UpscaleAI Inc. Privacy Policy

Effective Date: 05/29/2025

Last Updated: 05/29/2025

PLEASE READ THIS PRIVACY POLICY CAREFULLY.

1. Introduction and Scope

This Privacy Policy describes how UpscaleAI Inc. ("Company," "we," "us," or "our") collects, uses, processes, and discloses your information, including Personal Information (as defined below), in connection with your access to and use of our website(s), mobile applications, APIs, and any other online products and services offered by us (collectively, the "Service").

This Privacy Policy is incorporated into and is subject to our Terms of Service, which can be found at: https://upscaleai.app/terms. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the terms of this Privacy Policy and our Terms of Service. If you do not agree, please do not access or use the Service.

"Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as otherwise defined by applicable law.

2. Information We Collect

We collect a wide range of information from and about you, through various means, to provide and improve our Service and for other purposes described in this Policy. This information includes, but is not limited to:

a. Information You Directly and Voluntarily Provide:

• Account and Profile Information: When you create an account, use interactive features, or otherwise communicate with us, we collect information you provide, such as your name, email address, password, phone number, and any other identifiers or profile details you choose to provide.
• User Content: We collect any and all data you submit, upload, post, create, or generate through the Service, including images, prompts, text, metadata embedded in or associated with such content, and any other materials (collectively, "User Content"). This is essential for the functionality of the Service and for our operational and development purposes as described herein.
• Payment and Transaction Information: If you engage in transactions via the Service, we and/or our third-party payment processors collect information related to such transactions, which may include payment card details, billing address, transaction history, and other financial information.
• Communications and Feedback: We collect information when you communicate with us, such as through customer support, surveys, feedback forms, or any other inquiries. This includes the content of your communications and any data you provide.
• Other Information: Any other information you voluntarily choose to provide to us in connection with your use of the Service.

b. Information We Collect Automatically or Passively:

• Log Files and Usage Data: We automatically record information about your use of and interaction with the Service. This may include your Internet Protocol (IP) address, device type and identifiers (e.g., MAC address, IMEI, advertising IDs), operating system, browser type and settings, language preferences, access times, referring and exit pages, URLs, clickstream data, interactions with features (including AI model interactions, processing times, feature usage frequency), error logs, and other technical information about your device and software.
• Cookies, Pixels, and Similar Technologies: We and our third-party partners use cookies (small text files placed on your device), web beacons (also known as pixel tags or clear GIFs), and other similar tracking technologies to collect information about your Browse activities, preferences, and interaction with our Service and online advertisements. This information helps us operate the Service, analyze performance, personalize your experience, and for security purposes. You may be able to control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our Service.
• Location Information: We may collect or infer your general location information (e.g., based on your IP address). With your consent (where required by law), we may also collect more precise location information from your device.
• Derived Information: We may derive new information or draw inferences from the information we collect (e.g., inferring interests or demographic categories).

c. Information from Third-Party Sources:

We may, from time to time, receive information about you from third-party sources, such as public databases, joint marketing partners, social media platforms (if you interact with us through such platforms), and other third parties. We may combine this information with other information we collect about you.

3. How We Use Your Information

We use the information we collect, including Personal Information and User Content, for a broad range of purposes, including but not limited to:

a. Providing, Operating, and Maintaining the Service:

• To allow you to register, access, and use the Service.
• To process User Content to generate AI Outputs and deliver the core functionalities of the Service.
• To manage your account, process payments, and fulfill your requests.
• To provide technical support and respond to your inquiries.

b. Improving, Developing, and Personalizing the Service:

• To understand, analyze, and research usage patterns, user behavior, and preferences to improve existing products, services, features, and develop new ones.
• Crucially, to train, develop, enhance, and validate our artificial intelligence models, algorithms, and related technologies, both current and future. This may involve using your User Content and AI Outputs in various forms (including raw, pseudonymized, aggregated, or anonymized data) as further described in our Terms of Service and subject to any licenses you grant us therein.
• To personalize your experience, suggest features, or customize content within the Service.
• To conduct testing, research, and analysis for product development.

c. Communicating with You:

• To send you administrative messages, service announcements, technical notices, updates, and security alerts.
• To send you marketing communications, promotional offers, surveys, and other information about our Service or those of our partners, in accordance with your preferences and applicable law (you may opt-out of marketing communications as described below).

d. Security, Compliance, Fraud Prevention, and Safety:

• To detect, investigate, and prevent fraudulent transactions, unauthorized access, security incidents, and other illegal or harmful activities.
• To protect the rights, property, and safety of UpscaleAI Inc., our users, our employees, and the public.
• To comply with applicable laws, regulations, legal processes (such as subpoenas or court orders), and governmental requests.
• To enforce our Terms of Service and other policies.

e. Aggregated and Anonymized Data:

To create and use aggregated, de-identified, or anonymized data for any lawful purpose, including research, analytics, reporting, and to improve and promote our Service. Such data is not Personal Information.

f. Other Purposes:

For any other purpose disclosed to you at the time we collect your information, or with your consent, or as otherwise permitted or required by applicable law.

4. How We Share Your Information

We may share your information, including Personal Information and User Content, in the following circumstances and with the following categories of third parties, for the purposes described in this Policy or as otherwise disclosed to you:

a. Service Providers and Business Partners:

We share information with third-party vendors, consultants, agents, contractors, and other service providers who perform services on our behalf or help us operate our business and the Service. This may include providers of hosting and cloud computing services (for processing User Content and operating the Service), payment processing, data analytics, customer support, marketing and advertising, security, and IT services. These service providers are contractually bound to use the information only to perform services for us and are subject to confidentiality obligations.

b. Affiliates:

We may share your information with our parent companies, subsidiaries, joint ventures, or other companies under common control with us ("Affiliates") for operational, marketing, service improvement, and other purposes consistent with this Privacy Policy.

c. Legal Obligations, Rights, and Safety:

We may disclose your information if we believe in good faith that it is necessary to:

• Comply with any applicable law, regulation, legal process (e.g., subpoena, court order, warrant), or governmental request.
• Enforce our Terms of Service, this Privacy Policy, or other agreements.
• Protect the rights, property, security, or safety of UpscaleAI Inc., our users, our employees, the public, or any third party.
• Detect, prevent, or otherwise address fraud, security breaches, technical issues, or illegal or suspected illegal activities.

d. Business Transfers or Corporate Changes:

In the event of a merger, acquisition, divestiture, financing, bankruptcy, dissolution, reorganization, sale of all or a portion of our assets, or other similar corporate transaction or proceeding, your information may be transferred as part of that transaction or diligence process. We will endeavor to notify you of such changes as required by law.

e. Aggregated, Anonymized, or De-Identified Data:

We may share aggregated, anonymized, or de-identified information, which cannot reasonably be used to identify you, with third parties for any lawful purpose, including research, analytics, marketing, and public reporting.

f. With Your Consent or at Your Direction:

We may share your information with third parties when we have your explicit consent to do so or when you direct us to share your information.

g. User Content:

As necessary to provide the Service, your User Content is processed by our systems and potentially by our third-party cloud service providers. We do not publicly display or distribute your original User Content or specific AI Outputs generated for you to unaffiliated third parties, except as described herein, as required by law, or with your consent. Our use of User Content for improving our AI models is further detailed in Section 3.b and our Terms of Service.

We do not "sell" your Personal Information in the traditional sense of selling lists of names or contact information to unrelated third-party data brokers for their own independent marketing purposes without your explicit consent. However, some laws may define "sale" or "sharing" more broadly (e.g., to include sharing for cross-context behavioral advertising), and our practices are described in this Policy.

5. Data Retention

We retain your information, including Personal Information and User Content, for as long as it is necessary to fulfill the purposes outlined in this Privacy Policy, to provide the Service, for our legitimate business interests, to comply with our legal obligations, resolve disputes, and enforce our agreements, or as otherwise permitted or required by applicable law. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide the Service to you (e.g., for as long as you have an account with us).
• Whether there is a legal, contractual, or similar obligation to retain your information (e.g., for tax, accounting, or litigation hold purposes).
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).
• Our operational and service development needs (e.g., User Content and AI Outputs may be retained in various forms for ongoing AI model training, development, and improvement, as described in Section 3.b and our Terms of Service, even after your account is closed, potentially in a de-identified or aggregated form).

Our data retention policies are subject to change.

6. Your Rights and Choices

Depending on your jurisdiction and applicable law, you may have certain rights regarding your Personal Information. These rights are not absolute and may be subject to limitations and exceptions. Your rights may include:

• Access and Portability: To request access to the Personal Information we hold about you and to receive it in a portable format.
• Correction (Rectification): To request correction of inaccurate or incomplete Personal Information.
• Deletion (Erasure): To request deletion of your Personal Information. We may decline deletion requests under certain circumstances, such as when the information is necessary to provide the Service, for our legitimate business interests (including model improvement), to comply with legal obligations, or to protect our rights.
• Opt-Out of Marketing Communications: You can opt-out of receiving promotional emails from us by following the unsubscribe link or instructions provided in such emails or by contacting us. We may still send you essential non-promotional communications related to your account or the Service.
• Cookie Controls: You can typically manage cookie preferences through your browser settings.
• Account Deletion: You may be able to request deletion of your account by emailing hello@upscaleai.app. Account deletion may result in the deletion or de-identification of certain Personal Information associated with your account, subject to our data retention policies and ongoing needs as described herein (e.g., for model improvement, legal compliance).

To exercise any rights you may have, please contact us using the information in Section 11. We may require you to verify your identity before processing your request and may charge a reasonable fee where permitted by law. We will respond to your requests within the timeframes required by applicable law.

7. Data Security

We implement and maintain reasonable administrative, technical, and physical security safeguards designed to protect the information we collect from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. However, no security system is impenetrable, and we cannot guarantee the absolute security of your information. You are responsible for maintaining the secrecy of any passwords or account information.

8. International Data Transfers

Your information, including Personal Information and User Content, will be processed in and transferred to the United States and potentially other countries where we or our service providers operate, which may have data protection laws that are different from the laws of your country. Our servers are primarily located in but not necessarily limited to the United States.

By using the Service and providing us with your information, you expressly consent to such transfer, processing, and storage in but not necessarily limited to the United States and other applicable jurisdictions. We will take steps deemed reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

9. Children's Privacy

The Service is not intended for or directed to individuals under the age of 13 (or such other age as may be specified by applicable law in your jurisdiction). We do not knowingly collect Personal Information from children. If we learn that we have collected Personal Information from a child without appropriate parental consent, we will take steps to delete such information as soon as possible. If you believe we might have any information from or about a child, please contact us.

10. Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time, in our sole discretion. If we make changes, we will post the revised Privacy Policy on this page and update the "Last Updated" date. If the changes are material, we may provide more prominent notice (such as by adding a statement to our homepage or sending you a notification via email or through the Service). Your continued use of the Service after any modification to this Privacy Policy will constitute your acceptance of such modification. We encourage you to review this Privacy Policy periodically to stay informed about our information practices.

11. Contact Us

If you have any questions, comments, or concerns about this Privacy Policy, our data practices, or if you wish to exercise your rights, please contact us:

UpscaleAI Inc.
Email: hello@upscaleai.app