Terms & Conditions

Effective Date: September 15, 2026

These Terms & Conditions (“Terms”) govern your use of the Upstream Agency website, services, and communications provided by Bumbera Digital, LLC, doing business as Upstream Agency (“Upstream Agency,” “we,” “us,” or “our”).

By using our website, engaging our services, or communicating with us, you agree to these Terms.



About Upstream Agency

Upstream Agency is a trade name of Bumbera Digital, LLC, a Connecticut limited liability company.

Upstream Agency provides digital marketing, website design and development, search engine optimization, advertising, consulting, and related business services.

These Terms apply to use of our website and general communications with Upstream Agency. Services provided to clients may also be governed by a separate service agreement, proposal, statement of work, or other written agreement.

If there is a conflict between these Terms and a separately executed client agreement, the executed client agreement will control with respect to the services covered by that agreement.

Use of Our Website

You may use our website only for lawful purposes.

You agree not to:

• Use the website in violation of applicable laws or regulations
• Attempt to gain unauthorized access to our website, systems, accounts, or networks
• Interfere with the operation, functionality, or security of the website
• Submit false, misleading, fraudulent, or unlawful information
• Use our content, trademarks, branding, or intellectual property without authorization
• Use the website in a manner that could damage, disable, or impair our systems or services

We reserve the right to restrict access to the website when reasonably necessary to protect our business, systems, users, or legal rights.

Information You Provide

You agree that information you provide to Upstream Agency is accurate to the best of your knowledge.

When you provide contact information, including an email address or telephone number, you represent that you are authorized to provide and use that information for communications with Upstream Agency.

SMS Messaging Terms

Upstream Agency offers SMS and MMS messaging for individuals who have opted in to receive text messages from us.

Our messaging program may include communications related to:

• Client support
• Account-related communications
• Project updates
• Scheduling and appointment coordination
• Requests for information
• Service updates
• Website or marketing-related requests
• Other communications related to an existing or prospective business relationship with Upstream Agency

By opting in to receive text messages from Upstream Agency, you agree to receive recurring SMS or MMS messages from Bumbera Digital, LLC d/b/a Upstream Agency at the mobile number used to opt in.

Message frequency varies.

Message and data rates may apply.

Consent to receive text messages is not a condition of purchasing goods or services from Upstream Agency.

How to Opt In

You may opt in to receive text messages from Upstream Agency by using an approved opt-in method, including texting an applicable opt-in keyword such as START to our designated messaging number.

After opting in, you may receive a confirmation message confirming enrollment in the Upstream Agency messaging program.

How to Opt Out

You may stop receiving text messages at any time by replying STOP to a message from Upstream Agency.

After you reply STOP, you may receive a confirmation message indicating that you have been unsubscribed. You will no longer receive messages through that messaging program unless you opt in again.

How to Get Help

For assistance with SMS messaging, reply HELP to a message from Upstream Agency.

You may also contact us at:

Email: support@upstreamagency.io

Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

Message delivery is subject to effective transmission by your wireless carrier and is outside Upstream Agency’s direct control.

Privacy

Our collection, use, and handling of personal information, including mobile phone numbers and SMS opt-in information, is governed by our Privacy Policy.

Mobile phone numbers, SMS opt-in information, and text messaging consent will not be sold, rented, transferred, or shared with third parties or affiliates for their own marketing or promotional purposes.

Please review our Privacy Policy for additional information regarding our privacy practices.

Email and Other Communications

If you communicate with Upstream Agency by email, telephone, website form, text message, or another communication channel, we may use the information you provide to:

• Respond to your request
• Manage our business relationship
• Provide services
• Coordinate projects
• Maintain appropriate business records
• Provide customer service and account support

Where applicable, marketing communications may include an unsubscribe mechanism or other method of opting out.

Intellectual Property

Unless otherwise stated, the Upstream Agency website and its content, including text, branding, logos, graphics, layouts, photographs, designs, and other materials, are owned by or licensed to Bumbera Digital, LLC and are protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, publish, license, sell, or otherwise exploit our website content without prior written authorization, except as permitted by applicable law.

Third-Party Services and Links

Our website and services may reference, link to, or integrate with third-party websites, software, platforms, or service providers.

Upstream Agency does not control and is not responsible for the content, availability, security, terms, or privacy practices of third-party services.

Your use of third-party services may be subject to separate agreements, terms, and privacy policies established by those providers.

Website Disclaimer

We make reasonable efforts to keep our website and information accurate and available. However, the website and its content are provided on an “as is” and “as available” basis.

To the extent permitted by applicable law, Upstream Agency does not guarantee that:

• The website will always be available or uninterrupted
• The website will be error-free
• All website information will always be complete or current
• The website will be free from harmful components or security vulnerabilities

Nothing on our website should be interpreted as a guarantee of specific business, marketing, advertising, search engine, financial, or other results unless expressly stated in a written agreement.

Limitation of Liability

To the fullest extent permitted by applicable law, Bumbera Digital, LLC d/b/a Upstream Agency will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of our website or general website communications.

Any liability relating to paid client services may be governed separately by the applicable client service agreement.

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Bumbera Digital, LLC d/b/a Upstream Agency from claims, liabilities, damages, losses, and expenses arising from:

• Your unlawful use of our website
• Your violation of these Terms
• Your infringement of the rights of another person or entity
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Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, business practices, technology, or legal requirements.

Any revised version may be posted on this page with an updated effective date.

Your continued use of our website or services after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by law.

Governing Law

These Terms are governed by the laws of the State of Connecticut, without regard to conflict-of-law principles, except where otherwise required by applicable law.

Contact Us

If you have questions about these Terms & Conditions, please contact us:

Bumbera Digital, LLC d/b/a Upstream Agency
Connecticut, United States
Email: support@upstreamagency.io
Website: upstreamagency.io