Skillfull, Inc. Terms of Service
SECTION 14 OF THESE TERMS INCLUDES AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST SKILLFULL IN THE UNITED STATES. PLEASE READ ALL TERMS CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS.
1. Scope of Service
The Service enables users to both provide and avail of content for free or for payment. As the provider of the Service, Skillfull does not own, control, offer, or manage any Content.
When you either supply or avail of content through Skillfull, a contract is formed directly between the recipient and the supplier of content and you agree to abide by all terms and conditions of Skillfull and the content supplier. Skillfull is not a party to the contracts concluded directly between recipients and Suppliers. If the Supplier’s terms and conditions conflict with these Terms, these Terms apply with respect to your relationship with Skillfull.
2. Who can use Skillfull
You may use our Service only if you are a citizen or legal resident of the United States and reside in the United State. You may use our Service only if you can form a binding contract with Skillfull, and only in compliance with these Terms and all applicable laws. You will be required to register an account with Skillfull in order to access and use the features of the Service. When you create your Skillfull account, you must provide us with accurate and complete information, and you must keep your account information up-to-date. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Service may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Service, and these Terms will apply to such upgrades.
You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify us at firstname.lastname@example.org if you suspect that your credentials have been lost or stolen or your account is otherwise compromised. Skillfull is not responsible or liable for any loss or damage arising from your failure to safeguard your account.
Note that these terms of service are for United States residents. Non-United States Residents are not currently authorized to use the Service of Skillfull and are required to not sign-up. When non-United States residents are able to sign-up for Skillfull Service, a specific Terms of Service will be made available on this site.
3. Our license to you
Subject to these Terms and our policies (including our Community guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
4. Your content
a. Posting content
Skillfull allows you to post content, including photos, documents, comments, links, and other materials. Anything that you post or otherwise make available on our Service is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Skillfull.
b. How Skillfull and other users can use your content
You grant Skillfull and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Skillfull solely for the purposes of operating, developing, providing, and using the Skillfull Service. Nothing in these Terms shall restrict other legal rights Skillfull may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Skillfull, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Skillfull and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Skillfull.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Skillfull better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Skillfull does not waive any rights to use similar or related Feedback previously known to Skillfull, or developed by its employees, or obtained from sources other than you
5. Copyright policy
Skillfull respects the intellectual property rights of others and we expect people on Skillfull to do the same. It’s our policy—in appropriate circumstances and at our discretion—to disable or terminate content that infringes or is charged with infringing copyrights or other intellectual property rights, as well as disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights.
In keeping with the Digital Millennium Copyright Act, which you can read at the US Copyright Office website, we’ll respond quickly to claims of copyright infringement on Skillfull that are reported to email@example.com.
If you’re a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringements on Skillfull by completing the DMCA Notice of Alleged Infringement and sending it to firstname.lastname@example.org.
When we get your DMCA notice, we’ll take whatever action we think is appropriate, which may include removing the reported content from Skillfull.
If we remove content in response to a DMCA notice, we may notify the person who saved it on Skillfull so they have the opportunity to send a counter-notice. We may also send a complete copy of the notice to others, as appropriate.
6. Prohibited Activities
The content and information on the Service, as well as the infrastructure used to provide them, are proprietary to Skillfull or our Users, Suppliers or partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell the Service or any information, software, products, or services obtained from or through the Service. Additionally, you agree not to:
- Use bots, crawlers, scrapers, or other automated means or any manual process to access, monitor, copy, or collect data or other content from or otherwise interact with the Service without our express written permission;
- Use any equipment or application to capture or copy video, presentations or other materials from the Service or other Users or providers without prior written approval;
- Hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Service or its content;
- Decipher, decompile, disassemble, or reverse engineer the Application or any of the software or hardware used to provide the Service;
- Take any action that could impose an unreasonable or disproportionately large load on our infrastructure or otherwise damage or adversely affect the performance or proper functioning of the Service;
- Violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service;
- Deep-link to any portion of the Application for any purpose without our express written consent;
- Use, copy, display, mirror, or frame any part of the Service, its content, or any page layout or design without our express written consent;
- Use the Service or its contents for any commercial purpose;
- Use, the name, logo, branding, or trademarks of Skillfull or others without permission;
- Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on the Service;
- Make any speculative, false, or fraudulent reservation;
- Attempt to impersonate another person, account, or entity, including a representative of Skillfull;
- Use the Service in a manner that violates any travel or similar policy related to your employment;
- Engage in conduct that is discriminatory, threatening, harassing, or otherwise offensive;
- Offer or solicit prostitution or participate in or facilitate human trafficking; or
- Use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights.
You agree never to post or transmit to or from the Service:
- Any advertising or other commercial material or content, including company logos, links, or company names;
- Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner;
- Content that endorses or promotes illegal or harmful activity, or that is discriminatory, obscene, sexually explicit, violent, graphic, threatening, harassing, or otherwise offensive;
- Content that is illegal or violates another person’s or entity’s rights, including intellectual property rights and privacy rights; or
- Content that includes another person’s private or confidential information.
User Violations. If (i) you breach these Terms or any other supplemental policies and terms linked in these Terms or through the Service, (ii) you violate applicable laws, regulations, or third-party rights, (iii) we believe your account shows signs of fraud, abuse, or suspicious activity, or (iv) we believe it is reasonably necessary to protect Skillfull, its users, or third parties, we may, with or without prior notice and at our sole discretion:
- Terminate, suspend, or limit your access to or use of the Service and/or your account;
- Suspend or remove Reviews or other User Content;
- Cancel pending or confirmed bookings; and/or
- Suspend or revoke any credits, incentive offers, or special status associated with your account or bookings.
We have no obligation to post User Content that you submit, and we reserve the right to remove any User Content, in whole or in part, that violates these Terms.
In addition, Skillfull may take any action we determine is reasonably necessary to comply with applicable law or the order or request of a court, law enforcement, or other administrative agency or governmental body.
If your access to or use of the Service has been limited, your account has been suspended, or this agreement has been terminated by us, you are not entitled to a restoration of your account and may not register a new account or access or use the Service through another user’s account.
If you believe another user or any User Content poses an imminent risk of harm to a person or property, you should immediately contact law enforcement authorities. In addition, if you believe that another user or any User Content has violated these Terms, please report your concerns to us at email@example.com. If you reported an issue to law enforcement authorities, Skillfull may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
7. Purchasing Access to, or Availing of Content
As a User, you may purchase access to content or avail yourself of free or promotional content or sessions for your personal, non-commercial use and subject to the other sections in these Terms.
If a user supplying content is unable to honor your purchase, please contact the user supplying content immediately. Any issues, cancellations, or refunds are the sole responsibility of the user supplying content and should be processed by the user supplying content. If you cannot obtain a satisfactory response, you may contact Skillfull. We will do our best to work with you and the user/supplier to rectify the situation, but we do not guarantee that we will be able to refund or rebook your access to content or sessions. We may, in our sole discretion, provide Skillfull credits for a booking cancelled or otherwise not honored by a User/Supplier.
Unless otherwise specified during check-out or otherwise permitted by our policies or terms, transactions made on Skillfull are non-cancellable and non-refundable. Content and Sessions provided by Service are for the defined single use only and may not be distributed or shared in anyway outside of these Terms of Service whatsoever with other persons.
Contact the User/Supplier if you will be late to a Session or unable to access Content in a reserved period of time. If you fail to check in to your Session on the date and time specified in your transaction, the remaining portion of your Session may be cancelled, and you will not be entitled to a refund unless your purchase was specified during checkout in the Application as cancellable or unless otherwise permitted by our policies or terms.
We care about the security of our users. While we work to protect the security of your content and account, Skillfull cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
9. Third-party links, sites, and services
Our Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Skillfull. We do not endorse or assume any responsibility for any such third-party sites, information, materials, Service, or services. If you access any third-party website, service, or content from Skillfull, you do so at your own risk and you agree that Skillfull will have no liability arising from your use of or access to any third-party website, service, or content.
Skillfull may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 1-2 and 4-16 of these Terms.
The Service and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
SKILLFULL SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Skillfull takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or transmits using our Service. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKILLFULL 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, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL SKILLFULL’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with Skillfull, you agree to first contact us and attempt to resolve the dispute with us informally. If Skillfull has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Skillfull agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Skillfull will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SKILLFULL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
To the extent any claim, dispute or controversy regarding Skillfull or our Service isn’t arbitrable under applicable laws or otherwise: you and Skillfull both agree that any claim or dispute regarding Skillfull will be resolved exclusively in accordance with Clause 11 of these Terms.
15. Governing law and jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in San Mateo County, California or the United States District Court for the Northern District of California, for any actions not subject to Section 14 (Arbitration).
16. General terms
Notification procedures and changes to these Terms
Unless otherwise specified, any notices or other communications to users permitted or required under these Terms will be provided electronically and given by Skillfull via email, messaging service (including SMS), notice through the Application, or any other contact method we enable and you provide. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.
We may revise these Terms from time to time and the most current version will always be posted on our website. We will notify, in our sole discretion, if we determine a revision to be material. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, then you agree to stop using Skillfull Service.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Skillfull without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Skillfull’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Skillfull shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes, internet outages, or shortages of transportation facilities, fuel, energy, labor or materials.
Sections 1-2, 4-16 will survive any termination of these Terms and will continue to apply even if you stop using the Service or terminate your Skillfull account.
Our reference to Skillfull in these Terms includes Skillfull Inc. and any of its subsidiaries. If you live in the United States, these Terms are a contract between you and Skillfull Inc.
If you have any questions about these terms, please contact us at firstname.lastname@example.org.
Effective September 1, 2022