Terms of Service

These Terms of Service ("Terms") govern your access to and use of Upgrade Pro's website and services (the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Acceptance

By creating an account or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. What Upgrade Pro is

Upgrade Pro provides probabilistic estimates of the likelihood that a flight upgrade will clear, based on data and statistical modeling. These estimates are provided for informational purposes only. They are predictions, not promises, and they do not influence, control, or guarantee any airline's upgrade decisions.

3. No airline affiliation

Upgrade Pro is an independent service. We are not affiliated with, endorsed by, sponsored by, or authorized by United, Delta, American, Alaska, or any other airline. All airline names, logos, and trademarks are the property of their respective owners and are used only for identification and descriptive purposes.

4. No guarantee of upgrades or accuracy

We do not guarantee that you will receive any upgrade, nor that any prediction, score, or data point is accurate, complete, current, or error-free. Airline inventory, waitlists, and policies change constantly and outside our control. Always rely on official information from the operating airline for booking and travel decisions. You use the Service's information at your own risk.

Our information comes from a mix of live captures and statistical modeling. When a live connection to an airline or third-party data source is unavailable, blocked, rate-limited, delayed, or lost, the Service falls back to modeled (estimated) results, which we label as estimates in the app. Modeled results are statistical approximations and may differ materially from an airline's actual, real-time inventory. Live coverage varies by airline and over time, and we do not guarantee that any particular result reflects live data.

5. Eligibility and accounts

You must be at least 18 years old (or the age of majority where you live) to use the Service. You agree to provide accurate information, to keep your account credentials secure, and to be responsible for all activity under your account. Notify us promptly of any unauthorized use.

6. Acceptable use

You agree not to:

• scrape, crawl, harvest, or use automated means to access the Service except as we expressly permit;
• copy, resell, redistribute, or commercially exploit the Service or its data;
• reverse engineer, decompile, or attempt to derive our models or source code;
• interfere with, overload, or attempt to gain unauthorized access to the Service; or
• use the Service in violation of any law or any third party's rights, including airline terms of use.

7. Subscriptions and billing

Some features require a paid subscription. Paid plans are billed through our payment processor (Stripe) at the prices and intervals shown at checkout. Recurring subscriptions renew automatically until cancelled; you may cancel at any time, and cancellation takes effect at the end of the current billing period. Except where required by law, payments are non-refundable. We may change prices or plan features prospectively, with notice where required.

Usage limits. Use of the Service is subject to rate limits, including a cap on the number of searches you may run per calendar month. Limits vary by plan — free accounts receive a limited number of searches, and paid plans include a larger monthly allowance. Your current limit and usage are shown in the app; monthly search allowances reset at the start of each calendar month. We may adjust these limits, and we may throttle, suspend, or limit access to protect the Service or prevent abuse.

8. Intellectual property

The Service, including its software, models, design, text, and other content (excluding third-party marks and data), is owned by Upgrade Pro and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms.

9. Third-party services and links

The Service relies on and may link to third-party services (such as Google, Stripe, Resend, FlightAware, and airline websites). We are not responsible for the content, policies, or practices of those third parties, and your use of them is governed by their own terms.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY PREDICTION WILL BE ACCURATE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPGRADE PRO AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR UPGRADES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $50.

12. Indemnification

You agree to indemnify and hold harmless Upgrade Pro from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Service or your violation of these Terms.

13. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Provisions that by their nature should survive termination (such as disclaimers, limitations of liability, and intellectual property terms) will survive.

14. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in California will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to their jurisdiction and venue.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we'll revise the "Last updated" date above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Contact us

Questions about these Terms? Email we.are.upgradepro@gmail.com.