Terms of Use
These Terms explain what Upshores provides during public beta, how you may use it, and the boundaries both sides need to respect.
1. These Terms and the current operator
Effective date: August 1, 2026.
These Terms are an agreement between you and Michelle Lorraine Watts, the individual currently providing the service under the Upshores name. The contact address is Sai Ho Wan, Hong Kong Island, Hong Kong, and the support and legal email is support@upshores.com.
If a future company takes over the Upshores product, assets, and operations, we will give reasonable advance notice and, where permitted by applicable law, that company will assume the rights and obligations under these Terms.
2. The public-beta service
Upshores provides full TOEFL mock tests, section or task practice, response storage, answer explanations, Speaking and Writing assessment, learning reports, and the account and credit features needed to use them. Available content is shown in the product when you visit.
The service is in public beta. Features, questions, assessment methods, credit usage, and availability may change as testing continues. Some capabilities may be interrupted, limited, or withdrawn. We will try to avoid unnecessary impact on saved learning records.
3. Accounts and eligibility
Use an email address you can access and protect your password, verification codes, and login sessions. You are responsible for activity under your account. Contact support@upshores.com promptly if you discover unauthorised use.
If you have not reached the age at which you may independently enter these Terms where you live, use the service only with the agreement and supervision of a parent or legal guardian. You may not impersonate another person, transfer an account, or bypass account or entitlement restrictions.
4. Practice scores and AI feedback
Upshores scores, dimensions, explanations, and suggestions are produced by product rules and automated models for test preparation and learning reference only. They are not official results issued by ETS or another testing organisation, may not match a real test result, and do not guarantee a particular score improvement.
TOEFL and TOEFL iBT are registered trademarks of Educational Testing Service (ETS). Upshores is an independently developed preparation product and has no affiliation, sponsorship, or partnership with ETS.
You may report an evident technical or content error, but the public-beta service does not promise human grading, score changes, or human review of every automated result.
5. Your responses and the permission we need
You keep the rights you lawfully hold in your original text, recordings, and other responses. To save responses, create transcripts, generate scores and feedback, display reports, protect the service, and handle support, you give Upshores a non-exclusive permission to use that content only for those purposes and to let necessary service providers process it for us.
We do not take ownership of a response merely because you use the service, and we do not use identifiable responses to train general-purpose or commercial AI models unless we later explain that use clearly and obtain any consent required. Do not submit content you have no right to use, live-test recall material, or material that infringes privacy or intellectual-property rights.
6. Platform content and acceptable use
Upshores software, interfaces, question arrangement, explanations, report structures, branding, and other platform content are protected by applicable intellectual-property laws. We give you a revocable, non-transferable licence to access them only for personal test preparation.
You may not copy or distribute platform content in bulk; scrape, reverse engineer, attack, or interfere with the service; share, sell, or rent an account; automate credit consumption or bypass access controls; or use the service for fraud, infringement, or another unlawful purpose.
7. Beta credits and redemption codes
During public beta, we may issue practice credits or access through invitations, activities, or redemption codes. Unless the offer clearly says otherwise, these benefits are limited to the specified account, cannot be transferred, exchanged for cash, or combined across accounts.
Upshores does not currently offer online checkout through the website, subscriptions, or automatic renewal. If we arrange a manual credit purchase through a published contact channel, we will confirm the price, credit quantity, payment method, delivery arrangement, and applicable cancellation and refund conditions before taking payment. Do not pay unless you receive that confirmation.
The confirmation for a manual purchase and these Terms together form the relevant transaction terms. We will update the commercial terms before launching a standardised purchase flow and these Terms never authorise an undisclosed charge.
8. Changes, restrictions, and ending use
We may change the service for maintenance, security, provider changes, content corrections, or product testing. We may restrict or end access when an account presents a security risk, abuses the service, infringes rights, breaks the law, or materially violates these Terms, and will provide an explanation and appeal channel when reasonable.
You may stop using the service and may request account closure through support@upshores.com. After closure, information is handled under the Privacy Policy and any necessary legal, security, and backup cycles.
9. Limits, governing law, and contact
To the fullest extent permitted by applicable law, the public-beta service is provided as currently available. We do not promise uninterrupted operation, complete accuracy of every question or item of feedback, or fitness for a particular preparation goal. Nothing in these Terms excludes consumer rights or liability that cannot lawfully be excluded.
To the extent permitted by law, we are not responsible for indirect, incidental, or consequential loss arising from use of the free public-beta service. You remain responsible for evaluating learning suggestions and for registration, test arrangements, and decisions based on official results.
These Terms are governed by the laws of the Hong Kong Special Administrative Region. If a dispute arises, contact support@upshores.com first so both sides can try to resolve it in good faith. Rights to courts or consumer remedies available under applicable law are not restricted.