1. Acceptance of Terms
By accessing or using the Upskill web application at tryupskill.app (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
You represent that you are at least 18 years old, or the age of legal majority in your jurisdiction, whichever is greater.
2. Description of Service
Upskill AI Inc. ("Upskill") is a career development platform that helps users track skills, practice interviews, parse job descriptions, and plan their professional growth. The Service includes features powered by artificial intelligence for interview practice and job analysis.
3. Account Responsibilities
When you create an account, you agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
We reserve the right to suspend or terminate accounts that violate these Terms.
4. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose
- Attempt to gain unauthorized access to any part of the Service
- Interfere with or disrupt the Service or servers connected to the Service
- Use automated tools (bots, scrapers, etc.) to access the Service without our written consent
- Upload malicious content or code
- Impersonate another person or entity
- Use the AI-powered features to generate harmful, abusive, or misleading content
- Resell, redistribute, or sublicense any part of the Service
5. Intellectual Property
5.1 Our Content
The Service, including its design, features, code, and content (excluding user-generated content), is owned by Upskill and protected by applicable intellectual property laws. You may not copy, modify, or distribute any part of the Service without our written permission.
5.2 Your Content
You retain ownership of content you create through the Service (e.g., profile information, skill selections, interview transcripts). By using the Service, you grant us a limited license to store, process, and display your content solely for the purpose of providing the Service to you. We do not use your content to train artificial intelligence or machine learning models.
5.3 AI-Generated Content
Content generated by AI features (interview feedback, job analysis, etc.) is provided for informational purposes only. You may use AI-generated feedback for your personal career development. We make no guarantees about the accuracy or completeness of AI-generated content.
5.4 Voice and Audio Data
By using the interview practice feature, you acknowledge and consent to the following:
- Your voice may be recorded through your device's microphone and transmitted to ElevenLabs for speech-to-text processing to generate text transcripts
- Voice recordings are processed in real time and are not permanently stored after the session ends
- Transcripts derived from your voice recordings are stored as part of your interview history and may be sent to third-party AI providers to generate feedback
- You may delete your interview transcripts at any time through your account settings
6. Privacy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information.
7. Limitation of Liability
To the maximum extent permitted by applicable law, Upskill and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:
- Your use of or inability to use the Service
- Any AI-generated content or recommendations
- Unauthorized access to your account or data
- Any third-party services integrated with the Service
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.
8. Indemnification
You agree to indemnify, defend, and hold harmless Upskill and its operators, employees, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or relating to:
- Your use of or access to the Service
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your content or any material you submit through the Service, including interview transcripts and profile data
- Your infringement of any third party's rights
9. Disclaimer
Upskill is a career development tool, not a professional career counseling service. The interview practice feature uses AI and should not be considered a substitute for professional interview coaching. Job parsing results are automated and may not capture every detail of a job listing.
10. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. You may also delete your account at any time.
Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, and Governing Law) will remain in effect.
11. Modifications to the Service
We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time without notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
12. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the date above. Continued use of the Service after changes constitutes acceptance of the revised Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
14. Dispute Resolution
14.1 Informal Resolution
Before initiating any formal dispute proceeding, you agree to first contact us at contact@tryupskill.app and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved this way.
14.2 Binding Arbitration
If we cannot resolve the dispute informally, you and Upskill agree to resolve any claims relating to these Terms or the Service through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English, in the county where you reside or in San Francisco, California, at your election.
The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether a claim is subject to arbitration. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
14.3 Class Action Waiver
You and Upskill agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Upskill waive any right to a jury trial.
14.4 Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights. Claims within the jurisdiction of small claims court may also be brought in such court instead of arbitration.
15. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
16. Contact Us
If you have any questions about these Terms of Service, you can contact us at: contact@tryupskill.app