Terms of Service

These Terms of Service ("Terms") are a legal agreement between you and Upscale (KVK: 74008587), a company registered in the Netherlands, operating the Cashy platform. By creating an account or using any part of the service, you confirm that you have read and agree to these Terms.

If you do not agree, do not use the platform.

About Cashy

Cashy is an AI-powered Instagram DM appointment setting platform. It helps coaches, agencies, and online businesses qualify leads, handle objections, and book calls — automatically, 24/7, in the client's own voice and style.

The platform offers the following capabilities:

• AI-assisted responses in Instagram DM — personalized openers, nurturing sequences, and calls-to-action, reviewed and approved by the business owner.
• Lead qualification based on custom criteria you define (budget, niche, timeline).
• Objection handling using your scripts and playbooks.
• Automated meeting scheduling with booking links (Calendly / Cal.com) sent when a lead qualifies.
• Automated follow-ups with unresponsive leads.
• AI trained on your communication style and sales methodology for brand-consistent messaging.
• Smart escalation — the AI hands off conversations to a human team member when confidence is low.
• CRM dashboard with lead tracking, conversation statuses, and performance metrics.
• A/B testing of response variants to optimize conversion rates.
• Away Mode — AI continues conversations when your team is offline, with a full summary on return.
• Lead tagging and categorization (hot, nurture, follow-up, etc.).

We are constantly developing the platform and may add, change, or remove features at any time without prior notice.

Who Can Use Cashy

You must be at least 18 years old. You can use Cashy as an individual or on behalf of a business. If you are acting on behalf of a company or team, you confirm that you have the authority to bind that entity to these Terms.

Your Responsibilities

You are responsible for everything that happens under your account. This includes:

• Keeping your login credentials secure.
• Making sure your use of Cashy complies with all laws in your jurisdiction and with Meta's Platform Policies.
• Ensuring the scripts, playbooks, qualification criteria, and other content you provide for AI training are accurate, lawful, and appropriate.
• Obtaining any permissions or consents required to use AI-assisted messaging in your business.

We provide the tools — you own the outcomes. Cashy makes no guarantees about conversion rates, revenue, lead quality, or any other business results. Your results depend on your offer, your market, and how you use the platform.

What You Cannot Do

You agree not to:

• Send spam, bulk messages, or unsolicited communications that violate anti-spam laws.
• Distribute abusive, threatening, discriminatory, or illegal content through the platform.
• Use Cashy to make deceptive, misleading, or fraudulent representations.
• Misuse Meta APIs or any other integration for purposes outside their intended use.
• Impersonate any person or entity.
• Attempt to reverse engineer, copy, or create derivative works from Cashy's technology.
• Use the platform in a way that violates Meta's Community Standards or advertising policies.

We may suspend or terminate your account immediately and without notice if you violate any of these rules.

Billing and Payments

Cashy operates on a subscription basis, billed monthly or per agreed billing cycle via Stripe. Payment is due in advance. We reserve the right to change pricing with reasonable notice to existing subscribers.

All payments must be valid and authorized. We do not store credit card details — everything is processed through Stripe.

Refunds

You may request a refund within 7 days of your payment date. After this window closes, no refunds will be issued.

To qualify for a refund, you must:

1. Email your request to danielporyadin@outlook.com within the 7-day window.
2. Complete a short off-boarding call with our team to discuss your experience and concerns.

We reserve the right to decline refund requests if you have not participated in the off-boarding process or if your usage does not indicate a genuine product issue.

Approved refunds are processed within 7–21 business days, depending on your bank and location. All refunds are subject to deduction of payment processing fees charged by Stripe. The maximum refund amount cannot exceed what we actually received after Stripe's fees.

Cancellation

You can cancel your subscription at any time. After cancellation, you retain access until the end of your current billing period. We do not issue partial refunds for unused time.

Third-Party Integrations

Cashy connects to external services to deliver its functionality:

• Clerk — authentication
• OpenAI — AI text and voice processing
• ElevenLabs — AI voice responses
• Meta (Instagram) — DM access
• Slack — team alerts
• Tavily — company research
• Calendly — meeting booking
• Stripe — payments
• Cloudflare — security and CDN
• Railway — hosting
• Supabase — database

These services have their own terms and privacy policies. We are not responsible for outages, bugs, or data issues on their end. We do not guarantee that any specific integration will remain available indefinitely.

Your Content and Our IP

Your content stays yours. Anything you upload or create inside Cashy (scripts, playbooks, business profiles, etc.) belongs to you. By using the platform, you give us a non-exclusive, worldwide, royalty-free license to use, process, and store that content solely to deliver the service.

Our technology stays ours. All software, designs, algorithms, and branding associated with Cashy are the exclusive property of Upscale. You may not copy, modify, reverse engineer, or redistribute any part of the platform.

Privacy

We take data protection seriously. For full details on what we collect, how we use it, and your rights, see our Privacy Policy.

Uptime and Availability

We aim to keep Cashy running reliably, but we cannot guarantee 100% uptime. We are not liable for downtime caused by hosting providers, internet issues, third-party outages, maintenance, or events outside our control.

Account Suspension and Termination

We may suspend or terminate your account at any time if you:

• Violate these Terms or our Privacy Policy.
• Engage in fraud, abuse, or illegal activity.
• Fail to pay your subscription fees.
• Use the platform in a way that threatens its security or integrity.

When your account is terminated, access stops immediately. Any outstanding payment obligations remain. Data is handled according to our Privacy Policy.

Limitation of Liability

Cashy is provided "as is" without warranties of any kind — express, implied, or statutory. We do not warrant that the service will be uninterrupted, error-free, or suitable for any particular purpose.

To the maximum extent allowed by law, Upscale and its team are not liable for any indirect, incidental, special, consequential, or punitive damages — including lost profits, lost revenue, lost data, or missed business opportunities — arising from your use of the platform.

Our total liability for any claim related to these Terms will not exceed the amount you paid us in the 12 months before the claim arose.

Indemnification

You agree to indemnify and hold harmless Upscale, its directors, employees, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from your use of the platform, your violation of these Terms, or your infringement of any third-party rights.

Governing Law

These Terms are governed by the laws of the Netherlands. Any disputes will first be handled through good-faith negotiation. If that fails within 30 days, the matter may proceed to mediation and, if necessary, to the courts of Amsterdam.

Where required by Meta or other platform providers for compliance or verification purposes, we may recognize jurisdiction in the United States.

General Provisions

Severability. If any part of these Terms is found unenforceable, the rest remains in effect.

Entire agreement. These Terms and our Privacy Policy are the complete agreement between you and Cashy regarding the use of the platform.

Amendments. We may update these Terms at any time. If the changes are significant, we will notify you via email or through the platform. Continued use after notification means you accept the new Terms.

Contact

• Upscale
• Poortland 66, 1046 BD Amsterdam, Netherlands
• KVK: 74008587
• Email: danielporyadin@outlook.com
• Phone: +31 6 54 67 74 74
• Website: cashy.one