Agreement to these terms
These Terms of Service form a binding contract between you and Upkora Academy ("Upkora", "we", "us"). They apply when you browse upkoraacademy.com, submit an application, pay tuition or take part in a programme.
By creating an account, submitting an application or paying a deposit, you confirm that you have read these terms, that you accept them, and that you have the authority to do so.
Section 19 contains a binding arbitration agreement and a class action waiver. It affects how disputes between us are resolved. You can opt out of arbitration within 30 days of first accepting these terms.
Who may enrol
- You must be at least 18 years old to create an account and enrol on your own behalf.
- Applicants aged 16 or 17 may enrol only with a parent or legal guardian who signs the enrolment agreement and accepts financial responsibility.
- You must be able to form a binding contract under the laws that apply to you.
- You must not be located in, ordinarily resident in, or acting on behalf of anyone in a country or region subject to comprehensive United States sanctions, and you must not appear on any United States restricted party list.
- You must not have been previously removed from an Upkora programme for a conduct or academic integrity violation.
Our programmes are taught in English and delivered online. We do not guarantee that a programme is lawful or available in every jurisdiction, and you are responsible for complying with local law where you live.
Your account
You need an account to access lessons, submit work and track progress. Accounts are personal to you. Do not share your password, your session or your course access with anyone else.
- Give us accurate information and keep it current, including your email address.
- Keep your credentials confidential and use a password you do not reuse elsewhere.
- Tell us promptly if you believe your account has been accessed without your permission.
- You are responsible for activity that happens under your account, except where it results from our failure to meet our own security obligations.
Applications and admission
Submitting an application does not create a seat. Applications are reviewed for fit with the programme, and we may ask follow-up questions, request a short assessment or decline an application at our discretion.
A seat is confirmed when we issue an admission decision and your seat deposit has been received and cleared. Seats in a cohort are limited and are allocated in the order that confirmed deposits are received.
If we decline your application after you have paid a deposit, we refund that deposit in full to the original payment method.
Tuition, deposits and payment plans
Tuition is set per programme and per package, and the price shown at the time you enrol is the price that applies to you. Prices are stated in United States dollars and exclude any taxes that may apply where you live.
- Seat deposit
- A proportional deposit calculated as a percentage of your selected tuition, subject to a published minimum and maximum. The deposit is credited in full toward your tuition. It is not an additional fee.
- Pay in full
- Paying your remaining balance in a single payment before the decision deadline earns a published discount on the balance.
- Instalments
- Your deposit today, then the remaining balance plus a published instalment surcharge, spread across a fixed number of monthly payments. There is no credit check and the plan is open to every admitted learner.
- Decision deadline
- A published date before your cohort starts by which you must choose to pay in full or start an instalment plan. The current deadline for your cohort is shown during checkout and in your enrolment confirmation.
The instalment surcharge is a finance charge. The total you pay under an instalment plan is higher than the pay-in-full price. The exact deposit, monthly amount, number of payments, payment dates and total payable are shown to you before you authorise the plan, and are repeated in your confirmation email.
Payments are processed by Stripe. When you choose instalments you authorise us, through Stripe, to charge your saved payment method automatically on each scheduled date until the plan is complete. You may change your payment method at any time before a scheduled charge.
If a scheduled payment fails, Stripe will retry it according to its standard retry schedule and we will email you. If a payment remains unpaid 14 days after its due date, we may suspend access to course materials until the balance is brought current.
Cancellation and refunds
You may cancel your enrolment at any time by emailing us. Refunds are calculated from the date we receive your written cancellation, not from the date you stop attending.
- Cancel within seven calendar days of your first payment and before your cohort starts: you receive a full refund of everything you have paid, including the deposit.
- Cancel after seven days but on or before the decision deadline: you receive a full refund of everything you have paid, including the deposit.
- Cancel after the decision deadline but before your cohort starts: your deposit is no longer refundable. Any tuition you have paid beyond the deposit is refunded in full.
- Withdraw after your cohort starts and before you have been given access to more than half of the scheduled sessions: your deposit is not refunded, and tuition beyond the deposit is refunded on a pro-rata basis for the portion of the programme not yet delivered.
- Withdraw after you have been given access to more than half of the scheduled sessions: no refund is due, and any remaining scheduled instalment payments remain payable.
If we cancel a cohort, postpone it by more than 30 days, or fail to deliver the programme, you receive a full refund of everything you have paid for that cohort, regardless of the schedule above.
Refunds are issued to the original payment method within 30 days of the cancellation date. Where your state of residence provides a longer cancellation right or a more favourable refund calculation than the schedule above, that state rule applies instead.
Deferrals and cohort changes
You may request to defer to a later cohort of the same programme. Deferrals requested before your cohort starts are granted where a seat is available, and your payments transfer with you. One deferral per enrolment is free.
We may change the schedule, the instructor, the delivery platform or the order of the curriculum. Where a change materially reduces what the programme delivers, we will tell you and you may cancel for a full refund of amounts paid for the undelivered portion.
Course materials and your licence
Course materials, including lessons, recordings, slides, exercises, assessments, project briefs and templates, belong to Upkora or to the people who licensed them to us. They are protected by copyright and other intellectual property laws.
While you are enrolled and in good standing we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to access and use the materials for your own learning.
- Do not copy, sell, sublicense, publish or redistribute the materials.
- Do not record, screen capture or stream live sessions without our written permission.
- Do not share your account, your access link or downloaded materials with anyone else.
- Do not use the materials to build or train a competing course, and do not use automated tools to scrape them.
Code you write during the programme is yours. Starter code and scaffolding we provide remains ours, licensed to you for your own portfolio use.
Content you submit
You keep ownership of the work you submit, including code, written answers, projects and messages. You grant us a worldwide, royalty-free licence to host, store, reproduce and display that work for the purpose of running the programme, assessing your progress and providing feedback.
We will not publish your work publicly, use it in marketing or share it with an employer without asking you first. If you give us feedback about the programme, we may use it without obligation to you.
You are responsible for having the rights to whatever you submit. Do not upload confidential material belonging to an employer, personal data belonging to other people, or anything that infringes someone else’s rights.
Acceptable use
Our Code of Conduct sets the behavioural standard for every Upkora space. In addition, you agree not to do any of the following on our website or platform.
- Break the law, or use the platform to plan or carry out anything unlawful.
- Probe, scan or test the security of our systems except under our published vulnerability disclosure policy.
- Interfere with the service, overload it, or bypass rate limits, access controls or authentication.
- Impersonate anyone, misrepresent your identity, or use another learner’s account.
- Upload malware, or use the platform to distribute spam or phishing content.
- Harvest personal data about other learners, instructors or staff.
Live sessions and recordings
Live sessions may be recorded so that learners who cannot attend can catch up. If a session is being recorded we tell you at the start of that session.
Turning on your camera is never required. If you speak or appear on camera during a recorded session, you agree that the recording may be shared with other learners in your cohort. Tell the instructor before the session if you would prefer not to appear in a recording, and we will accommodate that.
Recordings are for enrolled learners only. Sharing a recording outside your cohort is a material breach of these terms.
Third-party services
We rely on third parties to run the service, including Stripe for payments, cloud hosting and content delivery providers, an email delivery provider, and video conferencing for live sessions. Your use of those services is also subject to their own terms and privacy policies.
We are not responsible for third-party websites, tools or content linked from our platform, including documentation, repositories and employer sites.
No guarantee of employment or earnings
We provide instruction, mentorship and career support. We do not promise that you will pass the programme, obtain a certification, receive an interview, receive a job offer, or earn any particular salary.
Nothing on our website, in our marketing, in a conversation with an admissions team member or in a mentorship session is a guarantee of a hiring outcome. Outcomes depend on your effort, your prior experience, the labour market and factors outside our control.
Disclaimers
Except as expressly stated in these terms, the service and all course materials are provided "as is" and "as available" without warranties of any kind. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant that the service will be uninterrupted, timely, secure or error free, or that defects will be corrected. Some states do not allow the exclusion of certain warranties, so parts of this section may not apply to you.
Limitation of liability
To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data or lost business opportunity, even if advised that such damages were possible.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these terms or the service is limited to the total amount you paid us in the 12 months before the event giving rise to the claim.
These limits do not apply to our liability for fraud, fraudulent misrepresentation, gross negligence, wilful misconduct, or any liability that cannot be limited under applicable law. Some states do not allow certain limitations, so parts of this section may not apply to you.
Indemnification
You agree to indemnify and hold harmless Upkora, its officers, employees, instructors and mentors from third-party claims, damages and reasonable legal costs arising out of your breach of these terms, your misuse of the service, your infringement of another person’s rights, or content you submit. We will tell you promptly about any such claim and let you control the defence, provided any settlement releases us fully.
Suspension and termination
You may close your account at any time. Closing your account does not by itself cancel your enrolment or cancel scheduled instalment payments; see the cancellation section for that.
We may suspend or terminate your access if you materially breach these terms or the Code of Conduct, if your payments remain unpaid, or if we are required to by law. Except where a violation is severe, we will give you notice and an opportunity to fix the problem first.
If we terminate your enrolment for a conduct or academic integrity violation, no refund is due. Sections covering intellectual property, disclaimers, liability, indemnity and dispute resolution survive termination.
Dispute resolution and arbitration
Before starting a formal proceeding, both of us agree to try to resolve the dispute informally. Send a written description of the dispute and the relief you want to our legal contact address. If we cannot resolve it within 60 days, either of us may begin arbitration.
Any dispute arising out of or relating to these terms or the service will be resolved by binding individual arbitration administered by JAMS under its consumer arbitration rules, before a single arbitrator. Arbitration will take place remotely, or in the county where you live if you request an in-person hearing. The Federal Arbitration Act governs this section.
- Both of us waive the right to a jury trial and the right to bring or take part in a class, collective or representative action. The arbitrator may not consolidate claims without both parties agreeing.
- Either of us may bring an individual claim in small claims court instead of arbitration, where the claim qualifies.
- You may opt out of this arbitration agreement by emailing our legal contact within 30 days of first accepting these terms, stating your name and that you are opting out. Opting out does not affect anything else in these terms.
- If the class action waiver is found unenforceable as to a claim, that claim proceeds in court and the rest of this section still applies to all other claims.
Governing law
These terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules, and by applicable United States federal law. Where a claim is not subject to arbitration, the state and federal courts located in New Castle County, Delaware have exclusive jurisdiction, and both of us consent to that venue.
Nothing in this section removes any consumer protection right available to you under the mandatory law of the state or country where you live.
Changes to these terms
We may update these terms. If a change materially affects your rights, we will email enrolled learners at least 30 days before it takes effect and update the date at the top of this page.
The tuition, refund schedule and payment plan terms that applied when you enrolled continue to apply to that enrolment. Later changes do not apply retroactively to a cohort you have already paid for.
General
- If any provision is found unenforceable, the rest of these terms remain in force.
- Our failure to enforce a provision is not a waiver of our right to enforce it later.
- You may not assign these terms. We may assign them in connection with a merger, acquisition or sale of assets.
- Neither party is liable for failure to perform caused by events outside its reasonable control.
- These terms, together with your enrolment confirmation and our Privacy Policy and Code of Conduct, are the entire agreement between us about the service.
- We send notices to the email address on your account. Send notices to us at our legal contact address.
Questions about this policy?
If anything here is unclear, ask before you enrol. We would rather explain a clause than argue about it later.
legal@upkoraacademy.com