Upwork Privacy Policy

Upwork's policy sets out the rules for using its platform, including how disputes are handled, how data is used, and who pays what fees. Unless you opt out, Upwork can permanently use your platform content to train AI models. Any dispute with Upwork must be resolved through individual arbitration — you give up your right to sue in court or join a class action.

This document establishes the terms governing Upwork users' rights and obligations on the platform, including a binding individual arbitration requirement with class-action waiver applicable to US users and their disputes with Upwork and its Affiliates. It grants Upwork an irrevocable, perpetual, royalty-free, worldwide license to use User Content for AI model improvement unless the user opts out on the Site, and imposes a 24-month payment exclusivity obligation tied to any Upwork Relationship. Users bear broad indemnification obligations covering their own and their agents' use of the Services, while Upwork's liability is capped at the lesser of $2,500 or fees retained in the preceding six months, with a further exclusion of all damages arising out of or in connection with the Terms of Service. Freelancers are solely responsible for Service Fees and all associated tax liability, clients bear sole responsibility for worker classification, and clients are prohibited from initiating chargebacks for any Freelancer Fees or other platform fees.

As an individual user, you give up court access and class-action rights for any dispute with Upwork, which must instead go to binding individual arbitration. Unless you opt out on the Site, Upwork holds a permanent, irrevocable license to use your messages and content to train AI models — and any license that attaches before you opt out cannot be rescinded. Freelancers receive less than the client pays because Service Fees are automatically deducted before disbursement, and Freelancers alone bear all associated tax obligations. If you want to preserve your content from AI training use going forward, you can opt out on the Site.