These terms and conditions (the “General Terms”) govern the use of, and the subscription to, the Website and Skillhabit Platform (“Skillhabit”) provided by Skillhabit AB (“SHAB”), organisation number SE.559287-8879. By accessing the Website and/or Skillhabit, you agree to the General Terms on behalf of yourself as a user and, as the case may be, on behalf of the organisation that you represent (“Customer”).
Definitions and interpretation
The following terms shall have the meaning ascribed to them below:
(i) “Privacy Policy” refers to Skillhabit Privacy Policy available at www.skillhabit.se/legal/privacy.
(ii) “Customer Data” refers to any content, which may include personal information of Users, that Customer or Users submit or transfer to SHAB in conjunction with the Services, such as customized courses created by Customer.
(iii) “Skillhabit” refers to the learning management system commercialized by SHAB and accessed by Users;
(iv) “Users” means you and any individual to whom Customer provides access to Skillhabit, including any account administrators;
(v) “Website” means the website at www.skillhabit.com and its sister websites.
Access and use of Skillhabit
During the Term, SHAB grants to Customer and its users the right to access and use Skillhabit, and any related services, in accordance with the General Terms. Customer agrees that SHAB does not control the Customer Data and does not guarantee the accuracy, integrity or quality of such Customer Data.
Services Revisions. SHAB may revise the content, features and functions of Skillhabit at any time without notice. SHAB may temporarily limit or suspend the Services from time to time at its discretion including to perform upgrades to, and maintenance of, Skillhabit. Upgrades are generally done without service disruption.
Unacceptable Use. Customer shall not, nor attempt to, nor permit third parties to: (a) share non-public features or content of Skillhabit with any third party; or (b) copy, duplicate, reverse engineer, decompile, decode, decrypt, disassemble, record, alter, merge, adapt, translate, create any derivative works or otherwise reproduce any part of Skillhabit. For clarity purposes, Customer shall not access Skillhabit in order to build a product or service competing with the Services or to build a product using ideas, features, functions or graphics similar to those of Skillhabit. Customer is responsible for any activity occurring in its account.
Unacceptable Conduct of Users. To help ensure effective use of Skillhabit, Customer shall ensure that Users do not have inappropriate conduct such as allowing the submission of any Customer Data that is (or using the Customer Data in a way that is) illegal, harmful, threatening, abusive, harassing, hateful, or sexist. It is Customer’s responsibility to monitor and control all activity conducted by Users on Skillhabit. SHAB is under no obligation to review how Users are using Skillhabit. SHAB assumes no liability for any unacceptable use by the Users or any content uploaded by the Users in Skillhabit.
Compliance with Laws. When using the Services, Customer shall comply with all applicable laws, including laws governing the protection of personal information. Customer is also responsible to obtain any consent required by law from its Users to allow Customer to use the Services and to allow SHAB to provide the Services in accordance with the General Terms and the Privacy Policy.
Service Fees of Skillhabit and Billing
Service Fees. In consideration for the Services, Customer shall pay SHAB the fees specified on the Website for the subscription term (whether monthly or annual) selected by Customer, unless other payment terms have been agreed to in writing between Customer and SHAB (the “Service Fees”). Customer agrees that its subscription be automatically renewed at the Renewal Date for the same subscription term as the previous one, unless it cancels its subscription before the Renewal Date. Customer is responsible for timely canceling its subscription by contacting sales@skillhabit.com. For the purpose of the General Terms, a “Renewal Date” is the first day each calendar month.
Service fees are calculated solely based on number of accumulated users previous renewal period (calendar month), unless other payment terms have been agreed to in writing between Customer and PPAB. E.g.:
If 100 users are added day 5 and 50 removed day 10, then 150 added day 15, the accumulated number of users will be 250 during that renewal period. Billing will be done end of month based on this calculation.
Change in the Number of Users. Customer acknowledges and agrees that the Service Fees are determined in accordance with the number of Users in Skillhabit. In the event that the number of Users changes, the Service Fees will be adjusted accordingly. Payments are nonrefundable and there are no refunds or credits for partially used periods.
Free trial. If Customer registers for a free trial for the Services, SHAB will make such Services available to Customer on a trial basis free of charge from day of signup and fourteen days forward. Once the trial period has ended, the Customer will be given the chance to proceed using Skillhabit by selecting payment plan.
Third Party Payment Processor. SHAB reserves the right to use a third party PCI-DSS compliant payment processor for all billing and receipt of payments.
Taxes. Unless otherwise stated, the Service Fees do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). Customer is responsible for paying Taxes except those assessable against SHAB based on its income. SHAB will invoice Customer for such Taxes if SHAB believes it has a legal obligation to do so and Customer agrees to pay such Taxes if so invoiced.
Warranty Disclaimers
SHAB does not warrant the website or Skillhabit will be uninterrupted, timely defect free. Customer accepts that the website and Skillhabit are provided “as is”. SHAB shall not be liable for any lost profit or revenues or any damages arising related to these General Terms.
Intellectual property
SHAB retains all right, title, and interest in and to the Website and Skillhabit and the content Customer accesses through the Website and Skillhabit, other than Customer Data. These General Terms do not grant Customer any intellectual property rights in or to the Website or Skillhabit or in SHAB’s logos and other trademarks.
Content uploaded to Skillhabit
Content means any data, content, code, video, images or other materials of any type that you upload, submit or otherwise transmit to or through Skillhabit. You will retain all right, title and interest to content uploaded to Skillhabit.
Terms
These General Terms are effective as of the first date that Customer accesses and uses Skillhabit until they are terminated by any or both parties.
These General Terms may be terminated:
(i) by Customer at any time if it cancels the Services through its SHAB account or with a SHAB customer representative; Contact sales@skillhabit.com
(ii) by SHAB at any time if Customer uses Skillhabit in the form of unacceptable use and unacceptable conduct of Users by Customer.
(iii) by SHAB if Customer fails to make any payment of the Service Fees; or
(iv) by SHAB for convenience with a thirty (30) days prior notice for monthly subscription or with a ninety (90) days prior notice for an annual subscription.No Refund in the Event of Termination.
General
Publicity. Customer grants SHAB the right to use Customer’s company name and logo as a reference for marketing or promotional purposes. If Customer wishes to limit such right, it shall send an email to legal@skillhabit.com.
Force Majeure. SHAB shall not be liable by reason of any failure or delay in the performance of The website and Skillhabit due to an unforeseeable and irresistible event, including external causes with the same characteristics (a “Force Majeure”), which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, act of God, war, terrorism and governmental action.
Amendments. SHAB reserves the right to amend these General Terms from time to time with reasonable notice prior to the effective date of the amendments by posting an amended version of the General Terms on its website.
Contact
Customer may send questions related to these General Terms to legal@skillhabit.com.
Customer may send questions related to billing to sales@skillhabit.com