Terms
Terms & Conditions
Effective date: August 25, 2026
1. Agreement
By creating an account or using Upskwela, you agree to these Terms, our Privacy Policy, Community Guidelines, and posted platform rules. If you do not agree, do not use Upskwela. These Terms are between you and Upskwela.
2. Eligibility and Accounts
- You must provide accurate account information and keep it updated.
- You are responsible for account security and all activity under your account.
- We may require identity verification for security or compliance.
- Identity verification becomes available after a creator or merchant's first completed sale or when they have an available payout balance, and must be completed before payout. One verified identity may operate only one active Upskwela account unless Upskwela approves another arrangement after review.
- You may not evade a restriction, suspension, payout hold, or ban by creating or using another account or identity.
3. Platform Role
- Upskwela provides technology, billing, and community tools.
- Creators control their content, pricing, schedules, and service delivery.
- Except where required by law, Upskwela is not a party to creator-learner contracts.
- Nothing in these Terms excludes duties or liabilities that apply to Upskwela under consumer, privacy, payment, internet-transaction, or other mandatory law.
4. Educational Purpose
- Upskwela is an education-only platform for teaching, learning, training, mentorship, academic or professional development, and the exchange of instructional resources.
- Communities and all content uploaded, published, promoted, or sold through Upskwela must have a genuine and primary educational purpose.
- Content that is unrelated to education is not allowed, even if it is offered for free or described as entertainment, promotion, or a business opportunity.
5. Acceptable Use
- No illegal activity, harassment, hate speech, threats, scams, or fraud.
- No plagiarism, piracy, copyright infringement, unauthorized copying or distribution, or sale of content you do not own or have permission to use.
- Do not copy or closely imitate another creator's or organization's distinctive name, logo, artwork, listing, description, branding, or overall presentation in a way likely to confuse people about source, ownership, sponsorship, endorsement, or affiliation.
- Do not impersonate another person, creator, organization, product, community, or service, or use their trademarks, logos, product names, identity, or promotional materials without authorization.
- No gambling, betting, wagering, lotteries, casino-style activity, or promotion or facilitation of those activities.
- No malware, phishing, scraping, spam, or unauthorized bots.
- Do not bypass Upskwela payments to avoid platform fees.
- Do not upload, publish, promote, or sell non-educational content.
- Do not sell or charge for content or offerings that are empty, placeholder-only, materially incomplete, or otherwise lack meaningful educational value consistent with their listing or description.
6. Content and Intellectual Property
- You keep ownership of content you create.
- You grant Upskwela a non-exclusive worldwide license to host, display, and process content for platform operations.
- If anyone purchases your content, this license continues after account termination or deletion and after the related community is archived, deleted, restricted, or banned, but only so Upskwela can preserve and deliver that content to eligible purchasers.
- You must have rights to your content and must not infringe others' rights.
- You represent that you own or are authorized to use the names, trademarks, logos, artwork, promotional materials, and other brand assets in your profile, community, course, event, coaching program, digital product, Shop product, or listing.
- Teaching the same subject, using common ideas or methods, making truthful comparisons, or using properly licensed material is allowed when your content and branding are independently created or authorized and do not mislead people about their source or affiliation.
- For an intellectual-property or copycat complaint, use the in-app reporting tools or email hello@upskwela.com. Identify the original work, mark, or listing; provide the affected Upskwela URL and supporting evidence; and state whether you are the rights holder, an authorized representative, or a person reporting likely deception.
7. Plans, Payments, and Refunds
- Paid plans are billed in advance and may auto-renew until canceled.
- You can cancel renewal at any time for future billing cycles.
- Prices and plan features may change with prior notice.
- A Freemium community with no qualifying community-management activity for at least 14 consecutive days may be automatically marked inactive. Upskwela checks Freemium community inactivity daily.
- While inactive, the community and its courses, events, digital products, shop products, and coaching offers may be hidden from Upskwela discovery surfaces. Inactivity does not delete the community or remove eligible purchasers' access under Section 8.
- The owner can reactivate the community from its community page. After reactivation, the community and eligible offers can become visible in discovery again, subject to these Terms and other platform rules.
- Refunds follow Upskwela refund rules or applicable law.
- Payment disputes and chargebacks may result in access limits and cost recovery where allowed.
8. Purchased Content Access
- After a completed purchase, the purchaser will retain account-specific access to the purchased content even if its owner deletes their account or the related community is archived, deleted, restricted, or banned.
- This continuing access is limited to eligible purchasers. It may not be transferred, shared, republished, copied, or distributed to anyone else.
- Continuing access does not apply when the specific purchased content is restricted, banned, or removed by an Upskwela administrator because of an intellectual-property complaint, illegality, safety risk, policy violation, or legal requirement.
- Access may also end if the purchase is refunded, reversed, charged back, fraudulent, or otherwise invalidated.
9. Creator Payouts and Taxes
- Payouts are processed via authorized providers and verification checks.
- We may use government-ID, liveness, document, duplicate-identity, device, and fraud checks to verify a creator. Potential matches may require manual review.
- Payout fees are separate from transaction fees on successful sales. For each payout, we deduct 1% of the requested amount (minimum PHP 15) plus a fixed PHP 11 Xendit processing fee from the creator's available balance. The payout recipient receives the requested amount. Published prices exclude applicable taxes.
- A payout request requires an available balance sufficient to cover both the requested payout amount and its fees.
- Refunds and chargebacks may be deducted from the available balance before payout.
- We may hold payouts for fraud, risk, legal, or compliance reviews.
- If a creator sells empty, placeholder-only, materially incomplete, or otherwise non-meaningful content or offerings, we may restrict or hold all or part of the creator's payouts until the issue is resolved to our satisfaction. Resolution may require correcting or completing the offering and providing any required purchaser remedy, including a refund.
- Creators are responsible for taxes unless withholding is required by law.
10. Third-Party Services
Upskwela may use third-party services for payments, analytics, storage, messaging, and security. Those services have their own terms and privacy policies.
11. Disclaimer and Liability
- Upskwela is provided "as is" and "as available".
- To the extent allowed by law, Upskwela is not liable for indirect or consequential damages.
- Total liability is limited to the higher of PHP 5,000 or fees you paid to Upskwela in the previous 60 days.
12. Moderation, Suspension, and Termination
- You may stop using Upskwela at any time.
- Confirmed plagiarism, piracy, gambling-related activity, or non-educational content will be taken down immediately. The responsible user account and associated community will be permanently banned.
- For other correctable violations, we will normally give notice and a correction period of 1 to 3 calendar days. The available period depends on the violation's nature and severity.
- During a credible copycat, impersonation, or intellectual-property review, we may temporarily limit discovery, new sales, access, or payouts for the affected offering while we preserve evidence and request proof of creation, ownership, permission, or affiliation. A temporary measure is not a final finding.
- After the correction period, we may remove content and restrict, suspend, or ban the user and community if our review finds that they still fail to comply. We may act immediately where required by law or necessary to address fraud or a serious safety risk.
- Confirmed deliberate impersonation, unauthorized use of protected content or branding, or deceptive copying may result in removal, refunds, payout restrictions, suspension, or a permanent ban. We reserve permanent bans for egregious, intentional, or repeated conduct and will not treat similarity of a topic, idea, method, or common format alone as proof of a violation.
- A person affected by a copycat or intellectual-property decision may respond or appeal with evidence of independent creation, ownership, license, permission, prior use, or other relevant context. Knowingly false or abusive reports may themselves result in restrictions or suspension.
- Failure to resolve empty, incomplete, or non-meaningful paid offerings, or intentional or repeated violations of that rule, may result in content removal, refunds, continued payout restrictions, suspension, or a permanent ban from Upskwela.
- Account deletion disables access and anonymizes the ordinary profile. We may retain limited encrypted identity evidence, keyed identity fingerprints, payment and tax records, consent history, complaints, and relevant audit material for the periods in our Privacy Policy when necessary for legal, tax, dispute, purchaser-access, and fraud prevention purposes.
- A legal hold may suspend scheduled deletion of specific records during a complaint, chargeback, investigation, subpoena, or reasonably anticipated legal claim.
- Moderation or termination of a creator account or community does not by itself remove eligible purchasers' access under Section 8. Access ends only when an exception in that section applies.
13. Governing Law
These Terms are governed by Philippine law. Unless law says otherwise, disputes are handled in Quezon City, Metro Manila.
14. Contact
For legal concerns, email hello@upskwela.com.