Terms and Conditions

These Terms and Conditions (the "Terms") govern your use of the Skillsail platform ("Skillsail" or the "Platform"), an AI-powered eLearning content creation platform and related features we may make available from time to time, provided by Skillsail GmbH, Elektrastraße 11, 81925 Munich, Germany ("Company", "we", or "us"). These Terms form an agreement between us and the person or legal entity that creates or controls an Organization Account or otherwise accepts these Terms for business or independent professional purposes (the "Customer"). Solely for anonymous demo use, "Customer" also includes an individual who is at least 18 years old, has reached the age of majority and has full legal capacity under applicable law, acts exclusively for business or independent professional purposes, chooses to start the demo after being given notice of these Terms, and accepts them for that limited use. Skillsail does not offer the anonymous demo for private, family, household, or other consumer purposes.

If you accept these Terms on behalf of an organization, you represent and warrant that you have the legal capacity to enter a binding agreement and authority to bind that organization. These Terms are intended for business customers (B2B). If we process Customer Personal Data on behalf of your organization, the Customer's acceptance of these Terms also constitutes acceptance of our Data Processing Agreement on behalf of that organization.

If you access Skillsail only as an Authorized User, the Customer has authorized your access. An Authorized User does not become the Customer or a party to these Terms solely by using the Platform. The provisions expressly directed to Users or Authorized Users govern their access and conduct. Contractual, payment, administration, licensing, indemnity, liability-allocation, and other commercial obligations addressed to the Customer remain the Customer's responsibility. A parent or legal guardian does not become a Customer or assume payment or indemnity obligations solely by permitting an Authorized User to use the Platform.

For information about how we process personal data, please see our Privacy Policy. Where applicable, the Data Processing Agreement is incorporated into and forms part of these Terms.

1. Definitions

For clarity in these Terms, the following definitions apply:

• "Platform" or "Skillsail" – The Skillsail online service for eLearning content creation and related functionality, including the website, dashboard, AI features, and any features we make available from time to time.
• "Customer" – The person or legal entity that creates or controls an Organization Account or otherwise accepts these Terms. A person accepting these Terms for a Customer must meet the legal-capacity and authority requirements in Section 2. Solely for anonymous demo use, an individual who is at least 18 years old, has reached the age of majority and has full legal capacity under applicable law, acts exclusively for business or independent professional purposes, and accepts these Terms as described in Section 3 is the Customer for that demo use. A person using the demo for private, family, household, or other consumer purposes is not eligible to use it.
• "User" – An individual who accesses or uses the Platform, including an eligible individual Customer, Organization Account Owner, administrator, or Authorized User.
• "Organization Account" – A business or organizational account on the Platform created or controlled by a Customer. Organization Accounts can have multiple Authorized Users under one subscription plan.
• "Authorized User" – An individual invited or added to an Organization Account (e.g., an employee or external learner) who is authorized to use Skillsail under that organization's subscription. An Authorized User is not a Customer merely because the individual has access to the Platform.
• "Younger Authorized User" – An Authorized User who is at least 13 but under 18 and who has reached any higher minimum age that applies to use of the Platform or a relevant feature in the place where that User is located.
• "Guardian Permission" – Prior and continuing permission for a Younger Authorized User to use the Platform, given by a parent, legal guardian, or other holder of parental responsibility who has legal authority under applicable law. Guardian Permission is a contractual eligibility condition for every Younger Authorized User. It does not make the person giving permission a Customer, accept these Terms or the DPA, or constitute consent to unrelated personal-data processing or marketing. Any additional consent, authorization, notice, or verification required by applicable law remains separately required.
• "Customer Data" or "User Content" – Any files, documents, text, images, audio, video, data, or other materials that you or your Authorized Users upload, record, generate, or submit to the Platform (for example, content added to your private Knowledge Base), including prompts/inputs you provide to AI features and outputs (such as text, images, audio, or video) generated for you.
• "Knowledge Base" – Your private, user- or organization-specific repository of Customer Data on the Platform.
• "AI Features" – The artificial intelligence functionality of the Platform (e.g., chat, content generation, quizzes) powered by third-party AI providers.
• "Subscription" – The purchased plan that grants access to the Platform's services, typically per seat on a monthly or yearly recurring basis.
• "Billing Cycle" – The period covered by your Subscription payment. Subscriptions renew automatically each month or year (depending on your billing cycle) unless canceled.
• "Credits" or "Usage Allowance" – Internal usage units used to measure and limit access to AI generation, translation, and related usage-based features. Current credit allowances and credit-consuming actions are described on our Credits and Usage page.

Other capitalized terms may be defined elsewhere in these Terms. Except where a provision expressly addresses every User or an Authorized User, "you" and "your" mean the Customer.

2. Eligibility and User Accounts

2.1 General Audience and Legal Eligibility

Skillsail is a general-audience business and professional service that may be used by eligible Users aged 13–17 subject to the conditions below; it is not directed to children under 13. A person under 13, or below any higher minimum age required by applicable law for the person's location or the relevant feature, may not access or use the Platform. A person aged 13–17 may access the Platform only as a Younger Authorized User invited or added to an Organization Account by the Customer, and only while the Customer's authorization and Guardian Permission remain in effect. A Younger Authorized User may not use the anonymous demo, create or control an Organization Account, accept these Terms or the DPA, act as Account Owner, administrator, or billing contact, purchase or manage a Subscription, or bind a Customer. The Customer must promptly revoke access if its authorization, Guardian Permission, or any other required authorization ends. We may restrict access after reasonably verified notice of ineligibility or where applicable law or provider terms require it.

2.2 Account Registration

A natural person may create or control an Organization Account, accept these Terms or the Data Processing Agreement for a Customer, act as an Account Owner, administrator, or billing contact, purchase or manage a Subscription, or otherwise bind a Customer only if that person is at least 18 years old, has reached the age of majority and has full legal capacity under applicable law for the relevant act, and has authority to bind the Customer. A legal-entity Customer must act through a representative who satisfies those requirements. Guardian Permission alone does not authorize a Younger Authorized User or the person giving permission to perform any of those acts. A Younger Authorized User may access the Platform only under Section 2.1. Customers and Users must provide accurate, current, and complete information and keep it updated. Misrepresenting identity, affiliation, age, eligibility, capacity, or authority is prohibited.

2.3 Organization Responsibilities for Authorized Users

If you create or administer an Organization Account, you are responsible for managing access to the Platform on behalf of your organization, including:

• Maintaining an accurate list of Authorized Users and promptly granting, modifying, or revoking access as roles change or employment ends.
• Ensuring that only eligible users are granted access, that accounts are not shared, and that users keep their credentials confidential.
• Before inviting or adding a Younger Authorized User, obtaining and maintaining Guardian Permission and every additional consent or authorization required by applicable law; providing its own age-appropriate privacy information for processing it controls; making the current Skillsail Terms and Privacy Policy available to that User; and keeping reasonable evidence that those conditions are satisfied. Skillsail remains responsible for providing its controller notice in clear, accessible language. The Customer represents and warrants that these conditions are met when it grants access and must provide reasonable confirmation where we lawfully request it. If Customer authorization or Guardian Permission is withdrawn, or another eligibility condition ceases to be met, the Customer must promptly revoke access and notify us where reasonably necessary to prevent further use.
• Notifying us without undue delay if you become aware of unauthorized access or a compromise of credentials.
• Being responsible for the actions of your Authorized Users and for all fees incurred under your account.
• Authorizing us to act on instructions from your designated administrators (e.g., Account Owner) regarding account and user management.

2.4 Organization Administration and Deletion

Organization administrators are responsible for maintaining the Organization Account, managing Authorized Users, preserving any Customer Data the organization needs to keep, and ensuring they have authority to give instructions on behalf of the organization. Organization administrators may delete the Organization Account from the Platform. When they do so, we initiate asynchronous deletion of the organization workspace, Customer Data, organization records, and user data associated with that organization from active Skillsail systems, subject to our Privacy Policy, the DPA, provider deletion behavior, backup schedules, and legal retention obligations.

If an Authorized User belongs only to the deleted organization, their Skillsail user identity may also be deleted. If an Authorized User belongs to another Skillsail organization, we retain the identity and data needed for that other organization and remove only the deleted organization's data and membership. Organization administrators are responsible for informing Authorized Users before deleting an Organization Account where required by their internal policies or applicable law.

3. Access: Demo, Free Tier, Usage Limits, and Credits

• Demo. Our demo application at demo.skillsail.com may be used without login only by a User who is at least 18 years old, has reached the age of majority and has full legal capacity under applicable law to accept these Terms as an individual Customer, acts exclusively for business or independent professional purposes, is not acting as a consumer, and otherwise meets Section 2.1. A Younger Authorized User may not use the anonymous demo. The demo is not offered for private, family, household, or other consumer use. It may be used only after these Terms have been made available to the User. By choosing to start the demo after that notice, the User represents that the eligibility conditions above are met and accepts these Terms as an individual Customer solely for demo use. Demo use is subject to fair use and technical limits. When demo limits are reached, the User may be prompted to register.
• Free Tier. The main application offers eligible new Organizations a limited one-time starter allowance. The free tier cannot incur paid overage, and the starter allowance does not refresh. Once all available free-tier allowances are exhausted, credit-consuming actions stop until the Customer purchases a paid Subscription. Any unused starter allowance expires when the Organization's first paid Subscription becomes active; an incomplete or unsuccessful checkout does not expire it. Starter allowances already granted keep their granted amount until that activation.
• Rate Limits & Abuse Prevention. We may implement technical limits (e.g., request caps, storage quotas, or throttling) to ensure stability. Circumventing limits (e.g., via scraping, automation, or multiple accounts) is not permitted.
• Credits and Usage Allowances. Paid plans include a monthly usage allowance measured in Credits. Credits are owned by the Organization Account and shared by its Authorized Users. Current fixed prices, allowances, overage rates, credit-consuming actions, examples, and reset rules are maintained on our Credits and Usage page, which may be updated independently of these Terms.
• Paid Overage. Active paid Plus and Pro Subscriptions can continue to use credit-consuming features after the monthly included allowance is exhausted. Additional Credits are metered and billed at the applicable plan's published overage rate, subject to payment status, the administrator's overage permission and optional cap, technical limits, and abuse prevention.
• No Cash Value. Credits are not currency, legal tender, a stored value account, or a payment instrument. Credits are not redeemable, refundable, transferable, or exchangeable except where required by law.

Feature availability may vary by plan, region, or enablement status and may be modified or discontinued.

4. Subscriptions, Billing, and Managed Payments

Only a Customer acting through an Account Owner, administrator, or billing contact who is at least 18 years old, has reached the age of majority and has full legal capacity under applicable law for the transaction, and has authority to bind the Customer may purchase or manage a Subscription. Paid Subscriptions renew each Billing Cycle until canceled. All paid self-service Subscriptions use Stripe Managed Payments. Sold through Link, LLC provides the Managed Payments service and acts as merchant of record for transactions made through that route. It facilitates Skillsail's sale on Skillsail's behalf, charges and collects Subscription amounts, surfaces checkout, sends transaction and Subscription communications, manages payment-related support and disputes, and determines, collects, reports, and remits supported indirect taxes as described in the Managed Payments terms. Skillsail remains the seller and provider of the Platform, is responsible for the product and its delivery and product support, and remains the Customer's counterparty under these Terms for use of the Platform.

Other Stripe services for Skillsail's German Stripe account are provided by Stripe Payments Europe, Limited and, for applicable regulated payment services, Stripe Technology Europe, Limited. Stripe Technology Company, Limited is Stripe's principal controller for other EEA controller activities under Stripe's current privacy disclosures. A checkout page, receipt, invoice, support interface, or payment statement may identify "Sold through Link," "Link," a Stripe entity, Skillsail, or a combination of them. The relevant Stripe and Link services are also subject to the transaction terms and privacy notices presented for their respective roles.

• Auto-Renewal. Subscriptions renew each Billing Cycle unless the Customer cancels before renewal. Sold through Link charges and collects amounts for Managed Payments Subscriptions on Skillsail's behalf.
• Fixed and Metered Charges. Plus and Pro each include a fixed monthly Subscription charge, a monthly included Credit allowance, and a per-Credit rate for usage above that allowance. Stripe invoices metered overage after the monthly Billing Cycle ends. Current amounts and rates are published on the Credits and Usage page and shown during plan selection or checkout.
• Usage Estimates and Caps. In-product usage and overage totals are estimates. The finalized Stripe invoice is the billing record and may reflect meter processing, corrections, taxes, discounts, credits, and invoice finalization. An Organization administrator may turn off new usage beyond the included allowance or set an optional monetary overage cap; overage is allowed without a cap by default. Turning overage off or reaching a cap does not reverse usage already incurred, and completed usage or work already in progress can remain billable.
• Historical Credit Balances. Any historical top-up Credits remain separate from a paid Managed Payments Subscription and do not offset its metered overage. Other free-tier included allowances retire with the starter allowance. Paid customer concessions are issued through Stripe.
• Plan Changes. An upgrade from Plus to Pro takes effect immediately, starts a fresh Pro Billing Cycle and allowance, and is subject to Stripe's proration and invoicing rules. A downgrade from Pro to Plus takes effect at the end of the current Billing Cycle.
• Taxes. Sold through Link determines, collects, reports, and remits indirect taxes for supported Managed Payments transactions where its terms and applicable law assign it that responsibility. The Customer remains responsible for taxes, exemptions, reverse-charge obligations, and accurate billing or tax information not handled by that service.
• Cancellation. The Customer can cancel at any time, effective at the end of the current Billing Cycle. Access continues until the period ends.
• Refunds. The Managed Payments refund policy controls where it gives the Customer a refund right or permits Sold through Link to issue a refund. Subject to that policy and mandatory law, Skillsail fees are otherwise non-refundable once a Billing Cycle starts.
• Price Changes. We may change prices or features on renewal. We will provide notice where legally required.

5. Ownership of Content and License to Skillsail

As between Skillsail and the Customer, Skillsail claims no ownership in Customer Data. The Customer and its Authorized Users retain their respective rights in content they own; these Terms do not transfer rights between the Customer and an Authorized User. To the extent permitted by applicable law and provider terms, AI-generated output is made available to the Customer without determining how rights are allocated internally between the Customer and its Authorized Users.

• Limited License to Operate the Service. The Customer grants us a non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely as necessary to provide, maintain, and secure the Platform and, only to the extent permitted by the Privacy Policy, the DPA, and applicable law, improve it. Customer Personal Data processed solely on the Customer's behalf is not licensed for independent product improvement beyond lawful documented instructions, uses permitted by the DPA and applicable law, or use after the data has been rendered anonymous so that it is no longer personal data. The Customer represents that it is authorized to grant this license for Customer Data supplied by its Authorized Users. The license ends when the relevant Customer Data is deleted from our active systems, except to the extent continued processing or retention is permitted by these Terms, the Privacy Policy, the DPA, or applicable law.
• Customer Responsibilities. The Customer represents and warrants that it and its Authorized Users have all rights and permissions necessary to submit, use, publish, export, and distribute the content and that their use complies with these Terms and applicable law.
• Publishing, Sharing, and Export. The Customer decides whether and how Customer Data is made available to others, including publishing a training to a public link, protecting it with a password, offering it as a template, exporting it as a SCORM, xAPI, cmi5, or standalone HTML5 package, and distributing it through a learning management system or any other channel. The Customer is responsible for that decision and for the published result, including obtaining every license, permission, release, and clearance required for the content it contains, complying with applicable law on copyright, trademark, personality and publicity rights, privacy and data protection, accessibility, and advertising, and providing any notice or attribution required for material the Customer uploads or otherwise supplies. We do not review, approve, or clear Customer Data before it is published or exported.
• Feedback. If the Customer provides suggestions, the Customer grants us a non-exclusive, royalty-free, worldwide, perpetual license to use them without obligation. Feedback submitted independently by an Authorized User is not treated as a license from that User under this clause unless the Customer is authorized to provide it or applicable law otherwise permits that use.

6. AI Services and Third-Party Providers

AI Features may route requests through Vercel AI Gateway to model, inference, translation, or media providers such as OpenAI, FAL.ai, DeepL, Microsoft Azure, and ElevenLabs (collectively, "AI Providers"). The provider depends on the selected feature, model, and active routing configuration. Prompts, inputs, selected files or content, related metadata, outputs, and audio or text-to-speech data needed for the request may be processed under the applicable provider's actual role, business or API terms, data-processing terms, and configuration. A provider that processes Customer Personal Data for a Skillsail-operated route is treated as a subprocessor or authorized further subprocessor where applicable. The current disclosed recipients are listed on our Subprocessors page.

• No Training on Your Data. We do not use Customer Data to train or fine-tune shared, general-purpose AI models. A provider's permitted use of request data is governed by the terms and configuration applicable to the selected route; we do not make a broader promise than those terms provide.
• Rights in Outputs. As between Skillsail and the Customer, and consistent with Section 5, any rights that exist in an output generated through the Platform belong to the Customer. To the extent a copyright or a related right (Leistungsschutzrecht) arises in an output and would otherwise belong to us, we grant the Customer a non-exclusive, worldwide right to use that output, unlimited in time and content, covering all known types of use and, so far as the law allows, types of use not yet known, if and to the extent such rights arise. The Customer may transfer or sublicense that right, in each case only so far as doing so does not exceed the rights we ourselves hold. This grant covers only rights we hold or acquire, takes effect when the output is generated, and is subject to the terms of the AI Provider applicable to the selected route. The grant is non-exclusive because we cannot make it exclusive: AI Providers retain their own rights in output generated through their services, and the same or a similar output may be produced for another customer. Generated voice audio is licensed as audio only. It carries no right in the underlying synthetic voice, and the Customer must not use an output to clone, re-synthesize, or train a model on a voice. The Customer may use outputs commercially, including in trainings it sells, licenses, publishes, or distributes through a learning management system, and we impose no restriction on that use beyond these Terms, the applicable AI Provider terms, and applicable law.
• Limits of that Grant. Under German and United States law, material generated by an AI system without a sufficient human creative contribution is generally not protected by copyright, and no agreement can create protection that the law does not grant. A training as a whole is normally protected where the Customer's own written text and the Customer's selection, arrangement, and design carry the required creativity. An individual generated image, an individual generated passage, or a generated voiceover may not be protected on its own. Using AI Features may therefore affect the Customer's ability to obtain, register, or enforce intellectual property rights in an output, including its ability to prevent a third party from copying an individual generated element. The position differs between countries, and this area of law is still developing.
• No Warranty or Indemnity for Outputs. We do not represent or warrant that an output is original, unique, protectable, or free of third-party rights, and outputs may be similar to outputs generated for other customers. We give no indemnity for outputs. The Customer remains responsible for reviewing outputs and for obtaining every license, permission, release, and clearance it needs before publishing, exporting, or otherwise distributing them.
• No Regulated Advice. AI outputs are for informational purposes only and are not legal, medical, or financial advice.
• Privacy. Our processing of personal data is described in our Privacy Policy. When we act as a processor for organizations, processing is governed by our Data Processing Agreement (Art. 28 GDPR), which is incorporated into these Terms.

7. Acceptable Use Policy

Every User must comply with this Acceptable Use Policy as a condition of access. A User must not misuse the Platform or upload, generate, store, share, publish, or export content that is illegal or violates these Terms, including:

• Illegal content; content infringing intellectual property or privacy rights; or content violating export controls or sanctions.
• Content involving pornography, sexual exploitation, child sexual abuse material (CSAM), harassment, hate speech, incitement to violence, self-harm, or exploitation.
• Content promoting illegal drugs, weapons, or criminal activity.
• Malware, phishing, spam, or attempts to disrupt or degrade the service.
• Except where the parties expressly agree otherwise in writing, Special Category Data under Article 9 GDPR or other highly regulated personal data submitted anywhere in the Service. Regardless of any separate agreement, Users must not submit payment-card data, protected health information, government-issued identifiers, financial account details, account credentials, authentication secrets, or other Restricted Data through AI or MCP features.
• Attempts to bypass usage limits, scrape, reverse engineer, or perform security testing without written permission.

We may suspend or terminate access for violations. We may remove content that we reasonably believe violates law or these Terms.

8. Confidentiality

Each party agrees to protect the other party's non-public information with reasonable care and to use it only as necessary to perform under these Terms. This section does not limit disclosures required by law, provided the receiving party gives prompt notice where lawful.

9. Service Availability and Support

We aim to provide reliable service but do not guarantee uninterrupted or error-free operation. From time to time we may perform maintenance, updates, or changes that may affect availability. Where practicable, we will schedule maintenance to minimize disruption.

Beta/Preview Features. We may offer features labeled alpha, beta, or preview. Such features are provided "as is", may change or end at any time, and are excluded from any uptime or support commitments.

10. Term, Termination, and Discontinuation

• By the Customer. The Customer may cancel its Subscription at any time effective at the end of the current Billing Cycle. Organization administrators may delete an Organization Account from the Platform only after every Subscription has ended. Organization deletion does not cancel an active, trialing, paused, past due, unpaid, or incomplete Subscription. The administrator must schedule cancellation through the provider-owned billing management flow and wait until the Subscription has ended. Except where required by law, deletion does not create an automatic refund and does not remove subscription, plan, credit, entitlement, provider-identifier, or status records that Skillsail must or may retain, or payment-instrument, hosted invoice, refund, dispute, tax, or accounting records that Stripe controls and must or may retain. Individual Users and persons legally authorized to act for them may separately submit privacy-rights requests as described in the Privacy Policy. Such a request does not by itself cancel the Customer's Subscription or delete the Organization Account.
• Withdrawal of User Authorization. Withdrawal of the Customer's authorization, or of Legally Required User Permission where applicable law requires it, ends the affected User's authorized access but does not by itself cancel the Customer's Subscription or delete the Organization Account. The Customer must revoke that User's access. We may restrict the affected User's access after receiving a request whose identity and authority we can reasonably verify. Personal data remains subject to the Privacy Policy and the applicable controller-processor relationship.
• By Us. We may suspend or terminate access immediately for: non-payment; repeated or material violations of these Terms; unlawful use; security risks; or to comply with law.
• Effect of Termination. Upon termination of the Customer's agreement, the Customer's and its Authorized Users' right to access the Platform ends. Upon termination of one User's access, only that User's authorization ends. We may retain limited data as required or permitted by law, the Privacy Policy, or the DPA; the Customer is responsible for exporting Customer Data before termination where feasible.
• Discontinuation / Business Shutdown. We may discontinue the Platform in whole or in part (including in connection with a business wind-down, merger, acquisition, or similar corporate event). Where commercially reasonable, we will provide at least 30 days' advance notice (or shorter if required by law or to address security or operational risks). We will: (a) provide reasonable means to export your content during a stated export window (at least 30 days after notice); (b) arrange pro-rata refunds of prepaid fees for the period after the effective shutdown date through our payment provider; and (c) delete or anonymize personal data in accordance with our Privacy Policy and applicable law.

11. Warranties Disclaimer

The Platform and all outputs are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement, to the maximum extent permitted by applicable law.

Sections 11 and 12 allocate risk only between Skillsail and the Customer. They do not make an Authorized User, parent, guardian, or other data subject a contracting party, and they do not limit any direct statutory claim or non-waivable right that such a person may have under applicable law.

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenues, data, or goodwill, arising from or relating to the Customer's or its Authorized Users' use of the Platform.

Aggregate Cap. As between Skillsail and the Customer, our total liability for claims by the Customer arising out of or relating to these Terms is limited to the total fees the Customer paid to us for the Platform in the current Billing Cycle in which the event giving rise to the liability occurred. We are only liable to the Customer for damages directly caused by our own breach of these Terms or our willful misconduct, subject in every case to the exceptions below.

Nothing in these Terms limits liability where such limitation is not permitted by law, including for intent (Vorsatz), gross negligence (grobe Fahrlässigkeit), injury to life, body, or health, or under the Product Liability Act. Statutory consumer rights (if applicable) remain unaffected.

13. Indemnification

To the extent permitted by applicable law, the Customer will indemnify us against third-party claims, reasonable costs, and liabilities to the extent caused by Customer Data supplied or authorized by the Customer, including its publication, sharing, or export by or at the Customer's direction, the Customer's breach of these Terms, or an Authorized User's misuse that the Customer authorized or failed to stop after becoming aware of it. This obligation does not apply to the extent a claim was caused by our breach, gross negligence, or willful misconduct.

14. Governing Law and Venue

These Terms are governed by the laws of Germany, without regard to conflict of law principles. The exclusive place of jurisdiction is Munich, Germany, provided the customer is a merchant (Kaufmann) or otherwise not a consumer. We and you may seek injunctive or equitable relief in any competent court.

15. Changes to the Platform or these Terms

We may modify the Platform and these Terms from time to time. If a change is material, we will provide notice to the Customer (e.g., in-app or by email). The revised Terms take effect for the Customer on the date stated in the notice or when accepted, as applicable. Where applicable law or the parties' agreement requires affirmative acceptance, a material change does not bind the Customer until that acceptance is obtained. Otherwise, the Customer's continued use after the stated date may constitute acceptance to the extent permitted by law. An Authorized User's continued use does not by itself represent acceptance by the Customer, a parent, or a legal guardian. The Customer remains responsible for maintaining Guardian Permission and every additional authorization required by applicable law as described in Section 2.1.

A change to the Data Processing Agreement is governed exclusively by the acceptance and change provisions in that agreement. A generic Terms notice or continued use of the Platform does not by itself accept a new DPA Cover Page or replace the DPA version already agreed with a Customer.

16. Miscellaneous

• Assignment. The Customer may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is found unenforceable, the remainder will remain in full force and effect.
• No Waiver. Failure to enforce any provision is not a waiver of rights.
• Notices. We may provide notices via the Platform, email, or the Customer's account address. The Customer should send legal notices to hello@skillsail.com.
• Language. These Terms are written in English. Any translation is provided for convenience, and the English version controls to the extent permitted by applicable law.
• Entire Agreement. These Terms, together with the documents incorporated by reference (including the Credits and Usage page and, where applicable, the Data Processing Agreement), constitute the entire agreement between the Customer and us regarding the Platform and supersede prior agreements on the same subject.
• Survival. Sections 5 (Ownership), 8 (Confidentiality), 11 (Warranties Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 14 (Governing Law and Venue), 16 (Miscellaneous), and any provisions that by their nature should survive, will survive termination or discontinuation of the Platform.

Contact

If you have questions about these Terms and Conditions, please contact us at:

Email: hello@skillsail.com

Address: Skillsail GmbH, Elektrastraße 11, 81925 Munich, Germany