Terms of use

Last update: May 7, 2021
Published: April 29, 2021

1. A few general words

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Upfeed and receiving the Services operated by Upfeed.Your access and usage of the Service are conditioned upon Your acceptance and compliance with these Terms. These Terms apply to all Users and others who wish to access or use the Service.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of the Terms then You do not have permission to access the Service. If You do not agree to these Terms and Conditions, You must not use the Upfeed. We reserve the right to deny access, at any time and without prior notice, to Users who do not comply with these Terms at any time.

If You do not agree to these Terms of Use, You must not use the Upfeed.

In case You have any questions relating to the conditions contained in these Terms, You can contact Us via email: [email protected]

2. Definitions

For purposes of this Terms and Conditions, the following Terms have the meanings ascribed to them below:

“Company”  refers to LTD UPSYSTEM (Tax number: 43848197), legal address: 02090, Kyiv city, Almatynska street, building 2/1, represented by CEO HADAY ANDRIY OLEHOVYCH, acting based on Statute / PPE HADAY ANDRIY OLEHOVYCH, date and number of the record in the Unified State Register of Legal Entities and Individual Entrepreneurs: 2009040000000000867 dd.11.05.2020 (hereinafter –  “We”, “Us”, or “Our”).

“Website” — means all content and links of the page https://upfeed.io/ that provides Services to Users and provides information regarding the Services (also referred to as “Upfeed”).

“User” Account holder, a user who has registered on the Website and uses Upfeed for personal purposes (also referred to as “You”, “Your”).

“Account” — means an account required to access and/or use certain areas and features of Our Website.

“Content” — the information, Company provides via Website, including bids with offers. Also, the Content includes but is not limited to: whole or elements of icons, illustrations, graphics, pictures, logo, etc., which is solely owned by the Company.

“Intellectual property rights” — all rights in, to, or arising out of: (i) any work, intangible work, copyrights, copyright registrations, creations, design, illustrations, symbols, marks, pictures, icons, trademarks, logo, and/or image that is used in commercial / personal goals; (ii) any U.S., Ukrainian or foreign patent or any software therefore and any all reissues, divisions, continuations, renewals, extensions, and continuation-in-part thereof; (iii) moral rights, rights of publicity, right of personality, privacy, and likeness, whether arising by operation of law, contract, license or otherwise, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country or other applicable jurisdiction.

“Services”  provision of services by the Company to improve and customize the search for job offers and vacancies using special filters.

“Subscription” one of 3 (three) tariff plans (free trial, monthly, and annual Subscription) which the User can choose according to the section “Subscription” of these Terms.

“RSS-link” a special link that contains information on job applications, which is located on Upwork.com.

3. About Upfeed

Upfeed is the best solution to improve Your experience of finding suitable jobs for various criteria. Our Website will be useful for freelancers, CEOs, and sales managers.

Upfeed is a platform for simplifying freelance work. It offers tools for freelancers to facilitate their work on the Upwork Official Website. You can use these tools without connecting them to Your Upwork Account.

Upfeed helps You to adjust and set up Account settings. Upskill helps to create a “smart filter” so You can find Your potential customers easier.

4. Using the Upfeed

Use of the Website is entirely voluntary and under the sole and exclusive responsibility of the User, provided the User does not violate the intellectual or industrial property or otherwise damage the Website.

a. Registration of an Account

You can access the Upfeed on a free (7-days trial period) or fee-paying basis after completed registration on Оur Website.

We ask You to provide Your name, email, and password (should be at least 5 digits long) so We can register You within Our Services. We also ask You to choose the industry for creating Your Account. Email and password will be used for login. To complete the registration You should agree with Our Terms and Conditions and Privacy Policy.

After registration, We will create Your Account and You can finally use Upfeed.

b. Choose the type of Subscription

Some parts of the Service are made available on a paid Subscription basis. Subscription is available for Upskill. Pricing for the Subscriptions can be found on Our pricing page (https://upfeed.io/pricing).

During registration, We offer You three types of Subscription: free (trial period), monthly and annual Subscription.

You will be billed in advance on a recurring and periodic basis (Billing Cycle). Billing Cycles are set on a monthly or yearly basis. Whether You are using monthly or yearly billing, Your Account may be charged on a monthly basis.

Free Trial

We may offer a Subscription with a free trial for a limited period (Free Trial). If You are on a Free Trial, You may cancel at any time until the last day of Your Free Trial by following the cancellation procedures outlined in the Subscription section of these Terms. If We or You cancel Your Free Trial, You acknowledge and agree that We may delete all of your data associated with the Account that was assigned to Your Free Trial. The duration of the Trial period is indicated on Our Website in the section “Pricing”.

If You do not cancel Your free trial, then Your free trial will be automatically canceled.BUT, at any time and without notice, We reserve the right to (a) modify the Terms and Conditions of any Free Trial offer, (b) cancel any Free Trial offer, or (c) cancel any Free Trial Subscription at any time.

After payment of the Subscription, the User has to refresh the page (Account) on the Website, make sure You have an Internet connection. The number of workstations, a User can log in to Upfeed, is not limited.

You may cancel Your Subscription either through Your online Account management page or by contacting the customer support team at [email protected].

c. Capabilities of Upfeed

Upfeed provides a wide range of Services and opportunities to find more projects and Work with more clients. By using the Website, You significantly save time searching for offers on Upwork.com.

To start using the Service, You need to copy the RSS-link from Upwork.com on the main and paste it to the main page of Your Account. After that, You will be able to customize special filters and search keywords.

Using Our interface, You can set the following filters for Your search:

  • countries (You can choose or delete the country);
  • type of skills;
  • budget amount filter.

In addition, You can specify search keywords, which will also improve filtering and finding suitable offers.

Also in any Account, We offer the function “Set highlights”. Use this section to specify words or phrases that You would like to be highlighted in a job. A solid set of words can help you to identify what jobs are more likely to become best engagements.

After selecting a suitable offer, click on it You go to Upwork.com. The Company does not bear any responsibility for Your actions cooperation and payment on third-party resources.

d. Restrictions

When using the Upfeed You are prohibited to:

  • breach or circumvent any laws, regulations, third-party rights or Our systems, policies, or determinations of Your Account status;
  • use Our Website if You are not eligible to enter into legally binding agreements (for example, if You are under 18 years old), or temporarily or indefinitely suspended from using Our sites, Services, applications, or tools;
  • transfer Your Account details to a third party without Our consent;
  • distribute viruses or any other technologies that may harm Upfeed;
  • use any robot, spider, scraper, data mining tools, data gathering, and extraction tools, or other automated means access to Our Website for any purpose, except with the prior express permission of Company;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other Intellectual property rights belong to the Company.

5. Payments

a. Auto-Renewal

You agree that at the end of each Billing Cycle, Your Subscription will be automatically renewed, and payment for such Subscription will automatically be charged at the start of each new Subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless You cancel it, or We cancel it. All orders are being processed by the payment system and registered seller at Fondy (https://fondy.ua/), which also deals with all support payment issues. Fondy does not collect and store any User’s full credit or debit card details. Fondy uses a number of payment card industry compliant providers to process credit and debit card transactions and, as an additional security measure, uses a third-party tokenization service as a layer between the Fondy and the providers.

We never monitor or store any User’s full credit or debit card details within Our Services.

A valid payment method, including a credit card, is required to process the payment for Your Subscription. You must provide accurate and complete billing information, including the full name of the owner of the card, card number, expiration date, CCV, and valid payment method information. By submitting such payment information, You automatically authorize Us to charge all Subscription fees incurred through Your Account to any such payment instruments.

Should automatic billing fail to occur for any reason, We may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be canceled.

b. Fees and Fee Changes

We may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current billing cycle.

We will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

You will be responsible for paying all Taxes associated with Your Subscription, except for those taxes based on Our net income.

c. Refunds

Payment obligations are non-cancelable, and paid fees are non-refundable, and there are no credits for partially used Subscription periods. Certain refund requests for Subscriptions may be considered on a case-by-case basis. Please drop Us an email at [email protected].

6. User’s Obligations

The User’s obligations:

  • to provide only true and up-to-date information;
  • to follow these Terms and conditions;
  • report any violations of other Users of which You become aware;
  • understand that the platform does not give any guarantees that You will receive income.

You shall not, directly or indirectly:

  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”);
  • modify, translate, or create derivative works based on the Services or any Software;
  • access all or any part of the Services or the Software in order to build a product or service which competes with the Services;
  • use the Services to provide services to third parties;
  • license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party;
  • use the Services in a manner that is illegal or causes damage or injury to any person or property;
  • access, store, distribute or use during the course of its use of the Services any malware or any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; 
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other Intellectual property rights belonging to Upfeed; 
  • depicts sexually explicit images; promotes unlawful violence; is discriminatory based on race, gender, color, religious belief, sexual orientation, disability; or
  • attempt to obtain, or assist third parties in obtaining, access to the Services.

In case We notice You are abusing Upfeed in any way, We may, at Our sole discretion and without limiting other remedies, limit, suspend, or terminate Your Account and access to Our Website, and take technical and/or legal steps to prevent You from using the Website.

7. Data Protection

We understand that We collect personal data from Our Users, so We made the best efforts to secure Your data and comply with GDPR and CCPA.

Please, read it carefully following the link: https://upfeed.io/privacy-policy. Our Privacy Policy explains how We collect, use, share, and transfer Your data.

Please treat Your password and log-in as confidential and do not disclose it to any third party, as You are entirely responsible for the security and confidentiality of Your login details. No assignment of passwords, even temporarily, to third parties is permitted.

8. Communications

By creating an Account on Our Website, You agree to receive the newsletters or marketing materials and other information We may send. However, You may opt-out of receiving any, or all, of these communications from Us by writing Us at [email protected].

9. Intellectual Property

We respect the Intellectual property rights of others. It is Our Terms to respond to any claim that Content posted on the Service infringes on the copyright or other Intellectual property rights (“Infringement”) of any person or entity. If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit Your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in Your claim a detailed description of the alleged Infringement.

The Website and its original Content (excluding Content provided by Users or other third-parties), features, and functionality are and will remain the exclusive property of the Company. The Website is protected by copyright, trademark, and other laws around the world.

11. Force Majeure

We will not be liable for delays, failures in performance, or interruptions of the Website which result directly or indirectly from any cause or condition beyond Our reasonable control, including any delay or failure due to any act of God, act of civil or military authorities, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrence which is beyond Our reasonable control and will not affect the validity and enforceability of any remaining provisions.

12. Age Limitations

You must be 18 years of age or over, or the legal age to form a binding contract in Your jurisdiction if that age is greater than 18 years of age, to receive the Services. If You are between the ages of 14 and 18 or the applicable legal age in Your jurisdiction, You can create an Account on the Website only under the supervision of Your parent or guardian who has agreed to these Terms and Conditions.

13. Limitation Of Liability

In no event neither Upfeed neither its directors, employees, partners, agents, suppliers, or affiliates, will be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) Your access to or use of or inability to access or use the Service; (ii) any conduct or Content of any third party on the Service; (iii) any Content obtained from the Service; and (iv) unauthorized access, use or alteration of Your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

14. Disclaimer

Your use of the Service is at Your sole risk. The Service is provided on an AS IS and AS AVAILABLE basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet Your requirements.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of Ukraine, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

16. Dispute resolutions

To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between You and Upfeed, including without limitation any dispute or claim related to or arising out of this Terms, You and Upfeed may attempt to negotiate any dispute informally before initiating any arbitration or court proceeding. Such negotiations will commence upon written notice. Your address for any notices under this section is Your email address that You have provided to Upfeed.

If a dispute is not resolved through negotiations, all disputes arising out of or in connection with these Terms and Conditions shall be settled in accordance with the laws of Ukraine. All disputes arising out of or in connection with these Terms and Conditions shall be finally settled by arbitration according to the Rules of Arbitration of the Commercial Arbitration Center of the Ukraine Chamber of Commerce and Industry (Commercial Arbitration Center), by one or more arbitrator(s) appointed in accordance with the Arbitration Rules. The language of the arbitration shall be English. The place of arbitration shall be Kyiv, Ukraine.

17. Changes

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. By continuing to access or use Our Service after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Service. We may amend or modify these Terms and Conditions by posting an updated version on the Website. The revised Terms and Conditions will be effective at the time of publication.

18. Termination

We may terminate or suspend access to Service immediately, without prior notice or liability, under Our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. Contact Us

You may contact Us regarding the Service or these Terms and Conditions at [email protected].

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