Terms of Service 

Introduction 

These Terms of Service govern your use of Skillkeep.ai’s software services and products (the “Services”). By accessing or using the Services, you agree to be bound by these terms. If you do not agree to these terms, do not access or use the Services.

The Services are provided by Skillkeep.ai, based in New Zealand.

Access and Use 

Subject to your compliance with these terms, Skillkeep.ai grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services solely for your own individual purposes. You may not use the Services for any other purpose.

You agree not to access or use the Services to design or develop any competitive or substantially similar product or service.

You represent and warrant that you have full authority to bind your company to these terms. If you do not have such authority, you must not access or use the Services.
The Services may not be accessed or used by competitors or other individuals for purposes of monitoring availability, performance, or functionality, or for any other benchmarking or competitive purposes.

Accounts and Passwords 

To access certain Services you may be required to create an account and/or be issued a user name and password. You are responsible for maintaining the confidentiality and security of your account credentials. You may not share your account credentials with any third party. You agree to immediately notify Skillkeep.ai of any unauthorized use of your account. 

Billing and Payments 

You agree to pay all applicable fees for the Services selected by you. Skillkeep.ai will bill and you agree to pay for the Services based on the pricing and billing terms presented to you for the Services.

All amounts are due immediately upon billing. Unpaid balances will accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower.
You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on amounts payable by you.

Term and Termination 

The term of these terms will continue until your access to the Service is terminated as provided below.

You may terminate your access at any time.
Skillkeep.ai may terminate or suspend your access immediately for any reason, including for abuse, excessive usage of bandwidth, or breach of these terms.
Account termination may result in destruction of any Content associated with your account.

Proprietary Rights 

The Services and all materials therein are the proprietary property of Skillkeep.ai or its licensors. Except for the limited use rights expressly granted to you under these terms, Skillkeep.ai reserves all right, title, and interest in and to the Services.

You may not reproduce, distribute, publicly display, modify, reuse, make available, or otherwise use the Services or any materials therein except as expressly authorized by Skillkeep.ai.

User Content 

You are solely responsible for any content you upload, publish, email, transmit, or otherwise disseminate using the Services (“User Content”). You retain full ownership of your User Content.
You grant Skillkeep.ai a worldwide, royalty-free license to use, copy, modify, distribute, publish, and process User Content solely to the extent needed to provide and improve the Services.

You represent and warrant that you have all the rights necessary for you to grant the licenses under these terms and that no User Content infringes or violates the rights of any third party.

Confidentiality

You agree not to use any technical data, trade secrets, or know-how provided by Skillkeep.ai or obtained or developed in connection with the Services for any purposes other than as needed to facilitate authorized use of the Services.

You agree not to disclose any such confidential information to any third party.

No Warranties 

The Services are provided “as is” without warranty of any kind. Skillkeep.ai disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

Limitations of Liability 

In no event will Skillkeep.ai be liable for any loss of profits, business, or data, or any special, incidental, indirect or consequential damages arising out of or in connection with these terms or the Services, even if advised of the possibility of such damages.

In no event will Skillkeep.ai’s total liability for all claims arising under these terms exceed the amount of fees paid by you for use of the Services during the six months immediately preceding the event giving rise to the claim.

Indemnification 

You agree to defend, indemnify, and hold Skillkeep.ai harmless from and against any third-party claims, damages, and costs (including reasonable attorneys’ fees) arising out of your use of the Services or breach of these terms. 

Changes to the Terms 

Skillkeep.ai may modify these terms from time to time. Updated versions will be posted on the Skillkeep.ai website and are effective immediately. We encourage you to review these terms periodically. Continued access or use of the Services constitutes acceptance of the modified terms. 

General

These terms represent the entire agreement relating to your use of the Services. These terms do not create any third-party beneficiary rights.

These terms are governed by the laws of New Zealand. All disputes arising from these terms will be resolved exclusively in the courts located in New Zealand.

If any provision of these terms is found unenforceable, it and any related provisions will be interpreted to best accomplish the essential purpose of the unenforceable provision. All other provisions will remain in full force and effect.

You may not assign any rights or obligations under these terms without the written consent of Skillkeep.ai.