UpWia
Terms of Service
Last updated: August 14, 2026
These Terms of Service (“Terms”) govern your access to and use of the UpWia website and the services we provide: software development engagements for business clients, and career placement services for graduate candidates, across the United States, Canada, the European Union, and Australia. By using our website or engaging our services, you agree to these Terms and to our Privacy Policy. If you don’t agree, please don’t use our website or services.
1. Our Services
UpWia provides two distinct services:
- Software development for business clients: project-based development work (web systems, internal tools, automation) across our four markets. The specific scope, deliverables, timeline, and fees for any engagement are set out in a separate scoping agreement, not on this website.
- Placement services for candidates: profile building, employer matching, interview preparation, and placement support for graduate candidates in our servicing countries. This includes our H-1B Visa Guide, which provides employer-sponsorship matching and process guidance for candidates already graduated in a servicing country. That guidance is informational only, not legal or immigration advice, and isn’t a substitute for a licensed immigration attorney.
UpWia does not guarantee a specific business outcome, interview, job offer, or placement. Our standard candidate placement fee is 12%, due only once you’re placed, never upfront, and it’s explained in full during intake before you commit to anything. The final terms of your engagement, business or candidate, are confirmed in your individual service or placement agreement.
2. Eligibility
You must be at least 18 years old and able to form a binding contract to use our services. By using our website or services, you confirm that you meet this requirement.
3. Your Responsibilities
You agree to provide accurate, current, and complete information when engaging with us, whether as a business client scoping a project or a candidate building a placement profile, and to keep it updated. You’re responsible for your own use of our website, including the security of any account credentials.
4. Acceptable Use
You agree not to use our website or services to:
- Violate any applicable law or regulation
- Submit false, misleading, or fraudulent information, including misrepresenting your qualifications, work authorization, or business details
- Impersonate any person or entity
- Interfere with or disrupt our website, including through unauthorized automated access, viruses, or attacks on our systems
- Infringe on the intellectual property or other rights of UpWia or any third party
5. Candidate Placement Terms
As a candidate, you understand and agree that:
- UpWia refers your profile to prospective employers in our hiring network as part of the placement process; you consent to this sharing, described further in our Privacy Policy.
- Placement is not guaranteed. We provide profile building, matching, and interview support, but hiring decisions are made by the employer, not UpWia.
- Guidance related to work authorization, including our H-1B Visa Guide, is process and employer-matching guidance only. It is not legal or immigration advice and does not create an attorney-client relationship. For case-specific or filing questions, consult a licensed immigration attorney.
- Our standard candidate placement fee is 12%, due only once you're placed, never upfront. It's explained during intake before you commit to anything, and the final terms are confirmed in your individual placement agreement.
6. Business Client Terms
As a business client, your specific engagement, including scope, deliverables, pricing, and timeline, is governed by a separate scoping or service agreement entered into directly with UpWia. These Terms apply to your general use of our website; where a signed agreement conflicts with these Terms on a specific point, the signed agreement controls for that engagement.
7. Intellectual Property
The UpWia website and its content, including text, graphics, logos, and design, are owned by UpWia or our licensors and protected by copyright, trademark, and other intellectual property laws. You may view and print website content for personal, non-commercial reference. You may not copy, modify, distribute, or create derivative works from our website content without our written permission. Ownership of deliverables produced under a specific client engagement is governed by that engagement’s own agreement, not by these Terms.
8. Confidentiality
We treat information you share with us, including business project details and candidate personal and career information, as confidential and handle it in accordance with our Privacy Policy and, where applicable, the confidentiality terms of your specific engagement agreement.
9. Third-Party Links
Our website may link to third-party websites, including prospective employers’ sites during the placement process. We don’t control and aren’t responsible for the content or practices of third-party sites.
10. Disclaimers
Our website and services are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We don’t warrant that our website will be uninterrupted, error-free, or completely secure, or that any placement, interview, or business outcome will result from using our services.
11. Limitation of Liability
To the fullest extent permitted by law, UpWia and its officers, employees, and agents won’t be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, business, or data, arising out of or relating to your use of our website or services, even if we’ve been advised of the possibility of such damages. Our total liability for any claim relating to our website or services will not exceed the amount you paid to UpWia for the specific service giving rise to the claim in the twelve months before the claim arose.
12. Indemnification
You agree to defend, indemnify, and hold harmless UpWia and its officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your misuse of our website or services, or the information you provide to us.
13. Termination
We may suspend or terminate your access to our website or services at any time, including for a violation of these Terms. Provisions that by their nature should survive termination, including intellectual property, confidentiality, disclaimers, and limitation of liability, will survive.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or our services will be resolved in the state or federal courts located in Delaware, and you consent to the jurisdiction of those courts. If you’re located in the European Union, Switzerland, Norway, or Iceland, the governing law and forum will instead be the laws and courts of your usual place of residence.
15. Changes to These Terms
We may update these Terms from time to time. Changes take effect once posted here with a new “Last updated” date. Continuing to use our website or services after changes are posted means you accept the updated Terms.
16. Contact Us
Questions about these Terms: business inquiries can reach us at info@upwia.io. Candidates can also use placement@upwia.io.