Skillwarp – Terms of Use

Last Updated:January 1, 2025.

Thank you for using SkillWarp! We provide users worldwide with online educational content, courses, and related services (collectively, the “Services”). By accessing or using our Services in any manner, you agree to be bound by these Terms, as well as our Privacy Policy and any other policies that we may reference or incorporate by reference. If you do not agree with these Terms, you must immediately discontinue use of the Services.

1. Scope and Acceptance

1.1 Applicability
These Terms apply to all visitors, registered users, and others who access or use the Services (collectively, “you”). Additionally, certain features may be subject to specific guidelines or rules, which will be posted in connection with those features. All such guidelines or rules are incorporated by reference into these Terms.

1.2 Acceptance of Terms
By clicking “I agree,” creating an account, enrolling in a course, or otherwise using or accessing the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

1.3 User Eligibility

• Age Requirement: You must be at least 13 years old to use our Services. If you are below the age of majority where you live, you represent that you have obtained permission from your parent or legal guardian to use the Services.
• Compliance Representation: You represent and warrant that your use of the Services is lawful in your jurisdiction and does not violate any applicable laws or regulations.

2. User Rights and Responsibilities

2.1 Limited License
We grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Services for your own non-commercial, educational purposes, subject to these Terms and all applicable laws.

2.2 Account Information

• You agree to provide accurate and complete information when creating or updating your SkillWarp
• You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorized use of your account or other breach of security.

2.3 Prohibited Conduct
You agree not to:

• Engage in any unlawful, fraudulent, or malicious activity.
• Upload or transmit viruses, malware, or other harmful code.
• Violate another individual’s intellectual property, privacy, or other rights.
• Distribute or share your account credentials with anyone else.
• Impersonate another person or misrepresent your affiliation with any entity.
• Reverse engineer, decompile or otherwise attempt to extract source code from the Services or any related software.

2.4 Consequences of Violations
Suppose we determine that you have violated these Terms or any other policy. In that case, we may restrict, suspend, or terminate your account and take any other lawful action to protect our Services and community.

3. Description of Services

3.1 Educational Content
SkillWarp provides courses, tutorials, workshops, and other educational materials (“Content Offerings”). While we strive to offer high-quality learning materials, we do not guarantee any particular outcome, such as professional licensure, academic credit, or job placement.

3.2 Modifications to Services
We reserve the right to add to, update, or discontinue any aspect of the Services at any time, with or without prior notice, and without liability. If we make a significant change to a course or feature in which you are enrolled, we will endeavor to notify you in a timely manner.

3.3 Honor Code / Academic Integrity (If Applicable)
If the Services include assignments, quizzes, or assessments, you agree to complete them in compliance with any Honor Code or academic integrity policies we may implement. Violations may lead to corrective actions, including revocation of certificates or suspension of your account.

4. Payments, Fees, and Refunds

4.1 Paid Services
Some aspects of our Services require payment (“Paid Services”). When you purchase or subscribe to a Paid Service, you agree to pay all applicable fees and taxes as displayed at checkout. Fees may vary based on the course, subscription tier, or other factors.

4.2 Payment Processing
Third-party payment providers may process payments. We disclaim liability for any errors, security breaches, or other issues caused by these external platforms.

4.3 Refund Policy

• Refund Requests: Unless otherwise specified, payments are generally non-refundable. However, we may offer a limited refund window for certain purchases (e.g., within 14 days of enrollment), provided you have not completed the course or received a certificate.
• Subscriptions: If you cancel a subscription, the cancellation will generally take effect at the end of your current billing cycle, and no pro-rated refunds are provided unless explicitly stated.
• Exceptions: We reserve the right to grant refunds or partial refunds in our sole discretion for extenuating circumstances, subject to any time limits or other conditions we specify at the time of purchase.

5. User-generated content and Intellectual Property

5.1 User-Generated Content (“UGC”)

• Definition: UGC includes assignments, discussion posts, projects, or any other content that you upload or submit while using the Services.
• Your Rights: You retain ownership of any UGC you create, subject to the license granted below.
• Your License to Us: By submitting UGC, you grant SkillWarpa worldwide, non-exclusive, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, display, distribute, adapt, and create derivative works of your UGC to operate, improve, and promote the Services.

5.2 Standards for UGC

• You warrant that any UGC you submit is lawful and does not infringe or misappropriate any third party’s intellectual property or other rights.
• We reserve the right to remove or modify UGC that violates these Terms or is otherwise objectionable at our sole discretion.

5.3 SkillWarp‘s Intellectual Property

• All text, images, logos, graphics, videos, software, and other materials provided by SkillWarp(“SkillWarp Content”) are owned by or licensed to SkillWarp.
• Unless expressly permitted, you may not copy, reproduce, distribute, publicly display, or create derivative works of SkillWarp
• No implied license to SkillWarpContent is granted to you other than as expressly permitted in these Terms.

6. Disclaimers and Liability Protections

6.1 Disclaimer of Warranties

• The Services are provided “as is” and “as available” without warranty, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• While we endeavor to provide accurate and reliable information, we do not guarantee the timeliness, completeness, or accuracy of the Services.

6.2 No Guarantee of Results

• We do not guarantee any specific outcomes from using the Services. Your reliance on any advice, information, or materials accessed through the Services is solely at your own risk.

6.3 Limitation of Liability

• To the maximum extent permitted by Law, SkillWarp, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages or any loss of data, revenue, or profits arising from your use of the Services.
• Suppose we are found liable for any claim. In that case, our liability is limited to the greater of (a) the total fees paid by you for the Services in the six (6) months preceding the event giving rise to liability, or (b) one hundred dollars ($100).

6.4 Indemnification
You agree to indemnify and hold harmless SkillWarp, its affiliates, officers, directors, employees, and agents from all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of your breach of these Terms, your misuse of the Services, your violation of any law or regulation, or your violation of any third-party right.

7. Dispute Resolution and Governing Law

7.1 Governing Law
These Terms and any dispute relating thereto shall be governed by and construed under the laws of the Province of [Ontario/Your Province] and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

7.2 Arbitration Agreement
Any claim or dispute arising out of or related to these Terms or the Services (that cannot be resolved informally) shall be resolved by binding arbitration in [Ontario/Your Province], Canada, under a recognized set of arbitration rules. An arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court with jurisdiction.

7.3 Class Action Waiver
To the fullest extent permitted by applicable law, you agree to resolve any disputes on an individual basis, and you waive any right to pursue claims as a plaintiff or class member in any purported class, collective, or representative proceeding.

7.4 Small Claims and Injunctive Relief

• Either party may bring individual claims in small claims court if they qualify.
• Notwithstanding the arbitration provision, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property or prevent unauthorized access to or use of the Services.

8. Modifications to the Terms

We reserve the right to modify or update these Terms at any time in our sole discretion. If we make material changes, we will take reasonable measures to notify you (e.g., via email or posting a notice on our website). Your continued use of the Services after the effective date of such changes constitutes your acceptance of the revised Terms.

9. Termination and Survival

9.1 Termination bySkillWarp
We may terminate or suspend your account or access to the Services immediately, without prior notice, if we believe you have violated these Terms or engaged in unlawful conduct.

9.2 Termination by You
You may stop using the Services at any time. If you cancel a subscription plan, your access to Paid Services will continue until the end of the current billing cycle unless otherwise stated.

9.3 Effects of Termination
Upon termination, your right to use the Services ends immediately, and the licenses granted to you by these Terms shall cease. Any provisions of these Terms intended to survive termination (e.g., limitations of liability, indemnification, dispute resolution) will remain in effect.

10. General Provisions

10.1 Entire Agreement
These Terms and all policies incorporated by reference (e.g., our Privacy Policy) constitute the entire agreement between you and SkillWarp regarding the Services and supersede any prior agreements or understandings.

10.2 Severability
If any provision of these Terms is found invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

10.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

10.4 Assignment
You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may freely assign these Terms concerning a merger, acquisition, corporate reorganization, or sale of assets.

10.5 Notices
We may provide notices to you via email, posting on our website, or any other reasonable method. You can contact us regarding these Terms or the Services at:

SkillWarp Inc.
Email: [support@SkillWarp.com]

11. Contact Us

If you have any questions or concerns about these Terms, please contact us at [support@SkillWarp.com].