Terms of Use

Effective date: October 28, 2026

These Terms of Use (“Terms”) are an agreement between you and Audience Upside LLC (“Audience Upside,” “we,” “us,” or “our”). They govern your access to and use of the Audience Upside website, Creator Audit, Audience Upside app, and related products, features, content, communications, and services (collectively, the “Services”).

By accessing or using the Services, submitting a Creator Audit, or creating or activating an Audience Upside workspace, you agree to these Terms.

If you do not agree to these Terms, do not use the Services.

1. About Audience Upside

Audience Upside provides tools, analysis, educational information, and AI-assisted workflows designed to help creators and businesses better understand potential commercial opportunities within their audiences.

Services may include:

  • The free Creator Audit.
  • Audience Upside analysis and workspace features.
  • Commercial-signal and opportunity analysis.
  • Offer, content, and execution guidance.
  • AI-assisted drafts, outlines, plans, and other materials.
  • Educational content and resources.
  • Future paid products or services.

The Services are intended to support better-informed decision-making. They do not guarantee that any particular opportunity, product, offer, strategy, or business decision will be successful.

2. Eligibility

You must be at least 18 years old, or the age of legal majority where you live, to use the Services independently.

By using Audience Upside, you represent that you have the legal capacity to agree to these Terms.

If you use the Services on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

3. Creator Audit

The Creator Audit analyzes information you voluntarily provide about your audience, business, platforms, goals, offers, challenges, and related context.

The Creator Audit may identify:

  • Commercial strengths.
  • Monetization gaps.
  • Audience signals or patterns.
  • Opportunities that may appear worth validating.
  • Whether a new offer, an improved existing offer, or continued audience growth may be worth considering.

The Creator Audit is not a promise that an opportunity exists or that any recommendation will produce a particular result.

Not every audience should launch or monetize immediately. Continued audience growth, further validation, or improving an existing offer may be an appropriate outcome.

4. Audience Upside and AI-Assisted Outputs

Audience Upside may use artificial intelligence, automation, software, and third-party technology to analyze information and generate recommendations, drafts, plans, summaries, or other materials.

AI-assisted outputs may contain errors, omissions, outdated information, or inappropriate recommendations.

You are responsible for reviewing outputs before using, publishing, implementing, selling, or relying on them.

Audience Upside does not represent that AI-generated or AI-assisted content is:

  • Completely accurate.
  • Complete.
  • Unique.
  • Free from errors.
  • Appropriate for every jurisdiction or business.
  • Guaranteed to produce commercial results.

Your judgment, expertise, context, and approval remain important parts of the process.

5. No Guarantee of Results

Audience Upside does not guarantee:

  • Revenue.
  • Profit.
  • Sales.
  • Leads.
  • Conversion rates.
  • Audience growth.
  • Product-market fit.
  • Successful launches.
  • Customer demand.
  • Business valuation.
  • Investment returns.
  • Any other financial or commercial outcome.

Any examples, calculations, case studies, founder results, market statistics, or hypothetical scenarios are provided for educational or illustrative purposes only.

Past performance does not guarantee future results.

Your results depend on many factors outside Audience Upside’s control, including audience fit, offer quality, pricing, execution, market conditions, competition, timing, platform changes, and your own decisions.

6. Your Account and Workspace

Some Services may require an account, authentication link, or Audience Upside workspace.

You are responsible for:

  • Maintaining the confidentiality of your login credentials.
  • Using secure authentication practices.
  • Restricting unauthorized access to your account.
  • Providing accurate information.
  • Promptly notifying us if you suspect unauthorized access.

You may not share authentication credentials in a way that compromises the security of the Services.

We may suspend or restrict access when reasonably necessary to protect users, systems, data, or the integrity of the Services.

7. Acceptable Use

You agree not to misuse the Services.

You may not:

  • Use the Services for unlawful purposes.
  • Attempt to gain unauthorized access to systems, accounts, databases, or other users’ information.
  • Circumvent security, authentication, rate limits, or access controls.
  • Introduce malware, malicious code, scraping systems, or abusive automation.
  • Interfere with the operation or security of the Services.
  • Impersonate another person or business.
  • Submit information you do not have the right to use.
  • Use the Services to infringe intellectual property, privacy, publicity, or other rights.
  • Resell, reverse engineer, copy, or reproduce substantial portions of the Services except where permitted by law.
  • Use Audience Upside outputs to mislead, defraud, harass, or harm others.

We may suspend or terminate access for violations of these Terms.

8. Information You Provide

You retain ownership of information, content, materials, and intellectual property you submit to Audience Upside.

You grant Audience Upside a limited right to process, store, reproduce, analyze, and use that information as reasonably necessary to:

  • Provide the Services.
  • Generate your audit or workspace outputs.
  • Maintain and secure the Services.
  • Provide support.
  • Improve service quality and functionality.
  • Comply with legal obligations.

You represent that you have the necessary rights and permissions to submit the information you provide.

Do not submit confidential information belonging to third parties unless you are authorized to do so.

9. Audience Upside Intellectual Property

The Services, including their software, branding, designs, workflows, systems, copy, methodologies, graphics, templates, and other materials, are owned by Audience Upside or its licensors and are protected by applicable intellectual-property laws.

Except for rights expressly granted to you, no ownership interest is transferred.

You may use materials generated specifically for your own business through the Services, subject to these Terms and any separate terms associated with a paid product or service.

You may not copy, reproduce, distribute, sell, license, or create competing derivative products from Audience Upside’s proprietary software, systems, or protected materials without written permission.

10. Third-Party Services

Audience Upside relies on third-party technologies and service providers.

These may include hosting providers, databases, authentication providers, email providers, analytics services, artificial-intelligence providers, social platforms, payment providers, and other infrastructure.

Examples include Cloudflare, Vercel, Supabase, SendGrid, Klaviyo, Stripe, AI model providers, and other service providers.

Your use of third-party platforms may also be governed by their own terms and privacy policies.

Audience Upside is not responsible for interruptions, changes, restrictions, data loss, or other issues caused by third-party services outside our reasonable control.

11. Paid Services

Certain Audience Upside services may be offered for a fee.

When you purchase a paid service, the price, billing structure, included features, and any applicable payment or cancellation terms will be presented before purchase or in the applicable checkout or order terms.

You are responsible for reviewing those terms before completing a transaction.

Audience Upside may change future pricing or service offerings at any time, but changes will not retroactively alter a completed transaction unless otherwise agreed.

Refunds

The Upside Operator subscription starts with a 14-day free trial, and you can cancel at any time, so payments after the trial are non-refundable. There are no partial or pro-rata refunds for unused time, except where the Upside Operator Subscription Terms say otherwise (for example if we materially reduce the core reporting features during a paid month, or cancel your subscription for a reason other than your breach), where we charged you in error, or where the law requires a refund.

If you cancel after the trial, you keep access until the end of the month you have paid for and are not charged again.

Please contact us before disputing a charge with your bank; a chargeback on a non-refundable payment may lead to suspension of the account.

If you are a consumer in the EU or UK, you have a 14-day statutory right to cancel from the day you sign up. The free trial covers that period: cancel during it and you pay nothing.

For other paid services, refunds follow the terms presented at purchase. If those terms conflict with this section, they control for that purchase.

12. Educational Information — Not Professional Advice

Audience Upside provides business, marketing, creator, and commercial information for educational and informational purposes.

Nothing provided through the Services constitutes legal, tax, accounting, investment, financial, medical, or other regulated professional advice.

You should consult an appropriately qualified professional when professional advice is required.

You remain responsible for your own business, financial, legal, tax, marketing, and operational decisions.

13. Service Availability and Changes

We may add, remove, modify, suspend, or discontinue features or portions of the Services from time to time.

We do not guarantee uninterrupted, error-free, or permanent availability.

Maintenance, provider outages, software changes, security events, platform restrictions, or other circumstances may temporarily affect availability.

We may make reasonable changes necessary to maintain, improve, secure, or operate the Services.

14. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

Audience Upside makes no warranty that the Services will be uninterrupted, error-free, completely accurate, secure, or suitable for every purpose.

We disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, and other warranties to the extent permitted by law.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.

15. Limitation of Liability

To the fullest extent permitted by applicable law, Audience Upside and its owners, officers, contractors, service providers, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of or inability to use the Services.

This includes, where permitted by law, loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings.

To the extent liability cannot be excluded, Audience Upside’s aggregate liability relating to the Services will not exceed the greater of:

The amount you paid Audience Upside for the specific service giving rise to the claim during the preceding twelve months; or

$100 USD.

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.

16. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Audience Upside and its owners, officers, affiliates, contractors, and service providers from claims, losses, liabilities, damages, and reasonable costs arising from:

  • Your misuse of the Services.
  • Your violation of these Terms.
  • Information or content you submit.
  • Your violation of another person’s rights.
  • Products, offers, claims, or business activities you create or operate using information obtained through the Services.

This obligation does not apply to the extent a claim results from Audience Upside’s own unlawful conduct.

17. Suspension and Termination

You may stop using the Services at any time.

We may suspend, restrict, or terminate access when reasonably necessary because of:

  • Violation of these Terms.
  • Fraud or suspected abuse.
  • Security risks.
  • Unlawful activity.
  • Threats to other users or systems.
  • Failure to pay amounts legitimately due.
  • Discontinuation of a Service.

Sections that by their nature should survive termination will remain effective, including intellectual-property, warranty, liability, and dispute-related provisions.

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-law rules, subject to any mandatory consumer protections or legal rights that apply based on your location.

Nothing in these Terms is intended to waive rights that cannot legally be waived.

If a dispute arises, both parties are encouraged to attempt to resolve the issue informally before pursuing formal proceedings.

Dispute Resolution and Arbitration

Talk to us first. Email [email protected] describing the problem; we will try to resolve it within thirty (30) days.

Arbitration. Any dispute that we cannot resolve will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules or, if you are an individual using the Services for personal rather than business purposes, its Consumer Arbitration Rules, before one arbitrator, seated in Dallas, Texas, with hearings by video unless the arbitrator orders otherwise. The Federal Arbitration Act governs this clause. Judgment on the award may be entered in any court with jurisdiction.

Small claims. Either of us may instead bring an individual claim in a small-claims court with jurisdiction (in Texas, a justice court, currently for claims up to USD 20,000).

No class actions. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, consolidated or representative proceeding.

Consumer opt-out. If you are a consumer, you may opt out of the Arbitration and No class actions paragraphs above by emailing [email protected] within thirty (30) days after you first sign up, stating your name, account email and that you opt out of arbitration. Opting out does not affect the rest of these Terms.

Injunctions and local law. Either of us may seek an injunction in a court with jurisdiction to protect intellectual property or confidential information. Nothing in this section deprives you of the protection of mandatory consumer laws of your country of residence.

Separate written agreements, such as a partnership agreement, have their own dispute-resolution terms, which control for that agreement.

19. Changes to These Terms

We may update these Terms to reflect changes in our Services, technology, business practices, or legal requirements.

When we update them, we will update the effective date at the top of this page.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the updated Terms where permitted by law.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

The invalid provision will be interpreted or modified to the minimum extent necessary to make it enforceable where permitted by law.

21. Entire Agreement

These Terms, together with our Privacy Policy, Disclaimer, and any additional terms presented for a particular product, purchase, or service, constitute the agreement governing your use of the Services.

If product-specific terms conflict with these general Terms, the product-specific terms will control for that particular product or transaction.

22. Contact Us

Questions about these Terms may be sent to:

Audience Upside LLC
1301 Justin Road, STE 201 Box 5123
Lewisville, TX 75077
United States

Email: [email protected]
Website: audienceupside.com