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Terms of Service & End User Licence Agreement (EULA)

Last Updated: 9 May 2024

Welcome to Skillstone! We are dedicated to offering you quality services while respecting your privacy and complying with applicable legal standards. By using our website and downloading our app, identified herein as "Users (Employers)" and "End-Users (Employees, Subcontractors, and Suppliers)," you agree to abide by these Terms of Service and the End User Licence Agreement, which operate in conjunction with the Data Handling Agreement.. We encourage you to review these documents carefully.
 

Use of Our Website and App

 

Access the Website: By using this website, you commit to comply with these terms and all applicable laws. If you find these terms unacceptable, please discontinue using our website.

 

Access the Skillstone Admin Portal: Access to the Skillstone Admin Portal is granted exclusively to Users (Employers) for business-related purposes. This portal, powered by Strapi, allows for comprehensive employee engagement content and tools management. Employers can upload videos, images, and documents and create content playlists. All interactions within the portal are governed by the strictest security measures to ensure data integrity and confidentiality.

Access the App: We grant End-Users (Employees, Subcontractors, and Suppliers) a limited, non-exclusive, and non-transferable licence for personal, non-commercial use. We grant Users (Employers) a similar licence for business-related purposes but within the broader scope of the Skillstone Admin Portal for content management and employee engagement.


Age Restriction: You must be at least 16 to use our services. If you are under 16, you can only use our services with proof of parental consent. By using our services, you confirm that you meet this age requirement or have obtained parental consent.

User Conduct

This section outlines expected behaviours and prohibited activities to ensure a safe and respectful environment for all users.

Prohibited Activities: Engaging in the following is not allowed:

 

  • Violating any laws or regulations.

  • Harassing or harming others.

  • Introducing viruses, malware, or other harmful code

  • Attempting unauthorised access to our systems or data.

  • Impersonating others or providing false information.

  • Uploading content that does not comply with our Content Policies, which prohibit:

    • Hate speech or discrimination.

    • Explicit, violent, or sexually explicit content.

    • Infringement of international copyright laws.

 

Intellectual Property Rights
 

Ownership: Skillstone Pty Ltd retains ownership of all original content, logos, trademarks, and other intellectual property on our website and app.

 

User-Generated Content: You retain ownership of the intellectual property rights in the content you upload, such as videos, images, and documents (collectively, 'User Content'). However, by uploading User Content to Skillstone, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and otherwise exploit this User Content within our services. This license is crucial for enabling authorised access and enhancing the app's functionality, including making your content available to your intended audience and incorporating it into promotional activities as needed.

 

Modifications to this licensing arrangement require a written agreement confirming both parties' consent to any terms that differ from those outlined here.

 

Respect for Third-Party Rights: We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyright or trademark is being infringed upon on our platform, please contact us: support@skillstone.com


Monitoring and Moderation of User-Generated Content: Skillstone performs content moderation to ensure that all user-generated content adheres to our community standards and complies with legal requirements. We reserve the right to review content to prevent abuse, such as hate speech, harassment, and illegal activities. Our moderation process is designed to respect user privacy while maintaining a safe and compliant online environment.

End User Licence Agreement (EULA)

Last Updated: 9 May 2024

Important: Please read this agreement carefully before installing or using our app. Do not install or use the app if you disagree with the terms.

 

Acknowledgment and Acceptance of Terms

This Agreement is concluded between Skillstone Pty Ltd (“Skillstone”) ("we", "us", or "our") and you, the End-User, only, and not with Apple, Inc. ("Apple") or Google LLC ("Google"). Skillstone, not Apple or Google, is solely responsible for the Licensed Application and its content. This Agreement does not conflict with the App Store (Apple) or Google Play Store (Google) service terms as of the effective date, which you acknowledge you have had the opportunity to review.

 

Licence Grant

End User (Employees, Subcontractors, and Suppliers) Licence
We grant you a limited, non-transferable license to use the Licensed Application for personal and work-related needs on any Apple-branded or Android products you own or control and as permitted by the Usage Rules outlined in the Apple Media Services Terms and Conditions and Google Play Terms of Service, respectively.

 

User (Employer) Licence

Employers are granted the right to use the app to manage business activities.

 

Restrictions

You cannot copy, modify, or try to discover the app's source code. You must not remove any notices or use the app illegally.

 

User Content

As the creator or owner of User Content uploaded to Skillstone, you maintain intellectual property ownership. By using the app and uploading your content, you agree to grant Skillstone a non-exclusive, worldwide, royalty-free license to utilise this content as described in our Terms of Service. This includes the rights to reproduce, display, distribute, and integrate your content into our app functionalities, facilitating enhanced user interaction and personalisation.

 

Should you wish to negotiate different terms or remove your content under specific conditions, such negotiations must be captured in a written agreement between you and Skillstone, ensuring clear and mutual understanding of deviations from the standard terms.


External Services

The app may enable access to third-party services and websites. You use such services at your own risk and are responsible for compliance with any additional terms of service. We are not responsible for the content or accuracy of any third-party services and do not guarantee their quality, safety, or suitability.

 

Privacy

Our Privacy Policy covers your app use, which explains how we handle your data. This includes collecting and using technical data related to your device, system, and application software, which is gathered periodically to facilitate software updates, product support, and other services.

 

Updates and Maintenance

Skillstone may update the app to improve performance or security. You agree to use these updates. Skillstone is solely responsible for providing maintenance and support services for this Licensed Application. You and the end user acknowledge that neither Apple nor Google is obligated to furnish maintenance and support services for the Licensed Application.

 

Warranty Disclaimer

The Skillstone app is free and is provided "as is" and "as available," with all faults and no warranty. We expressly disclaim all express and implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the app will be uninterrupted, timely, secure, or error-free.

 

Limitation of Liability

Extent of Liability: Skillstone will not be liable for indirect, incidental, special, consequential, or punitive damages or any loss of profits, revenues, data, or goodwill. These limitations apply whether the damages arise from:

 

  • Use, misuse, or inability to use the services;

  • Unauthorised access or alterations of your transmissions or content;

  • Statements or conduct of any third party on the service.
     

Jurisdictional Limitations: The above exclusions may not apply to you as some jurisdictions do not permit the limitation of liability for consequential or incidental damages. In such cases, our liability is limited to the maximum extent permitted by law.

 

Product Claims
Skillstone, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to (i) product liability claims, (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

 

Intellectual Property Rights

In the event of a third party claim that the Licensed Application or your possession and use of that Licensed Application infringes that third party’s intellectual property rights, Skillstone, not Apple or Google, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.

 

Legal Compliance

You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist-supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Termination

We can end this agreement at any time if you break these terms. You must stop using the app and delete it if this happens.

Third-Party Beneficiary
The parties acknowledge and agree that Apple, Apple’s subsidiaries, Google, and Google’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of the terms and conditions of this Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

 

Governing Law

The laws of Tasmania, Australia, govern these terms. Any disputes must be handled in Tasmanian courts.
 

Updates to the Agreement
 

Notification of Changes

We reserve the right to update or modify these Terms of Service and End User Licence Agreement at any time. Changes to the agreement will become effective immediately upon posting on our website or notifying you otherwise. We will strive to inform you of these changes through our app or email. Your continued use of our app and services after such changes constitutes your acceptance of the new terms.

 

Contact Information

For questions about these terms, contact us at support@skillstone.com.

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