Terms of Service

Throughout this document, “Service” refers to the UpConext digital platform, including all features, functionalities, and content. The following terms carry specific meaning:

• “AI Content”means any text, roadmaps, diagnostics, or suggestions generated by the Service’s underlying artificial intelligence models.
• “Fees” means the applicable subscription charges for the AI Plus Monthly, 3-Month Sprint, or Enterprise tiers.
• “Platform” means the UpConext website, application, and career readiness tools.
• “Third-Party Providers” means external entities including but not limited to OpenAI, Google, Anthropic, and Clerk.

2.1 Minimum Age: You must be at least 16 years of age to access or use the Service. By creating an account, you represent and warrant that you meet this age requirement. If you are under 16, you are strictly prohibited from using the Service.

2.2 Verification: We reserve the right to implement age-assurance technology or request documentation to verify your eligibility. Failure to provide such verification upon request will result in immediate account termination.

2.3 Authority:If you are using the Service on behalf of a company or entity (an “Enterprise User”), you represent and warrant that you have the legal authority to bind that entity to these Terms.

2.4 Account Security: You are solely responsible for:

(a) Providing accurate, current, and complete registration information;

(b) Maintaining the strict confidentiality of your login credentials provided via our third-party authenticator (Clerk); and

(c) All activity that occurs under your account, whether authorized by you or not.

2.5 Single User Policy:Unless you have an Enterprise Subscription, accounts are for individual use only. Sharing login credentials or “pooling” a single subscription across multiple users is a material breach and will trigger the “Kill Switch” provisions in Section 8.

3.1 Informational Nature: The Service is an automated career-readiness tool. It does not provide professional legal, recruitment, or career counseling advice.

3.2 Service Availability: You acknowledge that the Service relies on Third-Party Providers. We are not liable for any service interruptions, API latency, or data inaccuracies caused by these third parties.

3.3 No Guarantee: We do not guarantee employment, specific salary outcomes, or the accuracy of market intelligence provided by AI models.

4.1 Tiers: Access is granted based on your selected tier.

4.2 Fair Use:To maintain platform integrity, “Full Access” is subject to our Fair Use Policy. We reserve the right to throttle or suspend accounts that exceed 20 Detailed AI Pulses (roadmap generations or deep diagnostics) per billing month.

4.3 Prohibition on Scraping:Any automated use of the Service, including “scraping” or “crawling” for data extraction, is a material breach of these Terms.

5.1 User Content: You retain ownership of your uploaded resumes and personal data.

5.2 Output License: We grant you a non-exclusive, non-transferable, revocable license to use AI Content for your personal, non-commercial career development.

5.3 Commercial Restriction: You are strictly prohibited from reselling, sub-licensing, or using AI Content to create a competing career advisory or coaching service.

5.4 Platform IP: UpConext retains all rights to its proprietary algorithms, prompt engineering sequences, and UI/UX design.

You agree to indemnify, defend, and hold harmless UpConext Pty Ltd from any claims, losses, or legal fees (including reasonable solicitor-client costs) arising from:

(a) Your breach of these Terms;

(b) Your upload of content that infringes on the intellectual property or trade secrets of a third party (e.g., your former employer); and

(c) Your misuse of AI Content in a professional or legal setting.

8.1 Immediate Suspension: We reserve the right to suspend or terminate your account immediately and without notice if we detect, in our sole discretion: (i) botting/automated activity; (ii) payment fraud; or (iii) unauthorized commercial exploitation.

8.2 Effect: Upon termination, your right to access the Platform ceases. No refunds shall be issued for terminations resulting from a breach of the Fair Use Policy or Acceptable Use terms.

9.1 Governing Law: These Terms are governed by the laws of New South Wales, Australia.

9.2 Mandatory Mediation: Before commencing any legal proceedings, the parties must attempt to resolve the dispute in good faith via formal mediation in Sydney, NSW. A party may not commence court proceedings (except for urgent interlocutory relief) until 30 days after a notice of dispute has been served.