Terms of Service

Last updated: February 21, 2026

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Up&Up platform ("Service"), operated by Up&Up ("Company", "we", "us", or "our"), a limited liability company registered in Nevada, USA. By accessing or using the Service, you agree to be bound by these Terms.

2. Service Description

Up&Up is an online assessment platform that enables employers to create, distribute, and manage candidate assessments. The Service includes AI-powered test generation, multiple question types (multiple choice, open text, typing tests, video responses, AI voice call interviews), video invigilation, automated scoring and candidate management tools.

3. Account Terms

  • You must be at least 18 years old to create an account.
  • You are responsible for maintaining the security of your account and password.
  • You are responsible for all activity that occurs under your account.
  • You must provide accurate and complete information when creating an account.
  • One person or legal entity may not maintain more than one free account.

4. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws.
  • Create assessments that discriminate based on protected characteristics.
  • Upload or transmit malicious content, viruses, or harmful code.
  • Attempt to access, tamper with, or use non-public areas of the Service.
  • Resell, sublicense, or redistribute the Service without written permission.
  • Use the Service to collect data in violation of applicable privacy laws.

5. Candidate Data Handling

When candidates take assessments through the Service, the following data may be collected depending on test configuration:

  • Video recordings: webcam footage recorded during invigilated assessments.
  • Screen recordings: screen share footage captured during proctored tests.
  • AI voice call recordings: audio and transcripts from AI-powered phone interviews.
  • Assessment responses: answers to questions including text, selections and typing data.
  • Invigilation metadata: tab switch counts, fullscreen exit events and timing data.

As the employer (account holder), you are the data controller for candidate data collected through your assessments. You are responsible for informing candidates about data collection and obtaining any required consent under applicable laws.

6. AI Usage Disclosure

The Service uses artificial intelligence in several ways:

  • Test generation: AI generates assessment questions from job descriptions.
  • Automated scoring: AI scores open-text responses and provides feedback.
  • AI voice interviews: AI conducts phone-style interviews with candidates.

AI-generated scores and assessments are advisory in nature and should not be the sole basis for hiring decisions. We recommend human review of all AI-generated results. The employer retains full discretion over hiring decisions.

7. Billing & Credits

  • Payment is processed securely through Stripe.
  • Subscription plans are billed monthly or annually as selected.
  • Credits are consumed when candidates submit assessments (1 credit per standard test, 2 credits for tests with AI voice calls).
  • Unused subscription credits expire at the end of each billing period.
  • Credit pack credits do not expire.
  • Used credits are non-refundable. Unused credit pack credits may be refunded within 30 days of purchase.
  • You may cancel your subscription at any time. Access continues until the end of the current billing period.

8. Video & Media Storage

Video recordings and media files are stored on Cloudflare R2 infrastructure. Storage limits vary by plan. Upon account termination or request, media files will be deleted within 30 days. You may request deletion of specific candidate recordings at any time by contacting support.

9. Intellectual Property

  • The Up&Up platform, including its design, code and features, is owned by Up&Up.
  • Employers retain ownership of their custom assessment content (questions, descriptions, configurations).
  • Candidate responses remain the property of the employer who created the assessment.
  • AI-generated questions may be used freely by the employer within the Service.

10. Limitation of Liability

To the maximum extent permitted by law, Up&Up shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service. Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim.

11. Termination

We may suspend or terminate your account at any time for violation of these Terms, with reasonable notice where practicable. You may terminate your account at any time by contacting support. Upon termination, your data will be retained for 30 days before permanent deletion, unless a longer retention period is required by law.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by the laws of the State of Nevada, USA, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in Clark County, Nevada.

14. Contact

If you have questions about these Terms, please contact us:

Up&Up
Email: hello@upandup.work