These Terms of Service ("Terms") govern your use of Upgrade's applications, website, and technology platform (collectively, the "Platform"). By using the Platform, you agree to these terms. Please read them carefully.
○ By accessing or using the Platform, Members agree to be bound by these Terms. This includes any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Platform. Additionally, it covers products and services that Upgrade makes available to the Members.
○ Upgrade reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Platform, ensuring that all Member shave access to the updated terms. Members will be notified via email and will have 30 days to object to the changes if they disagree. The continued use of the Platform after the notification means that the changes are accepted.
○ Members are individuals who have entered into a service agreement with Upgrade, allowing them to use the services provided by the Platform. Registration is completed by providing personal information and agreeing to these Terms. Different types of Members include Students, Parents, and Tutors, each with specific roles and privileges.
○ Members wishing to withdraw must request withdrawal from the administrator. If you wish to delete your account, please contact support@upgradecampus.com The administrator will process the account deletion within 10 days of receiving the request. However, if there are any outstanding tuition fee settlements, the account deletion will be processed after the settlements are completed. Information is retained upon withdrawal to ensure that records are maintained. However, previous information is not restored upon re-registration, maintaining data integrity.
○ One Member cannot register multiple accounts or register under multiple types. This policy helps prevent misuse of the Platform and ensures fair use by all Members. Each individual must maintain a single account to access the Platform and its services.
○ Upgrade provides services through "Upgrade," a platform that connects students aspiring to attend Ivy League or other prestigious universities worldwide with current students from these universities. Students can receive1:1 tutoring and consulting services online, ensuring personalized and targeted support. The services provided are comprehensive and cater to a wide range of academic needs.
○ Student Members: Student Members can log in via email, edit certain information, receive notifications, check lesson schedules, and pay for credits.
○ Parent Members: Parent Members can check linked students' credit status, view transaction history, and pay for credits on behalf of their children.
○ Tutor Members: Tutor Members can log in via email, edit certain information, receive notifications, conduct classes, check lesson schedules, and receive payments for completed lessons.
○ Members agree to use the Platform in accordance with these Terms and all applicable laws and regulations. They are responsible for maintaining the confidentiality of their account information and for all activities that occur under their accounts. Members must report any suspicious activities to Upgrade immediately to prevent misuse or security breaches.
○ To access certain features of the Platform, Members may be required to register an account. The Members agree to provide accurate, current, and complete information during the registration process. Additionally, Members must update such information to keep it accurate, current, and complete as long as you use the Platform.
○ Student Members may enter into individual verbal contracts with Tutor Members; however, Upgrade neither intervenes in nor assumes any responsibility for such agreements. It is the responsibility of the Members to review and confirm all details to avoid any misunderstandings.
○ Tutor Members must submit applications and undergo verification procedures to ensure they meet our standards. Successful candidates are registered as official tutors and can begin offering their services. Tutor levels, determined by the administrator, affect payment rates and opportunities for assignments.
○ Members agree not to use the Platform for any unlawful purpose or any purpose prohibited by these Terms. Prohibited activities include, but are not limited to, violating any local, state, national, or international law or regulation. Additionally, infringing upon or violating our intellectual property rights or the intellectual property rights of others, and harassing, abusing, or harming another person are strictly forbidden.
○ Payments for services are processed through Stripe, ensuring secure and efficient transactions. Members agree to pay all fees and charges associated with their use of the services, adhering to the payment schedule and terms provided. Upgrade may, at its sole discretion, offer refunds in accordance with our Refund Policy, which outlines specific conditions and procedures for requesting refunds.
○ Credits are the currency for paid services on “Upgrade”, and are available as standard credits or bonus credits. Credits can be charged, used, expired, or transferred, providing flexibility for Members. Credits expire after the validity period, and are deducted upon membership withdrawal, ensuring proper accounting of services used.
○ Lessons refer to scheduled tutoring sessions between Student Members and Tutor Members, structured to meet specific academic goals. Classes consist of lessons on the same subject, allowing for continuous and comprehensive learning experiences. Lesson reservations, changes, and cancellations are managed by both administrators and tutors to ensure smooth operation and scheduling.
○ Student Members and Parent Members can be connected in an n:1 relationship, facilitating communication and support. Credit transfers are managed by administrators to ensure proper allocation and usage. The validity period of credits does not change upon transfer, maintaining the integrity of the original purchase terms.
○ Members may submit complaints to Upgrade regarding the performance of a tutor under contract. Upgrade will engage in mediation to address such issues, offering necessary support and solutions. If disputes between the Student Member and Tutor Member remain unresolved despite Upgrade's mediation efforts, it is the responsibility of the Members to resolve the issue, and Upgrade will no longer be involved.
○ All content on the Platform, including but not limited to text, graphics, logos, and software, is the property of Upgrade or its licensors. This content is protected by intellectual property laws, and any unauthorized use is prohibited. Members must respect these rights and refrain from any infringing activities.
○ Members’ use of the Platform is also governed by Upgrade’s Privacy Policy, which details how Upgrade collect, use, and protect the Members’ information. This includes compliance with the California Consumer Privacy Act (CCPA) for California residents, ensuring their rights and data protection. By using the Platform, Members agree to the terms outlined in the Privacy Policy.
○ Upgrade requires parental consent for collecting personal information from children under the age of 18. This ensures that minors' data is handled responsibly and legally. Parents must provide consent for their children’s participation on the Platform.
○ Member-submitted content is not confidential, and Upgrade has the right to use it. Members must ensure that they own the rights to the content they submit and that it does not infringe on the rights of others. Upgrade reserves the right to remove any content that violates these terms.
○ Member should avoid posting personal or sensitive information on public forums within the Platform. Sharing such information can lead to privacy risks and misuse. Upgrade is not responsible for any issues arising from the disclosure of personal information in public areas.
○ Upgrade reserves the right to monitor and edit Member Content to ensure compliance with our standards and policies. Upgrade has the right to remove inappropriate content that violates these Terms or is deemed harmful. This helps maintain a safe and respectful environment for all Members.
○ Members can report any suspected copyright violations through the designated channels. Upgrade will respond to such reports in accordance with applicable laws.
○ Upgrade is not responsible for the content or practices regarding links to third party websites and from third party websites. Members should exercise caution when accessing third-party links.
○ Upgrade owns the technology, content, software, code, and data of the Platform. Members do not own these assets and cannot claim rights to them while using the Platform. Any unauthorized use of these proprietary elements is strictly prohibited.
○ Members are granted a limited, non-transferable, revocable license to use the Platform for personal, non-commercial purposes. This license does not include any resale or commercial use of the Platform or its contents. Any breach of this license may result in termination of access to the Platform.
○ Upgrade's trademarks and those of third parties cannot be used without permission. Unauthorized use of these trademarks is prohibited and may result in legal action. Users must respect all trademark rights associated with the Platform.
○ Commercial distribution, inappropriate use of the Platform, false representation, and illegal activities are prohibited. Member must use the Platform in a lawful and ethical manner. Violations of these obligations may result in suspension or termination of access to the Platform.
○ Upgrade is only legally responsible under specific conditions, as outlined in these Terms. Upgrade is not liable for Member content, which remains the responsibility of the Member who posted it. Any legal issues arising from Member content must be addressed by the Member.
○ Members must indemnify Upgrade and its officers, employees, and affiliates against allclaims arising from their content or legal violations. This includes coveringany legal fees and damages incurred. Members agree to cooperate fully in the defense of any claim, ensuring the protection of Upgrade’s interests.
○ Upgrade provides the Platform "as is" and does not guarantee its suit ability for specific purposes. Upgrade is not liable for any damages arising from the use of the Platform. Upgrade is not responsible for any actions taken by Members outside the scope of learning activities. Members are fully responsible for their actions when using the Platform.
○ Upgrade may terminate any Member’s access to the Platform at any time, without notice, for conduct that Upgrade believes violates these Terms. This includes any behavior that is harmful to other Members, Upgrade, or its affiliates. Termination may also occur for any other reasons deemed necessary by Upgrade.
○ This Agreement shall be governed by the laws of the State of Delaware, USA. All disputes shall be resolved through binding arbitration in Delaware. Members waive the right to participate in any class action or representative lawsuit.
○ Upgrade ensures that Members are kept informed about important updates and changes via email, SMS, etc. Effective communication is key to providing a seamless user experience.
○ For any questions about these Terms, Members may contact Upgrade through the messenger within the Upgrade platform. Upgrade’s support team is available to assist Members with any inquiries. Prompt and effective communication is apriority for Upgrade.
○ Any invalidity or unenforceability of any provision herein shall not affect the validity or enforceability of any other provision. These Terms, including any rights and obligations hereunder, may not be assigned or transferred by Members without the prior written consent of Upgrade, except as expressly provided herein. These miscellaneous provisions are integral to maintaining the integrity and functionality of these Terms.
○ Special provisions for applications downloaded from the Apple App Store are included. These provisions ensure compliance with Apple’s terms and conditions. Members must adhere to these additional terms when using Apple-enabled applications.
○ All payments for services provided by Upgrade must be made through Stripe, ensuring secure and efficient transactions. Payment must be completed before services are rendered to confirm bookings and reservations. Members agree to adhere to the payment terms and schedules provided at the time of purchase.
○ Upgrade offers various products, each with specific prices and valid periods. Credits expire if not used within the validity period to encourage timely use of purchased services. Detailed information regarding available packages can be found on a dedicated page within the Platform.
○ By agreeing to the refund and payment policy, Members acknowledge the purchase of credits through the packages listed on the Platform, and are aware of the valid periods associated with each package.
○ Refunds are issued at Upgrade's sole discretion and are subject to the following conditions:
■ Refund requests must be made before the purchased package expires to be eligible for consideration.
■ Refunds will be processed within a maximum of 7 business days after the refund request is received. However, it may take longer depending on the circumstances.
■ Refunds will be processed using the same account and method used for the original payment to ensure security and consistency.
■ For tutoring products, the refund amount is determined by the type and quantity of credits held by the customer. Different refund policies may apply to consulting products based on their specific terms.
○ Refunds will be considered under the following conditions:
1. If the service was not delivered as described.
2. If there was a billing error or overcharge.
3. If the Member is unable to use the service due to technical issues on our end.
4. Other situations as deemed reasonable by Upgrade.
○ Full Refund
■ If a session is cancelled by the Tutor Member and no rescheduling options are provided.
■ If User cancels their service plan at least 24 hours before the first session or start of the subscription period.
○ Partial Refunds
■ If the User cancels their service plan after a number of sessions have already taken place or some credits have already been used, the refund amount shall be determined by deducting the value of used credits, regardless of whether they are standard or bonus credits, from the product price.
■ The refunded amount shall be calculated using the following formula:
Refund Amount = Product Price - (Used Credits × Price Per Standard Credit)
○ No Refunds
■ If the refund amount calculated using the partial refund formula results in a negative value, the refund amount will be considered zero, and no refunds will be provided.
■ No refunds will be provided for missed sessions without prior cancellation or for dissatisfaction due to reasons beyond our control (e.g., personal preferences, inadequate internet connection on the user’s end).
○ Members have the right to dispute charges with their credit card issuer under the Fair Credit Billing Act. If Members believe a charge is incorrect or fraudulent, they can request a chargeback through their credit card issuer. Members must contact Upgrade immediately if Members initiate a chargeback so Upgrade can assist in resolving the issue promptly.
○ Members must contact Upgrade through the messenger within the Upgrade platform immediately if they believe there has been an error in billing. Upgrade will investigate and resolve any issues as quickly as possible to ensure accurate billing. Prompt reporting of disputed charges helps maintain transparency and trust.
○ Members may contact Upgrade through the messenger within the Upgrade platform for any questions or concerns regarding payments and refunds. Upgrade’s support team is available Monday to Friday from 9 AM to 7 PM KST for assistance. Upgrade strives to provide timely and effective support for all payment-related inquiries.
○ Upon refund completion, all credits granted by the relevant order will be retrieved to maintain the integrity of Upgrade’s credit system. Any scheduled lessons associated with the retrieved credits will be canceled. If credits were transferred to another member, those credits will also be retrieved, and any scheduled lessons will be canceled.
○ Members are notified of refundable credits and refund amounts in advance for confirmation before processing the refund. This ensures transparency and user awareness. Credits restored to Member after refunds cannot be refunded again, maintaining fairness in our refund process.
○ Credits issued regardless of the refund order may be retrieved at the administrator's discretion to address any discrepancies. This helps maintain the accuracy and reliability of Upgrade’s credit system.
