Elance's Terms of Service: What You Should Know

Analyze TOS Elance's Terms of Service: What You Should Know

Elance's Terms of Service: What You Should Know

All paid and free services have a Terms of Service agreement that users must accept before using their platform. While you know that many TOS may have hidden clauses, some may be missing federal and state privacy laws clauses that could entitle you to compensation. Analyzing the lengthy Elance Terms of Service is necessary to ensure you understand what you are signing up for and if you can receive a payout for missing information. However, since the average consumer does not have the extra time needed before using a service to fully analyze the TOS, many are unaware of how Elance uses their personal information and whether the TOS violates any privacy laws.

DoNotPay makes it easier for average consumers to scan Elance Terms of Service for violations and, if applicable, get you the compensation you deserve. With the world's first robot lawyer analyzing the TOS before signing up with the company, you can feel more confident about providing your information online.

What You Need to Know About Elance Terms of Service

In 2015, what was formerly known as Elance-oDesk was rebranded as Upwork. The service remained the same to connect freelancers and companies needing highly-specific tasks completed but the rebrand makes searching for Elance Terms of Service more complex. If you have an old Elance account, you will reference the Upwork Terms of Service to understand what information the company collects and how it is used. 


Key Sections of Elance/Upwork Terms of Service

The Elance/Upwork TOS is extremely lengthy due to the website offering both freelancer accounts and company/agency accounts for those looking to hire talent. Under the terms of service, you'll find the following in-depth agreements:

  • User Agreement (Updated Dec. 8, 2021)
  • Terms of Use (Updated Aug. 17, 2021)
  • Any Hire Terms (Updated Dec. 10, 2021)
  • Direct Contract Terms (Updated April 27, 2021)
  • Freelancer Membership Policy (Updated Dec. 1, 2020)
  • API Terms of Use (Updated Dec. 14, 2016)
  • Upwork Payroll Agreement (Updated Nov. 1, 2018)
  • Escrow Instructions (Updated Dec. 10, 2021)
  • Fee and ACH Authorization Agreement (Updated Dec. 8, 2021)
  • Optional Service Contract Terms (Updated Dec. 22, 2021)
  • Upwork Mark Use Guidelines (Updated Aug. 18, 2021)
  • Upwork Virtual Patent Marking (Updated Aug. 7, 2020)
  • Proprietary Rights Infringement Reporting Procedures (Updated Dec. 6, 2021)
  • Privacy Policy (Updated Dec. 16, 2021)
  • Cookie Policy (Updated Jan. 22, 2021)
  • 'Upwork Team' Software License Agreement (Updated May 5, 2015)
  • Upwork Payroll Agreement (Updated Nov. 1, 2018)
  • Nondiscrimination Statement (Updated Sept. 22, 2020)

Does Elance Have An Arbitration Clause?

For United States users of Elance/Upwork services, Section 14 of the User Agreement references how disputes between the user and the company will be settled. First disputes are tried and settled informally and then, if needed, by arbitration.

How to Opt Out of the Elance/Upwork Arbitration Provision

If you first registered on the Upwork site within 30 days, you may opt out of the Arbitration Provision, allowing you to sue via court if disputes occur. To opt out, you must send a written or emailed notification to Attn: Legal, 655 Montgomery ST STE 490, DPT 17022, San Francisco, CA 94111-2676 or legalnotices@upwork.com. Include the following information in your written opt-out notification:

  • Account username
  • Name
  • Address
  • Telephone number
  • Email address
  • Statement indicating you wish to opt out of the Arbitration Provision

How to Spot Violations in Elance Terms of Service

With a recent Social Media Today infographic referencing that it would take 250 hours to properly read all the terms of service and privacy policies one accepts, it's not surprising that 97% of people, in the 18-34 age group, agree to TOS without reading it. Whether you're a freelancer or a business hiring talent, understanding Upwork's Terms of Service is essential to know your rights and receive compensation for any violations. 

  1. Familiarize yourself with potential violations in the TOS agreement by researching all state and federal privacy laws.
  2. Find Elance Terms of Service. Since Elance changed their name to Upwork in 2015, this will require referencing the Upwork TOS.
  3. Carefully analyze the company's TOS and keep an eye out for these important terms:
  • How your information will be shared with third-parties
  • Arbitration
  • Sections in ALL CAPS
  • Waivers or releases
  • Your right to content created on the platform
  • What happens upon cancelation
  1. To quickly identify sections related to the above terms, use CTRL+F or command+F to search for keywords, such as opt-out, waiver, arbitration, third-parties, or affiliates.
  2. Note any potential violations that could be grounds for lawsuits.
  3. Draft a demand letter with the compensation amount requested and explain the legal violations found with their service. It is best to consult professional legal advice to increase the chances of success when suing a large corporation.
  4. Send your letter to Upwork and wait for a response.

The complex process of reviewing current privacy laws, comparing TOS to these laws, and suing the company for violations can be overwhelming on your own. Luckily, DoNotPay makes the process of getting compensation for TOS violations easy and hassle-free.

Push the Easy Button for Analyzing Elance Terms of Service Using DoNotPay

Reading and identifying violations in Elance Terms of Service is an overwhelming and time-consuming process. Besides watching for hidden clauses, you must also understand your federal and state privacy rights when providing your information online. Since many users are unaware of whether a website is breaking the law, demanding compensation for violations is difficult. Luckily, DoNotPay is here to help you navigate Elance Terms of Service and get you payouts for any identified violations. We simplify the in-depth and overwhelming process of analyzing TOS and help you cash in on privacy laws violations in a company's TOS.

How to Analyze Terms of Service Using DoNotPay:

If you want to analyze Elance terms of service but don't know where to start, let DoNotPay do it for you in 5 easy steps:

  1. Go to the Analyze Terms and Services product on DoNotPay.


  2. Enter the website domain you would like to scan.


  3. Wait for DoNotPay to identify any legal violations on the website (it should only take a few seconds!) If there are violations, proceed to drafting a demand letter.


  4. Enter how much you want to receive in compensation and the company name.


  5. Enter your contact information so the company can contact you.


DoNotPay will generate a demand letter on your behalf with every legal violation we identified, so you can send it to the company.

While DoNotPay helps find Elance TOS violations with a quick scan, they can also help analyze any company's terms of service for violations and get you potential compensation:

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Take control of your privacy rights without the hassle with the help of DoNotPay!

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