Legal

Terms and Conditions

Last updated: December 2024

1. Agreement to Terms

By accessing or using UpApply, you agree to be bound by these Terms and Conditions. If you disagree with any part of these terms, you may not access our service. These terms apply to all visitors, users, and others who access or use the service.

2. Description of Service

UpApply is an AI-powered platform designed to help freelancers find job opportunities on Upwork and generate tailored proposals. Our service includes:

  • AI-powered proposal generation
  • Smart job matching and scoring
  • Profile optimization tools
  • Quote estimation features
  • Template management
  • Chrome browser extension for job scanning

3. User Accounts

To use certain features of our service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

4. Subscription and Payments

UpApply offers both free and paid subscription plans:

  • Free Plan: Limited features with usage restrictions as described on our pricing page
  • Pro Plan: Full access to all features with higher usage limits

Paid subscriptions are billed monthly. You authorize us to charge your payment method on a recurring basis. You may cancel your subscription at any time, and you will retain access until the end of your current billing period.

5. Acceptable Use

You agree not to use UpApply to:

  • Violate any applicable laws or regulations
  • Violate Upwork's Terms of Service or any third-party platform's terms
  • Generate misleading, fraudulent, or deceptive content
  • Impersonate others or misrepresent your qualifications
  • Spam or send unsolicited proposals
  • Interfere with or disrupt the service or servers
  • Attempt to gain unauthorized access to any part of the service
  • Use automated systems to access the service beyond our provided tools
  • Resell or redistribute the service without authorization

6. AI-Generated Content

Our service uses artificial intelligence to generate proposals and suggestions. You acknowledge that:

  • AI-generated content is provided as a starting point and may require editing
  • You are solely responsible for reviewing and editing all content before submission
  • We do not guarantee the accuracy, quality, or effectiveness of AI-generated content
  • You retain responsibility for any content you submit to clients or platforms
  • AI outputs may occasionally contain errors or inaccuracies

7. Intellectual Property

The UpApply service, including its original content, features, and functionality, is owned by UpApply and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our service without permission.

Content you create using our service, including proposals generated with AI assistance, belongs to you. You grant us a limited license to use your content solely to provide and improve our services.

8. Third-Party Services

Our service integrates with third-party platforms like Upwork. We are not affiliated with, endorsed by, or responsible for any third-party services. Your use of third-party platforms is governed by their respective terms of service.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USING OUR SERVICE, INCLUDING JOB WINS OR CLIENT ACQUISITIONS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPAPPLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

11. Indemnification

You agree to indemnify and hold harmless UpApply and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the service, violation of these terms, or violation of any rights of a third party.

12. Termination

We may terminate or suspend your account and access to the service immediately, without prior notice, for any reason, including breach of these terms. Upon termination, your right to use the service will immediately cease. You may also delete your account at any time.

13. Changes to Terms

We reserve the right to modify these terms at any time. We will provide notice of material changes by updating the "Last updated" date and, where appropriate, notifying you by email. Your continued use of the service after changes constitutes acceptance of the new terms.

14. Governing Law

These terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law provisions.

15. Contact Us

If you have questions about these Terms and Conditions, please contact us at brian@elivatelabs.tech