Terms and Conditions

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.
• “User” – Any individual or legal entity that registers for, accesses, or uses the Platform. This includes Organization Account Owners and Authorized Users.
• “Organization Account” – A business or organizational account on the Platform created by a company, team, or an individual acting as an organization. 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.
• “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.

Other capitalized terms may be defined elsewhere in these Terms.

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 meet this requirement. We may request proof of age and may suspend or terminate accounts used by minors.

2.2 Account Registration

To access most services, you must create an account. Individuals may sign up and create a personal Organization Account. Organizations may designate an administrator (Account Owner) to invite and manage Authorized Users. You agree to provide accurate, current, and complete information and to keep it updated. Misrepresenting your identity or affiliation 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.
• 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.

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

• Demo. Our demo application at demo.skillsail.com can be used without login, subject to fair use and technical limits. When demo limits are reached, you may be prompted to register.
• Free Tier. The main application offers a limited free usage allowance. Once exhausted, continued use requires a paid Subscription.
• 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.

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

4. Subscriptions, Billing, and Merchant of Record

Paid Subscriptions renew each Billing Cycle until canceled. Taxes and invoicing are handled by our Merchant of Record operating under the Link brand (Lemon Squeezy LLC), with payment processing provided by Stripe. Your purchase is a transaction with the Merchant of Record, which appears as “Link” or “Lemon Squeezy” on receipts/invoices.

• Auto-Renewal. Subscriptions renew each Billing Cycle unless you cancel before renewal.
• Taxes. Applicable taxes (e.g., VAT) are determined and collected by the Merchant of Record.
• Cancellation. You can cancel at any time effective at the end of the current Billing Cycle. Access continues until the period ends.
• Refunds. Except where required by law, fees are 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 you and us, you retain full ownership of all Customer Data and all AI-generated outputs produced for you through the Platform, to the extent permitted by law and subject to the applicable terms of underlying AI providers. We claim no ownership rights over your content.

• Limited License to Operate the Service. You grant us a non-exclusive, worldwide, revocable license to host, process, transmit, and display your content solely to provide, maintain, secure, and improve the Platform.
• Your Responsibilities. You represent and warrant that you have all rights necessary to submit and use the content and that your use complies with these Terms and applicable law.
• Feedback. If you provide suggestions, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use them without obligation.

6. AI Services and Third-Party Providers

AI Features may be powered by third-party providers such as OpenAI, FAL.ai, DeepL, Microsoft Azure, and ElevenLabs (collectively, “AI Providers”). Prompts, inputs, outputs, and audio/text-to-speech data may be processed by these providers solely to deliver the requested functionality.

• No Training on Your Data. We do not use Customer Data to train or fine-tune our models. Our subprocessors and AI Providers are contractually prohibited from using Customer Data to train their models.
• Ownership of Outputs. You own outputs generated for you, to the extent permitted by law and subject to AI Provider terms; we pass through such rights “as received.”
• 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 a Data Processing Agreement (Art. 28 GDPR).

7. Acceptable Use Policy

You agree not to misuse the Platform. Without limitation, you must not upload, generate, store, or share any 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.
• 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 You. You may cancel your Subscription at any time effective at the end of the current Billing Cycle. You may also request account deletion as described in the Privacy Policy.
• 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, your right to access the Platform ends. We may retain limited data as required by law or our Privacy Policy; you are responsible for exporting your content 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 via our Merchant of Record; 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.

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 your use of the Platform.

Aggregate Cap. Our total liability for all claims arising out of or relating to these Terms is limited to the total fees you 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 for damages directly caused by our own breach of these Terms or our willful misconduct.

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

You agree to defend, indemnify, and hold us harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your content, your use of the Platform, or your violation of these Terms or applicable law.

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 (e.g., in-app or by email) and the revised Terms will take effect on the stated effective date. Continued use after the effective date constitutes acceptance of the changes.

16. Miscellaneous

• Assignment. You 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 your account address. You should send legal notices to hi@skillsail.com.
• Entire Agreement. These Terms constitute the entire agreement between you 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: