Legal

Skillsail Terms and Conditions

Effective Date: 21.05.2025

Company Information: These Terms and Conditions (the "Terms") govern your use of the Skillsail platform ("Skillsail" or the "Platform"), an AI-powered learning management service provided by [Skillsail Provider], a company based in Germany (referred to as "Company," "we," or "us"). By registering for or using Skillsail, you (the "User" or "you; including both individuals and organizations) agree to be bound by these Terms. Please read them carefully.

1. Definitions

For clarity in these Terms, the following definitions apply:

  • “Platform” or “Skillsail” – The Skillsail online learning management system, including the website, dashboard, AI chatbot, and related services, software, and features provided by us.
  • “User” – Any individual or legal entity (company or organization) that registers for, accesses, or uses the Platform. This includes Organization Account Owners (such as companies or solo users who create an organization in Skillsail) and Authorized Users (employees or team members invited to an Organization Account).
  • “Organization Account” – A business or organizational account on the Platform created by a company, team, or an individual acting as an organization (including solo subscribers). 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 team member) who is authorized to use Skillsail under that organization's subscription.
  • “Customer Data“ or “User Content“ – Any files, documents, text, images, data, or other content that you or your Authorized Users upload or submit to Skillsail (for example, content added to your private knowledge base). Customer Data also includes the questions, prompts, and inputs you enter for the AI chatbot, as well as any outputs (answers, responses, quizzes) generated by the Platform specifically from your inputs and knowledge base.
  • “Knowledge Base“ – The private, user-specific repository of Customer Data on the Platform. When you upload files or content to Skillsail, they are stored in your Knowledge Base for your organization's use.
  • “AI Chatbot“ – The artificial intelligence feature of Skillsail that answers questions and provides interactive content (such as quizzes) based on the content of your Knowledge Base and other underlying AI models.
  • “Subscription“ – The purchased plan that grants access to the Platform's services, typically on a per-seat, monthly recurring basis. A seat refers to one authorized user slot under a Subscription.
  • “Billing Cycle“ – The monthly period covered by your Subscription payment. Billing is done on a month-to-month basis (monthly billing only, no annual billing), and subscriptions renew automatically each month unless canceled.

Other capitalized terms may be defined elsewhere in these Terms. These definitions are provided to ensure clarity and avoid ambiguity.

2. Eligibility and User Accounts

2.1 Minimum Age Requirement

Skillsail is intended only for users who are at least 18 years old (or the age of majority in your jurisdiction, if higher). By registering an account or using the Platform, you represent and warrant that you are 18 years of age or older and fully capable of entering into a binding contract under applicable law. The Platform is not for use by minors. If you are under 18, you must refrain from using Skillsail. We reserve the right to request proof of age or to terminate/suspend accounts that we suspect are used by minors.

2.2 Account Registration

To access Skillsail's services, you must create a user account. Individuals may sign up and will have the option to create a personal organization (even solo users are treated as an "Organization" for account management purposes). Companies or Teams may register an Organization Account and designate an administrator (Account Owner) who can invite and manage team members. When creating an account, you agree to provide accurate, current, and complete information (such as full name, organization name, a valid email address, and payment details if subscribing). You must keep your account information updated. Misrepresenting your identity or affiliation is prohibited.

2.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials (username and password) and for all activities that occur under your account. If you invite Authorized Users to your Organization Account, you are responsible for managing their access and ensuring they also keep their credentials secure. Notify us immediately at [Contact Email] if you suspect any unauthorized use of your account or a security breach. We are not liable for any loss or damage arising from your failure to safeguard account information.

2.4 Authorized Users in an Organization

If you are an Organization Account owner (such as a company administrator or a solo user who created an organization), you may invite employees or other team members to join your organization on the Platform as Authorized Users. Invited users must create their own login and accept these Terms to use the Platform under your subscription. As the Organization Account owner, you are responsible for all use of the Platform by your Authorized Users and for ensuring that all such users comply with these Terms. You must have the authority to bind your Organization and its team members to these Terms, and by inviting others you confirm that such authority exists. We may require each Authorized User to accept these Terms when they first log in, but this does not relieve the Organization owner of responsibility for their compliance.

3. Subscription Plans, Fees, and Payment

3.1 Subscription Model

Skillsail operates on a subscription-based model. Organizations (including companies or solo users) must purchase a Subscription plan to use the Platform beyond any free trial or limited free features (if offered). Subscriptions are billed on a monthly basis (monthly billing only), and pricing is typically set per seat (per Authorized User license). This means the subscription fee is determined by the number of user accounts (seats) in your Organization Account's plan. All fees and pricing will be disclosed at the time of purchase or in your account settings.

3.2 Payment and Billing

By subscribing, you agree to pay the monthly subscription fees for the number of seats you select, plus any applicable taxes (e.g., VAT) as required by law. Billing Cycle: Your subscription is charged in advance for each monthly billing cycle, starting on the date of your initial subscription purchase. The subscription will auto-renew at the end of each billing cycle for the next month, unless canceled in accordance with Section 3.5. We (or our payment processor) are authorized to automatically charge your provided payment method (e.g., credit card) for each renewal until you cancel. Ensure your payment information is accurate and up-to-date; you remain responsible for any uncollected subscription fees.

If your primary payment method fails or is declined, we may attempt to charge any backup payment method you provided, or we may contact you for updated payment details. If payment is not completed, we reserve the right to suspend or limit your account until payment is received. No fee sharing: Each Organization Account requires its own subscription. Authorized Users under an organization are covered by that organization's subscription and should not separately pay for individual subscriptions for the same service.

3.3 Changes to Subscription (Seats or Plan)

You may add seats (additional users) at any time by upgrading your subscription plan or inviting additional Authorized Users (your account will be charged a pro-rated amount for any additional seats added mid-cycle, or as otherwise described in the billing terms on the Platform). If you remove seats or users, or downgrade your plan, such changes will typically take effect at the next billing cycle. We do not provide prorated refunds for removing seats or downgrading in the middle of a paid period, but you will not be charged for removed seats in the subsequent cycle. We reserve the right to change the fees or pricing structure for Skillsail, but any changes will be communicated to you with reasonable notice and will not apply retroactively to any already-paid period. If you do not agree to a pricing change, you may cancel your subscription before the new fees take effect.

3.4 Taxes

All fees are stated exclusive of any taxes (unless otherwise indicated). You are responsible for any sales, use, value-added, or similar taxes (collectively "Taxes") that apply to your subscription fees or other charges. If we are required to collect Taxes from you, we will add those to the charges at the applicable rate. For customers in the European Union or Germany, if VAT applies, it will be added at the appropriate rate unless a reverse-charge exemption or other exemption is applicable and you have provided valid evidence of exemption is applicable and you have provided valid evidence of such exemption.

3.5 Cancellation of Subscription

You may cancel your Skillsail subscription at any time. Cancellation will halt future auto-renewal charges. If you cancel, your subscription will remain active until the end of the current monthly billing cycle, and you will continue to have access to the Platform's services until that date. After the end of the billing period in which you cancel, your subscription will not renew and your access to paid features will cease. No pro-rated refunds are provided for cancellation mid-cycle; the monthly fee for the ongoing period is non-refundable (except as required by law or Section 3.6 below). To cancel, you must follow the account cancellation procedure provided on the Platform or contact our support.

(Example: If your billing cycle is on the 1st of each month and you cancel on June 15, service continues until June 30 but will not renew on July 1.)

3.6 Refunds

As a general rule, subscription payments are non-refundable once a billing cycle has begun. If you cancel after your billing period has started, you will not receive a refund for that period – you will retain access for the remainder of the paid month, but no further charges will occur. The only exception is if applicable consumer protection laws require a refund or a cooling-off cancellation (for instance, certain jurisdictions provide consumers a right to withdraw from online purchases within 14 days). In such cases, we will comply with relevant laws. If you believe you are entitled to a refund under the law or due to an error on our part, please contact support and we will review your request in good faith.

3.7 Subscription Termination by Company

We reserve the right to terminate or not renew your subscription in the unlikely event that we discontinue the Platform or for other legitimate reasons such as your breach of these Terms (see Section 11), provided we give notice to the account owner. If we terminate your subscription without cause (e.g., shutting down the service), we will refund any prepaid fees for the remaining period of your subscription on a pro-rata basis. If termination is due to your breach of these Terms or misuse of the Platform, no refund will be due for the remaining period (and we may also bar you or your organization from re-registering).

4. Description of Services

4.1 Platform Functionality

Skillsail provides an AI-powered learning and knowledge management environment with the following core features:

  • Private Knowledge Base: You may upload files and content to build your organization's private knowledge base on the Platform. This content could include documents, manuals, FAQs, training materials, or other resources relevant to your team. The knowledge base is private to your account/organization by default – meaning only you and your invited Authorized Users can access the content you upload. We will not share your uploaded content with other customers or third parties except as needed to provide the service to you, as detailed in these Terms. You have control over what content to upload, and you can update or delete content from your knowledge base at any time during an active subscription.
  • AI Chatbot Q&A: The Platform includes an interactive AI chatbot assistant that can answer questions by referencing and using the content in your knowledge base. You and your Authorized Users can input queries or prompts, and the chatbot will generate responses drawing from both your uploaded data and its underlying AI model capabilities. The chatbot is designed to help you retrieve information, explain concepts, or otherwise assist with learning and training tasks using your own data. Interactive Quizzes and Questions: In addition to direct Q&A, the AI may also provide interactive questions (such as quizzes, flashcards, or knowledge-checks) based on your content. Users can respond to these quizzes within the chat interface, and the AI can give feedback or further explanation. These interactive features are meant to enhance engagement and learning.
  • Organization Management: Skillsail allows organization administrators to manage their team – including adding/removing seats (user licenses), inviting new users by email, assigning roles or permissions (if applicable), and overseeing content uploaded to the knowledge base. Admins can also view usage metrics for their team (such as who last accessed the platform, number of questions asked, etc.), subject to our Privacy Policy.
  • Updates and Support: We continuously work to improve the Platform. From time to time, we may deploy updates, bug fixes, or new features. The Platform is provided on an "as available" basis; while we strive for high availability, we do not guarantee uninterrupted service. Scheduled maintenance or unexpected outages may occur, and we will attempt to inform you of significant downtime in advance when possible.

4.2 Use of Third-Party AI Services

Our AI chatbot functionality may be powered in part by third-party AI model providers or cloud services (for example, large language model APIs from providers such as OpenAI, Aleph Alpha, Mistral, or others) integrated into Skillsail. By using the Platform, you acknowledge that some of your inputs and content may be transmitted to these AI service providers solely for the purpose of generating responses or performing analysis to serve you. However, we contractually or via settings ensure that such providers do not use your data for training or improving their general models. In other words, your content is only processed to generate the results for your queries and is not retained by those AI providers to improve their services. We carefully select and configure these providers to honor our data usage restrictions. Nonetheless, you agree to the use of such third-party services as part of Skillsail's functionality. We are not responsible for any independent features or terms of those third-party services beyond our control, but we will use commercially reasonable efforts to ensure they handle your data in accordance with our commitments under these Terms.

(For example, if Skillsail's chatbot uses OpenAI's API to generate an answer from your document, we will use the API settings that opt-out of data logging or training at OpenAI, so your content isn't retained on their side.)

4.3 Service Modifications

We reserve the right to make changes or updates to the Platform's features and services. If we make significant changes that affect your rights or usage (for example, removing a core feature or substantially changing the subscription model), we will provide notice (e.g., by email or notice on the Platform) in advance. If any change materially reduces the functionality or value of the service you've already paid for, you may have the right to cancel your subscription and receive a pro-rata refund for the remaining period. Continuing to use the Platform after a change indicates your acceptance of the new features or Terms applicable.

5. User Content and Knowledge Base Data

5.1 Ownership of Your Content

You retain all rights and ownership in the content that you upload or submit to Skillsail. All files, documents, text, images, or data you provide to the Platform (your Customer Data) remain your property (or the property of your licensors). Skillsail does not claim ownership of your uploaded content. These Terms do not grant us any rights to your content except for the limited license necessary to operate the service, as described below.

5.2 Limited License to Operate the Service

When you upload or submit content to your Knowledge Base or otherwise provide any Customer Data on the Platform, you grant the Company a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, and process your content for the sole purpose of providing the Skillsail services to you and your Authorized Users. This license allows us to for example: save your files on our secure servers, index or transform your documents to make them searchable for the AI, display them to you within the app, and feed relevant data into the AI model to answer your questions. We will not use or access your content for any other purposes outside of providing the service to you, except as required by law or with your explicit consent. In particular, we will not use your Customer Data to train or improve any general AI models beyond your own direct use of the Platform. All processing of your data by us or our technology partners is solely aimed at fulfilling the functionality of Skillsail for your benefit.

This license to your content is limited in duration to your use of the Platform – it expires when you remove the content or terminate the Services, allowing for reasonable backup and retention periods (see Section 12 on data export and deletion). It also extends to our affiliates and trusted service providers (such as cloud hosting providers or AI model vendors) solely to the extent necessary for them to assist in providing the Platform, and always under obligations of confidentiality and data protection consistent with these Terms.

5.3 Data Privacy and Protection

We understand that the content you upload may be confidential to you (for example, internal company documents). We will treat your Customer Data as confidential information and not disclose it to any third party except: (a) to our service subprocessors as noted above, under strict confidentiality and only as needed to run the Platform; (b) if required by law, subpoena, or court order (and in such case we will, if lawful, attempt to notify you and limit the disclosure); or (c) with your explicit permission. Our handling of personal data you provide (such as personal information in your account profile or within your uploaded content) is governed by our Privacy Policy, which is hereby incorporated by reference. However, this document (Terms and Conditions) is not a Privacy Policy – please refer to the separate Privacy Policy for detailed information on how we collect, use, and protect personal data. By using the Platform, you consent to our use of your data in accordance with the Privacy Policy.

We implement industry-standard security measures to safeguard your data (such as encryption in transit, access controls, and regular backups). While we strive to protect your content, you acknowledge that no internet or cloud service is 100% secure. Transmissions over the internet and electronic storage can potentially be subject to breaches or unauthorized access. We do not guarantee absolute security of data; however, we will not hold ourselves blameless in cases of our own gross negligence or willful misconduct that result in a breach. You are encouraged to maintain backup copies of your important data. In the event of a data breach affecting your content, we will notify you as required by law and take reasonable steps to mitigate the issue.

5.4 User Responsibilities for Content

You are solely responsible for all content you upload or input into Skillsail and the consequences of using it on the Platform. By uploading content, you represent and warrant that: (a) you have all necessary rights, licenses, or permissions to use and share that content (including any personal data within it) on the Platform, and to grant us the license in Section 5.2; (b) the content does not infringe or violate any intellectual property rights, privacy rights, or other rights of any third party; (c) the content is not illegal, defamatory, or otherwise in violation of these Terms or applicable law; and (d) to the extent the content contains personal data of individuals, you have complied with all applicable data protection laws in collecting and uploading such data (for example, you have a legal basis and, if required, consent from individuals to use their data in this manner). You agree that you will not upload any content that is highly sensitive or regulated (e.g., personal health information, credit card numbers, classified information, etc.) unless you have appropriate safeguards and our explicit agreement, as the Platform is not designed to comply with specific regulations like HIPAA by default.

We do not pre-screen content that users upload, but we reserve the right to remove or disable access to any content we become aware of that we believe violates these Terms or the law (for example, in response to a DMCA copyright infringement notice, or if the content is clearly unlawful). However, the responsibility for the content remains with you, not with Skillsail.

5.5 No Data Training Use

To reiterate and emphasize: Your uploaded data will never be used to train our proprietary AI models or any third-party provider's AI models for improving their services. All AI processing that occurs with your data is done "on-demand" to serve your queries and not to feed back into any general machine learning pipeline. We understand the importance of your data's confidentiality and intellectual property, and we contractually ensure that our AI providers (if any) do not retain or learn from your content beyond your own usage. In summary, your data remains isolated within your account's knowledge base and is utilized only to provide you with the functionalities of the Platform.

6. AI Chatbot and AI-Generated Content

6.1 AI Chatbot Service

Skillsail's AI chatbot allows users to ask questions and receive answers that leverage the content of your knowledge base. When you or an Authorized User asks a question, the Platform's system will retrieve relevant information from your uploaded content and may combine it with the capabilities of large language models to generate a conversational answer. The chatbot may also proactively pose questions (like quizzes or knowledge checks) related to your content to facilitate learning. By using this feature, you agree to the processing of your inputs (questions, prompts) and your relevant content to generate outputs.

6.2 Quality and Limitations of AI Outputs

Artificial Intelligence is an evolving technology. While our goal is to provide accurate and relevant answers, the AI-generated outputs (answers, explanations, or quiz feedback) may not always be correct, complete, or up-to-date. You accept and agree that any content generated by the AI chatbot is provided "as is" for informational purposes and should not be relied upon as professional advice or the sole source of truth for important decisions. The AI might occasionally produce incorrect statements ("hallucinations"), misinterpret a query, or fail to find the relevant information in your knowledge base. It might even present an answer in a confident manner that appears authoritative, but that could be inaccurate. Therefore:

  • Use Caution: You should independently verify critical information before relying on any AI-provided answer. For example, if the Platform gives an answer that has legal, financial, or safety implications, treat it as a starting point and consult a qualified professional or authoritative source for confirmation. The AI's responses are not a substitute for professional judgment or personalized expert advice.
  • No Professional Advice: The Platform's outputs do not constitute legal, financial, medical, or other professional advice. You remain responsible for how you use or act on the chatbot's information.
  • Review and Discretion: We encourage you to use human discretion and review when using AI outputs for any external or critical purpose. If your organization uses Skillsail for training or informational assistance, any content the AI produces should ideally be reviewed by a knowledgeable person in your team, especially before being distributed or relied upon.
  • Educational Use: Interactive quizzes and answers are meant to aid learning. They should be taken in the spirit of practice and engagement, not as guaranteed correct grading or official certification.

By using the AI features, you acknowledge these limitations and agree that we are not liable for any losses or damages arising from decisions you make in reliance on AI-generated information (see also Section 15 on Limitation of Liability). We will, however, make reasonable efforts to improve the accuracy and usefulness of the AI over time. We also provide features (like the ability to view source excerpts or references, if available) to help you gauge the basis of an answer.

6.3 User Input Responsibilities

When interacting with the AI chatbot, you agree to use it responsibly. Do not input any content that violates the law or the rights of others (see Acceptable Use in Section 7). You also agree not to use the chatbot in ways that could cause harm – for instance, do not ask it to generate disallowed content or use it to spam/harass others. You must not rely on the AI to do tasks that are inherently dangerous or illegal. If you choose to share or publish any output generated by the AI, you are responsible for the consequences of doing so.

Keep in mind that the chatbot's responses are tailored to the information it has (your knowledge base and its general training) – if your knowledge base lacks certain information, the chatbot may not have a basis to give a correct answer on that. The quality of output can depend on the quality and relevance of the content you provide.

6.4 Monitoring and Improvement

We may monitor interactions with the AI chatbot (e.g., the queries and responses) for the purposes of providing and improving the service, and ensuring compliance with these Terms. For example, we might track usage patterns or review certain prompt/response pairs if flagged for potential abuse or error. Any such monitoring will be done in accordance with our Privacy Policy and with respect for user confidentiality. If we use any conversation logs to improve our services, we will anonymize or aggregate data where possible. We reiterate that we will not use your conversations or data to improve general AI model training beyond the Skillsail service context (no training of provider models, as stated). However, we may analyze usage to refine our platform (e.g., improving search algorithms, user experience, or model configurations).

If you encounter any problematic or inappropriate output from the AI (e.g., offensive content, incorrect answers that could cause harm if acted upon, etc.), please report it to us at [Support Contact] so we can take appropriate action (such as adjusting the AI or adding filters).

7. Acceptable Use Policy

By using Skillsail, you agree to the following acceptable use terms. These rules are important to maintain a safe, lawful, and fair environment for all users:

7.1 Lawful Purposes Only

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use Skillsail in any manner that: (a) violates any applicable laws or regulations (including, but not limited to, intellectual property laws, export control laws, privacy and data protection laws); or (b) is fraudulent, harmful, or deceptive.

7.2 Prohibited Activities

You shall NOT engage in any of the following activities on or in relation to the Platform:

  • Infringement: Upload, share, or use any content that infringes upon or violates the intellectual property rights or other rights of any party. This includes uploading copyrighted material that you do not have permission to use, or proprietary information of others without authorization.
  • Illegal or Harmful Content: Use the Platform to store, transmit, or distribute content that is illegal, defamatory, obscene, pornographic, hateful, or that promotes violence, terrorism, or harm to any individual or group. Also, do not use the Platform for illicit activities such as phishing, fraud, running illegal contests, gambling operations, or selling unlawful products/services.
  • Harassment or Abuse: Engage in harassment, bullying, or stalking of other users or our staff. Do not use Skillsail's communication tools (if any, such as chat or support channels) to send spam, unwanted messages, or to impersonate any other person or entity.
  • Security Violations: Attempt to probe, scan, or test the vulnerability of the Platform or any related system or network. Do not breach or bypass any security or authentication measures. You may not attempt to gain unauthorized access to other accounts, or to data that is not owned by or intended for you.
  • Reverse Engineering and Misuse: You may not reverse engineer, decompile, or disassemble any aspect of the Platform, nor attempt to derive the source code or underlying algorithms (except as permitted by mandatory law). Also, you must not misuse the service by inserting malicious code, viruses, Trojan horses, or performing any actions that could damage, disable, or impair the operation of the Platform (such as a denial-of-service attack).
  • Automated Access: Do not use bots, scrapers, or automated methods to access or extract data from the Platform without our prior permission. This includes not trying to systematically download or "scrape" content (for example, using an automated script to export all chatbot outputs in bulk) beyond the provided export features.
  • Circumventing Limits: Do not attempt to circumvent or bypass any usage limits, seat license counts, or other restrictions that are built into the Platform. For instance, if your plan limits the number of AI queries per month or the number of user seats, you should not try to use technical workarounds to exceed those limits.
  • Competing Services: You may not use Skillsail to develop or enhance a competing product or service. For example, do not feed outputs or insights from our Platform into training your own AI system intended to compete with Skillsail, and do not directly copy features or content in violation of our intellectual property rights. (General learning and inspiration are fine; wholesale copying or misuse is not.)

7.3 Platform Integrity

You must not do anything that interferes with or disrupts the proper functioning of Skillsail or its infrastructure. This includes avoiding any actions that impose an unreasonable load on our servers (e.g., launching a massive number of simultaneous requests outside normal use). Use the service reasonably and with respect for our bandwidth and processing capacities.

7.4 Authorized Use Only

Use of the Platform is limited to registered users and Authorized Users of organizations. You agree not to share your account with unregistered users or otherwise allow anyone outside your organization (or who isn't properly invited to the Platform) to access the service under your credentials. If you are an Authorized User, your rights to use Skillsail are subject to the control of the Organization Account owner (for example, your employer) and these Terms. If your status with the organization ends (e.g., you leave the company), the organization may revoke your access. You must stop using the Platform if you are no longer authorized by the account owner.

7.5 Violation Consequences

If you violate this Acceptable Use Policy or any other provision of these Terms, we may take action including suspending or terminating your account or subscription (with or without notice, depending on severity) and, for serious matters, possibly pursuing legal remedies. We strive to give warnings and work with users to resolve issues where appropriate, but reserve the right to immediately terminate accounts for severe or repeat violations (such as illegal activity or threats to security). No refund will be provided if the termination is due to your breach of the Terms. You may also be liable for any damage your violation causes to us or others, and you agree to indemnify us for any third-party claims arising from your misconduct (see Section 16).

8. Intellectual Property Rights

8.1 Our Intellectual Property

All rights, title, and interest in and to the Skillsail Platform and service (excluding your content) are and will remain the exclusive property of the Company and its licensors. This includes, without limitation, the software, code, algorithms (including the AI models and any custom modifications), platform design, user interface, features, trademarks, logos, and all content provided by us (other than User Content). The Platform is protected by intellectual property laws (such as copyright, trademark, and patent laws). Skillsail and the Skillsail logo are trademarks or service marks of the Company. You are not granted any license or rights to use our trademarks without our prior written consent.

Subject to your compliance with these Terms and your payment of applicable fees, we grant you (and your Authorized Users) a limited, non-exclusive, non-transferable, revocable license to access and use the Platform during your subscription term, solely for your internal business or personal learning purposes, and in accordance with these Terms. You agree not to copy, modify, distribute, sell, or lease any part of our provided content or software, nor to reverse engineer or attempt to extract the source code of that software, except to the extent that such restrictions are expressly prohibited by law. All rights not expressly granted to you in these Terms are reserved by the Company.

8.2 User Content Intellectual Property

As explained in Section 5, you retain ownership of your own Content that you upload to the Platform. We do not acquire intellectual property rights in your content, beyond the limited license needed to operate the service. You may remove or delete your content from the Platform at any time (through your account interface). However, note that caching or backups might retain copies for a limited period; by removing content you request that we cease use of it as soon as practicable.

If you provide us with feedback, suggestions, or ideas about Skillsail (for example, suggestions for new features or improvements), you agree that we may use such feedback without restriction or compensation to you, and that we own any improvements or new features that we develop as a result. Feedback is entirely voluntary, and we value it, but you understand we may have already had the idea or may implement it in a way that incorporates feedback from multiple sources. This does not affect your rights in your own products or content.

8.3 Third-Party Content

If our Platform displays or provides any third-party content (for example, third-party libraries, open source components, or content from a partner integrated into the service), such content may be subject to its own license terms. We will provide attributions or notices where required. You agree to comply with any such third-party terms when they are presented within the Platform (for instance, if using an integration, you might have to agree to an external service's terms).

9. Data Export and Retention

9.1 Data Export on Termination

We believe users should have control of their data. If your organization's subscription is ending (due to cancellation or non-renewal) or you otherwise choose to leave the Platform, you have the right to request an export of your data. Upon your request (which can be made through the Platform interface if available, or by contacting support), we will provide you with a copy of your Knowledge Base content in a common format (such as a structured collection of your uploaded files and possibly a log of Q&A interactions, if desired and available). We will endeavor to fulfill data export requests within a reasonable time after your request. Typically, we aim to provide exports before the account is closed or shortly thereafter.

We will keep the exported data available for you to download for a limited window, e.g., up to 30 days after termination, after which we may delete the data from our systems. (It is your responsibility to download and secure the export within that time.) Note that some data (like logs or backups) may not be included in the standard export, but personal data can be addressed via data subject rights under our Privacy Policy if needed.

9.2 Data Deletion

After your subscription ends or an account is otherwise terminated, we will delete or anonymize the Customer Data associated with your account within a reasonable period, except to the extent retention is required by law or permitted for legitimate business purposes. For example, we may retain billing records or some minimal account information for legal, auditing, or tax purposes. We may also keep server logs or backup copies for a brief period following termination, but these will be purged in the normal course of business as per our data retention policies.

If you wish to have your personal data deleted sooner (and you are the data subject), you may make a request under applicable data protection law – refer to the Privacy Policy for details on data deletion rights.

9.3 Continuity for Authorized Users

If an Organization Account is terminated, all associated Authorized Users will lose access to the Platform and the content therein. Those users will not have personal claim to the data (the data is controlled by the Organization Account owner). An individual who was part of an organization and wishes to continue using Skillsail would need to create a new, separate account (without the former organization's data). It is the Organization owner's responsibility to manage data exports before termination. We may assist the Organization owner in transferring data to them upon request, but we cannot transfer data to individual team members without the owner's authorization.

10. Termination and Suspension

10.1 User Termination

You (or your Organization's administrator) may terminate your account or subscription at any time by following the process in Section 3.5 (Cancellation). Termination will be effective after the last day of the current billing cycle, unless otherwise stated. If you simply stop paying and do not formally cancel, we may treat that as an implicit termination after grace periods for payment have passed. We recommend formally canceling to avoid any doubt. Upon termination by you, these Terms will cease to apply, except for any provisions that survive (see Section 17.5).

10.2 Suspension or Termination by Company

We may suspend or terminate your (or any Authorized User's) access to the Platform immediately, without prior notice, if we determine that: (a) you have materially breached these Terms (for example, serious violation of Acceptable Use in Section 7, or failure to pay fees after notice); (b) continued provision of service to you would be unlawful or pose substantial risk to us or other users (for instance, if your use of the Platform is causing a security threat); or (c) we are required to do so by court order or regulatory requirement. In less urgent cases, we will provide notice of the breach and a chance to cure it if feasible, before terminating. Suspension (temporary disablement of access) may be used to address issues like late payment or suspected misuse while we investigate. We are not responsible for any loss of data or access resulting from a suspension or termination due to your breach.

Additionally, as noted, we reserve the right to terminate the Platform service entirely (discontinuing Skillsail) with reasonable notice to all customers. In such case, we will provide refunds as described in Section 3.7.

10.3 Effect of Termination

Upon any termination of your account or subscription: (a) you and your Authorized Users must immediately stop using the Platform (and we may automatically prevent further access); (b) any content or data you have in the Platform may be slated for deletion in accordance with Section 9.2, and we may erase your knowledge base after the retention period unless you have arranged for export; (c) all licenses and rights granted to you under these Terms will end. If termination occurs in the middle of a billing cycle (other than a refund-eligible initial period cancellation by a consumer), we typically will not refund that month's fees except as stated. We recommend that you utilize the data export feature prior to termination effective date, as once the account is closed, retrieving content may not be possible.

Any provisions of these Terms that by their nature should survive termination (such as ownership provisions, warranty disclaimers, indemnity, limitation of liability, governing law, etc.) shall survive and remain in effect.

11. Disclaimers of Warranties

Skillsail is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, in connection with the Platform and your use of it. This includes, but is not limited to:

  • No Implied Warranties: We do not make any specific promises about the service. For example, we don't guarantee that the Platform will meet all of your requirements, or that it will be available uninterrupted, timely, secure, or error-free. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You use the Platform at your own risk.
  • Data and Content Accuracy: We make no warranty or guarantee regarding the accuracy, reliability, or completeness of any information obtained through the Platform, whether provided by us, by the AI chatbot, or by other users. This includes AI-generated outputs, as described earlier – they come with no warranty of correctness or suitability. We do not warrant that any content (including your own uploaded content) will be safely stored or that it won't be lost or corrupted (though we certainly aim to avoid that). You are responsible for maintaining backup copies of your data.
  • No Warranty Against Viruses: We do not guarantee that the Platform or any downloadable files from our website will be free from viruses, malware, or other harmful components. We implement security measures but cannot ensure 100% protection. You should use your own security, antivirus tools, and judgment.
  • Third-Party Services: If our service relies on or integrates with third-party services (like an AI model API or cloud storage provider), we do not warrant those third-party services—only that we've made reasonable arrangements for using them. Any issues stemming from third-party services are outside our direct control, though we will try to minimize disruptions.
  • Beta Features: From time to time, we may offer new features in beta or as a trial. These are offered "as is" without any promise of performance, and we may modify or remove them at our discretion.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, to the extent any warranty cannot be disclaimed but can be limited, we limit it to the minimum duration and scope allowed by law.

12. Limitation of Liability

To the maximum extent permitted by applicable law, the Company's liability to you or any third party arising out of or relating to these Terms or the use of Skillsail is limited as follows:

  • Types of Damages: We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, goodwill, opportunity, or data, even if we have been advised of the possibility of such damages. This exclusion includes any losses that result from your use of (or inability to use) the Platform, from any AI-generated content (e.g., incorrect answers), or from any unauthorized access or alterations of your transmissions or data.
  • Cap on Liability: Our total cumulative liability for all claims arising out of or relating to these Terms or the use of the Platform, whether in contract, tort (including negligence), or otherwise, will not exceed the total amount of fees you have paid to us for the service in the six (6) months immediately preceding the event giving rise to the liability. If you have paid no fees (for example, during a free trial), our liability is capped at €50 (fifty Euros). This limitation is aggregate – meaning it applies to all claims collectively, not per-claim.
  • Exceptions: Nothing in these Terms is intended to exclude or limit liability for: (a) death or personal injury caused by our gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be excluded or limited under applicable law (for instance, certain consumer protection laws may not allow limiting liability for gross negligence). In such cases, our liability will be limited to the fullest extent permitted by law.
  • Your Responsibility: You are responsible for any third-party claims caused by your breach of these Terms, your content, or your use of the Platform. You agree to indemnify us as described in Section 16 for any such claims.
  • Applicability: These limitations and exclusions apply even if a remedy provided under these Terms fails of its essential purpose.

Note for consumers (if you are using Skillsail as an individual for personal use and not on behalf of a business): Nothing in these Terms affects your statutory rights as a consumer under German law or EU law. You may have certain rights that cannot be waived or limited by a contract. These Terms are intended to be subject to those laws, and we do not seek to limit our liability beyond what is legally permitted.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company (and its affiliates, officers, directors, employees, and agents) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) that arise out of or relate to any third-party claims or legal proceedings resulting from:

  • Your Content: Your Customer Data or any content you (or an Authorized User of your account) upload, post, or otherwise transmit through Skillsail, including any allegation that such content infringes a third party's intellectual property rights or privacy rights, or that it is illegal or harmful (e.g., contains defamatory material).
  • Your Use of the Platform: Your use (or misuse) of Skillsail, including any actions taken by you based on information from the AI chatbot. For example, if you rely on an AI answer and it causes harm, or if you use the Platform to distribute content that causes damage and someone sues, you would cover us.
  • Breach of Terms: Your violation of any of these Terms, including the Acceptable Use provisions. If you violate laws or regulations in the course of using our service and we get drawn into a dispute or fined, you will indemnify us.
  • Authorized Users: Any claims arising from the actions of your Authorized Users (employees or team members) using the Platform under your account, as you are responsible for their use as per these Terms.

We reserve the right to handle our legal defense as we see fit, including choosing our counsel, in any indemnified matter. We will reasonably notify you of any such claim or demand that we become aware of, and you agree to cooperate with us in the defense or settlement of the claim. You shall not settle any indemnifiable claim without our prior written consent (which will not be unreasonably withheld), as an unfavorable settlement could impact us.

This indemnification obligation will survive termination of your relationship with Skillsail and these Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles. If you are a consumer residing in the European Union, you may additionally benefit from any mandatory provisions of the law of the country in which you are resident, and nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

14.2 Jurisdiction

The parties agree that the courts of Germany shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter, except that if you are a consumer (not using Skillsail in a business capacity) and your domicile is in another EU member state, you may choose to bring claims in the courts of that country under applicable law. We both agree to submit to the personal jurisdiction of such courts.

However, before resorting to litigation, we strongly encourage you to contact us to discuss any issues or dissatisfaction. We will attempt to resolve disputes amicably whenever possible.

14.3 Alternative Dispute Resolution

If you and the Company agree, we can attempt to resolve disputes through an alternative dispute resolution process such as mediation or arbitration. For instance, in the EU, there are recognized dispute resolution bodies for online services. However, this is optional and requires mutual consent at the time a dispute arises. Absent such agreement, the courts specified above are our default forum.

14.4 Class Action Waiver

To the extent permitted by law, you and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You expressly waive any ability to maintain a class action in any forum. If for any reason this waiver is unenforceable as to a particular claim, then that claim (and only that claim) must be severed and brought in the appropriate court, while any remaining claims will proceed in arbitration or court as agreed or appropriate. (Note: This clause may not be enforceable in certain jurisdictions; it is included to the extent permitted by applicable law.)

15. Changes to These Terms

We may revise or update these Terms from time to time. If we make material changes, we will notify you by e-mail (sent to the e-mail address specified in your account) and/or by prominently posting a notice on the Platform, prior to the change becoming effective. The notice will designate a reasonable notice period (typically at least 14 days) before the new Terms will apply. If you do not agree to the revised Terms, you should stop using the Platform and may cancel your subscription (you will be entitled to a prorated refund if you already paid for a period beyond the termination date due to rejecting the new terms, provided you notify us within the notice period). Your continued use of Skillsail after the effective date of the updated Terms constitutes your acceptance of the changes.

Non-material modifications (such as clarifications or corrections that do not substantially change your rights) may be effective immediately upon posting. We always indicate the "Effective Date" at the top of this document so you know when it was last changed.

It is your responsibility to check for updates to the Terms periodically. We will archive prior versions of Terms and make them available upon request so you can review changes.

16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms (together with any Order Form, if applicable, and the Privacy Policy and any other documents expressly incorporated by reference) constitute the entire agreement between you and the Company regarding your use of Skillsail. They supersede and replace any prior or contemporaneous understandings, agreements, or representations, written or oral, regarding the same subject matter. No oral or written information or advice given by us or our representatives shall create any additional warranties or obligations beyond those expressly stated in these Terms.

16.2 Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The invalid/unenforceable part will be deemed modified to the least degree necessary to correct the invalidity or unenforceability, while preserving the original intent of the parties as much as possible.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. No waiver of any term will be effective unless in writing and signed by an authorized representative of the Company. Similarly, the waiver of any breach of these Terms will not waive any subsequent breach.

16.4 Assignment

You may not assign or transfer these Terms (or any of your rights or obligations under them) without our prior written consent. Any attempted assignment without consent will be null and void. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

16.5 Relationship of Parties

You and the Company are independent contracting parties. These Terms do not create any agency, partnership, joint venture, or employment relationship. You do not have any authority to bind the Company in any respect.

16.6 Third-Party Beneficiaries

Except as expressly provided in these Terms, there are no third-party beneficiaries to this agreement. These Terms are for the benefit of you and the Company (and our respective successors and assigns). No other person or entity shall have any rights to enforce any term of these Terms.

16.7 Notices

We may provide notices or communications to you through email, through your account dashboard, or by posting on the Skillsail website. You consent to receive electronic communications from us for all purposes. It is your responsibility to keep your email address and contact information current in your account profile. Official notices from you to us should be sent to our email or physical address as specified in the "Contact Us" section, preferably with a copy via registered mail for important legal notices.

16.8 Language

These Terms are written in English. If we provide a translation of these Terms into another language, it is for convenience. In the event of any conflict between the English version and a translated version, the English version will control, to the extent permitted by applicable law.

16.9 Headings and Interpretation

Headings in these Terms are for reference only and do not affect the interpretation of any provision. In these Terms, the words "including" and similar phrases mean "including, without limitation." The singular includes the plural and vice versa, as context requires.

16.10 Survival

Provisions of these Terms that by their nature should survive termination (such as provisions concerning liability, indemnity, intellectual property ownership, confidentiality, and governing law) shall survive any termination or expiration of these Terms and/or the termination of your use of Skillsail.

17. Contact Information

If you have any questions about these Terms, or need to contact us for any reason, please reach out to us at:

Skillsail Support / Legal Department
Skillsail
Elektra-Straße 11
81925 München
Email: [support@skillsail.com]

By using the Skillsail Platform, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Thank you for choosing Skillsail for your learning and knowledge management needs!