TERMS AND CONDITIONS
Last Updated: November 14, 2024
Welcome to UPI Study Inc. (“UPI Study,” “we,” “us,” or “our”). By accessing or using our website, courses, subscriptions, or other services (collectively, the "Services"), you agree to comply with and be legally bound by the following Terms and Conditions. If you do not agree with these terms, you must discontinue use of the Services immediately.
These Terms and Conditions constitute a binding agreement between you and UPI Study Inc. governing your use of all Services provided through our website at upistudy.com and any affiliated platforms.
For questions or concerns, you can contact us at:
- Email: [email protected]
- Mailing Address: 221 River St, 9th Floor, Hoboken, NJ, 07030
1. ELIGIBILITY
To use our Services, you affirm that you:
- Are at least 18 years of age, or if under 18, have the express consent of a parent or legal guardian.
- Have the legal authority and capacity to enter into these Terms.
- Are using the Services solely for lawful purposes and in compliance with all applicable laws and regulations.
Failure to meet these requirements may result in immediate termination of your account and Services.
2. ACCOUNT REGISTRATION AND SECURITY
When you create an account, you agree to:
- Provide accurate, current, and complete information.
- Keep your login credentials secure and confidential.
- Immediately notify UPI Study of unauthorized use or suspected security breaches.
Prohibited Uses of Your Account
- You may not share your account or allow others to access it.
- Accounts created with false information or on behalf of another individual without their consent will be terminated.
UPI Study reserves the right to suspend or terminate any account that violates these provisions.
3. SERVICES OFFERED
UPI Study provides educational courses, bundles, and subscriptions designed to support students in earning transferable college credits.
Service Limitations
- No Guaranteed Credit Acceptance: UPI Study facilitates credit transfers but does not guarantee acceptance by all institutions unless explicitly stated for certain bundles under our Refund Policy.
- Non-Accredited Platform: UPI Study is not a degree-granting institution and acts as an intermediary provider of course content recommended by ACE or NCCRS.
- Independent Verification: It is your responsibility to verify credit acceptance with your intended institution before purchase.
4. PRICING AND PAYMENT TERMS
Payment Requirements
- Payment for all courses, bundles, and subscriptions must be made in full at the time of purchase.
- Prices are listed in USD and may include applicable taxes or fees.
Subscriptions
- Subscriptions automatically renew unless canceled before the renewal date.
Non-Payment
Failure to complete payment may result in suspension of access to the purchased Services.
UPI Study reserves the right to adjust prices at any time, but price changes will not affect existing orders.
5. REFUND POLICY
Refunds for Bundles Over $1,200
You may request a refund if you meet the following conditions:
- Credits Not Accepted: Proof must be provided that your course credits were not accepted by the institution. or
- Insufficient Savings: Proof must be provided that your investment in the bundle did not result in sufficient cost savings.
Required Documentation:
To qualify for a refund, you must provide:
- Official communication from your institution rejecting the credits.
- Tuition receipts and living expense documentation proving insufficient savings.
- Screenshot or Email Confirmation that all of your courses have a 100% completion rate on your study dashboard and were submitted for evaluation to your university.
UPI Study’s Right to Offer Alternative Solutions:
Before issuing a refund, UPI Study reserves the right to:
- Recommend alternative courses or services from partnered platforms to fulfill your goals.
- Require you to complete recommended courses before becoming eligible for a refund.
Failure Clause: If you fail the recommended courses, UPI Study is not liable for the refund, and the responsibility lies with the student.
No Refunds for Individual Courses or Subscriptions
Refunds are not available for:
- Individual courses purchased.
- Subscription-based services.
Student Responsibility:
- It is solely your responsibility to verify that credits will be accepted by your institution before enrolling in any individual course or subscription.
- No exceptions will be made for failure to transfer credits.
Additional Points That Make a Student Ineligible for a Refund
When a student enrolls with UPI Study, UPI Study may, at its discretion, provide guidance on selecting college credits based on the student’s chosen major. However, if a student decides to switch universities, colleges, or majors, UPI Study is not responsible for any remaining course requirements or the availability of applicable credits through UPI Study or its partners.
If a student chooses to complete all available subjects at their university—subjects for which they could have earned credit through UPI Study or its partners—the responsibility lies entirely with the student. In such cases, no refund will be granted, as the student has forfeited the opportunity to utilize UPI Study's credit transfer options.
If a student is advised to take specific courses at a partner institution and fails to do so, UPI Study will not be held responsible for any resulting credit transfer issues. The student is solely responsible for following the recommended course pathway, and no refund will be issued in such cases.
6. INTELLECTUAL PROPERTY RIGHTS
All content and materials provided by UPI Study, including text, images, graphics, videos, and course materials, are protected by copyright, trademark, and other intellectual property laws.
Permitted Use:
- You are granted a non-transferable, non-exclusive license to access and use the content solely for personal, non-commercial purposes.
Prohibited Use:
You may not:
- Copy, distribute, or create derivative works of any content.
- Reverse-engineer or modify our platform or software.
- Use any content for commercial purposes without written permission.
Violations of intellectual property rights will result in termination of access and potential legal action.
Next, I will expand 7. Prohibited Conduct, 8. Limitation of Liability, and 9. Indemnification for additional protection.
Continuing with the Terms and Conditions:
7. PROHIBITED CONDUCT
By using UPI Study’s Services, you agree not to engage in the following prohibited activities:
Unauthorized Use:
- Hacking or Disruption: Attempting to access or interfere with our systems, servers, or network security.
- Unauthorized Access: Using another user’s account or providing false credentials to gain access.
Improper Content Use:
- Redistribution: Sharing, reselling, or redistributing any course content or materials.
- Inappropriate Use: Posting defamatory, abusive, or illegal content within our platform.
Misrepresentation or Fraud:
- False Identity: Creating accounts or purchasing services under a false identity.
- Misleading Claims: Providing falsified information for refunds or credit transfer appeals.
Compliance Violations:
You must not violate any applicable laws, regulations, or policies outlined in these Terms.
Violation of these provisions will result in immediate suspension or termination of access without a refund and may include legal action.
8. LIMITATION OF LIABILITY
To the fullest extent permitted by law, UPI Study Inc. will not be liable for:
Exclusion of Damages:
- Direct or Indirect Losses: Losses of revenue, data, or goodwill arising from use or inability to use the Services.
- Academic Outcomes: Failure to achieve desired academic or financial outcomes, including credit acceptance or transferability.
Limited Remedies:
Our total liability under any circumstances is limited to the amount paid for the Services that directly caused the claim.
This limitation applies to all claims, whether based on warranty, contract, tort, or other legal theory.
9. INDEMNIFICATION
You agree to indemnify and hold harmless UPI Study Inc., its affiliates, officers, directors, employees, agents, and partners from any claims, losses, liabilities, or expenses, including reasonable attorney fees, arising out of:
- Your breach of these Terms.
- Misuse of the Services, including unauthorized sharing or distribution.
- Infringement of third-party rights, including intellectual property or privacy.
- Any dispute between you and an academic institution regarding credit transfers.
This indemnification obligation will survive termination of your use of the Services.
10. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by and construed under the laws of the State of New Jersey, United States, without regard to conflict-of-law principles.
Dispute Resolution Process:
- Informal Negotiation: Users must contact UPI Study at [email protected] to attempt informal resolution before initiating legal action.
- Binding Arbitration:Any unresolved disputes will be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
- The arbitration will be held in Hoboken, New Jersey.
- Each party will bear its own legal costs, unless otherwise required by law.
Class Action Waiver:
You agree to resolve disputes on an individual basis and waive any right to participate in class or collective actions.
Next, I will finalize with 11. Termination, 12. Changes to the Terms, 13. Miscellaneous Provisions, and 14. Contact Information.
Continuing and finalizing the Terms and Conditions:
11. TERMINATION
Termination by UPI Study:
We reserve the right to suspend or terminate your access to the Services at any time without notice if:
- You breach any provisions of these Terms and Conditions.
- Your account is used for prohibited activities (see Section 7).
- Required payments are not completed.
- We are required to do so for legal or regulatory reasons.
Termination by You:
You may terminate your account at any time by contacting us at [email protected]. Upon termination:
- You will lose access to all purchased content and Services.
- No refunds will be issued unless explicitly stated in the Refund Policy (Section 5).
Surviving Provisions:
Sections related to intellectual property, liability limitations, indemnification, and dispute resolution will survive the termination of these Terms.
12. CHANGES TO THE TERMS
UPI Study Inc. reserves the right to modify or update these Terms and Conditions at any time.
Notification of Changes:
- Material changes will be announced via email or a notice on our website.
- Updates will be effective immediately upon posting unless otherwise specified.
Your Responsibility:
By continuing to use our Services after updates are made, you agree to the revised Terms. If you do not agree with the changes, you must stop using the Services immediately.
13. MISCELLANEOUS PROVISIONS
Entire Agreement:
These Terms constitute the complete agreement between you and UPI Study Inc., superseding all prior agreements related to the Services.
Severability:
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver:
Failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.
Assignment:
You may not assign or transfer your rights under these Terms without our prior written consent. UPI Study may assign or transfer its rights without restriction.
Force Majeure:
UPI Study Inc. is not liable for delays or failures in performance caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, government actions, or technical failures.
14. CONTACT INFORMATION
For questions, concerns, or disputes, please contact us:
- Email: [email protected]
- Website: upistudy.com
- Mailing Address:
UPI Study Inc.
221 River St, 9th Floor
Hoboken, NJ, 07030
We strive to respond to inquiries within 3-5 business days.
15. PRIVACY AND DATA COLLECTION
UPI Study Inc. respects your privacy and is committed to protecting your personal information. By using our Services, you agree to the collection, use, and disclosure of your information as outlined in our Privacy Policy.
1. Data We Collect
We collect personal data necessary for providing our Services, including but not limited to:
- Name, email address, and phone number.
- Payment details for transactions.
- Course progress and performance metrics.
2. SMS Data Usage
For SMS-related Services, we collect and process:
- Your phone number for communication purposes.
- Consent records confirming your agreement to receive SMS messages.
- Message history, including delivery status and timestamps.
Purpose of SMS Data:
- To provide updates, notifications, and support as requested by you.
- To facilitate account verification or transactional communications.
Your Rights Regarding SMS Data:
- You may opt out of receiving SMS messages at any time by replying “STOP.”
- Requests for data access, correction, or deletion can be made by contacting us at [email protected].
3. Data Security
We implement appropriate technical and organizational measures to protect your data against unauthorized access, use, or disclosure.
4. Sharing of Data
We only share your data with trusted third parties necessary for:
- Delivering SMS messages (e.g., Twilio or other service providers).
- Ensuring compliance with legal and regulatory obligations.
We do not sell your personal information to third parties.
5. Link to Full Privacy Policy
For detailed information on how we handle your data, please refer to our Privacy Policy.
FINAL NOTE
By using UPI Study’s Services, you confirm that you have read, understood, and agreed to these Terms and Conditions. If you do not agree, you must stop using the Services immediately.