Terms and Conditions
Last updated: March 10th, 2025
Please read these Terms and Conditions carefully before using the website!
Welcome to the website(s) https://app.skillfulai.io/ and https://www.skillfulai.io/ including all its subdomains (while https://www.skillfulai.io/ refers as the “Website”, and https://app.skillfulai.io/ as the “Platform”) where You can access SKILLFUL AI's services!
These Terms and Conditions constitute a binding legal agreement between You and SKFL SOLUTIONS LIMITED (Legal address: Intershore Chambers, Road Town, Tortola, British Virgin Islands) or where applicable (as further defined) with our affiliate SKFL TECH LTD (Legal address: Unit 3, Office A, 1st Floor, 6-7 St Mary At Hill, London, England, EC3R 8EE) (“SKILLFUL AI”, or“We”, or “Us”).
By accessing, viewing, and/or using the Website and/or the Platform, and/or giving your consent by clicking the respective “I agree” button (or as another similar wording may be available) when You access or use, or register/connect to the Website and/or the Platform through any mobile phone, tablet, computer, or another device, you as a user (“You”, or “User”) of the Website and/or the Platform, confirm that You have read, understand and agree to be bound by these Terms and Conditions, and Our Privacy Policy and Refund Policy which are incorporated by reference into this agreement with You (this “Agreement”), and all other related documents, policies and terms and conditions, and applicable law.
SKILLFUL AI may change these Terms and Conditions at any time without notice, effective upon their posting to the Website and/or the Platform. Continued access to or use of the Website and/or the Platform will be deemed Your acceptance of the revised Terms and Conditions.
If You disagree with these Terms and Conditions, please do not use the Website and/or the Platform.
1. Scope of the Service and General
1.1. Using the Website and/or the Platform with the User's device, the User can access Our Platform and the functions it provides in relation to generative artificial intelligence for question answering, instruction following, image transformation, and image generation tasks, for fine-tuning, and creating personalized AI agents, building agentic workflows, and/or similar or related activities as may be available.
1.2. SKFL SOLUTIONS LIMITED is responsible for the operational activities of the Website and Platform, including but not limited to functionality, features, and services available through the Website and Platform, including all its subdomains.
1.2.1. For Payments With Fiat Only: On behalf of SKFL SOLUTIONS LIMITED, SKFL TECH LTD may act as an authorized reseller of certain services available on the Platform and Platform's features, including offerings of subscription plans and other paid options, to Users to the extent those are offered for payments in fiat.
2. User's Age; Permitted and Authorized Use
2.1. The Platform is not designed for or directed at persons under 13 (thirteen) years of age. If You are under 13 (thirteen) years of age, then You may not, under any circumstances or for any reason, use the Platform.
2.2. By using the Website and/or the Platform and/or agreeing to be bound by these Terms and Conditions in another way, You represent and warrant that You have reached the minimum age required hereunder and the following conditions applicable to You are complied with:
- 2.2.1. If You are 13 (thirteen) or older, but under 18 (eighteen) years of age, You must have consent from Your parent or guardian to use Our services.
- 2.2.2. If Your country of residence has the age of majority and legal consent requirements more restrictive than those outlined in these Terms and Conditions, You must comply with the requirements of Your country of registration.
- 2.2.3. If You use the Website and/or the Platform and/or agree to be bound by these Terms and Conditions in any way on behalf of a legal or business entity, You represent and warrant that You are authorized to do so on that entity's behalf and bind them in this regard.
- 2.2.4. Several (pre)paid and token-related services on Our Website and/or Platform (if any) may have age restrictions for Users under 18 (eighteen) years of age.
2.3. You expressly accept that Your use of the Website and the Platform will be carried out under Your sole and exclusive responsibility.
2.4. You agree that Your use of the Website and the Platform shall comply with all applicable laws, regulations, and guidelines.
2.5. The right to access the Website and/or the Platform is revoked where these Terms and Conditions or use of the Website and/or the Platform is prohibited or to the extent offering, sale, or provision of the Website and/or the Platform conflicts with any applicable law, rule, or regulation.
2.6. You are solely responsible for Your interaction with others using the Website and the Platform, and other third parties that You come in contact with through Our Website and Platform.
2.7. When browsing and using the Website and/or the Platform, You agree not to carry out any conduct that could damage the image, interests, or rights of SKILLFUL AI or third parties, nor actions that could damage or render the Website and/or the Platform unusable, or that in any other way could prevent the normal operation of the Website and/or the Platform. Specifically, You agree to:
- 2.7.1. make diligent, correct, and lawful use of the Website and the Platform, respecting the current legislation and, in particular, that relating to intellectual and industrial property;
- 2.7.2. not to use the Website and/or the Platform for commercial purposes, for example, collecting information or content to provide other services that may be a competition to SKILLFUL AI;
- 2.7.3. not to modify or try to modify the Website and/or the Platform, or take actions aimed at copying or simulating its appearance or functions;
- 2.7.4. not to carry out actions that involve the introduction of computer viruses, worms, Trojans, or any other kind of malicious code;
- 2.7.5. not to remove or modify any copyright notices, restrictions, or proprietary marks of any kind;
- 2.7.6. not to use reverse engineering techniques and/or decipher, decompile, or use any other system intended to know the source/object code of the Website and/or the Platform;
- 2.7.7. not to interfere with or disrupt the Website and/or the Platform, or any network, server, or similar infrastructure;
- 2.7.8. not to probe, scan, or test the workload or performance indicators, or vulnerability of the Website and/or the Platform;
- 2.7.9. periodically review these Terms and Conditions, checking the changes that, where appropriate, SKILLFUL AI had implemented.
2.8. We may update, modify, or eliminate the content of the Website and/or the Platform, or limit and/or prevent access to it at any time and without prior notice.
2.9. Except as expressly stated in these Terms and Conditions, We make no representations or warranties that Your use of the Website and/or the Platform is appropriate in Your jurisdiction.
2.10. You may be provided with access to the use of generative artificial intelligence features (“AI Features”) as available in the Platform. Please note that the AI Features are not sentient or alive, and not controlled by Us.
3. Access or Registration to Platform; Access/Account Features
3.1. The Website does not require specific registration to access it. However, only after the connection/registration or other similar available process, the User will be able to use the services of Our Platform and get the best out of it.
3.2. To access some functions of the Platform, You may need to use non-custodial wallet software that allows You to interact with public blockchains (or other solution required). We do not have custody or control over the contents of Your wallet, and We have no ability to retrieve or transfer its contents.
3.3. To access Our Platform, You may otherwise need to create an account (“Account”). To do so, You may need to use Your accounts on third-party services available on the Platform (such as Thirdweb and/or others) or use other data required for the Account (such as a working email and a password).
3.4. After connecting or registering as described, You can then access/login to Our Platform with Your credentials provided during such connecting/registration. The information You give Us has to be accurate, current, and complete.
3.5. You are responsible for maintaining the confidentiality of Your wallet, email, and other login credentials.
3.6. The Platform may offer different types of User access/Accounts, such as depending on the different types of Users (e.g. personal Account for an individual or corporate Account for a business entity), or any other criteria or feature as may be available on the Platform.
3.7. We have the right to disable Your access/Account at any time for any reason or without one, including, without limitation, if We become aware that:
- 3.7.1. You may not be of sufficient age to access Our services, or register an Account;
- 3.7.2. You are not authorized to use the Platform;
- 3.7.3. Your use of the Website and/or the Platform is considered prohibited or otherwise unlawful;
- 3.7.4. Your payment obligations hereunder are, or are likely to become, overdue; or
- 3.7.5. You are or may be in violation of these Terms and Conditions, or any law or regulation.
3.8. If You lose Your password, please use the procedure that may be available to restore the password, if any. However, if You lose Your wallet credentials used to connect to the Platform, You may no longer be able to connect to the Platform and Your progress within it.
3.9. If You are provided with an option to delete Your access/Account and if You use it, We will delete all Your information, except for the minimum that is needed for complying with and the fulfillment of the accounting obligation to tax authorities as set by applicable laws.
4. Fiat Payments. Usage Limits. Refunds
4.1. Fees and Taxes. Certain features of the Platform are offered for a fee, whether on a subscription basis (time-based; each subscription may have its own term), as a one-time payment, or otherwise, as may be presented on the Website and/or the Platform. The fees are exclusive of any and all taxes and You shall bear sole responsibility and liability to pay any applicable taxes required in relation to payment of fees to Us.
4.2. Different plans and payment options. We may offer different plans and other options with their own terms and conditions, as may be specified on the Website and/or the Platform. If there are different products/functions/features offered, different payment options may apply.
- 4.2.1. Period-based subscriptions. You may purchase subscriptions (monthly or other period available) to access and use certain Platform's functions (sections), such as, but not limited to, the “Model Hub” section, the “AI Builder” section, the “Agent Hub” section, the “Image Hub” section and other related to AI functions as available.
4.3. Usage limits. The Platform's features and functions are subject to usage limits based on the number of Requests (Credits or similar name as available), as specified on the Website and/or the Platform for each subscription plan or payment option. A “Request” means a unit of Platform usage required to access or utilize certain features.
- 4.3.1. Once You have depleted Your available Requests, You will not be able to access features requiring Requests until You either: upgrade to a higher-tier subscription plan; purchase additional Requests through a one-time payment; or wait for Your next subscription renewal period.
- 4.3.2. We may suspend or limit Your access to features requiring Requests while maintaining Your access to other Platform's features not requiring Requests.
- 4.3.3. You acknowledge and agree that Your purchase of any subscription plan or Requests is not contingent on the delivery of any future functionality or features.
4.4. Payment Processing and Renewal. You can make purchases directly on the Platform using the payment options available, and by entering Your payment-related information and/or connecting Your payment card/account, or otherwise as required and available.
4.5. Third-party payment processor disclaimer. The processing of payments will be subject to the terms and conditions and privacy policy of the relevant third-party payment processor, and We disclaim all and any liability in relation to the security or performance of it, and other related issues.
4.6. Expiration and termination terms. Your rights to access/use the Platform's features offered for a fee will expire at the end of the period paid by You. We reserve the right to disable or terminate Your access to the Platform (and may do so without notice).
4.7. Auto-renewal terms. By signing up for a certain subscription plan, You agree that, in order to let You avoid any interruptions in using the best of the Platform, Your subscription plan may be automatically renewed, for the same term and rate, unless otherwise disclosed to You on the Website and/or the Platform. You may opt out of Your subscription plan's auto-renewal before the expiration of the prior term.
4.8. Changes to features/pricing. The features of the Platform that are offered on a paid basis (and on a free basis, as well) may be subject to change at Our sole discretion at any time and as will be available on the Platform. We may also change subscription options, including fees, at any time and without notice.
4.9. Refund policy. Unless expressly set forth herein or in Our Refund Policy, any fees paid are non-cancelable and non-refundable. For more details, please refer to Our Refund Policy or contact Our customer support at support@skillfulai.io.
4.10. Special discounts and promotions. We may provide special discounts or promotional offers for Our Users that may permit certain advantages and/or restrictions, including in relation to fees and payments.
5. User Data; AI Features
5.1. You can provide, upload, submit, transmit, or otherwise make available any data, file attachments, text, applications, images, messages, or any other information or data, to or through Our Website and/or Platform (“Data” or “Input(s)”).
5.2. When You provide, upload, submit, transmit, or otherwise make available any Data to or through Our Website and/or Platform, You hereby grant to Us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to access, host, use, distribute, process, modify, distribute, run, copy, publicly perform, display, and/or translate and/or create derivative works of Your Data, in any form or media, anywhere, and without any notice or compensation to You of any kind.
5.3. Our Platform may provide responses to Your Inputs (“Output(s)”). To the extent permitted by law, We hereby assign to You all Our right, title, and interest, if any, in and to Outputs and You retain all right, title, and interest in and to Your Outputs.
5.4. The Platform may allow You to share Your Inputs and Outputs, with others, including through other third-party services.
5.5. When You provide or otherwise make available any Data to or through Our Website and/or Platform as described above, You represent and warrant that (and agree to comply as stated below):
- 5.5.1. You have (or have obtained) all rights, licenses, consents, permissions, and/or authority, necessary to grant the rights granted herein;
- 5.5.2. all Data is in compliance with all and any applicable laws and regulations, and Our Terms and Conditions and other applicable policies;
- 5.5.3. all Data shall not (i) infringe or violate any patents, copyrights, trademarks, or other intellectual property, privacy, data protection, proprietary, publicity, or any other rights of any third party; (ii) violate any applicable local, state, federal and international laws.
5.6. Other than Our security and data protection obligations as expressly stated hereunder, We assume no, and hereby disclaim all and any, responsibility or liability for Your Inputs and Outputs.
5.7. To the maximum extent permitted by applicable law, We disclaim any obligation that We shall monitor, control, and/or moderate Inputs, Outputs, or AI Features, and there shall be no claim against Us for not acting so.
5.8. You acknowledge and agree that We shall not be treated, for any purpose, as the publisher or speaker of any content generated by the AI Features, including Outputs as a result of the Inputs You supply to the AI Features, and You are the sole publisher and speaker of any such content.
5.9. You shall not submit to the Website and/or the Platform any data that is protected under special legislation and requires unique treatment, including sensitive data.
5.10. We reserve the right to delete any Inputs or Outputs that violate these Terms and Conditions, or any applicable law or regulation.
5.11. In case of termination or expiration of these Terms and Conditions and/or deletion of Your User, it is Your sole liability to download, save, copy, or otherwise export any and all Your Inputs and Outputs prior to such termination or expiration hereof or deletion of Your User.
6. Prohibited Uses of the Website and Platform
6.1. You shall not use the Website or the Platform in any way, or submit to Us or to the Website or the Platform anything, which in any respect:
- 6.1.1. is a breach of any law, statute, regulation, or by-law of any applicable jurisdiction;
- 6.1.2. is fraudulent, criminal, or unlawful;
- 6.1.3. is inaccurate or out-of-date;
- 6.1.4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, malicious, abusive, hateful, menacing, defamatory, untrue, or political;
- 6.1.5. impersonates any other person or body or misrepresents a relationship with any person or body;
- 6.1.6. may infringe or breach the copyright or any intellectual property rights or privacy or other rights of Us or any third party;
- 6.1.7. may be contrary to Our interests;
- 6.1.8. is contrary to any specific rule or requirement that We stipulate on the Website/Platform;
- 6.1.9. involves Your use, delivery, or transmission of viruses or anything likely intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
6.2. Additional specific prohibited uses. You expressly agree not to use the Platform or any AI Features for any unlawful, harmful, or abusive purposes. You specifically agree not to use the Platform or any AI Features to:
- 6.2.1. generate, create, or distribute explicit sexual content;
- 6.2.2. generate, create, or distribute “deepfakes” or any other similar synthetic media;
- 6.2.3. engage in activities designed to manipulate, deceive, or defraud others;
- 6.2.4. attempt to bypass or circumvent any technical safeguards or content moderation systems implemented on the Platform.
6.3. This list of prohibited uses and rules of conduct is not meant to be exhaustive.
6.4. We maintain the right to implement technical measures and human review processes to prevent and detect such prohibited uses.
6.5. You undertake to promptly notify Us in writing if You become aware of any unauthorized access or use of the Website or Platform and/or any breach of these Terms and Conditions.
6.6. If We ascertain or receive information from third parties or law enforcement officials of any of the above-listed prohibited uses or other unlawful uses on Your behalf, We may (i) terminate Your access to the Website and/or the Platform and/or (ii) delete Your Account due to Your breach of these Terms and Conditions and You shall forfeit any right to any refund or reimbursement of damages due to such termination or deletion.
7. Platform Marketplace Transactions; Payments with Cryptocurrency
7.1. The Platform enables You to list (mint) AI agents made (or owned) by You using the Platform's features, rent and purchase ones created by other users, providing a controlled and self-contained environment in which transactions and listings are internally regulated (“Platform Marketplace”).
7.2. Access to the Platform Marketplace or other related infrastructure may be provided free of charge for all registered Users, regardless of whether paid the subscription or their subscription plan.
7.3. All payments between users and Us associated with the Platform Marketplace or other related infrastructure, including but not limited to listing (minting) fees, payment for the purchase of an AI agent, payment for the rental of an AI agent and other related transactions, will be carried out exclusively in crypto-assets.
7.4. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ALL TRANSACTIONS WITHIN THE PLATFORM MARKETPLACE (AND OTHER CRYPTO INFRASTRUCTURE) ARE CONDUCTED EXCLUSIVELY IN CRYPTO-ASSETS. OUR FIAT PAYMENT PROVIDER IS NOT INVOLVED IN ANY WAY IN THE PLATFORM MARKETPLACE OR ANY CRYPTO-ASSETS TRANSACTIONS BETWEEN OR FROM USERS.
7.5. Subscriptions. Notwithstanding the above, You may purchase monthly/yearly subscriptions with crypto-assets as and if available.
7.6. One-time payments. You may purchase certain additional functions/add-ons (such as additional Usage limits) with crypto-assets.
8. Privacy
8.1. To use the Website and/or the Platform, You may be asked to provide certain Personal Data by different means. All the matters regarding Your Personal Data are governed by Our Privacy Policy and You provide Us with Your consent to the collection of such information by using the Website and/or the Platform; therefore You should ensure that You read the Privacy Policy provisions carefully.
9. Intellectual Property of Skillful AI
9.1. All intellectual property in and to the Website and the Platform, and material available on the Website and the Platform (excluding the Inputs and Outputs, as defined hereunder, of Users), which includes materials protected by copyright, trademark, or patent laws, including but not limited to, the text, software, website templates and widgets, application programming interface, scripts, graphics, photos, illustrations, sounds, music, videos, audio clips, video clips, audiovisual combinations, designs, animations, interfaces, interactive features, textual content, and other materials User may view in the Website and the Platform, and any modifications, enhancements, and derivations thereof, is either owned by or licensed to Us, subject to other provisions hereof. All trademarks, service marks, trade names, and other proprietary identifiers, are owned, registered by, and/or licensed to Us. All rights reserved.
9.2. Upon subscribing and fulfilling the payment and other obligations of the User hereunder, We hereby grant You a limited, worldwide, non-exclusive, non-transferable right to access and use the features of the Platform, solely for Your internal purposes.
9.3. No licenses or rights are granted to You by implication or otherwise, under any intellectual property right controlled or owned by Us or the respective owners (licensors) of any such associated intellectual property, except for the permissions and rights expressly granted in these Terms and Conditions.
10. Notice and Procedure for Making Claims of Copyright Infringement
10.1. If You believe that Your work has been copied and posted on Our Website and/or Platform in a way that constitutes copyright infringement and no legal exception exists, You (as a copyright owner or an agent authorized to act on the owner's behalf) may provide Us with the written information specified below:
- 10.1.1. An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
- 10.1.2. An identification and description of the copyrighted work that You claim has been infringed upon;
- 10.1.3. An identification and description of the material that You claim is infringing, and where it is located on the Website and/or the Platform;
- 10.1.4. Your address, telephone number, and e-mail address, so We can contact You;
- 10.1.5. A statement by You that You have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
- 10.1.6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
10.2. Our contacts:
(i) SKFL SOLUTIONS LIMITED; Legal address: Intershore Chambers, Road Town, Tortola, British Virgin Islands; Email: support@skillfulai.io.
(ii) SKFL TECH LTD (such as in cases where this company is the recipient of Your payment); Legal address: Unit 3, Office A, 1st Floor, 6-7 St Mary At Hill, London, England, EC3R 8EE; Email: support@skillfulai.io.
11. Notifications; E-mailing
11.1. As a part of using the Platform, We may send You notifications by email letters to Your email address or other contacts You provided, which You used for registration or provided to Us otherwise. We may distribute several types of such notifications:
- 11.1.1. about innovations in the Platform;
- 11.1.2. about promotional actions and offers;
- 11.1.3. service notifications regarding essential changes to the Platform in relation to Your use of the Platform;
- 11.1.4. other notifications, or service letters.
11.2. You agree to receive marketing emails when You give Your consent by ticking the respective box for receiving marketing emails when You access/register to the Platform or as otherwise available on the Platform. In each letter, You shall be provided with the opportunity to “Opt out of the electronic mailing list”.
11.3. By accepting these Terms and Conditions and Our Privacy Policy, You confirm Your consent to receiving other notifications such as email letters/SMS from Us, except for marketing emails as stated above.
12. Third-Party Services
12.1. Through Our Platform, as may be available, a User may enable integration of its access/Account or AI Features with certain third-party services, such as may be available on Our Platform from time to time. You hereby acknowledge that any access, collection, transmission, processing, storage, or any other use of data, including the Inputs or Outputs, by such third-party service, is governed by Your agreement with that third party, including any applicable terms and conditions, privacy policy, and We are not responsible for such activities by that service, or for their privacy practices and security measures.
- 12.1.1. You are solely responsible for Your compliance with terms and conditions, privacy policy, Cookies policy, privacy restrictions, and other practices of such third-party service, and applicable laws and regulations.
- 12.1.2. We disclaim any, and shall have no, obligation or liability of any kind in relation to any data transmission, modification and/or removal that may result due to such integration.
12.2. By using the Website and/or the Platform, You may follow different links to third-party websites, applications, or other products or services operated by other subjects. You access such third-party services at Your own risk and subject to their terms and conditions.
13. Confidentiality
13.1. In connection with the Platform, We may disclose (the “Disclosing Party”) to the User (the “Receiving Party”), certain non-public business, product, technology, and marketing information, including without limitation, customers lists and information, know-how, software, any other information internal to the Disclosing Party and any other non-public information, which either is marked as confidential or which, from its nature, content or the circumstances in which it is provided, is reasonably deemed to be confidential (the “Confidential Information”).
13.2. Confidential Information does not include information that (a) at the time of disclosure or at any time thereafter is in the public domain or subsequently enters the public domain; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party; (c) that the Receiving Party obtained from any third party who owes no obligations to the Disclosing Party; or (d) was independently acquired or developed by the Receiving Party without the aid, application, or use of the Disclosing Party's Confidential Information.
13.3. The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information and limit access to those employees, affiliates, service providers, and agents, on a need-to-know basis; and (ii) not use or disclose any Confidential Information to any third party, except as part of its performance under these Terms and Conditions.
14. Limitation of Liability
14.1. WE HEREBY DISCLAIM ANY AND ALL LIABILITY TO YOU OR ANY THIRD PARTY RELATING TO YOUR USE OF THE WEBSITE AND/OR THE PLATFORM.
14.2. THE WEBSITE AND THE PLATFORM ARE PROVIDED AS IS and AS AVAILABLE, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL WE BE LIABLE TO YOU IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
14.3. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OF OUTPUTS FROM OUR PLATFORM IS AT YOUR SOLE RISK AND THERE IS NO WARRANTY OR ADVICE GIVEN BY US TO YOU TO RELY ON OUTPUTS AS A SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
14.4. You understand that the content presented on the Website and the Platform, whether publicly posted or privately transmitted, is the sole responsibility of the person/entity from whom such content originated. We do not control this content and do not guarantee its accuracy, integrity, or quality.
14.5. Your use of any aspect of the Website and/or the Platform is at Your own risk. WE CANNOT AND DO NOT ACCEPT ANY LIABILITY IN RESPECT OF ANY ACTIVITIES THAT YOU MAY UNDERTAKE THROUGH USING THE WEBSITE OR THE PLATFORM.
14.6. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PLATFORM.
14.7. To the fullest extent permitted by law, under no circumstances shall Our liability to You for any claim or cause of action whatsoever, and regardless of the form of the action, whether arising in tort, contract, strict liability, or otherwise, exceed the lesser of the dollar amount You paid Us to use the Platform for one month preceding the damages arose, or USD 50 (fifty). This limitation of liability is cumulative and not per incident.
14.8. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to You.
14.9. Any claims arising in connection with Your use of the Website and/or the Platform must be brought within 60 (sixty) calendar days of the date of the event giving rise to such occurred action, or as otherwise limited by applicable law.
15. Indemnity
15.1. You agree to defend, indemnify, and hold Us harmless, including Our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of Our affiliates, successors, assigns, and licensees, from and against any claims, actions, or demands, damages, losses, liabilities, judgments, settlements, costs, or expenses (including attorneys' fees and costs) arising directly or indirectly from or relating to (i) the breach of these Terms and Conditions by You or anyone using Your login credentials, or device; (ii) any claim, loss, or damage experienced from Your use or attempted use of (or inability to use) the Website and/or the Platform; (iii) Your violation of any law or regulation; or (iv) any other matter for which You are responsible under these Terms and Conditions, or any applicable law or regulation of any nature or force.
15.2. We reserve the right to assume the exclusive defense and control of any demand, claim, or action arising hereunder or in connection with the Website and Platform and all negotiations for settlement or compromise.
16. Termination
16.1. These Terms and Conditions are effective until terminated by either You or Us.
- 16.1.1. You may terminate these Terms and Conditions at any time, provided that You discontinue any further use of the Website and the Platform. If You violate these Terms and Conditions, Our permission to You to use the Website and the Platform will be automatically terminated.
- 16.1.2. We may, at Our sole discretion, terminate these Terms and Conditions and Your access to the Website and/or the Platform, and/or any or all of the services of the Website and/or the Platform, at any time and for any reason, without penalty or liability to You or any third party.
16.2. Any termination of these Terms and Conditions for any reason shall not affect or prejudice any right to damages or other remedies which We may have.
16.3. Survival. The provisions of the following Sections and clauses survive the expiration or termination of these Terms and Conditions for any reason whatsoever: “FIAT PAYMENTS. USAGE LIMITS. REFUNDS” and “PLATFORM MARKETPLACE TRANSACTIONS; PAYMENTS WITH CRYPTOCURRENCY” in respect of any fees unpaid or otherwise due to payment; “USER DATA; AI FEATURES”; “PRIVACY”; “INTELLECTUAL PROPERTY OF SKILLFUL AI”; “CONFIDENTIALITY”; “LIMITATION OF LIABILITY”; “INDEMNITY”; “TERMINATION”; “CHOICE OF LAW AND DISPUTE RESOLUTION”; “Entire Agreement”; “No Waiver”; “Severability”; “Assignability”.
17. Choice of Law and Dispute Resolution
17.1. Choice Of Law.
17.1.1. These Terms and Conditions, including any non-contractual obligations arising out of or in connection with them, shall be governed by, and construed in accordance with, the laws of England and Wales, excluding conflict of law provisions.
17.2. Dispute Resolution.
17.2.1. For any dispute with SKILLFUL AI arising out of or in connection with these Terms and Conditions, You agree to first contact SKILLFUL AI at support@skillfulai.io and attempt to resolve the dispute with Us amicably. In the unlikely event that SKILLFUL AI has not been able to resolve a dispute it has with You after 60 (sixty) calendar days, We each agree to resolve any claim, dispute, or controversy by arbitration exclusively as set forth below.
17.2.2. Any disputes arising out of or in connection with these Terms and Conditions, including any question(s) regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of the arbitration shall be in Stockholm. An arbitral award shall be final for the Parties. The language of the arbitration shall be English. The number of arbitrators shall be 1 (one).
17.2.3. Nothing in this Section shall be deemed as preventing Us from seeking injunctive or other equitable relief from the arbitration or courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Our data security, intellectual property rights or other rights or interests.
17.3. Class Action And Jury Trial Waiver.
17.3.1. You hereby agree that You will not seek to have any dispute heard as, and waive any right for, a class, collective, private attorney general or representative action or proceeding, or trial by jury in any action, proceeding, or counterclaim, or in any other proceeding. Any proceedings to resolve or litigate any dispute in any procedure will be conducted solely on an individual basis.
18. Miscellaneous
18.1. Entire Agreement.
18.1.1. These Terms and Conditions and Privacy Policy constitute the entire Agreement between You and Us pertaining to the subject matter hereof. Anything contained in or delivered through the Website or the Platform that is inconsistent or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. These Terms and Conditions may not be modified, in whole or in part, except as described elsewhere in these Terms and Conditions.
18.1.2. Any rights not expressly granted by these Terms and Conditions are reserved to and by SKILLFUL AI.
18.2. No Waiver.
18.2.1. Failure by Us to insist upon or enforce strict performance of any provision of these Terms and Conditions and/or Our Privacy Policy shall not be construed as Our waiver of any provision or right contained herein.
18.3. Severability.
18.3.1. If any of the provisions of these Terms and Conditions are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited, or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
18.4. Assignability.
18.4.1. You may not assign or transfer these Terms and Conditions or any of Your obligations, rights, or interests provided herein, by operation of law or otherwise, without Our prior written and explicit consent.
18.4.2. You agree that these Terms and Conditions, Privacy Policy, and/or the Agreement between You and Us in general may be assigned by Us, at Our sole discretion to any third party.
18.5. Notices.
18.5.1. Any notice, or other communication under these Terms and Conditions shall be in writing and shall be considered given and received when sent by email or if applicable (but only regarding notices from Our side), text messaging, notifications, or chatbots. The language of the communication shall be English.
19. Contact Us!
19.1. Notices relating to these Terms and Conditions may be sent to You via email to the email address or by SMS to your phone number, which You used for connecting to/registration on the Platform, or provided to Us otherwise. You expressly authorize Us to contact You via such email or phone number in the event We are required by law to notify You of a data security incident or data breach.
19.2. Please submit any notices, feedback, comments, requests for technical support, and other communications to Us relating to these Terms and Conditions via Our customer support at support@skillfulai.io.