Terms of Use

TERMS OF USE OF WEBSITE 

 

THIS AGREEMENT GOVERN YOUR RELATIONSHIP WITH LANCELOT DEVELOPMENT LTD, A COMPANY REGISTERED UNDER THE RELEVANT LAWS OF THE ST. VINCENT AND GRENADINES, WITH ADDRESS AT SUITE 305, GRIFFITH CORPORATE CENTRE, KINGSTOWN, ST. VINCENT & THE GRENADINES (HEREINAFTER REFERRED TO AS “OPERATOR”) IN RELATION TO THE WEBSITE HTTPS://SKILLNETWORK.AI PROVIDED TO YOU BY THE OPERATOR AS WELL AS SERVICES PROVIDED BY MEANS OF THE WEBSITE. YOU MAY USE THIS WEBSITE AND SERVICES AVAILABLE ON THE WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF USE”), DO NOT USE THIS WEBSITE.


GENERAL TERMS AND ACCEPTANCE OF THIS AGREEMENT


  1. The Operator makes this Website including all information, graphics, documents, text, products and all other elements of the Website available for your use subject to the terms and conditions set forth in this document and any additional documents available at the Website. By accessing and using this Website you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Website. If you do not agree to any additional specific terms or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such content or through which such transactions may be concluded, and you should not use such content or conclude such transactions.


ENTIRE AGREEMENT


  1. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the use of the Website. 


AMENDMENTS


  1. These Terms of Use may be amended by the Operator upon notice given by the Operator through the Website. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. 

DEFINITIONS


  1. The following definitions and rules of interpretation apply in this Agreement:

«Agreement» or «Terms of Use»

The present Agreement between You (user) and the Operator

Parties»

You (User) and the Operator (We).

«Privacy Policy»

Rules of collection, storage, distribution and protection of personal data that the Operator gets from the Users and that is an essential part of the Agreement which text is available at

«Services»

Means Services provided by the Operator to User through the Website, including but not limited to:

  1. Subscription.
  2. Access to additional scenarios.

«Subscription»

A service composed of access to specific features of the Website, including but not limited to access of artificial intelligence designated to help creation of marketing materials, special scenarios for promotion of social network accounts, content creation and etc. provided to Users for a fee.

«Website»

A group of interrelated websites owned and operated by the Operator, available in the Internet via address: https://skillnetwork.ai.

«User»

An individual capable under personal law natural person or business entity formatted in the appropriate legal form according to local legislation that is eligible to use the Website and has accepted the terms and conditions of the present Agreement. 

  1. In this Agreement unless the opposite is clear from the context the following rules of interpretation apply.

a) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;

b) Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders;

c) References to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule;

d) A reference to any party shall include that party’s personal representatives, successors and permitted assigns;

e) All references to a person include firms, companies, government entities, trusts and partnerships or other or unincorporated body (whether or not having separate legal personality);

f) The term 'including' does not exclude anything not listed;

g) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;

h) A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision;

i) A reference to writing or written includes fax and e-mail;

j) Any obligation on a party not to do something includes an obligation not to allow that thing to be done;

k) Any words following this Agreement including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding or following that agreement.

l) Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in this Agreement shall survive any termination or expiration of this Agreement. The rest of terms and definitions that can be found in the text of the Agreement should be interpreted by the Parties according to the legislation of the England and Wales and to the general rules of interpretation of such terms accepted in the Internet network.


ELIGIBLE USERS


  1. The following restrictions and conditions apply to the use of the Website (as such term defined below):
  1. You shall not access to the Website if you are under the age of majority to enter into this Agreement (at least 18 years of age) and meet all other eligibility criteria and residency requirements and fully able and legally capable to use the Website;
  2. You shall not use the Website to engage in any illegal conduct including but not limited to activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she will not use the Website to assist any other party in such illegal activity; reverse engineer or otherwise improperly access any of the Website’s underlying code or technical mechanisms; cause damage to the Website or the Operator through any means, including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Website.
  3. You shall not create an account if you have already created one account on the Service.
  4. You shall not have an account if you have previously been removed by the Operator from the Service.
  5. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity.
  6. You shall not use your account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party.
  7. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without the Operator’s written permission;
  8. You shall not access or use an account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original account creator without Operator`s consent.
  9. Notwithstanding the foregoing, the Operator may refuse to provide access to the Website to any person for any reason or no reason whatsoever.

USER ACCOUNT


  1. The use of the Service may require You to create an account (“Account”) in the Service. You warrant and represent that all information provided when creating such Account is current, complete, and accurate. You agree to promptly notify the Operator of any changes to any information that would cause the information provided upon the Account’s creation to no longer be current, complete or accurate.
  2. The Operator may close a dormant Account at any time with or without notifying User in case if there was no possible mean to contact User.
  3. Unless stated otherwise by the applicable law, either the Operator or User may initiate the closing of Account at any time, without explaining reasons for it. 
  4. Account shall be closed within 5 (five) business days following the receipt of a respective User’s notification. In case the Operator have allegations that User infringes this Terms of Use, Account shall be closed within 2 (two) calendar days.
  5. Notwithstanding the closure of Account, User’s obligations under this Agreement will continue and all outstanding balances on Account will become payable at once. If Account is closed by the Operator and if User still owes any money to the Operator, Agreement shall continue to apply to User until the Operator has received and acknowledged receipt of all monies due and payable to the Operator. 
  6. The Operator is entitled to close Account unilaterally in the following cases: 

a) User has failed to comply with Terms of Use and/or fulfil its obligations before the Operator.

b)  User has submitted incorrect and/or false and/or misleading information/documents to the Operator.

c) User has not accessed Account or executed any transactions for more than 6 continuous months or for other period of time determined by the Operator at its absolute discretion.

d) Signatory right of User’s representative has expired.

Once Account is closed for any reason, all electronic services linked to Account will also be terminated automatically.




SUBSCRIPTION

  1. Despite the fact that the Website is provided to the User free of charge, the Operator reserves the right to provide access to certain functions to the User on a paid basis. The cost of such access is published on the page of particular Service or Subscription at the Website.
  2. The total cost of the Service, which is not a Subscription ordered by the User on the Website, is determined in the Operator's invoice issued using the Website interface. The Services are provided to the User on the terms of advance payment for Services.
  3. The User makes an advance payment in the amount of 100% (One hundred percent) of the total cost of the ordered paid Services that are not a Subscription, based on the invoice issued by the Operator for payment (the "Invoice"), within 3 (Three) business days from the date of Invoice.
  4. Payment for paid Services that are not a Subscription is made by wire transfer or card payment, or other legally permissible payment method accepted by the Operator. The choice and use of the payment method for Services that are not a Subscription is made by the User at his own discretion. Security, confidentiality, as well as other terms of use of the payment method (form) chosen by the User go beyond the scope of this Agreement and are governed by agreements (contracts) between the User and the relevant financial organizations.
  5. Services that are not a Subscription are considered paid by the User from the moment the Operator receives confirmation from the bank that the entire payment amount has been credited to the Operator's current account or Operator`s merchant account. In some cases, at the Operator's sole discretion, confirmation of the fact of payment may serve as: a) a facsimile copy of the payment order for wire transfer; b) a facsimile copy of the payment receipt with the seal of the bank through which the payment was made; c) verification by the Operator of the fact of payment in favor of the Operator through the payment system in the case of an electronic payment by the User.
  6. Services that are not a Subscription are considered to be provided by the Operator in an appropriate manner and accepted by the User, if within five days after the provision of access to certain features of the Website constituent  the Service, the Operator has not received reasoned written objections from the User. After the expiration of the period specified above, the User's claims regarding the non-quality of the Services shall not be accepted.
  7. The Subscription price is charged for each period from the User's bank card specified when making the first Subscription payment. For the purposes of this agreement, the Subscription Period means the time period specified on the Website (for example, 1 month, 12 months) for which the Subscription is purchased and for which the corresponding cost is set.
  8. The Subscription is considered activated (provided) for the User for a Period in full from the moment the Operator receives the Subscription price.
  9. The Operator's obligation to provide the Subscription to the User shall be deemed fulfilled from the date of granting the User access to the additional volume of Services provided for by the paid Subscription.
  10. The User hereby provides the Operator with a pre-given acceptance for debiting the amount of the fee for each Period from the User's card, in the order of prepayment, until the User refuses to renew the Subscription connection for the next Period.
  11. In case of non-payment of the Subscription price, the Operator has the right to suspend the Subscription for the next Period and resume it during this Period after the User transfers the Subscription price.


DISCLAIMERS OF WARRANTIES


  1. Except as expressly provided to the contrary in a writing by us, our Website and/or Services are provided on an "as is" and "as available" basis. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to our Website and/or Services, including the information, content and materials contained therein.
  2. You acknowledge that information you store or transfer through the Website may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters including third party DDoS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through the Website.
  3. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to certain users.


LIMITATION OF LIABILITY


  1. Except as otherwise required by law, in no event shall the Operator, its directors, members, employees or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Website or the Operator`s materials, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from the Operator, or use of the Website, or any hacker attack over the Website, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorized access to Operator's records.
  2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to certain users.
  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE OPERATOR (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE WEBSITE EXCEED THE SUM OF 100 USD.
  4. The Operator is not responsible for any damages caused by delay or failure to perform its obligations under the Agreement in case if the said delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; hacker attachs, any and all acts that are regarded as Force Majeure in legal practice.


LIMITED RIGHT OF USE


  1. Any use of the Website in violation of these Terms of Use is strictly prohibited and can result in the immediate termination of the access to the Website and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE WEBSITE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE WEBSITE IS A VIOLATION OF OPERATOR`S POLICY AND MAY BE A VIOLATION OF APPLICABLE LAWS.
  2. You agree that you will not, under any circumstances:

a) Engage in any act that the Operator deems in its reasonable discretion to be in conflict with the spirit or intent of the Website, including but not limited to circumventing or manipulating these Terms of Use or any other policies; 

b) Use the Website intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation or in violation of rights of third parties;

c) Use exploits, automation software or any unauthorized third party software designed to modify or interfere with the Website;

d) Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Website (each a “Server”);

e) Organize, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the Website or other attempts to disrupt the Website; or

f) Attempt to gain unauthorized access to the Website, Servers, or networks connected to the Website by any means other than the user interface provided by the Operator, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Website; 

g) Interfere or attempt to interfere with the proper functioning of the Website in any way not expressly permitted by these Terms of Use;

h) Use, facilitate, create, or maintain any unauthorized connection to the Website, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Website; or (2) any connection using programs, tools, or software not expressly approved by the Operator;

i) Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website, or to obtain any information from the Website using any method not expressly permitted by the Operator; or

j) Copy, modify or distribute rights or content from the Website, or Operator’s copyrights or trademarks or use any method to copy or distribute the content of the Website except as specifically allowed in these Terms of Use;

k) Publicly disseminate information about the types and methods of violations of these Terms of Use and Privacy Policy, as well as publicly call for violation of these Terms of Use and Privacy Policy.

l) Publicly disseminate information (correspondence in whole or in part) obtained as a result of communication with the technical support team.

m) Use IP proxying or other methods to disguise the region (country) of your current location to circumvent geographical restrictions to gain access to the Website or for any other purposes.


INTELLECTUAL PROPERTY


  1. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Website are vested in the Operator and/or its licensors and the Operator and/or its licensors are the sole and exclusive owners thereof. All rights on the Website not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, or its content except as expressly authorized herein. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of the Operator is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
  2. The Operator hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. The Operator disclaims any proprietary interests in the intellectual property rights other than its own.


APPLICABLE LAW AND DISPUTE RESOLUTION


PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

  1. This Agreement shall be governed, construed, and enforced in accordance with the law of St. Vincent and Grenadines.
  2. The Parties will tend to solve all disputes, differences and claims that can arise out of the execution, termination or cancellation of the Agreement by means of negotiations. The Party that has some claims should send a notification to the other Party describing the arisen claims and/or differences. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receipt.
  3. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Riga International Commercial Arbitration Court in Riga on the basis of written documents (written procedure). The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English.


INDEMNIFICATION


  1. You hereby agree to indemnify and hold harmless the Operator, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use, including without limitation infringement by user materials of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy.


ASSIGNMENT


  1. The Operator may assign, transfer or delegate these Terms of Use or the fulfillment of any of its obligations pursuant to these Terms of Use and/or Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, transfer or delegate any rights or obligations under the Terms of Use or Privacy Policy without Operator’s prior written consent, which may be withheld in its sole discretion, and any unauthorized assignment and delegation by you is void and ineffective.


SEVERABILITY


  1. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.


PRIVACY POLICY AND PERSONAL INFORMATION


  1. The Operator has developed a Privacy Policy that governs the use and protection of User’s private information according to the applicable laws and good practices. The full text of the Privacy Policy is made available on the Website and can be accessed at: https://skillnetwork.ai/.
  2. Despite all the security measures implemented by the Operator, the User acknowledges that there are certain risks of the Operator being attacked by electronic means in order to obtain the private information and that the Operator cannot guarantee full protection. 


TERM AND TERMINATION


  1. The term of this Terms of Use (“Term”) shall begin when you start using this Website and shall continue in perpetuity unless otherwise terminated by the Operator by written notice. The Operator expressly reserves the right to change, suspend or discontinue all the Website or portion thereof, at any time, and may terminate your use of the Website at any time. Without prejudice to any other rights, these Terms of Use will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Use, you must immediately cease using the Website including without limitation any use of Operator’s trademarks, trade names, copyrights and other intellectual property.
  2. The Operator reserves the right to stop offering and/or supporting the Website or part of the Website at any time either permanently or temporarily, at which point your license to use the Website, or a part thereof will be automatically terminated or suspended.
  3. UPON TERMINATION OF THIS AGREEMENT, YOU WILL NO LONGER BE AUTHORIZED TO USE THE WEBSITE IN ANY WAY.