Terms of Service

These Terms & Conditions (“Terms”) govern your use of the Upsify website (https://upsify.app) and the Upsify Shopify App (the “App”), operated by KB Online Stores LLC (“we”, “our”, “us”).

By accessing or using our Services, you agree to these Terms and our Privacy Policy. This Upsify Terms of Service (“Agreement”) is entered into by and between:

KB Online Stores LLC, a Wyoming limited liability company doing business as Upsify (“Upsify”),

30 N. Gould Street, Suite 6455, Sheridan, WY 82801

and

The Merchant (“you” or “Company”), a user of the Upsify App.

Upsify partners with Online Shipping Insurance Services, Inc. DBA InsureShip (“InsureShip”) to provide shipping insurance coverage and related claim services. By using Upsify’s website, applications, or services, you agree to be bound by these Terms of Service.

1. Definitions

Upsify: KB Online Stores LLC, providing upsell and shipping protection services through the Shopify App Store.
InsureShip: Online Shipping Insurance Services, Inc., the insurance provider that underwrites and enforces shipping protection claims.
Merchant / Company: The Shopify store owner installing and using Upsify.
Service: Upsify’s software, website, and features related to upselling and shipping protection.
End Customer: The customer purchasing goods from the Merchant’s Shopify store.

2. Acceptance of Terms

By installing, accessing, or using the Upsify App, you acknowledge that you have read, understood, and agreed to these Terms of Service.

If you do not agree, do not use Upsify or its related services.

Upsify may modify these Terms at any time by posting an updated version on its website.

3. Use of Service

Upsify grants you a limited, non-exclusive, non-transferable, and revocable license to use the Upsify App for legitimate business purposes related to your Shopify store.

You agree:

Not to misuse, reproduce, reverse-engineer, or exploit any part of the Service
To maintain accurate account and billing information within Shopify

Restrictions on Use

Except as authorized herein or with prior written approval, you are prohibited from:

Copying, modifying, displaying, distributing, transmitting, transferring, publishing, selling, marketing, renting, leasing, licensing, or sublicensing the Services
Creating derivative works
Systematically retrieving data to create databases or directories
Reverse engineering, decompiling, or attempting to derive source code or trade secrets
Using the Services to develop a competing product

Any attempt to do so violates Upsify’s rights and may result in legal action.

4. Insurance Services and Collaboration with InsureShip

Upsify partners with InsureShip to provide shipping protection for orders fulfilled through the Merchant’s store.

Upsify facilitates the sale and management of shipping protection.
InsureShip underwrites, enforces, and manages claims.

Coverage includes protection against loss, theft, or damage in transit up to $7,500 per package.

All claims are submitted through Upsify’s platform but processed and resolved by InsureShip in accordance with applicable insurance regulations.

Full coverage terms are detailed in the Upsify Shipping Protection Policy at:

https://upsify.app/shipping-insurance-policy

Summary of Key Coverage Terms

Protection covers parcels and contents against damage or loss from external causes while in transit.
Shipping limit: $7,500 per package.
Claims must be filed within 90 days from shipment.
Claims require proof of value and recipient documentation.
Exclusions include precious metals, fine art, perishables, and restricted items.

5. Fees and Payments

Fees may include subscriptions and/or transaction-based charges.

Merchants agree to pay Upsify:

1.5% of the cart total for orders where shipping protection is applied
Maximum coverage: $7,500 per package

This is the wholesale rate charged to the Merchant. Merchants may set their own retail premium rate.

All fees are billed via Shopify Payments or Stripe and are non-refundable unless required by law.

6. Merchant Responsibilities

Merchants must:

Maintain accurate store and contact information
Obtain required customer consent and provide a compliant privacy policy
Disclose use of Upsify and InsureShip
Use the App only as intended
Comply with applicable laws (data protection, e-commerce, etc.)
Handle non-insurance customer service, refunds, and disputes

7. Prohibited Uses

You agree not to use Upsify or its Services for:

Unlawful, fraudulent, deceptive, or abusive activity
Infringing intellectual property or privacy rights
Interfering with functionality or security
Unauthorized marketing or spam
Resale, sublicense, or unauthorized distribution

8. Intellectual Property

Upsify retains all rights, title, and interest in the Services, software, and related content (excluding licensed components).

You may not:

Reverse engineer or decompile
Copy, distribute, or modify
Create derivative works
Violate intellectual property rights

No express or implied license is granted beyond what is stated in these Terms.

All design, functionality, pricing, and operational details constitute Upsify’s Confidential Information.

9. Limitation of Liability

Under no circumstances shall Upsify, InsureShip, or affiliates be liable for indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, or data.

This includes damages arising from:

Use or inability to use the Service
Unauthorized access or alterations
Third-party conduct
Any other matter relating to the Service

Upsify’s total liability shall not exceed:

The total fees paid in the six (6) months preceding the claim; or
The greater of:
- The amount paid in the one-month period before the event; or
- The statutory remedy applicable

This cap does not apply to fraud or fraudulent misrepresentation.

10. Indemnification

You agree to indemnify and hold harmless Upsify, InsureShip, and affiliates from claims, damages, or expenses arising from:

Your use of the App
Breach of this Agreement
Disputes with End Customers or carriers

11. Termination

Either party may terminate this Agreement at any time.

Upsify may suspend or terminate immediately for:

Non-payment
Policy violations
Suspected misuse

Upon termination:

All unpaid fees become due
Active insurance coverage remains subject to InsureShip’s enforcement policies

12. Disclaimers and Warranties

The Service is provided “AS IS” and “AS AVAILABLE.”

Upsify and InsureShip disclaim all warranties, including:

Merchantability
Fitness for a particular purpose
Title
Non-infringement

No guarantee is made that the Service will be uninterrupted, secure, or error-free.

You use the Service at your own risk.

13. Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Wyoming, USA.

The courts located in Sheridan County, Wyoming, have exclusive jurisdiction over disputes.

14. Changes to These Terms

We may update these Terms from time to time.

Changes will be posted with an updated “Last Updated” date.

Continued use of the Services constitutes acceptance of revised Terms.

15. International Users

Services may be accessed globally but are controlled and operated from the United States.

Upsify makes no representation that Services are appropriate or available in all locations.

Users accessing Services from other countries are responsible for compliance with local laws.

16. Contact Information

KB Online Stores LLC (Upsify)

30 N. Gould Street, Suite 6455

Sheridan, WY 82801

Email: info@upsify.app