Upswell Terms of Use

Effective date: November 4, 2025

Welcome to Upswell, operated by Bobidi, Inc. (“Upswell,” “we,” “us,” or “our”).These Terms of Use (“Terms”) govern your access to and use of Upswell’s mobile apps, websites, and related services that allow users to engage, dine in, submit receipts, and earn cash-back rewards (collectively, the “Services”).By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Eligibility and Account Registration

  • Age requirement. You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Services. If you are under 18, you represent that you have parental or guardian consent.
  • Account accuracy. You must provide accurate, complete, and current information. Your phone number serves as your primary account identifier.
  • Security. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
  • Single account. Only one personal Upswell account is permitted per individual unless authorized by Upswell.

2. Overview of the Services

Upswell helps you discover restaurants, engage with campaigns, and earn cash-back rewards by submitting eligible dining receipts.
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We use our own optical character recognition (OCR) technology to read receipts.You may be asked to connect a payment account via Plaid so that we can confirm a matching transaction on your linked account.
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We use Plaid only for verification and never store your bank or card login credentials.
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Upswell may modify, suspend, or discontinue portions of the Services, including promotional campaigns or reward structures, at any time.

3. Cash-Back Program Terms

A. Receipt Eligibility

  • Promotion-specific requirements. The information that needs to show on a receipt can vary by promotion. Each promotion will clearly state its required receipt details (for example: restaurant name, date/time, subtotal, tax, tip, total, payment method, or server ID). If a promotion does not specify otherwise, a valid receipt must at least display the restaurant name, date/time, subtotal (or itemized list), tax, tip (if applicable), and total.
  • Original and unique. Receipts must be original, unaltered, and not reused or previously submitted (to Upswell or another program, if prohibited).
  • Submission window. Unless stated otherwise, receipts must be submitted within 7 days of purchase.
  • Validation. We may require Plaid verification or other documentation to ensure authenticity.

*More detail about eligibility, integrity standards, and examples of valid receipts can be found in the Rewards Policy, which is incorporated into these Terms by reference.

B. Review and Approval

Receipt approval, rejection, or requests for clarification are at Upswell’s sole discretion.

Upswell may reverse or reclaim payouts if a submission is later determined to be invalid or fraudulent.

Additional review rules are described in the Rewards Policy.

C. Payouts

  • Method. Rewards are paid to the Venmo and/or PayPal ID you provide.
  • Timing. Standard processing generally takes 1–2 business days but may vary.
  • Special tiers. Users in designated “special” or “instant” tiers (e.g., Upswell Prime) may receive faster payouts, subject to continued eligibility.

D. Limits and Adjustments

Upswell may impose limits on the number of submissions or reward amounts per user, restaurant, or timeframe, and may withhold or offset payments if potential fraud or policy violations are detected.

E. Taxes

Rewards may constitute taxable income. You are solely responsible for any tax obligations.

4. User Content and Conduct

You may post reviews, photos, and other content (“User Content”). You retain ownership but grant Upswell a non-exclusive, worldwide, royalty-free license to host, display, and use your User Content to operate and improve the Services.

You agree not to:

  • Upload fake, reused, or altered receipts;
  • Post illegal, harassing, infringing, or misleading content;
  • Use bots or scripts to automate submissions; or
  • Violate any law, restaurant policy, or third-party right.

Upswell may remove content or restrict accounts for violations.

5. Third-Party Services

  • Plaid. Used solely to validate a transaction that corresponds to a submitted receipt, governed by Plaid’s privacy policy.
  • Venmo / PayPal. Used for payouts and governed by their respective terms.
  • Restaurant partners. Upswell is not responsible for restaurant pricing, service, or policies; your dining transaction is solely between you and the restaurant.

6. Ownership and License

All rights in the Services, including software, design, and trademarks, belong to Upswell or its licensors. Upswell grants you a limited, revocable, non-exclusive license to use the Services for personal, non-commercial purposes only.

7. Feedback

Any feedback or suggestions you provide may be used by Upswell freely and without obligation to you.

8. Termination

You may stop using the Services or request account deletion anytime via cs@upswell.ai.

Upswell may suspend or terminate accounts for fraud, misuse, or violation of these Terms.

Upon termination, your right to use the Services ends immediately, but sections such as IP ownership, disclaimers, and liability limits survive.

9. Disclaimers

The Services and all promotions are provided “as is” and “as available.”

‍Upswell disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee reward amounts, approval rates, or processing speed.

10. Limitation of Liability

To the maximum extent permitted by law, Upswell and its affiliates are not liable for indirect, incidental, special, consequential, or punitive damages, or lost profits or data.

Our aggregate liability shall not exceed the greater of $100 or the total rewards paid to you in the previous six months.

11. Indemnification

You agree to defend and hold harmless Upswell, its affiliates, officers, and employees from any claims or expenses arising from your use of the Services or violation of these Terms.

12. Updates to Terms

We may update these Terms periodically. Material changes will be communicated via email or in-app notice. Continued use after changes take effect signifies acceptance.

13. Governing Law and Dispute Resolution

These Terms are governed by California law.

Binding Arbitration and Class Waiver

Unresolved disputes will be submitted to binding arbitration administered by JAMS under its Streamlined Rules.

You and Upswell waive any right to a jury or class action.

You may opt out within 30 days of first accepting these Terms by emailing cs@upswell.ai.

14. Electronic Communications

You consent to receive electronic communications (email, SMS, or in-app). These satisfy any legal requirement that communications be in writing.

15. Precedence and Incorporated Policies

These Terms incorporate:

If a promotion’s terms or the Rewards Policy conflict with these Terms regarding receipt requirements or integrity, the promotion or Rewards Policy controls for those issues.

16. Miscellaneous

  • Entire agreement. These Terms plus incorporated policies constitute the whole agreement between you and Upswell.
  • Severability. If any clause is invalid, the rest remain enforceable.
  • Assignment. You may not assign these Terms; Upswell may assign them in connection with a merger or sale.
  • No waiver. Failure to enforce any part is not a waiver of our rights.

17. Contact Us

Question? Email cs@upswell.ai.