Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern your access to and use of the Outsource platform at outsource.thegoodpicture.com (the “Service”), operated by The Good Picture (legal entity Upwelling Ltd) (“we”, “us”, “our”). By accessing or using the Service, you agree to these Terms. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation.

2. The Service

Outsource provides a platform for requesting, reviewing, and managing marketing content and services delivered by The Good Picture, including optional integrations that let you publish approved content to connected third-party accounts.

3. Accounts

You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account. Notify us promptly of any unauthorised use.

4. Acceptable Use Policy

When using the Service, you agree that you will not:

• Send spam or unsolicited messages through the Service or connected accounts.
• Impersonate any person or organisation, or misrepresent your affiliation.
• Upload, generate, or publish illegal, infringing, or harmful content.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Circumvent or interfere with rate limits, security, or access controls.
• Violate the policies of any connected platform (e.g. LinkedIn, Meta) when publishing through the Service.

5. Intellectual property & your content

• You own the content you create and the brand assets you upload. You grant us a limited licence to host, process, and use that content solely to provide the Service — including producing deliverables and, where you initiate it, publishing approved content to your connected accounts.
• We (Upwelling Ltd) own the platform, its software and code, design, branding, and our access to AI models. These Terms grant you a limited, non-exclusive, non-transferable licence to use the Service; they do not transfer any of our intellectual property to you.
• Content generated for you by AI features is your property, subject to the terms of the underlying AI provider (Anthropic). You are responsible for reviewing AI-generated output before relying on or publishing it.

6. Third-party integrations

The Service can connect to third-party platforms such as LinkedIn. Those platforms are controlled by their providers and governed by their own terms; we are not responsible for their availability or actions. Publishing actions are performed at your request, and you remain responsible for content published to your accounts.

7. Confidentiality

Each party may receive confidential information from the other. Both parties agree to keep such information confidential, to use it only to perform under these Terms, and to protect it with reasonable care — except where disclosure is required by law.

8. Fees

Paid plans and add-ons are billed as described in your subscription or order. Unless stated otherwise, fees are non-refundable once the corresponding work has begun.

9. Service availability

We provide the Service on a best-effort basis. There is no formal service-level agreement (SLA) in this version. We aim to announce planned maintenance windows at least 48 hours in advance where practical. We do not warrant uninterrupted or error-free operation.

10. Limitation of liability

To the maximum extent permitted by law, we will not be liable for indirect, incidental, or consequential damages. Our total aggregate liability arising from the Service will not exceed the total fees you paid us in the twelve months preceding the claim — or KES 500,000 if no fees were paid.

11. Indemnification

Each party will indemnify the other against third-party claims, losses, and reasonable costs arising from its own breach of these Terms or its unlawful or infringing acts in connection with the Service.

12. Termination

Either party may terminate with 30 days’ written notice. We may suspend or terminate access immediately for material breach or where required by law. After termination, you may export your data for 30 days, after which it will be deleted in line with our Privacy Policy. Provisions that by their nature should survive will continue to apply.

13. Governing law

These Terms are governed by the laws of the Republic of Kenya.

14. Dispute resolution

The parties will first attempt to resolve any dispute through good-faith negotiation and, if needed, mediation. If a dispute remains unresolved, it will be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

15. Changes

We may update these Terms from time to time. For material changes we will provide notice and update the effective date above. Continued use after changes take effect constitutes acceptance.

16. Contact

The Good Picture (Upwelling Ltd) — Nairobi, Kenya. contact@thegoodpicture.com