These Terms of Use ("Terms") govern your access to and use of Upmaking, including upmaking.ai and related services (collectively, the "Service").
The Service is operated by Rogers Collective LLC ("Rogers Collective," "Upmaking," "we," "us," or "our").
By accessing or using Upmaking, creating an account, or purchasing Upmaking Plus, you agree to these Terms. If you do not agree to these Terms, do not use the Service.
1. Eligibility
You must be at least 13 years old to use Upmaking.
If you are under the age at which you may legally enter into a binding agreement where you live, your parent or legal guardian must review and agree to these Terms on your behalf.
Purchases and paid subscriptions must be made by an individual legally permitted to enter into the applicable purchase agreement or by a parent or legal guardian on behalf of a minor.
2. What Upmaking Provides
Upmaking is a creative project-planning service that uses artificial intelligence and other technology to help users develop craft, DIY, repair, troubleshooting, and related project ideas.
The Service may provide materials lists, project steps, tips, estimates, assumptions, Project Visuals, refinements, and other generated information.
Upmaking is intended to assist with project planning and inspiration. It is not a substitute for professional judgment, proper training, manufacturer instructions, building codes, safety requirements, permits, or qualified professional services.
3. AI-Generated Content
Much of the content produced through Upmaking is generated with artificial intelligence. Artificial intelligence can make mistakes.
Generated content may be inaccurate, incomplete, inconsistent, unsuitable for your particular circumstances, or different from information provided by a qualified professional.
You are responsible for reviewing generated information before acting on it.
You should independently verify measurements, quantities, materials, compatibility, structural requirements, tool requirements, product instructions, and safety information when those details could affect the success or safety of a project.
Upmaking does not guarantee that generated content will be accurate, complete, unique, error-free, appropriate, or suitable for any particular purpose.
4. Project Safety and Assumption of Risk
Crafting, DIY work, repairs, construction, woodworking, sewing, gardening, and similar activities can involve inherent risks.
These risks may include sharp tools, power tools, electricity, heat, fire, chemicals, adhesives, machinery, heavy objects, structural hazards, allergens, toxic materials, and other conditions that can result in property damage or personal injury.
You are responsible for:
- determining whether you have the skills and equipment necessary to safely complete a project;
- following manufacturer instructions and safety warnings;
- using appropriate personal protective equipment;
- complying with laws, codes, permits, and regulations;
- obtaining professional assistance when appropriate; and
- stopping work when you are uncertain whether a project can be completed safely.
Upmaking may decline to provide certain instructions or may recommend professional assistance when a project presents elevated safety risks.
Do not rely on Upmaking as a substitute for a licensed electrician, plumber, contractor, engineer, architect, medical professional, or other licensed or qualified professional.
You voluntarily assume the risks associated with projects you choose to undertake.
5. Project Visuals
Project Visuals are generated illustrations intended to provide inspiration for what a completed project could look like.
Project Visuals are not technical drawings, construction plans, guarantees, exact renderings, or representations that your finished project will look identical to the image.
Actual results will vary based on materials, measurements, craftsmanship, tools, environment, interpretation, and other factors.
6. Your Account
Some Upmaking features require an account. You are responsible for:
- providing accurate account information;
- maintaining the confidentiality of your account credentials;
- activities conducted through your account; and
- notifying us if you reasonably believe your account has been compromised.
You may not impersonate another person, create accounts through deceptive means, or use another person's account without authorization.
7. Your Content
You retain any rights you have in photographs, project descriptions, text, and other content you submit to Upmaking ("User Content").
You represent that you have the rights necessary to submit your User Content and permit us to process it.
By submitting User Content, you grant Rogers Collective LLC a nonexclusive, worldwide, royalty-free license to host, reproduce, transmit, process, and modify that content as reasonably necessary to operate, maintain, secure, and provide the Service and its requested features.
You may not upload content that:
- infringes another person's intellectual property, privacy, or other rights;
- is unlawful;
- contains malicious software or code;
- is submitted for fraudulent or abusive purposes; or
- you do not have permission to use.
8. Generated Content
Subject to these Terms and applicable law, you may use project plans, Project Visuals, and other content generated for you through Upmaking for lawful personal or commercial purposes.
To the extent Rogers Collective LLC owns intellectual property rights in AI-generated output created specifically in response to your request, Rogers Collective LLC grants you the right to use that output.
Because artificial intelligence may generate similar or identical content for different users, generated content may not be unique.
We do not guarantee that generated content is eligible for copyright, trademark, patent, or other intellectual-property protection, or that it will not resemble third-party content.
You are responsible for evaluating intellectual-property considerations before using generated content commercially.
9. Acceptable Use
You may not use Upmaking:
- for unlawful, fraudulent, or deceptive activity;
- to interfere with or disrupt the Service;
- to attempt unauthorized access to accounts, systems, databases, or infrastructure;
- to reverse engineer, scrape, exploit, or systematically extract the Service except where legally permitted;
- to bypass usage limits or access controls;
- to abuse, overload, or materially impair the Service;
- to introduce malware or malicious code; or
- in a manner that violates another person's rights.
We may restrict or suspend access when reasonably necessary to protect the Service, users, or Rogers Collective LLC.
10. Upmaking Free
Upmaking may make certain features available without charge. Free features, generation limits, saving limits, functionality, and availability may change over time.
We may modify or discontinue free features at our discretion.
11. Upmaking Plus
Upmaking Plus is an optional paid subscription that provides access to additional features.
At launch, Upmaking Plus is offered for $8.99 per month, plus any applicable taxes.
Upmaking Plus automatically renews each month unless canceled.
Additional details regarding billing and cancellation are contained in our Billing, Cancellation & Refund Policy, which is incorporated into these Terms.
Paid features may be subject to reasonable technical, safety, security, and fair-use limitations.
Unless expressly stated otherwise, descriptions of Upmaking Plus should not be interpreted as guaranteeing uninterrupted or literally unlimited use of computationally intensive features.
12. Cancellation
You may cancel Upmaking Plus through My Account → Manage Subscription.
Cancellation stops future subscription renewals.
Unless otherwise required by law, you will continue to have access to Upmaking Plus through the end of the billing period you already paid for.
Deleting your Upmaking account does not necessarily substitute for canceling an active subscription. You should cancel the subscription through the provided billing-management process before deleting your account.
13. Refunds
Subscription payments are generally non-refundable except where required by applicable law.
We do not ordinarily provide prorated refunds or credits for partially used subscription periods.
Rogers Collective LLC may issue refunds or credits in individual circumstances at its discretion. Providing a discretionary refund in one situation does not create an obligation to provide refunds in other situations.
14. Changes to Pricing or Paid Features
We may change subscription pricing or paid features in the future.
Any price change applicable to an existing subscription will be communicated as required by applicable law and will not be applied retroactively to an already-paid billing period.
Where legally required, you will receive notice and information about how to cancel before a pricing or material subscription change takes effect.
15. Service Availability
We work to keep Upmaking available and functioning, but we do not guarantee uninterrupted access.
The Service may occasionally be unavailable because of maintenance, technical issues, third-party outages, security incidents, changes to providers, or circumstances beyond our reasonable control.
We may modify, suspend, or discontinue features when reasonably necessary.
16. Third-Party Services
Upmaking relies on third-party services, including artificial intelligence, cloud infrastructure, authentication, storage, and payment providers.
We are not responsible for third-party services outside our reasonable control.
17. Intellectual Property
Except for User Content and rights granted to you regarding generated content, Upmaking and its underlying software, design, branding, trademarks, logos, text, interfaces, features, and other proprietary materials are owned by or licensed to Rogers Collective LLC.
These Terms do not grant you ownership of the Upmaking platform, brand, software, or other proprietary materials.
18. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
ROGERS COLLECTIVE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.
WE DO NOT WARRANT THAT THE SERVICE OR GENERATED CONTENT WILL BE ACCURATE, COMPLETE, SAFE FOR EVERY CIRCUMSTANCE, ERROR-FREE, UNINTERRUPTED, OR SUITABLE FOR YOUR PARTICULAR PROJECT.
Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ROGERS COLLECTIVE LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE.
THIS INCLUDES, TO THE EXTENT PERMITTED BY LAW, LOSS OR DAMAGE ARISING FROM PROJECT ERRORS, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF DATA, LOST PROFITS, SERVICE INTERRUPTION, OR RELIANCE ON GENERATED CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ROGERS COLLECTIVE LLC ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO ROGERS COLLECTIVE LLC FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR $100.
Some jurisdictions do not permit certain limitations of liability, so portions of this section may not apply to you.
20. Indemnification
To the extent permitted by law, you agree to indemnify and hold harmless Rogers Collective LLC and its owners, officers, employees, contractors, and agents from third-party claims, liabilities, damages, and reasonable expenses arising from:
- your unlawful use of the Service;
- User Content you submit;
- your violation of these Terms; or
- your violation of another person's rights.
21. Suspension and Termination
We may suspend or terminate access to the Service if we reasonably determine that you:
- materially violated these Terms;
- engaged in fraud or abuse;
- threatened the security or operation of the Service;
- attempted to circumvent access or usage restrictions; or
- created legal or security risk for Rogers Collective LLC or others.
You may stop using Upmaking at any time.
22. Governing Law
These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.
Nothing in these Terms limits any non-waivable rights you may have under applicable law.
23. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
24. No Waiver
Our failure to enforce a provision of these Terms does not waive our right to enforce it later.
25. Changes to These Terms
We may update these Terms from time to time.
If a change materially affects your rights or an existing paid subscription, we will provide notice when required by applicable law.
Continued use of the Service after updated Terms become effective constitutes acceptance to the extent permitted by law.
26. Contact
Questions about these Terms may be sent to:
Rogers Collective LLC
Upmaking
hello@upmaking.ai