Terms of Use

Effective Date: November 15, 2023

1. Acceptance of Terms

By accessing and using the UpBest website ("Service"), you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services.

2. Description of Service

UpBest provides users with access to online courses, coaching sessions, and educational materials related to public speaking and communication skills ("Educational Content"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms of Use.

3. Your Registration Obligations

In consideration of your use of the Service, you agree to:

  • Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form
  • Maintain and promptly update your Registration Data to keep it true, accurate, current and complete
  • Not share your account credentials or allow others to access your account
  • Participate in training sessions with camera enabled when required for coaching purposes

4. User Conduct

You understand that all information, data, text, recordings, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You agree to not use the Service to:

  • Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
  • Record or distribute coaching sessions without express written permission
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Violate any applicable local, provincial, national or international law

5. Intellectual Property Rights

You acknowledge and agree that the Service and all educational materials, including speech templates, course videos, presentation frameworks, and coaching methodologies ("Content") contain proprietary information protected by applicable intellectual property laws. You further acknowledge and agree that all course materials are provided for your individual use only.

Except as expressly authorized by UpBest, you agree not to modify, distribute, reproduce, sell, or create derivative works based on the Service or the Content, in whole or in part.

6. Payment and Refunds

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms as we may update them from time to time.

UpBest offers a 30-day money-back guarantee for all course purchases. Refund requests must be submitted in writing to [email protected] and demonstrate completion of at least 50% of course materials and participation in coaching sessions.

7. Modifications to Service

UpBest reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that UpBest shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. Termination

You agree that UpBest, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including for lack of use or if UpBest believes that you have violated these Terms of Use.

UpBest may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

9. Disclaimer of Warranties

You expressly understand and agree that:

  • Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. UpBest expressly disclaims all warranties of any kind, whether express or implied.
  • UpBest makes no guarantee regarding specific outcomes from course participation, as results depend on individual effort and application of techniques.
  • Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk.
  • No advice or information, whether oral or written, obtained by you from UpBest shall create any warranty not expressly stated in the terms.

10. Limitation of Liability

You expressly understand and agree that UpBest shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) any other matter relating to the service.

11. Governing Law

These Terms of Use and your use of the Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

You and UpBest agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario to resolve any legal matter arising from these Terms of Use.

12. Changes to Terms

UpBest reserves the right to modify or replace these Terms of Use at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms.

13. Contact Information

If you have any questions about these Terms of Use, please contact us at: