fitness creators each month.

If you’re ready to scale without burnout, apply now.

APPLY NOW

Disclaimer: This site is not affiliated with Instagram, TikTok, or Skool. Results are not guaranteed and vary by creator.