Upwork Terms of Service [SPA-QUARANTINE: needs human capture]

Upwork's Terms of Service set the rules for everyone who uses the platform — Clients hiring freelancers and Freelancers doing the work. Once a payment is processed, Clients generally cannot get a refund and cannot ask their bank to reverse the charge. Any dispute with Upwork must go through individual binding arbitration rather than a court, and users give up the right to a jury trial or to join others in a class-action lawsuit.

This document establishes the binding terms under which Upwork makes its platform available exclusively for business purposes, governing the rights and obligations of Clients, Freelancers, and Upwork itself. Upwork grants itself an irrevocable, perpetual, royalty-free, worldwide license to use User Content to improve AI models unless a user opts out on the Site, and reserves sole discretion for its Payment Escrow to hold, offset, or redirect funds in Escrow Accounts. Clients bear sole responsibility and all liability for worker classification decisions, are contractually prohibited from initiating chargebacks for any fees charged under the Terms of Service, and have no general refund right for Freelancer Fees once processed except as the Escrow Instructions specifically permit. All disputes among users, Upwork, and its Affiliates must be resolved through binding individual arbitration, with all rights to jury trial or court trial before a judge expressly waived, and class or collective actions prohibited.

Because Upwork offers its Services for business purposes only, users operate in a business context rather than as consumers. As a Freelancer, Upwork charges a service fee on every amount you invoice, and you bear sole responsibility for all taxes on payments received through the platform. As a Client, you alone are responsible for determining whether the people you hire are independent contractors or employees, and once a Freelancer Fee is charged to your Payment Method it is non-refundable — with chargebacks contractually prohibited for any reason. Upwork's Payment Escrow may hold, offset, or redirect funds in your Escrow Account in its sole discretion. Unless you opt out on the Site, Upwork holds a permanent, irrevocable license to use content you send or receive on the platform to improve its AI models — opting out on the Site is the one action available to limit that license going forward.