Terms of Service | UpSunday

Last updated September 25, 2026

In short

These terms cover your use of upsunday.co. Browse, read, share and get in touch as much as you like. Please don't misuse the site or present our work as your own.

Client projects are never agreed through this website. Every project runs on its own signed agreement, and where that agreement and these terms differ, the signed agreement wins.

These Terms of Service ("Terms") apply when you visit or use upsunday.co and its pages (the "Site"). The Site is operated by UpSunday LLC, a Delaware limited liability company ("UpSunday", "we", "us" or "our"). By using the Site you agree to these Terms. If you don't agree, please don't use the Site.

1. Who We Are

UpSunday is a brand, web, software and motion design and development studio based in San Diego, California. You can reach us at project@upsunday.co. Our mailing address for legal notices is UpSunday LLC, c/o Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, Delaware 19958, USA.

2. Using the Site

You're welcome to browse the Site, read our work and articles, contact us and . When you do, you agree not to:

break the law, or help anyone else break it, through the Site;
try to get unauthorized access to the Site, its hosting or any system connected to it, or interfere with how it works (for example with malware, denial-of-service attacks or automated form submissions);
send spam, abusive content or anything you don't have the right to share through the contact form or booking tools;
copy, rebuild or resell the Site's designs, code, animations, 3D assets or videos, or pass our work or our clients' work off as your own; or
pretend to be UpSunday, a member of our team or one of our clients.

Search engines and AI answer engines are welcome to crawl and cite our public pages, as set out in our robots.txt file.

3. Our Content

The Site and everything on it, including its design, code, copy, articles, illustrations, 3D renders, animations and videos, belongs to UpSunday or to the people who licensed it to us. It is protected by copyright and other intellectual property laws.

Projects in our portfolio are shown with our clients' permission. Client names, logos, products and brand assets remain the property of those clients. Showing them here doesn't give you any right to use them.

You may link to any page and quote short excerpts of our articles with a credit and a link back. For anything else, including republishing whole articles or using our visuals, please ask us first.

4. What You Send Us

When you send us a message, a link, a portfolio or a file (through the contact form, email, WhatsApp or a booking), you confirm that the information is accurate and that you have the right to share it. You keep ownership of what you send. You give us permission to use it only to read it, reply to you and consider working together.

Please don't send confidential material before we've agreed in writing to keep it confidential. Until a signed agreement or NDA is in place, we can't take on confidentiality obligations for ideas or information sent to us unprompted. We handle personal information as described in our Privacy Policy.

5. Booking a Call

Discovery calls are booked through Calendly, which runs under its own terms and privacy policy. A call is a free, no-obligation conversation. Nothing said on a call, and nothing on the Site, creates a contract to provide services.

6. Client Projects

Any project with UpSunday is covered by its own written agreement, signed by both sides. That agreement alone sets the scope, fees, timeline, ownership and other terms of the work, and it takes priority over these Terms. Nothing on the Site is an offer, quote or guarantee.

7. Third-Party Links and Services

The Site links to, or embeds, services run by other companies, including Calendly, WhatsApp, Instagram, LinkedIn and X. We don't control those services and aren't responsible for their content or how they handle your data. Their own terms and privacy policies apply when you use them.

8. Availability and Changes

We work hard to keep the Site fast and available, but we can't promise it will always be uninterrupted or error-free. We may change, pause or remove any part of the Site at any time.

9. Disclaimer

The Site and its content are provided "as is" and "as available" for general information. As far as the law allows, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Articles and case studies share our experience and opinions. They are not professional, legal or financial advice.

10. Limitation of Liability

As far as the law allows, UpSunday will not be liable for any indirect, incidental, special or consequential loss arising from your use of the Site, including lost profits, revenue or data. Our total liability for any claim relating to your use of the Site is limited to US$100.

Nothing in these Terms limits liability that cannot be limited by law, or affects any rights you have as a consumer under the laws of the place where you live.

11. Indemnity

If you misuse the Site or break these Terms and that leads to a claim against UpSunday, you agree to cover the reasonable costs and losses that result, including reasonable legal fees, as far as the law allows.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute about the Site will be heard in the state or federal courts located in San Diego County, California. If you live in the EU or the UK, you also keep the protection of the mandatory laws of your country and may bring a claim in your local courts.

Before starting any formal dispute, please email us so we can try to resolve it informally.

13. General

If any part of these Terms is found to be unenforceable, the rest still applies. If we don't enforce a right straight away, we haven't given it up. These Terms, together with our Privacy Policy and Cookie Policy, make up the full agreement between you and us about your use of the Site. For client work, the signed project agreement also applies.

14. Changes to These Terms

We may update these Terms from time to time. We'll post the new version on this page and change the "Last updated" date at the top. If you keep using the Site after an update, the new version applies.