Terms and Conditions

Last updated: May 18, 2025

Table of Content

    Terms and Conditions

    Last Updated: 18th May 2025

    Welcome to UpstartPrep LLC (“UpstartPrep,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our website, platform, and services, including test preparation content, tutoring, and whitelabel solutions offered at [your website URL] (collectively, the “Services”).

    By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, incorporated by reference. If you do not agree to these Terms, please do not use our Services.

     

    1. Acceptance of Terms

    You (“you” or “User”) represent that you are at least 13 years of age and have the legal capacity to enter into this agreement. These Terms apply to:

    • Individual students purchasing or using the Services;

    • Educational institutions, tutoring centers, or other organizations subscribing to our Services or whitelabel platform (“Partners”);

    • Tutors or educators authorized to use our platform under a Partner agreement.

    By subscribing, registering, or using any part of the Services, you accept and agree to be bound by these Terms.

     

    2. Description of Services

    UpstartPrep offers test preparation and tutoring services including but not limited to:

    • 1-on-1 Tutoring: Personalized instruction by certified tutors;

    • Group Classes: Scheduled live or recorded group sessions;

    • Whitelabel Platform Licensing: Custom-branded versions of our platform licensed to schools, tutoring companies, or partners for their students;

    • Subscription Access: Access to digital test prep materials, practice tests, and learning tools via subscription plans.

    Partners may resell or offer these Services to their students or clients subject to the terms herein.

     

    3. User Eligibility

    You must be at least 13 years old to use our Services. If you are under 18, you may only use the Services under parental or guardian supervision. Users under 13 are prohibited from providing personal information or using the Services.

     

     

    4. Account Registration

    To access certain features, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

    Notify us immediately if you suspect unauthorized use.

     

     

    5. Intellectual Property Rights

    5.1 Ownership

    All content and software provided through UpstartPrep, including but not limited to test prep materials, tutoring resources, videos, practice tests, question banks, curricula, software, designs, text, graphics, logos, icons, images, audio, and other materials (“Content”) are owned by UpstartPrep LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

    5.2 Self-Created Content

    All Content is original and self-created by UpstartPrep or properly licensed for our use. Unauthorized copying, reproduction, distribution, display, or use of our Content in whole or in part is strictly prohibited and constitutes an infringement of our proprietary rights. SAT® and ACT® are registered trademarks belonging, respectively, to Collegeboard and ACT, Inc. Neither Collegeboard nor ACT, Inc. is involved with or affiliated with UpstartPrep.

    5.3 Prohibition on Unauthorized Use

    Users agree not to copy, reproduce, transmit, distribute, sell, lease, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or otherwise use any Content or proprietary materials except as expressly permitted by these Terms.

    Any unauthorized use may result in civil and criminal penalties. UpstartPrep reserves the right to take all legal action necessary to protect its intellectual property rights, including reporting violations to law enforcement agencies and seeking monetary damages, injunctive relief, and other remedies.

    5.4 Whitelabel Partner Obligations

    Whitelabel partners granted access to UpstartPrep’s platform agree to use the platform and Content solely for the purposes described in their license agreement. Partners shall not permit unauthorized access or use, reproduce Content beyond the scope of the license, or sublicense without explicit written consent.

     

    6. License and Use of Services

    Subject to your compliance with these Terms and payment of applicable fees, UpstartPrep grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services and Content solely for your personal or organizational educational use.

    Restrictions: You shall NOT:

    • Use the Services or Content for any commercial purpose except as authorized under a Partner agreement;

    • Reverse engineer, decompile, disassemble, or attempt to derive source code or underlying structure of the platform;

    • Remove or alter any proprietary notices;

    • Use the Services to develop a competing product or service;

    • Violate any applicable laws or third-party rights.

     

    7. Payments and Subscriptions

    • Access to paid content and Services requires subscription or one-time payment as indicated;

    • Fees are billed in advance and non-refundable except where required by law or explicit agreement;

    • Partners’ payment terms are governed by separate written agreements;

    • Failure to pay may result in suspension or termination of access;

    • We reserve the right to modify fees with 30 days’ prior notice.

    8. User Responsibilities and Conduct

    You agree to:

    • Provide accurate information;

    • Use the Services lawfully and not engage in any fraudulent, abusive, or harmful activity;

    • Refrain from posting or transmitting unlawful, threatening, defamatory, obscene, or otherwise objectionable content;

    • Respect the rights of other users and UpstartPrep;

    • Comply with all local, state, national, and international laws applicable to your use.

     

    9. Disclaimer of Warranties and Limitation of Liability

    • The Services and Content are provided “as is” and “as available” without warranties of any kind, express or implied;

    • UpstartPrep does not guarantee that the Services will be error-free, uninterrupted, or completely secure;

    • We disclaim all warranties including but not limited to fitness for a particular purpose, merchantability, or non-infringement;

    • UpstartPrep shall not be liable for indirect, incidental, consequential, or punitive damages arising from your use of the Services.

     

    10. Indemnification

    You agree to indemnify and hold harmless UpstartPrep, its affiliates, officers, employees, and agents from any claims, damages, liabilities, losses, and expenses arising from your use of the Services or violation of these Terms.

     

    11. Termination

    UpstartPrep reserves the right to suspend or terminate your access to the Services at any time without notice for any violation of these Terms or for any reason.

     

    12. Governing Law and Dispute Resolution

    These Terms shall be governed by and construed under the laws of the State of [Your State], USA, without regard to its conflict of laws principles.

    Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, or as otherwise agreed.

     

    13. Changes to Terms

    We reserve the right to modify these Terms at any time. Continued use of the Services after changes constitutes acceptance of the revised Terms.

    14. Contact Information

    For questions, concerns, or to report violations related to intellectual property or accessibility, please contact us at:
    Email: admin@upstartprep.com

     

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