App Skill Cup User App

These Terms of Use governs your access to and use of mobile application Skill Cup, website http://skillcup.me and related platform on the sub-domains of the website (collectively referred to as "Service" or "Skill Cup").

The entity you are contracting with is Limited Liability Company "Active Learning" (hereinafter - "Company" or "We" or "Us").

These Terms of Use create a binding legal agreement between you and the Company. By downloading and or using Skill Cup, you confirm that you agree to these Terms of Use and to the Company's Privacy policy http://skillcup.me/privacypolicy. If you do not agree with any of these terms, please do not use Skill Cup.

Definitions

1. In this Terms of Use, the terms starting with a capital letter shall have the following meaning:
Company, we or us – Limited Liability Company "Active Learning".
User or you – anyone who uses the Service.
Profile – section of the Service that is accessible to the User after the authorization procedure, which allows the User to use additional features.
Customer – legal person that is a client of the Company which acquires the right to access the application and platform for Users and carries out the User's registration procedure.
Website – website http://skillcup.me and any sub-domains of this site.
Application – Skill Cup mobile application.

About Skill Cup

2. Skill Cup is an educational application and platform that has been designed to deliver course materials to registered and authorized Users.
Skill Cup is the ability to learn anywhere and at any time using a portable electronic device which makes learning easy, faster and more efficient.
Skill Cup is a "smart" service, and adapts to each individual and his features. All people are different, and we provide the courses to a certain person taking into account such parameters as: age, place of residence, position, work experience, etc.
Users with a special access (Admin) can design spectacular mobile training for End users by himself in 10 minutes without special knowledge.

Scope of the Terms

3. By visiting or accessing the Service you agree to be bound by our: Terms of Use and Privacy Policy, pertaining to your use of any content provided, accessed or distributed on the Service.
4. These Terms applies only to the actions of the Company and Users with respect to Skill Cup.

Eligibility and the Profile

5. By clicking the "Log in" button or by otherwise using a Profile, You represent that You are either at least 16 years of age or Your parent and/or guardian has consented to Your use of the Service; and that your authorization and your use of the Service is in compliance with any and all applicable laws and regulations.
6. In order to use certain features of the Service, the Customer must register the User's Profile. User registration is carried out by the Customer with the consent of the User and the data provided by the later. You are solely responsible for maintaining the confidentiality of your login and password, and you agree to accept responsibility for all activities that occur under your Profile. You agree that the information you provide to the Company or to the Customer, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your Profile is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your login or password), then you agree to immediately notify the Company. You may be liable for the losses incurred by the Company or others due to any unauthorized use of your Profile.

License

7. We hereby grant you a personal, non-exclusive, non-assignable, non-transferable, non-sub-licensable license to install and use the Service on any device (which shall include future updates made available to you from time to time provided you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms of Use.
The Company grants you the right to use the Service only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Service.

Restrictions on Use

8. When using the Service you agree to comply with all applicable laws and regulations. The Service is not intended for use or distribution by any person or any jurisdiction or country where such use and/or distribution would be contrary to local laws and/or regulations. It is your responsibility to comply with any such laws and/or regulations.
You shall not use the Service in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person. Further, you may not cause any damage to any of the websites, servers, systems or equipment used in the provision of the Service and you may not access or attempt to access any of the user's data without his consent or to penetrate any of the security measures relating to the Service.
You shall not knowingly misrepresent the information (e.g. personal data, content and services) or display or distribute the information in any way including in a way that may create a false or misleading impression as to the origin or value of any item of the information.
You shall promptly notify the Company of any actual or suspected unauthorized third party access to your account.
You shall not upload, post, otherwise make available, or initiate any content that includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
9. Company may, at its sole discretion, block, restrict, or terminate access; suspend or delete User's Profile, at any time, without prior notice if the User infringe the provisions hereof and applicable law.
Company also reserves the right to remove or edit any material, content, at any time in its sole discretion without notice or liability, if it counters to applicable law or and contains vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable.

Intellectual Property

10. Company respects the intellectual property rights of our users, Customers, and other third parties and expects our users to do the same. We reserve the right to suspend, disable, or terminate the accounts of users who infringe the copyrights, trademarks, or other intellectual property rights of others available through the Service.
11. Company owns, or is the licensee to, all right, title, and interest in and to its Service, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof.
12. You must not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the Service and you will not remove, obscure, or alter Skill Cup's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by the Service.

Third party websites, features, products and services

13. The Service may contain information about third party products and services and links to (and frames of) third party websites. Company does not endorse third party websites or third party products and services and has no liability in respect of your dealings with third parties. You maintain full responsibility for your dealings with third parties and your use of third party websites, mobile applications, products or services.
Third party websites, mobile applications, features, products and services that may be available for use on our Service or may be accessed via Service are subject to compliance with the terms and conditions of the third party owners of the relevant websites, mobile applications, features, products or services. Company disclaims any responsibility or liability related to your access or use of such third party content.

Disclaimer and Liability

14. Use of the Service is at your own risk. The Service is provided on an "as is" basis. To the maximum extent permitted by law: (a) Company disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the Service; and (b) all implied warranties, terms and conditions relating to the Service, including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non infringement, information accuracy, interoperability, quiet enjoyment and title are, as between Company and you, hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and or the Service; or any damage or injury to users or their devices as a result of or relating to their use of the Service.
Company will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Service, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.
Company is not liable for the usage of, implementation of, impact from, or communication of the ideas presented in any content provided my the Customer.

Release and indemnity

15. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST THE COMPANY ARISING FROM CONNECTION WITH YOUR USE OF THE SERVICE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, EMPLOYEES AND THIRD PARTY LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO THE SERVICE; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; AND (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT.

Changes to the Terms of Use and the Service

16. Company reserves the right to change or modify these Terms of Use at any time in its sole discretion. Any such change or modification will be effective immediately upon posting on the website, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service. You agree that the Company shall not be liable to you or to any third party for any change or modification to these Terms of Use.
17. Except as may be expressly specified otherwise by the Company, we reserve the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.

Additional Terms for Skill Cup mobile application

Additional terms and conditions that apply to you based on the mobile device the Skill Cup application is installed on:

iOS – Apple

1. These Terms of Use are an agreement between you and the Company, and not with Apple. Apple is not responsible for the Application and the content thereof.
2. Company grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

Android – Google
1. These Terms of Use are an agreement between you and the Company, and not with Google. Google is not responsible for the Application and the content thereof.
2. Company grants you the right to use the Application only on an Android device that you own or control and as permitted by the Usage Rules set forth in the Google Play Terms of Service.
3. Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Google is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
5. Google is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Application.
7. Google and Google's subsidiaries are third party beneficiaries of these Terms of Use, and by accepting these Terms of Use, you accede that Google and Google's subsidiaries will have the right (and are deemed to have accepted the right) to enforce these Terms of Use against you as a third party thereof.

You may contact us by e-mail: support@skillcup.me

This Privacy policy was last updated: 27 August 2018.