Legal

Terms of Service

Last updated: Aug 28, 2024 1:23 PM

Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://www.skillcycle.com website (the "Website") operated by SkillCycle, a(n) Corporation formed in New York, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Relationship to Other Agreements

These Terms govern individual user conduct and service use. They do not contain commercial subscription terms, pricing commitments, service levels, or detailed data-processing commitments for organizational customers. If your organization has a subscription agreement, Order Form, master services agreement, or data processing addendum with SkillCycle, that agreement controls with respect to customer-commercial and customer-data terms. The Privacy Policy is a factual notice of data practices and does not reduce rights granted under any customer agreement.

Description of the Service:

SkillCycle is an AI-native talent development platform that combines AI micro-coaching guidance with certified human coaching. Depending on your organization’s configuration, the Service may include:

Aida AI micro-coaching features that provide recommendations, prompts, summaries, assessments, and development insights.

A marketplace for live 1:1 and group coaching engagements with independent professional coaches.

Integrations with workplace tools such as Slack, Zoom, Microsoft Teams, Google Workspace, and other authorized systems.

Dashboards, reports, and workflow features that help organizations understand development activity and outcomes.

Human Coaching Services

Human coaches made available through the Service are independent professionals, not employees of SkillCycle. SkillCycle facilitates matching, scheduling, and platform access, but does not control the specific advice, methods, or outcomes of coaching engagements.

If you use the Service through an organization, information available through the workspace, including account details, usage or participation data, reports, and content or metadata made available by the Service, may be accessible to administrators, managers, coaches, or other persons designated by that organization, depending on the features used and the organization's configuration. Coaching-related information is handled in accordance with applicable product settings, customer instructions, participant directions, and separate agreements. SkillCycle may access or disclose coaching-related information where reasonably necessary to provide support, maintain the Service, investigate abuse or security incidents comply with law, respond to legal process, address safety concerns, or enforce agreements.

AI Features and Technologies: Description of AI Technologies

The Service may include AI Technologies powered by the Aida AI coaching engine. AI Technologies may analyze Customer Data to generate coaching recommendations, development suggestions, summaries, assessments, and other assistive outputs for Authorized Users. AI Features are provided for informational and assistive purposes only and are not a substitute for professional judgment, human coaching, or independent decision-making.

AI Technologies are optional. Organizations may enable or disable AI Technologies through administrative settings or by written notice to SkillCycle. During any period in which AI Technologies are disabled for a Customer account and its users, the AI-specific provisions apply only to the extent relevant to data already processed during periods when AI Technologies were enabled.

AI Features and Technologies: No Automated Employment Decisions

SkillCycle's AI Features are designed to support human decision-makers, not replace them. They are not intended to make solely automated decisions that produce legal effects or similarly significant effects on individuals. Any hiring, termination, promotion, compensation, disciplinary, or similar employment decision must be made by qualified human decision-makers exercising independent judgment.

AI Features and Technologies: How Data is Used for AI Features

SkillCycle may process Customer Data as needed to provide, secure, maintain, support, troubleshoot, and improve the Service, and to comply with applicable law. SkillCycle does not use Customer Data to train generalized or shared AI or machine learning models, and it does not permit third-party AI infrastructure providers to do so on SkillCycle's behalf without clear disclosure and appropriate authorization.

AI Features and Technologies: Service Improvement and Evaluations

SkillCycle may use service data, usage data, feedback, and de-identified or aggregated information to improve response quality, product performance, workflows, reliability, and safety. Where reasonably possible, service improvement work uses de-identified or aggregated information rather than directly identifiable Customer Data. In some cases, limited review of identifiable information may be necessary for support, troubleshooting, safety, abuse prevention, quality assurance, or investigation of product issues, subject to access controls, customer agreements, and applicable law.

AI Features and Technologies: Third-Party AI Infrastructure

SkillCycle may use third-party AI, cloud, and infrastructure providers to deliver AI Features. Those providers are subject to contractual, technical, and organizational safeguards. SkillCycle does not permit such providers to use Customer Data submitted through the Service to train generalized or shared models unless clearly disclosed and appropriately authorized. Such providers may retain data for limited periods as needed to provide the requested service, maintain security, prevent abuse, investigate incidents, or comply with law.

Customer Data and Intellectual Property

“Customer Data” means data, content, and information provided to the Service by you or your organization, or collected through integrations authorized by your organization. As between you and SkillCycle, you or your organization retain all right, title, and interest in Customer Data. You grant SkillCycle a limited, non-exclusive right to use, process, store, transmit, display, and analyze Customer Data solely as necessary to provide, operate, secure, support, troubleshoot, analyze, maintain, and improve the Service; evaluate quality and safety; investigate incidents; enforce policies; and comply with applicable law.

The Service, including its software, interfaces, documentation, workflows, and related intellectual property, is owned by SkillCycle and its licensors.

Except for the limited rights expressly granted in these Terms, no rights are granted to you.

Cancellation policy

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase. We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

You may stop using the Service at any time. Post-termination handling of payment and Customer Data is governed by the applicable customer agreement and Privacy Policy.

Refund policy

We do not offer refunds on any purchases made on this Website.

Advance payments

We may ask you to provide an advance payment on any purchase made of the services offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services.

We will issue you a refund of the advance payment that you made if we cancel.

We will issue you a refund of the advance payment that you made if you cancel.

No warranty on purchases

The items or services displayed or sold on this Website are provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to any items or services displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be none. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Accounts

When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate SkillCycle or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Website;
  12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

No warranty on Website

This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall SkillCycle be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if SkillCycle has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, SkillCycle IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF SkillCycle WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO SkillCycle IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF SkillCycle. The aggregate liability of SkillCycle arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by SkillCycle from you.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2018 - 2025 SkillCycle or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of SkillCycle and are either registered trademarks, trademarks or otherwise protected intellectual property of SkillCycle or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact SkillCycle, Inc at contact@skillcycle.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

SkillCycle, Inc

26 Broadway
3rd Floor
New York, NY 10025
United States

Governing law, severability, dispute resolution, and venue waiver

These Terms are governed by Delaware law, excluding conflict-of-law rules. Any dispute arising from these Terms will be resolved exclusively in the state or federal courts located in Delaware, unless applicable law requires otherwise. Before filing a claim, each party agrees to attempt in good faith to resolve the dispute informally for at least thirty (30) days after notice to contact@skillcycle.com. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Service, and supersede and replace any prior agreements we might have had with you regarding the Service.

You and SkillCycle agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. Changes are effective at the time they are amended. We will not provide you with any notice when we make changes to this Terms of Service. We encourage you to review this Terms of Service periodically to stay informed about our terms. Your continued use of our services after the revised Terms of Service has been posted signifies your acceptance of the changes.