TERMS AND CONDITIONS OF USE FOR THE SKILLS.TECH SOFTWARE THROUGH DIGITAL PLATFORM OR WEB APPLICATION
Welcome to Skills.tech, a pioneering research company specializing in Artificial Intelligence for Learning and Education. Our mission is to develop and implement innovative tools aimed at enhancing learning, upskilling, and education across various sectors. Our services, targeted at both academic institutions and corporate entities, are crafted to redefine the landscape of training and education.
At the heart of our offerings is SkillsAI, a state-of-the-art, hyper-personalized learning platform. SkillsAI harnesses the power of generative artificial intelligence to revolutionize the way educational content is created. It facilitates the design of tailored assessments, quizzes, and projects, specifically catered to enrich courses and training programs. Our focus is on leveraging AI to optimize knowledge acquisition, significantly improving efficiency, effort, and learning outcomes.
2. CONTRACTUAL USE OF THE PLATFORM
By virtue of these Terms, Skills.tech authorizes and grants the User the use and enjoyment of 1 (one) license to use the Platform for personal use, which implies registration and access to it. Such granting is made under the "as is" modality, temporarily, in a non-exclusive, non-commercializable and non-sub-licensable manner, for the acquisition of the Services.
Hosting. Skills.tech will host the Licenses in the cloud of their choice (cloud means data and application processing and storage space on physical servers located in a third party Data Center). Hosting has adequate availability. Notwithstanding the foregoing, Skills.tech will not be responsible for any downtime, total or partial unavailability, or total or partial data loss.
Accuracy of data. The User acknowledges that Skills.tech will not conduct any investigation to validate the accuracy and veracity of the data provided by the User, therefore in case of omissions, inaccuracies or errors, Skills.tech is released from any liability for any damages that such acts could cause the User.
Term. It is understood that the subscription to the Services will have an indefinite term, until there is an instruction to unsubscribe, block or cancel by the User, which must be requested in writing to the Email. However, and without prejudice to the foregoing, the charges corresponding to each Service will be generated in accordance with the time frame specified for each one, as long as it is not canceled under the terms described in this paragraph. If the User cancels the Services, they must pay for the services that have been provided up to the effective termination date.
Termination. Skills.tech, at its sole discretion, may terminate the Services at any time, with a simple written notice being sufficient.
Price. The User will pay Skills.tech for the Services chosen when after the demo is provided, and once admitted to the selected numer of accounts. The price of the Services are disclosused during the product demo with the business represenative, with the understanding that they may vary from time to time, and at the sole discretion of Skills.tech, so Skills.tech will not be responsible for any detriment that such price alteration could cause the User. The price of the Services, according to the chosen Plan, is:
Payment Methods. The User undertakes to make payment for the Services in US Dollars or in their national currency that results in the equivalent of US Dollars. Billing for the Services, including any applicable taxes, will be made through the Stripe payment engine, by means of recurring monthly charges. Skills.tech, for the convenience of the User, offers different payment methods that must be chosen when creating their User and password, these being: (i) direct charge to credit card; or (ii) direct charge to debit card; or (iii) through the Stripe payment engine at https://stripe.com/. The aforementioned charges will be made on a recurring monthly basis, until there is a written notice from the User, requesting the change of payment method or, where applicable, the cancellation of the Services; in which case the User must comply with their payment obligation applicable to the monthly period in which the desire to cancel was expressed.
The User, as solely responsible for the timely payment of the Services, undertakes to provide real, valid and current data on the credit card, debit card or payment engine, where the recurring monthly charge will be made. Likewise, the User declares and guarantees at this time that the economic resources that will be invested to pay for each and every one of the obligations conferred in this document, come from legal sources and / or activities. In the event that Skills.tech cannot make the aforementioned charge to the payment engine chosen by the User, Skills.tech reserves the right to revoke or restrict the User's access to the Services until payment is made in full.
Any operational charge, or fee established by the services offered through third party servers or portals (payment engines or banks), are completely regulated by the terms and conditions provided by said third parties or by the applicable laws, for which the User hereby releases Skills.tech from any liability regarding the form, time and amount in which the charges are made, even when said charge is considered excessive, undue or violates any of the User's rights. Thus, the User undertakes to keep Skills.tech safe and harmless at all times from any legal proceeding that may be initiated due to the use of third party servers or portals.
Any change in the User's form of payment must be made online. Said change may generate the temporary interruption of access to the Services, while the new information provided is verified. The User acknowledges and accepts that Skills.tech may use the collection services of third parties, for collection purposes of any pending debt due to the Services, for which the User undertakes to collaborate in good faith for the total settlement of the debts.
Billing. If the User requires a tax receipt, they must request it in writing to the Email so that it can be generated. It is an essential condition for issuing said receipt, that the User reliably proves payment for the Services in question. The User accepts that Skills.tech may periodically contact them, via email to the email address associated with their registration account, with billing notices and other communications related to the Services, whether: i) promotion of their own or third party products; ii) improvement in service; iii) changes in Services, etc.
3. USE AND ACCESS TO THE PLATFORM
In order to access the Services, it is necessary to be of legal age and provide the required information to create an account, so that it is the User's responsibility to maintain truthful, accurate and available information. Failure to update your account will result in inability to access and use the Services, as well as suspension or cancellation of it. The User is solely responsible to Skills.tech, and any third party, regarding their conduct when accessing, consulting and providing information on the Platform and the consequences that may arise from use, for unlawful purposes or contrary to the purpose of the Platform, its content, prepared or not by Skills.tech, published or not under its official name; as well as those consequences that may arise from the use contrary to the content of these Terms that is detrimental to the interests or rights of third parties, or that in any way may damage, disable or impair the Platform and prevent the normal enjoyment of other users.
4. USE OF OTHER PRODUCTS AND SERVICES
6. STAY ON THE PLATFORM
The User is solely responsible to Skills.tech, and any third party, regarding their conduct when accessing, consulting and providing information on the Platform and the consequences that may arise from use, for unlawful purposes or contrary to the purpose of the Platform, its content, prepared or not by Skills.tech, published or not under its official name; as well as those consequences that may arise from the use contrary to the content of these Terms that is detrimental to the interests or rights of third parties, or that in any way may damage, disable or impair the Platform and prevent the normal enjoyment of other users Ensure accuracy and check for bias, as AI may produce biased or incorrect content. Our AI models synthesize information they have been trained on and are not knowledge databases. Remember the limits of AI knowledge, which includes historical data only up to 2021.Protect privacy and refrain from inputting any personally identifiable information into our Services.
7. RESPONSIBILITY REGARDING CONTENT
We use different techniques in artificial intelligence, including and not limited to Generative Artificial Intelligence to generate assistance responses, quizzes, assessments, business cases, notifications and other text formats that we call (‘Content’). Proper use of Content.
The User undertakes to:
a) use the Platform and its Content in accordance with applicable laws and public order, refraining from performing any act that undermines, deteriorates, disables or damages the image and/or information disclosed by Skills.tech or in any way harms rights or interests of third parties, directly or indirectly linked to it;
b) not copy, disseminate, modify, reproduce, distribute or use in any way for profit or non-profit purposes the content and elements used on the Platform, unless expressly authorized in writing by Skills.tech;
c) not modify or manipulate trademarks, logos, commercial notices, trade names and distinctive signs in general of Skills.tech, the Platform or persons linked to Skills.tech (unless you have their written authorization);
d) suppress, circumvent or modify the Content and elements used on the Platform, as well as the technical protection devices, or any mechanism or procedure established on the Platform.
Excluded from the above points is that information generated through the Platform for the User's use and management, which may be printed and/or copied for their best interests. In the event that the User is a legal entity, they will abide by the provisions of article 148, section IV of the Federal Copyright Law. The User acknowledges and accepts that the use of the Platform and Content is under their sole and strict responsibility, therefore Skills.tech will not be, at any time and under any circumstances, responsible for any damage or problem that arises in the computer hardware that the User uses to access or navigate any part of the Platform.
Skills.tech has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members on the Platform. Skills.tech reserves the right to modify the terms and conditions of the Services, as well as to exclude any of them. Skills.tech declares that all Content, and elements used on the Platform, are duly registered and protected under the corresponding authorities and laws in Mexico. The User undertakes to respect all rights contained in the Copyright Notice established on the Platform.
Skills.tech may exercise its right to publish any informational material and/or sites or subsites owned by third parties, linked or not to Skills.tech, which it considers of interest to Users. Notwithstanding the foregoing, Skills.tech disclaims any liability for the User's access and/or use of the information contained therein and/or the use, origin and destination of the information derived from different links (link, hyperlink). Any publication made within the Platform, by Users, does not generate payment obligation to third parties for reason of promotion, publication and/or handling of information and/or image, unless there is a contract previously signed with Skills.tech.
Denial and withdrawal of access to the Platform and Content. Skills.tech reserves the right to deny or withdraw access to the Platform or its Content at any time, without any liability to Skills.tech and without prior notice to the User or users who fully or partially fail to comply with the conditions established here and/or who perform actions or acts aimed at:
1. "harass" or otherwise harass or bother other Users;
2. impersonate a Skills.tech representative or employee, making false or otherwise erroneous statements about their affiliation with Skills.tech;
3. collect or store other users' personal data in connection with prohibited conduct and activities;
4. falsify headers or manipulate Platform identifiers, in order to hide the origin of the Content;
5. upload, post, email, transmit or otherwise provide any content for which they do not have the right to transmit, by virtue of the terms contained in the Industrial Property Protection Law (“LFPPI”), the Federal Copyright Law (“LFDA ”), and the Federal Law for the Protection of Personal Data in Possession of Individuals ("LFPDPPP") or contractual relationships protected by confidentiality and nondisclosure agreements;
6. upload, post, email, transmit or otherwise provide materials containing computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of software, hardware or telecommunications equipment connected to the Platform;
7. make use of the Platform in a way that could damage, disable, overload or alter Skills.tech’s servers or network connections;
8. ignore requirements, procedures, policies or standards of networks connected to the Platform that could interfere with the use and enjoyment of the Platform by any third party; and
9. gain unauthorized access to accounts, computer systems or networks connected to Skills.tech's servers, through hacking attacks, password cracking or any other method to obtain or try to obtain materials or information by any means not intentionally offered through the Platform.
The User agrees to indemnify and hold Skills.tech and its officers, agents, employees, partners, suppliers and licensees harmless from any claim or demand, as well as covering reasonable attorneys' fees, brought by any third party against Skills.tech because of the content that the User sends, publishes, transmits or provides in a way other than that provided for on the Platform. The foregoing, without prejudice to Skills.tech's right to take the necessary legal actions to claim damages caused by such actions by the User.
Responsibility regarding Content. Skills.tech assumes no liability whatsoever arising, in an enunciative but not limitative manner, from: (i) the use that the User may make of the materials on this Platform, or the Content, or the linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of web content or third parties; (ii) any eventual damages and losses to the User caused by normal or abnormal operation of the search tools, organization or location of the Content and/or access to the Platform and, in general, errors or problems generated in the development or implementation of the technical elements that the Platform provides to the User; (iii) the content of those pages to which the User can access from links included in the Platform, whether authorized or not; (iv) the acts or omissions of third parties, regardless of the relationship that said third parties may have with Skills.tech; (v) the access of minors to the Content, as well as the sending of personal information that they may carry out; (vi) communications or dialogues during debates, forums, chats and virtual communities organized through or around the linked Platform, nor will it therefore be responsible for any eventual damages and losses suffered by the User as a result of said communications and/or dialogues; etc.
Responsibility regarding technological failures. Skills.tech will not be responsible in any way, when the following occur: (i) errors or delays in accessing the Platform when entering data in the application form, the slowness or impossibility of reception by the recipients of the confirmation of the request or any anomaly that may arise when such incidents are due to problems in the Internet network, force majeure or any other unforeseeable contingency beyond Skills.tech's control; (ii) failures or incidents that may occur in communications, either by erasing or incomplete transmissions, so that the services of the Platform are not guaranteed to be constantly operational; (iii) errors or damages caused to the Platform by improper use of the service by the User; (iv) lack of operation or problems with the email address provided by the User for sending the confirmation of the request made. In any case, Skills.tech undertakes to solve any problems that may arise and to provide all the necessary support to the User to reach a quick and satisfactory solution to the incident. Likewise, Skills.tech has the right to carry out promotional campaigns to promote the registration of new members in its service during defined time intervals. Skills.tech reserves the right to modify the terms of e-commerce, as well as proceed to exclude any of the terms contained therein.
8. REQUESTED DATA
The User acknowledges and accepts that, for the purpose of the Platform to be fulfilled, it will be necessary for Skills.tech to collect personal data and sensitive personal data, in order to include it in formats, listings, databases or other physical, digital and/or electronic media, to carry out the proper registration of the same and offer the Services. Skills.tech is not responsible for the consequences that may arise from the omission, consciously or unconsciously, made by the User in this regard.
For this reason, by accepting these Terms, the User expressly waives the right to file any type of claim, lawsuit or legal proceeding before any Mexican or foreign authority against Skills.tech, as well as any person related and/or affiliated with Skills.tech, including, without limitation, directors, attorneys-in-fact, representatives, administrators, employees, shareholders and/or agents, present or former, for any act deriving from, or that may derive from, the use of the Platform and Services, or any service deriving from said use.
9. PERSONAL DATA
In compliance with the terms set forth in the LFPDPPP, Skills.tech, as the party responsible for processing your personal data, informs the User that the information provided by the User on this Platform will be processed in accordance with the provisions of the Privacy Notice contained on the Platform. In order to use or enjoy some of the Content, it is necessary for the User to previously provide Skills.tech with certain personal data (“Personal Data”). By accessing the Platform, or any of the Content in which Personal Data is required, the User authorizes Skills.tech to perform analysis and studies based on them. The User undertakes to provide true and accurate Personal Data. In the event that the User provides false or confusing information, Skills.tech assumes no responsibility for the results that said acts may cause the User, having the power to deny access to the Platform and its Content, without prejudice to being able to require applicable indemnifications.
10. DATA AND INFORMATION MANAGEMENTAll
the information provided by the User, during their access to the Platform, is of a strictly confidential nature and will only be handled by Skills.tech's internal personnel. As referred to in the Privacy Notice, Users' Personal Data may find as a primary or secondary purpose the promotion of services, for which the User hereby authorizes and expresses their acceptance of the use of their data for statistical, promotional and marketing purposes, as well as any other purposes established in this document or in the aforementioned Privacy Notice.
11. DATA INDICATORS
The information provided by the User on the Platform, real or historical, is processed and sorted, so that it generates data indicators, which Skills.tech may use to make pertinent business decisions, always statistically and not individually. The User hereby authorizes Skills.tech access to the information provided and generated on the Platform, under the terms of this document and the Privacy Notice.
12. INFORMATION PROVIDED BY THE USER
The User acknowledges and agrees that Skills.tech may, during the term of the Services, rely on or use data, material or other information provided by the User, and that they do not require any independent investigation or verification for this, so Skills.tech will be empowered to rely on the accuracy and completeness of said information to provide the Services. The User is responsible for the information they share with third parties and with whom it is shared, for which reason they hereby release Skills.tech from any present or future liability. Likewise, all the information that the User publishes by any other means immediately and forever loses the character of secrecy and confidentiality, releasing Skills.tech from all responsibility regarding its use and disclosure, subject to the terms and conditions established in the Privacy Notice, when applicable.
13. RESPONSIBILITY AND QUALITY IN THE PROVISION OF SERVICES
The User acknowledges that the Platform is a technological tool that is a means for the User to develop a specific activity, for which reason they accept that Skills.tech does not guarantee the quality, suitability and/or availability of the services provided or requested through the use of the Platform and/or through its use. The User expressly acknowledges and accepts each and every one of the risks deriving from the use of the Platform, releasing Skills.tech from any present or future liability that may arise. In this sense, Skills.tech will not be liable to the User, or any person related to the User, for any kind of damage or claim deriving from deficiencies in the Services, or for any error, omission and/or falsehood in the information provided by the User, whether through the Platform or any other means.
14. EXCLUSION OF GUARANTEES AND LIABILITY
The User is solely responsible for the use they make of the Platform and its Content. The User acknowledges that the information on the Platform and the Services is provided "as is", without any express or implied warranty of merchantability or fitness for a particular purpose. Skills.tech does not guarantee the accuracy or completeness of the information, texts, graphics, links or other elements contained in the Platform or Content. Skills.tech does not guarantee uninterrupted operation or error-free operation of the Platform and/or its Content. Since all the information referred to in the Platform and its Content is in the cloud, Skills.tech does not control or guarantee the absence of viruses in the Content, or the absence of other elements in the Content that could produce alterations in the User's computer system (software and/or hardware) or in electronic documents stored in their computer system.
Any material downloaded or obtained in a way other than that foreseen in the Platform will be under the sole responsibility and risk of the User, regarding the damages that it could cause to the computer system of the device through which they make their connection and/or the loss of data deriving from downloading that material. In no case will Skills.tech or its suppliers be responsible for any damage deriving from the use of the Platform or Content, or inability to use them (IN PARTICULAR, WITHOUT ANY LIMITATION, DIRECT OR INDIRECT, MORAL, INCIDENTAL, CONSEQUENTIAL, REMOTE AND/OR EVENTUAL DAMAGES, LOSS OF PROFITS, INTERRUPTION OF BUSINESS OR LOSS OF INFORMATION OR DATA AND/OR SECURITY INFRINGEMENTS), even when Skills.tech has been warned of said possibility.
16. COMPATIBILITY OF ELECTRONIC DEVICES
The User will be responsible for obtaining devices or hardware that are compatible with the Platform and Services, since Skills.tech does not guarantee that they will function correctly on any device. Likewise, the User agrees not to use devices, software or any other means tending to interfere with both the activities and/or operations of the Services or the Platform or the databases and/or information contained therein.
17. PLATFORM MAINTENANCE
In order to carry out maintenance work, Skills.tech reserves the right to suspend access and/or modify the Content, as well as eliminate or disable access to the Platform or Services, without prior notice. Access to the Platform and Services depends on the availability of the network that the User has, therefore Skills.tech will not be responsible for any inability to access it, derived from circumstances that are outside Skills.tech's control, as well as force majeure. Skills.tech, when deemed necessary for the proper functioning of the Platform, will make patches, updates, bug fixes and minor enhancements to the Platform.
Skills.tech offers the User technical support service and basic guidance for using the Platform's tools and functionalities, which may be via Online Chat, email, or any other means that Skills.tech deems convenient and feasible, at undefined times that it likewise designates for this purpose, upon prior notice. This service will have no additional cost. Likewise, the User who has requested Support accepts and authorizes Skills.tech to have full access to all the information provided on the Platform, without any limitation. In this sense and for the benefit of the User, Skills.tech undertakes to maintain full secrecy and confidentiality regarding the information to which it has access.
19. INDUSTRIAL PROPERTY AND COPYRIGHT
Skills.tech authorizes the User to use the Platform, exclusively under the terms expressed herein, without this implying that it grants the User any license or authorization, or any type of right other than the aforementioned, with respect to Skills.tech's Industrial Property and Copyright, meaning : all trademarks registered and/or used in Mexico or abroad by Skills.tech; all rights over inventions (patented or not), industrial designs, utility models, confidential information, trade names, industrial secrets, commercial notices, reservation of rights, domain names; as well as all types of property rights over works and creations protected by copyright and other forms of industrial or intellectual property recognized or to be recognized by the corresponding laws.
The User acknowledges and accepts that Skills.tech is the legitimate owner, or has the necessary rights, over the Platform, including Skills.tech's trade names, trademarks, service marks, logos, domain names and other distinctive brand features contained therein (the "Skills.tech Registered Marks"), regardless of whether those rights are registered or not, and anywhere in the world where those rights may exist, and that they are protected by international laws and treaties on industrial property and copyright. Therefore, the User accepts that the Skills.tech Registered Marks may not be copied, reproduced, modified, published, uploaded, emailed, transmitted or distributed in any way. Unless expressly indicated otherwise in this document, Skills.tech does not grant the User any express or implied rights under patents, copyrights, trademarks or trade secrets. The User acknowledges and agrees that the Platform, as well as all its designs, are and will remain, at all times, the property of Skills.tech.
Feedback. In the event that the User provides any comments to Skills.tech regarding the functionality and performance of the Platform (including identifying potential errors and improvements), the User hereby authorizes Skills.tech to make unrestricted use of all rights, titles and interests in the comments expressed. The foregoing will not be considered a moral right of the User to require participation or monetary compensation of any kind, or restriction on the use of said comments for their exploitation by Skills.tech.
20. OTHER PROVISIONS
The User accepts that a printed version of these Terms, and any communication sent and/or received electronically, will be admissible as evidence in any judicial and/or administrative proceeding.
21. MODIFICATION OF THE TERMS AND CONDITIONS OF USE OF THE PLATFORM
Skills.tech reserves the right to unilaterally and without prior notice modify and/or renew at any time the terms and conditions of use of the Platform, with the obligation to post a message on the Platform containing a notice to the User that certain modifications have been made to the Terms. It will be the exclusive right of the User to accept or reject such modifications. If the User does not agree with the changes made, they may send a request for cancellation and termination of their account on the Platform to the Email. Skills.tech undertakes to make the account cancellation effective within no more than 30 (thirty) calendar days from the date of receipt of the User's request. Likewise, Skills.tech reserves the right, at any time and without prior notice, to delete or disable the User's access to the Platform. The User will always have the Terms visible on the Platform, freely accessible for any queries they wish to make. In any case, acceptance of these Terms will be a prior and essential step for the acquisition of any Service.
In the event that any term, condition or stipulation contained in these Terms is determined to be ineffective, illegal or without effect, it may be excluded from the body of this document and the remainder will remain in force and effect as broadly as legally appropriate.
Skills.tech may review and update these Terms at any time, keeping access free for any user who wishes to know them at all times. Skills.tech reserves the right to modify the presentation and configuration of the Platform, as well as these Terms, at any time. Therefore, Skills.tech recommends that the User carefully read each time they access the Platform. Notwithstanding the foregoing, the User will always have these Terms on the Platform, visibly and accessible at any time. Some clauses of these Terms may be subject to terms and conditions expressly designated and found on the Platform or on certain websites.
24. RIGHTS.Any right not expressly conferred in this document is understood to be reserved for Skills.tech.
25. APPLICABLE LAW AND JURISDICTION
In everything related to the interpretation and compliance with what is established here, the Parties accept to submit to the federal legislation of Mexico and the jurisdiction of the competent courts in the City of [*], Mexico; waiving any other jurisdiction that, by reason of their present or future domiciles, might correspond to them.
26. DIGITAL, ELECTRONIC OR ONLINE FORM
The Parties agree that the form for perfecting the agreement of wills between them is the Digital, Electronic or Online format, where it will suffice to express their will by accepting these Terms, as well as providing personal data and bank information on the Platform or in the different applications of the licensors, without requiring a signature on any document.
27. ACCEPTANCE OF TERMS
The User acknowledges that, by accessing, subscribing to and using the Platform, Services and/or Content or derivatives, they express their full and unreserved acceptance and, therefore, their adhesion to the version of the Terms published at the time they access the Platform, pursuant to the provisions of articles 1803 and 1834 Bis of the Federal Civil Code, 80, 81, 89 and other related and applicable provisions of the Commerce Code and the applicable legislation for Mexico. It is the sole and exclusive responsibility of the User to previously read these Terms and their corresponding modifications each time they access the Platform. If at any time the User does not fully or partially agree with these Terms, they must immediately refrain from accessing and using the Platform and the Services provided. Therefore, by accepting these Terms, the User expressly consents to be subject to them, thus celebrating a Platform use agreement with Skills.tech, whereby they state that they have read the content of each and every one of the provisions and ratify their content.
28. ENTIRE AGREEMENT
The User acknowledges and accepts that Skills.tech has made available all the information necessary to understand the scope and characteristics of the Platform and Services. Likewise, they state that, prior to accessing the Platform, they analyzed its characteristics and, consequently, agree with it.
Date of first issue: May 23, 2022
Date of last modification: November 12, 2023**