THIS IS A LEGAL AGREEMENT BETWEEN INDIVIDUAL ENTREPRENEUR ALEXEY IVANOV, DOING BUSINESS AS SKILLOUT (“SkillOut”) AND THE CLIENT. This Agreement governs the use of the SaaS services provided by SkillOut by the Client.
1. Definitions
- Services: Refers to the SaaS software provided by SkillOut which allows clients to register their company, add users, tests, and courses.
- Subscription Fee: The fee that the Client shall pay to use the Services.
- Data: Any data, information, content, records, and files that Client loads, transmits to or enters into the Services, and any data, information, content, records and files that the Services obtain from Client’s servers or systems or from third parties on Client’s behalf.
- Client: Refers to the company or individual that is entering into this agreement with SkillOut.
- Confidential Information: Any information, whether written or verbal, that is not publicly available and that is disclosed under this Agreement.
- Intellectual Property: Creative works or ideas embodied in a form that can be shared or can enable others to recreate, emulate, or manufacture them.
2. Acceptance of the Agreement
By registering for and/or using the Services in any manner, the Client acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.
3. Grant of License
3.1. Subject to the terms and conditions of this Agreement, SkillOut grants to the Client a non-exclusive, non-transferable, limited license to access and use the Services solely for the Client’s internal business purposes. 3.2. The Client shall not use the Services for any other purpose without SkillOut’s prior written consent.
4. Client Obligations
4.1. Client agrees to comply with all applicable laws and regulations. 4.2. Client is responsible for all activity occurring under its user accounts and shall abide by all applicable local, national and foreign laws in connection with their use of the Services. 4.3. Client is responsible for the accuracy, quality and legality of Data and the means by which Client acquired Data.
5. Subscription Fees and Payment
5.1. Client shall pay SkillOut a Subscription Fee in accordance with the payment plan chosen by the Client. 5.2. All payments are non-refundable unless otherwise expressly stated in this Agreement.
6. Data Privacy
6.1. SkillOut will implement reasonable safeguards to protect the security of Data. 6.2. SkillOut will not share or disclose Client’s Data to third parties except as compelled by law or as expressly permitted by Client. 6.3. Client is responsible for maintaining the security of Client’s account, passwords, and files. SkillOut is not responsible for any unauthorized access to Client’s account, data, or files.
7. Support Services
7.1. SkillOut shall provide reasonable technical support for the Services to the Client via email or other communication means as decided by SkillOut. 7.2. SkillOut reserves the right to establish limitations on the extent of the support provided.
8. Warranties and Disclaimers
8.1. SkillOut warrants that the Services will perform substantially in accordance with the specifications set forth in this Agreement. 8.2. The Services are provided “as-is”. SkillOut disclaims all other warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose.
9. Term, Renewal and Termination
9.1. This Agreement commences when the Client accepts this Agreement by using the Services and continues until terminated by either party. 9.2. The Subscription will automatically renew for the same period as initially chosen by the Client (e.g. monthly or yearly) unless terminated by either party. 9.3. Either party may terminate this Agreement at any time, for any reason. 9.4. Upon termination, Client will be automatically swapped to a free plan. Users that exceed the user limit on the free plan will be temporarily blocked.
10. Effects of Termination
10.1. Upon termination, Client must discontinue all use of the Services and relinquish use of any Intellectual Property, trademarks, and software provided by SkillOut.
11. Intellectual Property
11.1. SkillOut retains all rights, title, and interest in and to the Services, including, without limitation, all Intellectual Property rights therein. 11.2. Client shall not copy, modify, or create derivative works of the Services or any related documentation.
12. Confidentiality
Client agrees to keep confidential all non-public information concerning the Services and this Agreement that SkillOut designates as being confidential.
13. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from any cause beyond the reasonable control of such party, including but not limited to acts of God, floods, fires, loss of electricity or other utilities, or delays by the other party in providing required resources or support.
14. Notice
14.1. Any notice required or permitted under the terms of this Agreement or required by law must be in writing and must be delivered in person, or sent by email, or surface mail, to the relevant party. 14.2. Notices to SkillOut must be sent to info@skillout.net. 14.3. Notices to Client will be sent to the email address or physical address provided in the Client’s registration for the Services.
15. Amendment or Modification
This Agreement may only be modified or amended through mutual agreement of both parties in writing.
16. Assignment
Client may not assign or transfer this Agreement, or any rights granted hereunder, without SkillOut’s prior written consent.
17. Limitation of Liability
In no event will SkillOut be liable to Client for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement.
18. Indemnification
Client will indemnify, defend, and hold harmless SkillOut and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses arising out of or in connection with Client’s use of the Services.
19. Governing Law and Jurisdiction
This Agreement shall be governed by and construed under the laws of Georgia. Any legal suit, action or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal courts of Georgia.
20. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements, and communications, whether oral or written.
By using the Services, you, the Client, acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.