Thank you for using SkillUp!
The services will be provided by Skill-Up Sp. z o.o. with its registered office in Warsaw, Plac Europejski 1/p40, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, in Warsaw, 13th Commercial Division of the National Court Register, under the number 0000837685 ("Skill-Up", or "We"). These Terms of Service ("TOS") apply to the services provided through the SkillUp App ("App" or "SkillUp”).
This document of TOS constitutes a binding agreement between you and the Company, and by creating an account or otherwise accessing the services offered through the Application, you agree to be bound by it. If you do not agree to be bound by the Terms of Service, you may not use or purchase the services provided through the Application.
The application is used for:
providing you with content streaming services;
processing payments for our services;
providing services in the form of personalized content and training;
processing payments for our services;
informing you about our services, hereinafter collectively referred to as "Services".
here in after jointly referred to as "Services”.
In order to use our Services, you must first create an account. In the process of setting up an account, we require information about you, such as your email address and account password, first name, last name and Apple or Google Play ID credit or debit card details ("Account Details"). An account can also be set up via the website: [https://skillupapp.co] ("Website") You may log in as a registered user of the Services for free ("Member"). If you log in via Facebook, we collect your username, email address and profile picture. You are responsible for maintaining the confidentiality of your account and password and limiting access to the device on which the Application is installed. You are also responsible for updating your Account Information.
By becoming a Member, you confirm that: (i) you are 18 years of age or older and have the capacity to enter into binding contracts; (ii) all information provided by you during the registration process is true and up-to-date; (iii) you agree to keep the above-mentioned information up-to-date; and (iv) your use of the Products does not violate any applicable law.
SkillUp members may use the Services in two ways:
Free Trial "Basics": a free program that allows access to content or parts of content for a certain period of time;
Paid Subscription: A paid subscription program that gives you access to all content, including a Free Trial (the "Subscription Program"). You will only have access to the Subscription Program while the applicable subscription is paid for and active. It is possible to access a free trial period under the Subscription Program based on the currently valid promotional offer. All subscription-based services are accessed through the Application. You can become a subscriber to the Subscription Program by purchasing a subscription to the Services via the Website or as part of the Application - in the case of Applications, it is possible if such an option is offered by the operator of the store providing the Application. Please note that if you have purchased a subscription through the Apple iTunes Store or our iPhone app, the sale is final and there are no refunds. The purchase is subject to Apple"s applicable payment policies, which may also not provide refunds. If you have purchased a subscription through the Google Play Store, the sale is final and there are no refunds. Your purchase is subject to Google"s applicable payment policies, which may also not provide refunds
The "Monthly" subscription is paid in monthly installments. You hereby acknowledge and agree that for each month that a monthly subscription is active, SkillUp is authorized to charge the same Apple or Google Account, or an account set up via the Website, that was used to make the first Subscription fee or other payment method ("Payment Method") in the amount of the monthly subscription fee applicable at the time of subscription renewal.
Monthly subscription renewal fees will be automatically charged to your chosen payment method until you cancel it. You cannot request a refund for a subscription period that is less than a full month.
An "Annual" subscription is paid for with a one-time upfront payment with auto-renewal once a year. You hereby acknowledge and agree that SkillUp is authorized to charge you using the Payment Method used for (i) the first annual subscription fee at the rate set at the time of purchase and (ii) the subscription renewal fee at the non-discounted rate in effect at the time of renewal . You cannot request a refund for an incomplete subscription period.
You hereby agree to promptly notify SkillUp of any changes to your chosen Payment Method during the term of your subscription. You are responsible for paying all fees and charges, including applicable taxes, and for any subscriptions you purchase.
When using the Products, a third party payment service provider may receive and use updated credit card information from your credit card issuer to prevent your subscription from being canceled due to your card being outdated or expired. The transfer of updated credit card details is made to SkillUp and SkillUp's third party payment service provider at the sole discretion of your credit card issuer. Your credit card issuer may allow you to opt out of the update service. To do this, please contact your credit card issuer. Our obligation to deliver the Products only arises when we receive your Order and confirm the purchase by e-mail.
We undertake to confirm your Order and send you an e-mail confirming access to the purchased subscription. Please quote your order number in all further correspondence with us. Prices in US Dollars and Euros include local taxes. Prices quoted in sterling are inclusive of VAT unless otherwise stated. You agree not to hold us responsible for bank charges incurred in connection with payments made to your account. In the event that payment is not received by us through the payment method you have chosen, you agree to pay all amounts due upon our request. You hereby acknowledge that you are not authorized to resell Products purchased through SkillUp for commercial purposes.
Minimum technical requirements to use the App and our Services:
the most current version of one of the following operating systems: Android or iOS.
You are only authorized to view, copy, print and distribute (but not modify) the content of the Site, provided that the use is for non-commercial purposes only.
Through the Site, you have the ability to link to other websites that are not controlled by SkillUp. We have no control over the nature, content and availability of these sites. Implementing of any hyperlinks does not imply our recommendation or endorsement of the views expressed in the content contained under those links.
The Services are protected under applicable intellectual property laws, and by accepting these Terms of Service, you agree to be bound by them. Without our prior written consent, you are not authorized to download, copy or store the content of the Services in any form other than the Services themselves, nor to modify, publish, transmit, participate in the transfer or sell, reproduce, create derivative works under the foregoing mentioned, dissemination or performance of any content contained in the Services.
Certain features of our Services may now or in the future allow you to post or submit content and materials for publication on our Services ("User Content"). You hereby guarantee that you own all intellectual property rights in your User Content, and you consent to us using, reproducing, modifying, adapting and publishing your User Content to enable us to offer the Services or features you have chosen to use. You are responsible for your User Content and you understand that we may not always be able to remove it once it is posted.
We provide you with access to the Services under a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the content provided through the Application and to use the Application. You are authorized to use our Services for personal, non-commercial use only and in accordance with these Terms of Service. This license is available to you as long as you are not prevented from using the Services under applicable law and your account is not closed by us or by you yourself. In the event that these Terms are unenforceable where you are located, you may not use the Services. The Company reserves all rights not expressly granted in this license to the fullest extent possible in accordance with applicable law.
If you are not satisfied with our Services, or if you encounter any problems, you can file a complaint electronically by contacting our Customer Service Department at [email protected]. Your complaint will be dealt with as soon as possible, and in any case no later than 30 days from the date of its receipt. The complaint should contain a description of the problem you encountered and the preferred solution. Our response to your complaint will be sent to the e-mail address from which the complaint was sent or to another e-mail address indicated by you.
We hope you enjoy using the Services, however you may delete your account at any time by contacting our customer service team or via your profile settings (requires login). Please refer to the Subscription Plans and Payment Policies below for information on refund options.
While you have the right to delete your user account at any time, you acknowledge and agree that as a consumer you have no right to withdraw from the contract governing our provision of the Services:
we supply digital content that is not contained on a tangible medium and you expressly consent to us starting the performance of the contract concluded with you before the expiry of the 14-day withdrawal period.
you consent to the waiver of the right to withdraw from the contract after we have fully performed the said contract (after you start watching training videos made available via the website) and you expressly consent to us starting the performance of the contract before the expiry of the 14-day withdrawal period contract;
You confirm that you lose your right of withdrawal.
All service subscriptions renew automatically using the payment details registered to your user account. If you purchase an auto-renewing subscription, you acknowledge and agree that we are authorized to use your payment details to collect the renewal fee.
The auto-renewal date is shown on your Account page and in the payment confirmation email that will be sent to you after your first purchase. You may cancel the automatic renewal of your subscription at any time prior to the aforementioned date through your Account or by contacting our Customer Service Department at [email protected]. This will prevent further subscription fees from being charged to your account.
Our prices may change in the future. If the price of a subscription changes, we will notify you and give you the opportunity to change or cancel your subscription before those changes are made to your account or before you are charged to the payment method used to auto-renew your subscription.
By providing us with your payment details, you ensure that said payment details are valid (1) for you, or (2) for the person who authorized you to use their payment details to purchase a subscription.
If you provide another person's payment details, you acknowledge that we may refund the payment to that person upon request and if the account qualifies for a refund under this Payments Policy. This may interrupt or terminate the provision of the Services provided to you.
We expect our users not to use products and services in an unauthorized way. You undertake:
not attempt to impersonate another person or use another person's Account Information without their consent;
not to use or distribute the Services for research or clinical research purposes;
not to breach or attempt to breach the security of the Services, including logging into a server to which you do not have the right to access or checking vulnerabilities in the systems and networks that make up the infrastructure of the Services;
not attempt to redistribute, decompile, reverse engineer, publish or copy the Services in any way, including cracking flash (.SWF) files;
not use the Services to create a product that is substantially similar in appearance, function or design;
not attempt to access or search the Services through any means other than our publicly available interfaces (for example, by scraping);
not interfere with the use of the Services by other users;
not to use the Services or any of the Company's trademarks, game names, trade names, service marks, copyrights or logos in unsolicited mailings, spam, contests or surveys, or to create the impression that any of the aforementioned items are associated with you;
not infringe the rights of third parties, including intellectual property rights or the right to privacy;
not to threaten, stalk, harm or harass others; or engage in any activity related to the Services that is dishonest, offensive, defamatory, unlawful or otherwise inappropriate, or post illegal or defamatory content through the Site or the services we provide
Unauthorized use referred to above is the basis for immediate account deletion and may also expose you to civil or criminal liability.
You hereby consent to us sending you emails regarding customer service, confirmations, newsletters, product offers and other matters.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED ON „AS IT IS" AND "AS AVAILABLE" STANDARDS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. In the maximum extent permitted by the applicable company law and its subsidiaries, members of the management board and/or employees clearly exclude any guarantees, clear or implied regarding services, including all implied guarantees of commercial usefulness, usefulness for a specific purpose or non -violation of rights. As the above disclaimers are not enforceable in certain jurisdictions, they do not apply to you in such cases.
THE COMPANY MAKES EFFORTS TO PROVIDE AND MAINTAIN THE SERVICES ON A COMMERCIALLY REASONABLE BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DOES NOT WARRANT THAT YOU WILL HAVE ACCESS TO THE SERVICES AT ALL TIMES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUBSIDIARIES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO THE SERVICES FOR (I) A TOTAL AMOUNT IN EXCESS OF THE SERVICE FEES PAID BY YOU; (II) LOST PROFITS, LOST DATA, OR FAILURE TO FULFILL ANY OBLIGATIONS, INCLUDING, WITHOUT LIMITATION, GOOD FAITH AND DUE DILIGENCE, ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES; OR (III) ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
YOU HEREBY ACKNOWLEDGE THAT THE ABOVE LIMITATION OF LIABILITY IS A REASONABLE RISK SHARING AND IS A FUNDAMENTAL ELEMENT OF THE TRANSACTION BETWEEN THE COMPANY AND YOU. YOU ACKNOWLEDGE THAT THE SERVICES WOULD NOT BE PROVIDED WITHOUT THE ABOVE LIMITATIONS. Since the above limitations are not enforceable in certain jurisdictions, they do not apply to you in such cases.
To the maximum extent permitted by applicable law, you hereby indemnify SkillUp, its subsidiaries, officers and/or employees, including, but not limited to, liability for attorneys" fees and attorneys" fees, for any claims or demands made by third parties in connection with your access to the Services, your Content, or your breach of the Terms of Service.
Severability and Waiver. In the event that any part of the Terms of Service is found to be invalid or unenforceable, the remaining provisions will remain in full force and replaced with a valid and enforceable provision that most closely reflects your and our intent. Failure by either party to comply with any term or provision contained herein shall not constitute a waiver of that right in the future.
Applicable law. To the extent permitted by applicable law, these Terms of Service are governed by the laws of Poland. The parties agree to seek amicable resolution of any dispute or conflict that may arise out of or in connection with these Terms of Service. If you are located in the EEA, as a consumer you have the option of using the European Commission's online dispute resolution system available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
Final Regulations. The Terms of Service are the complete and exclusive statement by mutual agreement of the parties and supersede any prior written or oral understandings relating to the subject matter herein. In the event of any conflict between the Terms of Service and any additional terms, policies and rules posted by the Company on the Services, the Terms of Service shall prevail unless otherwise indicated.