, a company incorporated in the State of Delaware, with official email: firstname.lastname@example.org (“Upgraded”, “we”, “our”, or “us”) offers an Upgraded Program (the “Upgraded Service”) described below under the following terms and conditions (the “Terms & Conditions”, or “Terms”).
You must accept this Terms & Conditions to access the Upgraded Site (defined below) and to enroll in the Upgraded Service. You need to be a natural person (“you” or, collectively with other users, “Users”) to enroll in the Upgraded Service and access the Upgraded Site. The term Upgraded Site shall mean the website www.getupgraded.com and the software and services made available there, as well as any other websites, subdomains, or services owned or controlled by Upgraded and notified to you.
You are obligated to purchase a Product protection plan or another comparable program for each Supported Product. The protection plan is not offered by Upgraded.
Should you select an Apple Product, then you must purchase AppleCare+ or AppleCare+ with Theft and Loss, AppleCare Protection Plan or other comparable programs from an Apple retailer (“Apple Retailer”).
If you turn in your Supported Product to Upgrade after exercising your Upgrade Option you understand and agree that you will not be able to get the Supported Product back. Therefore, Upgraded’s only obligation will be to provide the Payment to Bank towards the Line of Credit in accordance with these Terms.
You may exercise your Upgrade Option when purchasing a new eligible Product, subject to availability, on the following conditions:
Unless you receive express written permission from Upgraded, you must turn in the same physical Product that you used to enroll in the Upgrade Service. Upgraded will allow substitution of Supported Products in the case of warranty replacements where the consumer receives either the same or certain, slightly different, pre-approved Product versions by Upgrade, at its sole discretion. You are responsible for promptly notifying Upgraded to obtain its prior express written permission of any substitution of your Supported Product.
You must trade in your Supported Product in good physical and operational condition, as more fully described below in Section 2 (k).
To exercise your Upgrade Option, you must comply with the above conditions and enroll in a new Upgraded Service in connection with your purchase of a new eligible Product, which includes applying for and entering into a new Consumer Loan (“New Consumer Loan”) with Bank. Any such new Supported Product and other relevant information will then be added to your Upgraded Account.
Whether exercising your Upgrade Option or simply turning in your Supported Product, in order to receive the Payment value, you must exercise your decision within the window of time expressly set forth in your Upgraded Account (the “Upgrade Service Window”). It is your responsibility to check your Upgrade Account frequently for any notifications from Upgrade. Any notification provided as set forth herein will be deemed as effectively received once it is made available in the Upgrade Account.
You may participate in the Upgrade Service for multiple Supported Products over the same period of time, even if the Supported Products are operating over different Upgrade Service Windows. If you do so, you can review the applicable updated information by logging in to your Upgraded Account or, by contacting Upgraded.
Upon successfully exercising your Upgrade Option, Upgraded will provide Payment on your behalf directly to the Bank. Upgraded will make a single payment to your Line of Credit for all remaining balance on the Supported Product. You understand and agree that the Payment calculation may be subject to Deductions, as described in these Terms & Conditions.
In the event that your Line of Credit for the Supported Product has any outstanding balance, Upgrade will pay off said balance directly to Bank, with the understanding that Upgrade shall not be required to pay off any remaining balance on your Line of Credit arising from or connected with any other devices than the Supported Product that is subject of the Upgrade Option, as herein stated.. If, for any reason, you have incurred late fees or other fees, you agree to settle such fees as directed by the Bank, releasing Upgrade from any liability in this regard.
As expressly required in Section 2.a.(i)., your Supported Product must be in good physical and operational condition when exercising your Upgrade Option, as determined solely by Upgraded. Therefore, before turning in your Supported Device and in case the Supported Product may have any damage, you must exercise your service rights according to the protection plan pursuant to section 2(i) of these Terms. Upgrade will not be responsible or in any way obligated to cover any expenses and costs arising from any repairs that need to be made to the Supported Product. You agree that is your sole responsibility to pay and cover such expenses.
Upgraded may work with one or multiple approved Retailer(s) to whom you can turn in your Supported Products for evaluation. The list will be made available to you by logging in to your Upgraded Account; this list may be amended by Upgraded from time to time in case Upgraded will enter into (i) collaborations with new Retailers or (ii) an existing collaboration with a Retailer expires. You agree that Supported Product will be preliminary graded based on visual, physical and operational conditions according to the Evaluation Criteria (as defined below), as set forth in this Section 2(k). For a Supported Product to be considered in good physical and operational condition, the Supported Product must meet all the Upgrade evaluation criteria, available at, Evaluation Criteria at the Website and/or in your Upgrade Account (the “Evaluation Criteria”). Pursuant to the Evaluation Criteria, Deductions (as defined below) from Payment can be made in case you did not comply with Section 2(i) and the Product presents any damage, including but not limited to: (i) visible and hidden big and small physical damages; (ii) non-functional or missing original Supported Product details, e.g. batteries, memory, or any other hardware according to Supported Product purchase; (iii) missing charging adapters or any other important accessory necessary for Product to be considered in working condition, which came with original purchase; (iv) Supported Product has restrictions using or logging into the Supported Product; (v) market value of the Supported product at time of return; (vi) other applicable conditions.
All the expenses and costs that Upgraded might need to incur to make the necessary repairments to the Supported Product as herein stated will be deducted from Payment, including but not limited to, the deductible payable pursuant to the protection plan (the “Deductions”).
You agree that Supported Product will be evaluated according to Evaluation Criteria, as described above in Section 2(h). You agree that result of evaluation of the Supported Product according to Evaluation Criteria, as described above in Section 2(h), will determine the conclusive amount of Payment paid by Upgraded. You hereby give your consent on the result of the evaluation of the Supported Product and the resulting amount of Payment after the Supported Product has been inspected at the location indicated by Upgraded, which results Upgrade will inform you in writing through your Upgrade Account within thirty (30) days after returning the Supported Product.
NOTE THAT AS STATED IN SECTION 2 (A) ABOVE YOU WILL NOT BE ABLE TO REGAIN YOUR SUPPORTED PRODUCT AFTER YOU HAVE TURNED IT IN TO UPGRADED FOR EVALUATION.
You agree that the Supported Product must be returned in good physical and operational condition, as described above in Section 2(h). You agree that Deductions of the Payment can be made based on the result of the evaluation of the Product according to the Evaluation Criteria, as described above in Section 2(h) and 2(i). You agree that amount of the Deductions, if applicable, and consequently the amount of the Payment, is finalas defined by the evaluation results after returning the Supported Product in accordance with these Terms.
You hereby authorize Upgraded to make Deductions to the Payment according to these Terms, if any. You understand and confirm that you will be solely responsible for any payments or any outstanding balance under your Line of Credit to the Bank which will not be covered by the Payment.
If your Supported Product is not in good physical and operational condition, you can exercise your service rights according to the protection plan. In the event you have already exhausted your service rights set forth in the protection plan and the necessary repair is not covered by your protection plan, you can have your Supported Product repaired at Retailer, at the applicable service rates, or, depending on the extent of repairs needed, pay the prevailing out of warranty replacement cost of the Supported Product. Upgraded will not be responsible or in any way obligated to cover those expenses and costs. You agree that is your sole responsibility to pay and cover any expenses arising from any repairs that need to be made to the Supported Product.
If you have selected an Apple product as your Supported Product, and if it is not in good physical and operational condition, you will need to exercise your service rights according to the protection plan. In the event you have already exhausted your service rights set forth in the protection plan, the necessary repair is not covered by your protection plan, you must have your Supported Product repaired at an Apple Store or Apple Retailer, or through an Apple Authorized Service Provider at the applicable service rates, or, depending on the extent of repairs needed, pay the prevailing out of warranty replacement cost of the Supported Product. Upgraded will not be responsible or in any way obligated to cover those expenses and costs. You agree that is your sole responsibility to pay and cover any expenses arising from any repairs that need to be made to the Supported Product.
If you replace your Supported Product under a product warranty with either the exact same Product or a similar Upgraded-approved version, then you will remain eligible to participate in the Upgrade Service. Your continued eligibility is also subject to Upgraded’s verification of identifying features such as IMEI or serial number or specification of the replacement Product to ensure ownership.
If your Supported Product is lost or stolen, you will remain eligible to participate in the Upgrade Service only if you replace your Supported Product as set forth in Section 2(m) above. Furthermore, your continued eligibility is also subject to Upgraded’s verification of identifying features such as IMEI or serial number of the replacement Product to ensure ownership.
Depending on the eligible Product model chosen, certain terms may change, such as the period of the Upgrade Service and the timing of the Upgrade Service Window during which you must return your phone in order for Upgraded to make the Payment. Your Upgraded Account (if available) sets forth the details of the Upgrade Service for your Supported Products.
Upon exercising your Upgrade Option or turning in your Supported Product, title and ownership of the Supported Product transfers to Upgraded, and you disclaim any further right, title or interest in and to the Supported Product, in exchange for Upgraded paying the Payment or, as the case may be, the Return Anytime Payment directly to the Bank on your behalf.
You are solely responsible for removing all data, including confidential and personal data, from the Supported Product prior to the trade-in. It is your sole responsibility to back-up any files or data from your Supported Product that you wish to retain prior to trading-in your Supported Product. Data recovery is not a part of the Upgrade Service and Upgraded will not accept any responsibility or liability for any lost files or data.
You acknowledge that you will be solely responsible for making any payments toward your Line of Credit if the Upgrade Service to which you have agreed does not include an Upgrade Option and, in consequence, Upgraded will have no obligation in this regard.
Hereby you acknowledge that Upgraded is only a facilitator between you and Bank and that Upgraded only obligation towards Bank will be to make the Payment, if applicable, in accordance with the provisions stated herein. Furthermore, you acknowledge that you have reviewed and accepted Bank’s terms and conditions and privacy policies and that you will not hold Upgraded responsible for, and will indemnify Upgraded against any liability arising out of or related to your relationship with Bank.
All communication between You and Upgraded should preferably be done via email. You can reach Upgraded through Upgraded Account or official email: email@example.com. All Your questions or provision of information regarding Supported Product, Product or Consumer Loan and/or New Consumer Loan should be addressed as follows: (i) all questions and information regarding Consumer Loan/New Consumer Loans, such as extension of Consumer Loan or changing payment schedule thereof, to the Bank; (ii) all questions and information regarding Supported Product and Product, such as, Supported Product and Product purchase, acquired protection plan, and service to Retailer; (iii) all questions and information regarding Supported Product insurance to Upgraded; (iv) all questions and information regarding Upgraded Service including buy-back and Supported Product return to Upgraded.
This agreement is valid as of the date on which these Terms & Conditions are entered into and until you has either (i) chosen to turn in your Supported Product during the Upgrade Service Window and you have received the Payment or (ii) you have notified Upgraded that you will keep your Supported Product or (iii) the time limit under which you allowed to return your Supported Product after the expiry of the Upgrade Service Window have passed. In case you choose to utilize the Upgrade Option, the agreement will be prolonged and the conditions set forth in the first sentence shall apply in relation to the New Supported Product enrolled in the Upgrade Services under the Upgrade Option. This agreement may be terminated in advance by you at any time provided that you notify Upgraded that you intend to keep your supported Product.
You must be at least 18 years old (or the legal age of majority in your jurisdiction of residence) to enroll in the Upgrade Service.
The Upgrade Service cannot be combined with any other promotions, discounts, or offers (“Offers”), unless specifically provided for in these Terms & Conditions.
You must fulfill all enrollment criteria set forth herein to be eligible to enroll in the Upgrade Service. Additional enrollment limits may apply and will in such a case be notified to you before your enrollment in the Upgrade Service.
If any provision (or part of any provision) of these Terms & Conditions is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from these Terms & Conditions and shall in no way affect the legality, validity or enforceability of the remaining terms.
Upgraded reserves the right to substitute, change, cancel or add to any part of these Terms & Conditions at any time. You should look at these Terms and Conditions regularly and your continued use of the Upgrade Service will constitute your acceptance of any revisions to these Terms and Conditions. Upgrade will post notice of modified additional terms in the applicable service. If you do not agree to the modified terms or any service we offer, you are entitled to terminate your relationship with Upgrade upon written notice to the email firstname.lastname@example.org.
You must keep copies of any sales receipt or other materials relevant to your purchase of the Supported Product and Line of Credit for your records.
If you breach any of the provisions set forth herein, Upgrade may terminate the Upgrade Service immediately.
In the event the Upgrade Service is terminated, for any reason, you will still be responsible for any outstanding balances due under the terms of your Line of Credit with the Bank.
Upgrade Service may not be available in all locations.
Upgraded Service eligibility and approval is not transferrable.