Terms & Conditions

Last updated: June 1, 2024

1 Introduction

Welcome to EarnUpSkill.com ("EarnUpSkill", "we", "us", or "our"). These Terms & Conditions ("Terms") govern your access to and use of our website, mobile applications, and services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform.

The Platform connects freelancers ("Freelancers") with clients ("Clients") seeking services (collectively, "Users"). EarnUpSkill provides a marketplace but is not a party to any contracts between Freelancers and Clients.

Eligibility

To use the Platform, you must be at least 18 years old and capable of forming a binding contract. By using the Platform, you represent and warrant that you meet these requirements.

2 Accounts

Account Creation

To access certain features of the Platform, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Be responsible for all activities that occur under your account
  • Immediately notify us of any unauthorized use of your account

Account Types

Freelancer Accounts

Freelancers must provide professional qualifications, work history, and may need to verify identity. Freelancers are independent contractors, not employees of EarnUpSkill.

Client Accounts

Clients must provide accurate business information and payment details. Clients are responsible for clearly defining project requirements.

Verification

We may require identity verification, background checks, or skill assessments for certain account types or services. Failure to complete verification may limit Platform access.

3 Services

Platform Services

EarnUpSkill provides a marketplace that enables:

  • Freelancers to create profiles, showcase skills, and offer services
  • Clients to post projects, search for Freelancers, and hire talent
  • Communication tools for project collaboration
  • Payment processing services
  • Dispute resolution services

Service Contracts

When a Client hires a Freelancer, they enter into a direct contract ("Service Contract") with each other. EarnUpSkill is not a party to these contracts.

Service Contracts should include:

  • Scope of work and deliverables
  • Timeline and milestones
  • Payment terms and amounts
  • Ownership of work product
  • Confidentiality provisions

Prohibited Services

The following services are prohibited on our Platform:

  • Illegal activities or regulated services without proper licensing
  • Adult content or services
  • Multi-level marketing
  • Academic work that violates academic integrity policies
  • Services that infringe on third-party rights

4 Payments

Payment Processing

EarnUpSkill provides payment processing services through third-party providers. All payments must be processed through the Platform unless otherwise agreed in writing.

Fees

Our fee structure is as follows:

Service Fee
Freelancer Service Fee 10% of project value
Client Payment Processing 2.9% + $0.30 per transaction
Premium Membership (optional) $14.99/month

Escrow & Milestone Payments

For fixed-price projects, we recommend using our escrow service:

  • Client funds are held in escrow until work is approved
  • Freelancers receive payment after work acceptance
  • Disputed payments may be subject to resolution procedures

Taxes

Users are responsible for all applicable taxes related to their activities on the Platform. EarnUpSkill may collect tax information as required by law.

5 User Content

Content Ownership

Users retain ownership of all content they submit to the Platform ("User Content"). By submitting User Content, you grant EarnUpSkill a worldwide, non-exclusive, royalty-free license to use, display, and distribute your User Content for Platform operations.

Work Product

Ownership of work product created through Service Contracts is determined by the agreement between Freelancer and Client. In absence of agreement, work product belongs to the Client upon full payment.

Content Restrictions

You agree not to post User Content that:

  • Violates any law or third-party rights
  • Is fraudulent, false, or misleading
  • Contains viruses or malicious code
  • Is defamatory, obscene, or offensive
  • Constitutes unsolicited advertising

Content Moderation

We may monitor, review, and remove User Content at our discretion, but have no obligation to do so. Users may report inappropriate content through our reporting system.

6 User Conduct

All Users agree to:

  • Comply with all applicable laws and regulations
  • Provide accurate information and maintain account security
  • Respect intellectual property rights
  • Not engage in fraudulent, deceptive, or harmful activities
  • Not circumvent the Platform's payment system
  • Not interfere with Platform operations or other Users

Freelancer Responsibilities

Freelancers additionally agree to:

  • Provide services with reasonable skill and care
  • Deliver work as agreed in Service Contracts
  • Not misrepresent qualifications or experience
  • Maintain appropriate insurance if required for services

Client Responsibilities

Clients additionally agree to:

  • Provide clear project requirements and timely feedback
  • Pay for services as agreed in Service Contracts
  • Not request work outside the defined scope without compensation
  • Not engage in harassment or unfair treatment of Freelancers

Feedback & Reviews

Users may leave honest feedback about their experiences. Fake, misleading, or retaliatory reviews are prohibited and may be removed.

7 Termination

By Users

You may terminate your account at any time by following the account closure process in your account settings. Outstanding payments must be settled before account closure.

By EarnUpSkill

We may suspend or terminate your account at our discretion if we believe you have violated these Terms or applicable laws. We will typically provide notice and opportunity to cure when appropriate.

Effect of Termination

Upon termination:

  • Your right to use the Platform immediately ceases
  • Outstanding Service Contracts may be affected
  • We may retain certain information as required by law
  • Provisions of these Terms that should survive will remain in effect

Appeals

If your account is terminated by EarnUpSkill, you may appeal the decision by contacting our support team within 30 days of termination.

8 Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, EARNUPSKILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Specific Disclaimers

  • We do not guarantee the accuracy of User Content or profiles
  • We do not guarantee uninterrupted or error-free service
  • We are not responsible for the quality, safety, or legality of services provided by Freelancers
  • We do not endorse any particular User or service
  • We are not party to Service Contracts between Users

Third-Party Services

The Platform may integrate with or link to third-party services. We are not responsible for these services and their terms and privacy policies will apply.

9 Liability

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARNUPSKILL 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 OR INABILITY TO USE THE PLATFORM
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
  • ANY INTERACTIONS BETWEEN USERS

Total Liability

IN NO EVENT SHALL EARNUPSKILL'S AGGREGATE LIABILITY EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.

Indemnification

You agree to defend, indemnify, and hold harmless EarnUpSkill from any claims, damages, and expenses arising from your use of the Platform, violation of these Terms, or violation of any third-party rights.

10 Disputes

Between Users

Users are encouraged to resolve disputes directly. EarnUpSkill may provide dispute resolution services at our discretion, but is not obligated to do so.

Dispute Resolution Process

If you involve EarnUpSkill in a dispute:

  1. Submit a detailed dispute request through our system
  2. Provide all relevant documentation
  3. We will review and may request additional information
  4. We will make a determination within 30 days
  5. Our decision is final and binding regarding Platform actions

Legal Disputes

Any legal disputes with EarnUpSkill shall be resolved as follows:

  • Governing Law: California law, excluding its conflict of law provisions
  • Jurisdiction: Courts in San Francisco County, California
  • Arbitration: Disputes over $10,000 may be resolved through binding arbitration under AAA rules
  • Class Action Waiver: All claims must be brought individually, not as class actions

Notice Requirement

Before initiating legal action, you must notify us in writing and allow 60 days to resolve the dispute informally.

11 Changes

We may modify these Terms at any time. We will provide notice of material changes through the Platform or via email. Your continued use after changes constitutes acceptance.

User Responsibility

It is your responsibility to review these Terms periodically. The "Last Updated" date at the top indicates when changes were made.

12 Contact

For questions about these Terms, please contact us:

Postal Address

EarnUpSkill Inc.
Attn: Legal Department
123 Tech Street
San Francisco, CA 94107
United States

This document was last updated on June 1, 2024 and is effective as of that date.

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