Effective Date: June 1, 2025

These Terms of Service (“Terms”) govern your access to and use of the services and website (the “Website”) provided by Up At Dawn, LLC (“we,” “us,” or “our”). By accessing or using the Website (www.upatdawn.biz), SMS program, or any interactions with our platform, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.

Acceptance of Terms

By using our Website and services, you accept and agree to be bound by these Terms and any other applicable policies or guidelines referenced herein, including our Privacy Policy. If you do not agree to these Terms, you may not use our Website or services.

User Eligibility

To use our Website or services, you must be at least 18 years old or have the legal capacity to enter into a binding contract. If you are under 18, you may not use our services without the consent of a parent or guardian. Use by children under 13 is prohibited.

Services Provided

We provide digital marketing services and related tools. By accessing our Website, you agree to use these services in accordance with the Terms and applicable guidelines. Any of our programs which utilize SMS may deliver:

  • Confirmations and reminders.
  • Updates about services or opportunities.
  • Occasional promotional offers, only with your consent.

Account Registration

In some cases, you may be required to create an account to access certain features of the Website or services, such as review requests, profile management, and AI systems. You agree to provide accurate, current, and complete information when creating your account and to update this information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.

User Obligations and Restrictions

When using the Website and services, you agree to:

  • Use the Website and services for lawful purposes only.
  • Not engage in activities that may harm, disrupt, or interfere with the Website, our services, or other users (e.g., phishing, smishing).
  • Not violate any applicable laws, regulations, or third-party rights.
  • Not use any automated means to access the Website or services without prior permission (e.g., bots, scrapers).
    Violations may result in suspension and reporting to authorities.

Payment and Billing

If you make a purchase or subscribe to paid services, you agree to provide accurate and complete billing information. All payments will be processed securely via our chosen payment processors, which may include Stripe, PayPal, and/or other trusted providers, according to the pricing and payment terms displayed on the Website. You authorize us to charge your selected payment method for the services you choose. Standard message and data rates may also apply per your carrier plan for SMS usage, and we are not responsible for carrier fees.

Intellectual Property Rights, Content Ownership & User-Generated Content

The content on the Website, including text, images, logos, videos, and other materials, is the property of Up At Dawn, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or use any of this content without our prior written consent. If you submit content to the Website or services (e.g., comments, reviews, or other materials), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content in connection with our operations. You are solely responsible for ensuring your content is lawful, non-infringing, and appropriate. We reserve the right to remove or edit user content at our discretion without notice.

The use of our trademarks, content and intellectual property is forbidden without our express written consent.

You must not:

  • Republish material from our website without prior written consent.
  • Sell or rent material from our website.
  • Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
  • Redistribute any content from our website, including onto another website.

Third-Party Links

Our Website may contain links to third-party websites or services. These third-party sites are not owned or controlled by us, and we are not responsible for the content, privacy practices, or activities of these third parties. We encourage you to review the terms and policies of any third-party websites you visit.

Privacy Policy

Your use of our Website and services is governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

Termination

We may suspend or terminate your access to the Website and services at any time, without notice, if we believe you have violated these Terms or engaged in activities that could harm the Website, services, or other users. Upon termination, you must stop using the Website and services immediately.

Limitation of Liability

To the fullest extent permitted by law, Up At Dawn, LLC will not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use or inability to use the Website or services, even if we have been advised of the possibility of such damages. Our liability for any claim arising from these Terms is limited to $100 or the amount you paid us in the last 12 months, whichever is less.

Indemnification

You agree to indemnify, defend, and hold harmless Up At Dawn, LLC, its employees, affiliates, and partners from any claims, damages, liabilities, and expenses arising from your use of the Website or services or your violation of these Terms.

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Wisconsin, USA. Any legal actions or proceedings arising under these Terms shall be brought exclusively in the courts of Wisconsin. Any disputes arising from these Terms or your use of the Website or services will be resolved through good-faith negotiation first. If unresolved after 30 days, disputes shall be submitted to binding arbitration under the rules of a recognized arbitration body, unless applicable law requires otherwise. Arbitration will occur in a mutually agreed location or our primary operating region. You waive the right to participate in class actions unless prohibited by law.

AI and Automated Workflows

We may employ artificial intelligence, machine learning, or automated workflows to support or enhance the Website and services, such as improving functionality, personalizing experiences, or processing data efficiently. These technologies are used to assist in delivering our offerings and do not independently make decisions that produce legal or significant effects on you without human oversight. If such technologies are applied in ways that materially impact you, we will provide notice and, where required by law, an opportunity to request human review or opt out of such processes. You acknowledge that these tools may rely on data you provide, and we are not liable for errors or outcomes resulting from incomplete or inaccurate input.

Acceptable Use

You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.

Restricted Access

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

Changes to Terms

Up at Dawn, LLC may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

Additional SMS Program Details

  • Opt-In Process: To receive SMS messages via any of our systems, you must provide prior express written consent via our website (e.g., checking an opt-in box). Consent is not a condition of using our core services.
  • Opt-Out Instructions: Text “STOP” to any message to opt out immediately. You’ll receive a confirmation and no further messages unless you rejoin. For emails, click “unsubscribe” in any marketing email.
  • Rejoining Instructions: Text “START” to rejoin the SMS program after opting out. You’ll resume receiving messages per your original consent.
  • Message Frequency and Costs: Frequency varies depending on service needs or opportunities. Standard message and data rates may apply per your carrier plan.

Limitation of Liability

THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Up at Dawn, LLC OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF Up at Dawn, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Contact Us

If you have any questions or concerns about these Terms of Service, please contact us:

Up at Dawn, LLC
2824 N. Burton Ct.
Waukesha, WI 53188
support (at) upatdawn.biz