| Before | After | ||
|---|---|---|---|
| 3926 | MCP Beta Participation Terms Version 1.1 Effective June 30th 2026 Download Table of Contents MCP Beta Participation Terms Introduction and Scope These MCP Beta Participation Terms (the " Beta Participation Terms " or " Terms ") govern your participation (a " Participant " or " you ") in the private beta of Upwork's Model Context Protocol server (the " MCP Beta "), operated and made available by Upwork Global LLC (" Upwork " or " us "). | 3926 | MCP Beta Participation Terms Version 1.2 Effective July 7th 2026 Download Table of Contents MCP Beta Participation Terms 1. |
| 3927 | Introduction and Scope These MCP Beta Participation Terms (the " Beta Participation Terms " or " Terms ") govern your participation (a " Participant " or " you ") in the private beta of Upwork's Model Context Protocol server (the " MCP Beta "), operated and made available by Upwork Global LLC (" Upwork " or " us "). | ||
| 3934 | To the extent these Beta Participation Terms conflict with any of those incorporated documents, those documents control, except where these Beta Participation Terms expressly state a beta-specific term, in which case the beta-specific term controls solely for the duration and scope of the beta. | 3935 | To the extent these Beta Participation Terms conflict with any of those incorporated documents, those documents control, except where these Beta Participation Terms expressly state a beta-specific term, in which case the beta-specific term controls solely for the duration and scope of the beta. 2. |
| 3945 | Any capability not listed above (including any action that moves, funds, approves, releases, or refunds money, and any fully autonomous hiring or matching) is outside the scope of the MCP Beta and is not authorized. | 3946 | Any capability not listed above (including any action that moves, funds, approves, releases, or refunds money, and any fully autonomous hiring or matching) is outside the scope of the MCP Beta and is not authorized. 3. |
| 3949 | Participation is non-exclusive and optional, and is in addition to your ordinary use of the Upwork Site. | 3950 | Participation is non-exclusive and optional, and is in addition to your ordinary use of the Upwork Site. 4. |
| 3952 | The Agent may surface, prepare, and link you to that page, but you (not the Agent) complete the binding step. | 3953 | The Agent may surface, prepare, and link you to that page, but you (not the Agent) complete the binding step. 5. |
| 3956 | You agree not to remove, obscure, or misrepresent this label, and not to present Agent-generated content as if a human produced it without Agent involvement. | 3957 | You agree not to remove, obscure, or misrepresent this label, and not to present Agent-generated content as if a human produced it without Agent involvement. 6. |
| 3962 | See Section 10.1 for the third-party AI-Tool terms and money restriction. | 3963 | See Section 10.1 for the third-party AI-Tool terms and money restriction. 7. |
| 3966 | Upwork will provide advance notice of pricing changes consistent with the User Agreement; any rate limits that apply during the beta are as Upwork communicates to you and are not set here. | 3967 | Upwork will provide advance notice of pricing changes consistent with the User Agreement; any rate limits that apply during the beta are as Upwork communicates to you and are not set here. 8. |
| 3972 | To the extent ownership is available, you own the proposals, messages, and other materials an Agent produces for you in the MCP Beta, on the same basis as if you had authored them yourself, subject to the user-content and intellectual-property provisions of the Terms of Service , applicable law, and any third-party which you access the Site through. | 3973 | To the extent ownership is available, you own the proposals, messages, and other materials an Agent produces for you in the MCP Beta, on the same basis as if you had authored them yourself, subject to the user-content and intellectual-property provisions of the Terms of Service , applicable law, and any third-party which you access the Site through. 9. |
| 3977 | To the extent ownership is available, you own the job posts, invitations, messages, and other materials an Agent produces for you in the MCP Beta, on the same basis as if you had authored them yourself, subject to the user-content and intellectual-property provisions of the Terms of Service , applicable law, and any third-party which you access the Site through. | 3978 | To the extent ownership is available, you own the job posts, invitations, messages, and other materials an Agent produces for you in the MCP Beta, on the same basis as if you had authored them yourself, subject to the user-content and intellectual-property provisions of the Terms of Service , applicable law, and any third-party which you access the Site through. 10. |
| 3978 | Terms Applicable to All Participants These terms apply to your participation in the MCP Beta whether you are a freelancer or a client. | 3979 | Terms Applicable to All Participants These terms apply to your participation in the MCP Beta whether you are a freelancer or a client. 10.1 Third-Party AI Tool and Layered Terms You access the MCP Beta through a third-party service provider whose technology powers an AI Tool that you choose and configure (for example, Claude, Claude Code, or Cursor) (" Provider "), and your use of that AI Tool is also governed by its Provider's own terms and policies including their terms of service, usage policies, and other applicable agreements published by a Provider that govern access to or use of the AI Tool, as updated from time to time (" Provider Terms "). |
| 3979 | Third-Party AI Tool and Layered Terms You access the MCP Beta through a third-party service provider whose technology powers an AI Tool that you choose and configure (for example, Claude, Claude Code, or Cursor) (" Provider "), and your use of that AI Tool is also governed by its Provider's own terms and policies including their terms of service, usage policies, and other applicable agreements published by a Provider that govern access to or use of the AI Tool, as updated from time to time (" Provider Terms "). | — | Removed |
| 3982 | This is an Upwork beta-scope restriction and applies regardless of what your AI Tool would otherwise permit. | 3982 | This is an Upwork beta-scope restriction and applies regardless of what your AI Tool would otherwise permit. 10.2 Data, Privacy, and Counterparty Data You acknowledge that, to provide the capabilities you authorize, the MCP Beta sends Upwork data to your AI Tool, operated by a third party outside Upwork (i.e the Provider). |
| 3983 | Data, Privacy, and Counterparty Data You acknowledge that, to provide the capabilities you authorize, the MCP Beta sends Upwork data to your AI Tool, operated by a third party outside Upwork (i.e the Provider). | — | Removed |
| 3988 | In all cases, your use of the AI Tool must be in compliance with Upwork's Privacy Policy . | 3987 | In all cases, your use of the AI Tool must be in compliance with Upwork's Privacy Policy . 10.3 Data Retention and Deletion Upwork retains data generated through the MCP Beta in compliance with its standard data retention policy as described in the Privacy Policy . |
| 3989 | Data Retention and Deletion Upwork retains data generated through the MCP Beta in compliance with its standard data retention policy as described in the Privacy Policy . | — | Removed |
| 3991 | We recommend you review the Provider Terms for more information on how those third parties retain their data. | 3989 | We recommend you review the Provider Terms for more information on how those third parties retain their data. 10.4 Authentication and Permission Scope You connect your AI Tool to Upwork using OAuth (an authorization-code flow with PKCE), authenticating through Upwork's authorization and consent screen with your credentials whitelisted for the beta. |
| 3992 | Authentication and Permission Scope You connect your AI Tool to Upwork using OAuth (an authorization-code flow with PKCE), authenticating through Upwork's authorization and consent screen with your credentials whitelisted for the beta. | — | Removed |
| 3995 | You may revoke your Agent’s access at any time through the App Authorization Page , and Upwork may revoke your credentials at any time; revoking access ends the Agent's ability to act for you going forward. | 3992 | You may revoke your Agent’s access at any time through the App Authorization Page , and Upwork may revoke your credentials at any time; revoking access ends the Agent's ability to act for you going forward. 10.5 Upwork Intellectual Property Rights As between you and Upwork, Upwork retains all right, title, and interest, including all IP Rights, in and to the MCP Beta, the underlying systems and platform, and any improvements, modifications, or derivative works thereof. |
| 3996 | Upwork Intellectual Property Rights As between you and Upwork, Upwork retains all right, title, and interest, including all IP Rights, in and to the MCP Beta, the underlying systems and platform, and any improvements, modifications, or derivative works thereof. | — | Removed |
| 3999 | For purposes of these Beta Participation Terms, "IP Rights" means all forms of intellectual property rights and protections throughout the world, including, but not limited to: (a) patents, patent applications, and all reissuances, continuations, continuations-in-part, revisions, extensions, and reexaminations thereof; (b) copyrights; (c) Internet domain names, trademarks, service marks, and trade dress, together with all goodwill associated therewith; (d) trade secrets; (e) rights in databases and designs (ornamental or otherwise); (f) moral rights, rights of privacy, rights of publicity, and similar rights; and (g) any other proprietary rights and protections, whether currently existing or hereafter developed or acquired, whether published or unpublished, arising under statutory law, common law, or by contract, and whether or not perfected, including all applications, disclosures, and registrations with respect thereto. | 3995 | For purposes of these Beta Participation Terms, "IP Rights" means all forms of intellectual property rights and protections throughout the world, including, but not limited to: (a) patents, patent applications, and all reissuances, continuations, continuations-in-part, revisions, extensions, and reexaminations thereof; (b) copyrights; (c) Internet domain names, trademarks, service marks, and trade dress, together with all goodwill associated therewith; (d) trade secrets; (e) rights in databases and designs (ornamental or otherwise); (f) moral rights, rights of privacy, rights of publicity, and similar rights; and (g) any other proprietary rights and protections, whether currently existing or hereafter developed or acquired, whether published or unpublished, arising under statutory law, common law, or by contract, and whether or not perfected, including all applications, disclosures, and registrations with respect thereto. 10.6 Feedback Upwork may solicit or receive suggestions, ideas, observations, comments, and other feedback from you about the MCP Beta, including about its features, functionality, performance, usability, or errors (collectively, " Feedback "). |
| 4000 | Feedback Upwork may solicit or receive suggestions, ideas, observations, comments, and other feedback from you about the MCP Beta, including about its features, functionality, performance, usability, or errors (collectively, " Feedback "). | — | Removed |
| 4006 | Unlike some other Upwork beta programs, the MCP Beta involves no exchange of Feedback as payment or consideration. | 4001 | Unlike some other Upwork beta programs, the MCP Beta involves no exchange of Feedback as payment or consideration. 10.7 Confidentiality You agree to maintain the confidentiality of non-public information exchanged in connection with the MCP Beta, in accordance with Upwork's Terms of Service , including the confidentiality terms in the User Agreement , and to use it only as necessary for your participation. |
| 4007 | Confidentiality You agree to maintain the confidentiality of non-public information exchanged in connection with the MCP Beta, in accordance with Upwork's Terms of Service , including the confidentiality terms in the User Agreement , and to use it only as necessary for your participation. | 4002 | You also agree that the MCP Beta itself, including its existence, technical and business information, program structure, operational workflows, commercial models, the identity of other Participants, and any business terms Upwork discloses to you about it, is confidential and proprietary to Upwork. 10.8 No Control or Supervision by Upwork; Disputes Upwork's role in the MCP Beta is limited to making the capabilities available; it does not manage, supervise, direct, or verify an Agent, your AI Tool, or their output, and provides no input into an Agent's operational parameters. |
| 4008 | You also agree that the MCP Beta itself, including its existence, technical and business information, program structure, operational workflows, commercial models, the identity of other Participants, and any business terms Upwork discloses to you about it, is confidential and proprietary to Upwork. | — | Removed |
| 4009 | No Control or Supervision by Upwork; Disputes Upwork's role in the MCP Beta is limited to making the capabilities available; it does not manage, supervise, direct, or verify an Agent, your AI Tool, or their output, and provides no input into an Agent's operational parameters. | — | Removed |
| 4013 | Any dispute between you and another user of the Site arising from an action in the MCP Beta is to be handled between you and that user; Upwork may, but is not obligated to, facilitate an informal resolution. | 4006 | Any dispute between you and another user of the Site arising from an action in the MCP Beta is to be handled between you and that user; Upwork may, but is not obligated to, facilitate an informal resolution. 10.9 Representations and Warranties; Indemnification You represent and warrant that: (i) you have the right to submit all content that you and/or an Agent submit through the MCP Beta; (ii) you have the authority to grant the rights and assignments described in these Terms; (iii) you have implemented reasonable safeguards to prevent ingestion of sensitive or proprietary data; and (iv) you and an Agent will comply with applicable laws and will not produce unlawful, infringing, harmful or misleading content. |
| 4014 | Representations and Warranties; Indemnification You represent and warrant that: (i) you have the right to submit all content that you and/or an Agent submit through the MCP Beta; (ii) you have the authority to grant the rights and assignments described in these Terms; (iii) you have implemented reasonable safeguards to prevent ingestion of sensitive or proprietary data; and (iv) you and an Agent will comply with applicable laws and will not produce unlawful, infringing, harmful or misleading content. | 4007 | You agree to indemnify, defend, and hold harmless Upwork, its officers, directors, employees, and affiliates from and against any claims arising out of or related to: (i) your use of the MCP Beta; (ii) the actions or omissions of you or an Agent; (iii) your breach of these Beta Participation Terms; (iv) any violation of applicable law by you or an Agent; (v) any allegation that content you or an Agent submitted or used infringes a third party's intellectual property rights; (vi) your use of your AI Tool or any other third-party products or services used in connection with the MCP Beta; and (vii) any use of the MCP Beta by another person using your Upwork account credentials. 10.10 Beta Disclaimer; Limitation of Liability The MCP Beta is a beta and is provided "as is" and "as available," with all faults and without warranties of any kind, express or implied. |
| 4015 | You agree to indemnify, defend, and hold harmless Upwork, its officers, directors, employees, and affiliates from and against any claims arising out of or related to: (i) your use of the MCP Beta; (ii) the actions or omissions of you or an Agent; (iii) your breach of these Beta Participation Terms; (iv) any violation of applicable law by you or an Agent; (v) any allegation that content you or an Agent submitted or used infringes a third party's intellectual property rights; (vi) your use of your AI Tool or any other third-party products or services used in connection with the MCP Beta; and (vii) any use of the MCP Beta by another person using your Upwork account credentials. | — | Removed |
| 4016 | Beta Disclaimer; Limitation of Liability The MCP Beta is a beta and is provided "as is" and "as available," with all faults and without warranties of any kind, express or implied. | — | Removed |
| 4027 | This Section is a beta-specific term and expressly controls. | 4018 | This Section is a beta-specific term and expressly controls. 10.11 Logo Rights By participating in the MCP Beta, you grant Upwork a non-exclusive, royalty-free license to use your name, logo, and related trademarks in connection with materials promoting the MCP Beta. |
| 4028 | Logo Rights By participating in the MCP Beta, you grant Upwork a non-exclusive, royalty-free license to use your name, logo, and related trademarks in connection with materials promoting the MCP Beta. | — | Removed |
| 4030 | This Section does not obligate either party to engage in co-marketing. | 4020 | This Section does not obligate either party to engage in co-marketing. 10.12 Suspension, Termination, and Survival Participation in the MCP Beta is optional and subject to Upwork's discretion. |
| 4031 | Suspension, Termination, and Survival Participation in the MCP Beta is optional and subject to Upwork's discretion. | — | Removed |
| 4035 | The following survive termination of your participation or of the MCP Beta: the confidentiality obligations (Section 10.7), the IP ownership and Outputs license (Section 10.5), the feedback assignment (Section 10.6), the ownership and data provisions (Sections 8, 9, and 10.2), the beta disclaimer and limitation of liability (Section 10.9), the no-liability and dispute terms (Section 10.7), and the indemnification obligations (Section 10.8). | 4024 | The following survive termination of your participation or of the MCP Beta: the confidentiality obligations (Section 10.7), the IP ownership and Outputs license (Section 10.5), the feedback assignment (Section 10.6), the ownership and data provisions (Sections 8, 9, and 10.2), the beta disclaimer and limitation of liability (Section 10.9), the no-liability and dispute terms (Section 10.7), and the indemnification obligations (Section 10.8). 10.13 General Nothing in these Beta Participation Terms creates a joint venture, partnership, or employment relationship between you and Upwork. |
| 4036 | General Nothing in these Beta Participation Terms creates a joint venture, partnership, or employment relationship between you and Upwork. | — | Removed |
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