Our Legal Policies

Please read these closely! They are the terms you're agreeing to when you sign up and use UPchieve.

If you have any questions, comments, or concerns about our Services, Terms of Service, Privacy Policy, or other agreements you may contact us.

Terms of Service

Date of Last Revision: June 16, 2024

These Terms of Service (“Terms” or “Terms of Service”) explain your rights and obligations in using app.upchieve.org (“Website”), owned and operated by UPchieve (“UPchieve” or “we” or “us”). We refer to our Website visitors as users ("Users"), whether as a guest, registered user, volunteer, or person seeking academic services for a student or him or herself, of UPchieve’s Services ("Services").

These Terms, together with our Privacy Policy and Disclaimer, form the agreement with you regarding the use of the Website (the "User Agreement").

Please read the Terms carefully. By continuing to use the Services, you agree that you have read and are bound by these Terms. If you do not agree to these Terms, you must not use the Website or engage in UPchieve’s Services.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.

These Terms include important agreements about your rights and the rights of UPchieve, including a binding agreement about how to resolve any disputes between us connected to the Services. See HOW WE WILL RESOLVE CONFLICTS BETWEEN US CONCERNING THE SERVICES.

These Terms will also govern any dispute between us in connection with the Privacy Policy.

DESCRIPTION OF SERVICES. THE WEBSITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH FACILITATES ACADEMIC SERVICES. YOU UNDERSTAND AND AGREE THAT UPCHIEVE DISCOURAGES THE SHARING OF PERSONALLY IDENTIFIABLE INFORMATION BETWEEN USERS AND IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS. AS MORE FULLY DETAILED BELOW AND TO THE FULLEST PERMITTED BY APPLICABLE LAW, UPCHIEVE DISCLAIMS ALL LIABILITY RELATED TO THE ACADEMIC SERVICES OR THE CONDUCT OF USERS OF THE WEBSITE. ACCORDINGLY, ANY MEETINGS (VIRTUAL OR OTHERWISE) BETWEEN USERS OR ANY OTHER THIRD PARTIES ARE DONE AT THE PARTIES' SOLE RISK

AVAILABILITY OF SERVICES. THE WEBSITE IS NOT AVAILABLE TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY UPCHIEVE. By using or registering an account for the Website, you represent (a) that you have read and agree to these Terms, the Privacy Policy, and Disclaimers; (b) that you have not been previously suspended or removed from the Website by UPchieve; and (d) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.

SERVICES MAY INCLUDE INTERACTIVE ACCOUNTS. In using the Services, you may be provided with the opportunity to upload information, data, or content specific to you ("Account Information"). You may be provided with the opportunity to upload this Account Information on your username and password protected Account. Our provision of any such interactivity is a Service governed by these Terms. You are responsible for keeping your username and password secure. If you believe that there has been unauthorized access to your username, password or identity, please contact us as soon as possible so that we can work together to limit the damage. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

DISCLAIMER OF LIABILITY OF USER BEHAVIOR. You are solely responsible for your communications and interactions with other users and with other persons whom you communicate or interact with as a result of the Website or Services. You understand that UPchieve makes no representations or warranties as to the conduct of other users of the website. UPchieve encourages you to take reasonable precautions when using the app and to refrain from sharing personally identifiable information (such as your phone number, email address, full name, etc.).

ONLINE SERVICES SUBJECT TO CHANGE. You agree that we may change or discontinue the Services in our sole discretion and without prior notice. You agree that you will not rely on the continued availability of the Services in taking any action, refraining from any action, or entering into any commitment.

CONTENT NOT RETAINED FOREVER. You agree that any Account you may create via these Services may be terminated, and/or some or all of the associated Account Information deleted, following a period of inactivity. Such deletion may be done without prior notice.

IF IMPORTANT, KEEP A COPY. You agree that, unless otherwise specified, any Account Information which you upload or provide via the Services may be modified or deleted without prior notice and at UPchieve’s sole discretion. Therefore, to the extent that any Account Information has importance to you, you agree to maintain an original copy separate from these Services.

Your Responsibility When Using the Services

YOUR LIABILITY. You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys' fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.

PROHIBITED USE OF THE SERVICES. You may not post, upload, email or otherwise transmit on UPchieve’s Website content of any kind that are, within the sole discretion of UPchieve, determined to be commercial, illegal, offensive or potentially harmful to others.

YOU AGREE NOT TO:

  1. Use the Website for any commercial use or purpose unless expressly permitted by UPchieve in writing, it being understood that the Website and related services are intended for personal, non-commercial use only;
  2. Post, upload, or distribute any defamatory, libelous, or inaccurate content;
  3. Post, upload, or distribute any other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, discriminatory, or otherwise inappropriate;
  4. Impersonate any person or entity, falsely claim an affiliation with any person or entity, access the Website accounts of others without permission, or perform any other fraudulent activity;
  5. Send unsolicited offers, advertisements, proposals, junk mail, or spam to other Users of the Website (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
  6. Use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; or
  7. Defame, harass, abuse, threaten or defraud Users of the Website; or
  8. Collect, or attempt to collect, personal information about Users of the Website or third parties.

YOU MUST KEEP YOUR EMAIL ADDRESS UP TO DATE. If you change your e-mail address or other contact information used by UPchieve to communicate with you electronically, you must notify UPchieve of the change immediately by logging on to the Website and updating your profile to reflect the correct email address or contacting us.

If you do not update or change an incorrect e-mail address or other incorrect contact information, you understand and agree that any notices, statements or other communications sent to you by UPchieve will still be considered to have been provided to you if they were made available to you in electronic form on the Website or e-mailed to the e-mail address we have for you in our records. UPchieve reserves the right, if we choose, to restrict your ability to use the Services if we believe that the e-mail address you provided is incorrect.

Security and privacy of personal information

Your privacy is important to UPchieve. Please read the UPchieve Privacy Policy, hereby incorporated into the Terms, carefully for information relating to UPchieve’s collection, use, and disclosure of your personal information.

Retention and Use of Anonymized Data

By using UPchieve's services, you acknowledge and agree that anonymized transcripts and chat logs from your tutoring sessions, with all identifying information removed, may be retained by UPchieve indefinitely for legal comliance, quality assurance, product improvement, and academic research, even after deletion of your account and personal information. You assign UPchieve an irrevocable, perpetual, worldwide license to use such anonymized data for the aforementioned purposes.

How We Will Resolve Conflicts Between Us Concerning the Services

DISPUTE RESOLUTION -- VENUE. You agree to be subject to the jurisdiction of New York. You agree that any dispute between you and us will be resolved in New York County, New York to the exclusion of any other potential venue.

NO CLASS ACTIONS; NO JURY TRIAL. You agree that you will only sue us as an individual in any dispute connected with the Services. You agree that you will not file a class action or participate in a class action. You agree that you will not join any claim you may have against us with the claim of any third party. You waive any right to a trial by jury.

BINDING ARBITRATION. You and we agree that, at the election of either party, any dispute connected with Services between us may be sent to binding individual (non-class) arbitration to be administered by JAMS, Inc. ("JAMS"). If, for any reason, JAMS is not available or will not hear the case, you or we may file our case with any national arbitration company. You and we agree that the arbitrator shall not have any power to consider, hear, entertain, or grant any class arbitration.

STANDARD OF CARE. You agree that our sole obligation to you in connection with the Services is to provide the Services as-is. You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Services, we will not be liable to you or to any third party.

LIMITATIONS ON LIABILITY. If, for any reason, we are judged liable to you in connection with the Services, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss. You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you. You understand and agree that the price of these Services would be significantly higher but for these limitations on liability. This limitation on liability shall not be construed to apply to any damages or other substantive remedies available via statute.

WE'RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES. You also agree that we are not responsible for anything beyond our control. For example, we are not liable: for Service interruptions caused by problems with the communications network; for problems caused by any Internet service provider; for your computer or its programs failing; for the acts of criminal attackers, whether in real-time or automated (e.g., viruses); for other technologically harmful material that may infect your computer equipment, computer programs, data or proprietary material due to your use of the Websites or to your downloading of any content on it, or on any website linked to it; or for errors in information provided to us upon which we reasonably rely. These are only examples. We assume no responsibility for the content of other websites linked on the Website. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Changes to the Terms of Service

TERMINATION BY US. We reserve the right to terminate this User Agreement in our sole discretion. We may terminate this User Agreement prior to sending you written notification. For example, we will terminate the account of any User who threatens or harasses any other User.

MODIFICATIONS. UPchieve reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and other sections of the User Agreement periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, UPchieve will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after UPchieve makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

Privacy Policy

Date of Last Revision: June 16, 2024

UPchieve takes your privacy seriously. We know you trust us to help with your homework and college applications, and we want you to know that you can trust us to keep your personal information safe.

The below Privacy Policy (“Policy”) explains UPchieve’s collection, use, and disclosure of your personal information in connection with our website, app.upchieve.org (“Website”). We refer to our Website visitors as users ("Users"), whether as a guest, registered user, volunteer, or person seeking academic services for a student or him or herself, of UPchieve’s Services ("Services").

Please read the Policy carefully. By continuing to use the Services, you agree that you have read and are bound by this Policy. If you do not agree to this Policy, you must not use the Website or engage in UPchieve’s Services.

Why We Need Your Personal Information

UPchieve strives to connect Users (in particular, students and volunteers) in order to help students succeed in their classes and in the college application process. However, in order to help us improve our Services and obtain funding to continue providing these Services to you, we collect personal information about you. Here are some examples of what we use your personal information to do:

  • Store chat logs and whiteboard pictures from your sessions for screening purposes, product features and improvements, academic research, and legal obligations
  • Contact you about your account, including, but not limited to, changes to the Terms of Service or UPchieve's Services
  • Ask you for your feedback to help make our Services better
  • Respond to your requests for information or assistance
  • Consolidate anonymized information about Users in order to apply for and maintain funding
  • If you were referred by a partner organization, provide that partner organization with information on your usage of the Services

We also collect your name and email address when you log in to our site using Google SSO, which helps us to create and manage your account, offering a more seamless user experience.

Because we care about your privacy, there are several things we promise we will never do:

  • We WILL NOT sell your personal information to anyone
  • We WILL NOT send you promotional mail or advertisements
  • We WILL NOT give anyone except key staff members (defined below) and in special cases relevant federal authorities (explained below) access to personally identifiable information, such as your full name, gender, age, high school, or contact information

What Personal Information We Collect

Information we collect from you may include, but is not limited to, your:

All users

  • Email address
  • Full name
  • Name and email address from Google (when using Google SSO for sign-in)
  • Birthdate
  • General location: such as zip code, city, or country
  • Account Data, including chat logs, feedback, and actions on the site
  • Device information, including:
    • IP Address
    • Operating system
    • Browser type and version (if accessing the service through a web browser)
    • Mobile device identifier (if accessing the service through a mobile app)
  • Cookies: see our Cookie Policy for details

Students

  • School

Volunteers

  • ID
  • Work status
  • LinkedIn Profile (optionally)

How We Collect and Store Your Personal Information

We collect information about you in the following ways:

  • Information you give us. You may give us personal information during account registration, through editing your account profile, or through feedback forms or contact forms on our Website.
  • Information we get from your use of our Services. When you use our Website, we collect information including but not limited to: which Services you use, at what time you use the Services, and how long your interactions with other Users last.
  • Information we collect automatically. When you use our Site, we also collect information and analytics about how you interact with our Site through technologies like cookies.

Information collected is hosted in the U.S. and subject to U.S. state and federal law. Users who access our Services from other jurisdictions transfer their information to the United States, where data protection and privacy laws may be less stringent than the laws of the originating country.

We also collect your personal information when you choose to log in to our site using Google SSO, a third-party service. When using Google SSO, you share with us certain information provided by Google, which currently includes your name and email address. Please note that the privacy policies of Google also apply.

Opting Out of Communications

With your consent, from time to time we will communicate with you concerning our Services, including requests for future support. By using Google SSO to log into our site, you give us consent to use your name and email for communications related to our Services. To opt-out of receiving these communications, you may click on the “unsubscribe” link in any email communications.

Update, Correct, or Delete Your Personal Information

You can visit the Profile section of our Site at any time to see some of the personal information we have collected about you. You can update most of this information on the Site, but you may also contact us.

UPchieve will retain the information about you for as long as your account remains active.

Android and iOS app users may request full deletion of their account, which makes it inaccessible while we manually process removal of the data. All othyer users may request deletion of their personal information at any time by contacting us. Learn how to do so by reading our help article.

UPchieve will delete the requested information within 30 days of receiving the request. Deleted information will include name, email, phone number, and any other uniquely identifying information. UPchieve will also make reasonable efforts to delete the user's information from any third-party systems it has been shared with.

We will fully delete most data about you, but there are exceptions. We keep transcripts and content generated in tutoring sessions or other services you participated in to support legal responsibilities as well as continuity of support for other participants in those provided services. Also, please be aware we share minimal personal information to third-party processors for the purposes listed in our Privacy Policy, and while we will take every effort possible to ensure they also delete your data within our timeline, they may act according to their own policies that we have limited control over.

Who Has Access to Your Personal Information

Now you know how and why we collect information - but who actually has access to it? Don't worry - UPchieve gives other Users and UPchieve staff members limited access to your information. In particular:

Other users

Other Users may only view your first name and the data you share with them through our Services, including but not limited to help request form content, feedback, whiteboard and document editor content, and transcripts from tutoring sessions.

Providing personally identifiable information or contact information (such as your full name or your email address) to another User through the website is a breach of our Terms of Service. We take additional efforts to strip personal information accidentally shared while using our Services before use, but no solution is perfect, so we cannot guarantee we are able to remove personal information if it is there when it should not be. We strongly encourage all Users to follow internet safety practices and use caution even when interacting with other Users. For more information on best internet safety practices specifically for teens, check out WebMD's article.

UPchieve staff members

  • Designated staff members may receive your name, email address, and any additional information you submit in order to support you should you use one of the forms on our Website (such as the “Contact Us” form or the in-app help widget).
  • Designated staff members may access specific information connected with your account for purposes such as moderation, screening chat logs.
  • Information collected through Google SSO, such as your name and email, may also be accessed by certain UPchieve staff members for account management and user support purposes.
  • Anonymous session data,** stripped of any identifying user information, may be retained and analyzed by UPchieve staff for quality assurance, product improvements, research, and compliance purposes, even after a user has deleted their account.

Partner Organizations associated with your account

If you were referred by a partner organization, such as a school, nonprofit program, or employer, we may share information regarding your usage of the app, such as how many times you used our Services, with that partner. This information will not be anonymized.

Teacher Users and joining a Class

For student users, if you opt to join a teacher's class by entering their class code, that teacher will have access to information regarding your usage of the app, such as how many times you used our Services, for how long, and in what subject.  This information will not be anonymized. This includes usage data from before you joined the class. We will never add your account to a Teacher's class without you entering the class code or otherwise opting in.

How we share your data

Third-party service providers

We may share your personal information with third-party service providers who assist us in delivering and improving our services. These providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. The following third-party service providers may access the expressed personal information only for the listed purposes:

  • Microsoft Azure
    • Data accessible:
      • content shared while using our Services (e.g., whiteboard content and transcripts)
    • Purposes: content hosting
  • Cloudflare
    • Data accessible:
      • device information (e.g., IP address, browser type, operating system)
      • some usage data (e.g., page requested)
    • Purposes:
      • content delivery (CDN)
      • DDoS mitigation
      • web application firewall
  • Aiven
    • Data accessible:
      • all account data (e.g., email address, hashed password, account settings)
      • session metadata (e.g., start time, duration, participants)
    • Purposes:
      • managed database hosting
      • data analytics and reporting
  • Twilio
    • Data accessible:
      • name
      • email
      • phone number
    • Purposes: email and SMS communication
  • Gleap
    • Data accessible:
      • device information (e.g., IP address, browser type, operating system)
      • some usage data (e.g., page requested)
      • name if shared
      • email if shared
    • Purposes:
      • user support
      • user feedback collection
      • bug reporting
  • Zoom
    • Data accessible:
      • name
      • email
      • video and audio data
    • Purposes:
      • video conferencing for user interviews
  • Google
    • Data accessible:
      • name
      • email
      • video and audio data
    • Purposes:
      • video conferencing for user interviews and usability testing
      • G Suite tools for scheduling

We share completely anonymized usage data with other providers to help us maintain and improve our Services:

For Safety or Legal Reasons

If we have reason to believe that disclosing your personal information is required by law, is reasonable to protect someone from possible injury, or is required as part of an internal or external legal investigation, we may do so. This includes information collected through Google SSO. We will not share your name or email address obtained via Google SSO with any third parties, except as required by law or to protect our rights, property, or safety, as well as those of our users or the public.

Academic research purposes

Completely anonymized information, with no personally identifiable data, may be shared with academic researchers to support scholarly work related to the efficacy of our Services and general online tutoring and mentoring. This anonymized data will not pertain to any one individual and it will not be possible to identify any individuals that may or may not be included. For example, we may share aggregate statistics such as the average session duration or the most common subjects students requested help with. Academic researchers will not have access to any personal information. If you would like to be excluded from research data shared in this way, please contact us.

In our public reports

Completely anonymized and consolidated information will be shared in our annual reports (which will be available on our Website to all visitors) and in our applications for funding. Anonymized and consolidated means that the information will not pertain to any one individual and it will not be possible to identify any individuals that may or may not be included. For example, we may share statistics such as X percent of students who used our services were the first in their family to attend college or Y percent of students said they thought our services were helpful. If you would like to be excluded from these statistics, please contact us.

In our marketing materials, on request

On occasion, additional staff members may also ask for your permission to quote feedback from one of your submitted feedback forms. However, we will never share anything from your feedback forms without receiving prior permission.

External links

Our Site may include links to external websites. UPchieve is not responsible for the privacy practices of these websites and we encourage you to review and understand their privacy practices and policies prior to providing any personal information to them.

Cookie Policy

What a cookie is

A Cookie is a small file that can be placed on your device that allows us to recognize and remember you. It is sent to your browser and stored on your computer’s hard drive. When you visit our sites, we may collect information from you automatically through cookies or similar technology, such as a tag, pixel, or other web beacon.

How we use cookies

We use Cookies in a range of ways to improve your experience on our site, including by keeping you logged in, and providing us with an understanding of how you use and interact with our Site. Ultimately, this allows us to provide the Service that you receive on our Site and app.

Other organizations also collect user information on our Site through Cookies, tags and pixels. Tags and pixels, also known as web beacons, are similar to Cookies but are collected through embedded images. Using Cookies and other technologies allows other organizations to help us to analyze how our site is being used, and measure the number of visitors to the site.

We use third-party services, including Google Analytics and Posthog to gather general information about how visitors use our Site for website optimization and analytics. To find out more about Google Analytics' privacy policies, please visit the following link: http://www.google.com/policies/privacy/partners/. For further details about Posthog, please see https://www.posthog.com. We use a service called Gleap to handle user error reports. We use a service called NewRelic to track errors and performance of our applications. Both use cookies on our site. We also use Google SSO as a part of our services, which utilizes cookies for its operation. For details about how Google uses cookies, please see their Cookie Policy. For all of the above services, the only people with access to data are our staff members. While the data is sent to a third party to process, they are not allowed to view any of the data coming from our system.

How to opt out of cookies

You may choose opt-out from the use of Cookies on your computer by selecting the appropriate settings in your browser. Be aware that opting-out may affect your ability to use all the features of the Site. Because a Cookie is stored on your computer, it is always possible for you to view, modify or delete it.

It is also possible to stop your browser from accepting Cookies altogether by changing your browser’s Cookie settings. You can usually find these settings in the “Options” or “Preferences” menu of your browser. The following links may be helpful, or you can use the “Help” option in your browser.

Changes to the Privacy Policy

UPchieve reserves the right, at our discretion, to change, modify, add, or remove portions of the Policy at any time. For any material changes to the Policy, we will make a reasonable effort to provide notice to you of such changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.

If you have any questions about this Privacy Policy, please contact us.

Volunteer Agreement

Date of Last Revision: May 12, 2017

The below Volunteer Agreement (“Volunteer Agreement”) applies only to volunteers and covers your rights and obligations in connection with our website, app.upchieve.org (“Website”). We refer to our Website visitors who select "Volunteer" during account creation as volunteers ("Volunteers").

Please read the Volunteer Agreement carefully. By continuing to use the Website, you agree that you have read and are bound by this Volunteer Agreement. If you do not agree to this Volunteer Agreement, you must not use the Website.

You have agreed to work as a volunteer for UPchieve and do so of your own volition, and any services you perform under this Agreement will be performed strictly in a volunteer capacity. You acknowledge that, as a volunteer, your time and service in this capacity are given without promise, expectation or receipt of any form of compensation, benefits or other remuneration by UPchieve or any other person or entity.

You agree that you, your assignees, heirs, guardians and legal representatives will not make any claim against or sue UPchieve or its employees, officers, directors, agents or contractors for any injury or damage resulting from the negligence or other acts, however caused, by UPchieve or any of its employees, officers, directors, agents, contractors, recipients of services provided by UPchieve, or any other person in connection with your work as a volunteer for UPchieve. YOU HEREBY RELEASE AND FOREVER DISCHARGE UPCHIEVE AND ITS EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, AGENTS AND CONTRACTORS FROM ALL ACTIONS, CLAIMS OR DEMANDS THAT YOU, YOUR HEIRS, GUARDIANS AND LEGAL REPRESENTATIVES NOW HAVE OR MAY HAVE IN THE FUTURE, FOR ANY AND ALL INJURY OR DAMAGE RESULTING FROM YOUR WORK AS A VOLUNTEER FOR UPCHIEVE.

You agree to indemnify, defend and hold harmless UPchieve and its employees, officers, directors, agents, contractors and volunteers from any loss, liability, damage, or cost it may incur due to or in any way connected with your work as a volunteer for UPchieve, whether caused by the negligence of UPchieve or otherwise.

In connection with your work as a volunteer for UPchieve, you understand and acknowledge that you may receive (without regard to intention, mode or medium of communication) information about the individuals to whom UPchieve provides services. You shall treat all such information as absolutely confidential, and will not disclose such information to any person other than as strictly necessary in connection with your work as a volunteer for UPchieve.

You authorize UPchieve and/or any third party acting on UPchieve’s behalf to conduct or otherwise carry out an investigation of your background, references, character, past employment, consumer reports, driving history, credit history, education, criminal history and such other information that may be required in connection with your application for volunteerism.

You understand and agree that any materials or tools provided by or on behalf of UPchieve are and shall remain the property of UPchieve. No licenses or rights under any patent, copyright, trademark, trade name, trade secret or other intellectual property are granted or are implied to be granted to you or any other person by reason of this Agreement or your work as a volunteer for UPchieve.

You agree that UPchieve may terminate this Agreement, and/or your participation as a volunteer for UPchieve, at any time, without notice or cause.

Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule, such invalidity, illegality or unenforceability will not affect any other provision or the enforcement of such provision, and such invalid, void or otherwise unenforceable provisions shall be null and void. To the fullest extent permitted by law, any invalid, void or otherwise enforceable provisions shall be automatically replaced by other provisions which are as similar as possible to such terms but are valid and enforceable.

Jurisdiction & Waiver of Jury Trial

This Agreement shall be governed and construed in accordance with the laws of the State of New York, without regard to the laws of conflict of laws. You agree that any dispute regarding the interpretation or validity of, or otherwise arising out of this Agreement, shall be subject to the exclusive jurisdiction of the federal or state courts located in New York, New York, and you hereby agree to submit to the personal and exclusive jurisdiction and venue of such courts and not to seek the transfer of any case or proceeding out of such courts. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

This Agreement represents the entire understanding and agreement relating to your work as a volunteer for UPchieve and the matters contained herein, and may only be amended, modified or waived by a separate writing executed by UPchieve and you expressly setting forth such amendment, modification or waiver.

Contact us

For any questions or requests related to these terms, please contact us via our in-app support widget, using the Contact Us form on our website, or emailing us at: support@upchieve.org.