Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Upstart Network, Inc. ("Upstart," "we," "us," or "our"). By using our website, mobile application, or services, you accept these Terms in full.

If you do not agree with any part of these Terms, you must not use our services.

2. Eligibility

To use Upstart's services, you must:

• Be at least 18 years of age
• Be a U.S. citizen or permanent resident
• Have a valid Social Security number
• Have a minimum annual income of $12,000
• Reside in a state where Upstart operates
• Have a valid bank account in your name
• Provide accurate and truthful information

3. Account Registration

Account Creation

To apply for a loan, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information promptly
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

Account Termination

We reserve the right to suspend or terminate your account for violations of these Terms, fraudulent activity, or any other reason at our discretion.

4. Loan Terms & Conditions

Loan Marketplace

Upstart operates as a lending marketplace. Loans are made by our bank and credit union partners, not by Upstart. We facilitate the connection between borrowers and lenders using our AI technology.

Loan Application

• Submitting an application does not guarantee approval
• Checking your rate results in a soft credit inquiry (no impact to credit score)
• Accepting a loan offer results in a hard credit inquiry
• All loan terms are provided in your loan agreement
• You are responsible for reading and understanding all loan documents

Repayment Obligations

By accepting a loan, you agree to repay the full amount borrowed plus interest and any applicable fees according to the repayment schedule outlined in your loan agreement.

5. User Responsibilities

You are responsible for:

• Providing accurate and truthful information on your application
• Reading and understanding all loan documents before accepting
• Making timely payments according to your loan agreement
• Notifying us of changes to your contact information
• Keeping your account secure
• Using our services only for lawful purposes

6. Prohibited Uses

You may NOT use Upstart's services to:

• Provide false or misleading information
• Engage in fraudulent activities
• Use loans for illegal purposes
• Use loans for business purposes (Online Loans only)
• Use loans for post-secondary educational expenses
• Attempt to manipulate or interfere with our platform
• Violate any applicable laws or regulations
• Harass, threaten, or abuse our staff or other users

7. Intellectual Property

All content on the Upstart platform, including but not limited to text, graphics, logos, software, and AI algorithms, is the property of Upstart and protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works without our express written permission.

8. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW:

• Our services are provided "AS IS" and "AS AVAILABLE"
• We make no warranties, express or implied, regarding our services
• We do not guarantee loan approval or specific interest rates
• We are not responsible for actions of our lending partners
• We do not provide financial, legal, or tax advice

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UPSTART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

Our total liability to you for any claim arising from your use of our services shall not exceed the amount you paid to us in the past 12 months.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

11. Dispute Resolution

Arbitration Agreement

Any dispute arising from these Terms or your use of our services shall be resolved through binding arbitration, except for disputes that may be taken to small claims court.

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS.

Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or to prevent irreparable harm.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending email notification to your registered email address
• Displaying a prominent notice on our platform

Continued use of our services after changes constitutes acceptance of the modified Terms.

13. Contact Information