Terms of Service
Version 2026-09 · Effective 7 September 2026
These Terms govern your organization's use of the Skillfull platform. Section 12 limits our liability, sections 4 and 5 set out what you may not put into the Service, and section 13 says who defends and who pays a third-party claim.
1. Who we are, and how this agreement is formed
1.1 These Terms of Service (the Terms) are an agreement between Skillfull Inc, a Delaware corporation operating from 114 Shadewell Dr, Danville, CA 94506 (Skillfull, we, us), and the organization that uses the Service (Customer, you). The Service is the Skillfull platform at www.skillfull.com and the workspace subdomains provided with it.
1.2 The agreement is formed the first time you accept these Terms on screen, accept a written order that refers to them, create an account, or use the Service. If you accept for an organization, you confirm that you can bind it. A signed order prevails where it says so.
2. Your workspace and your people
2.1 We provision a workspace for you at a subdomain we assign or agree with you. Administrators can configure it, manage people and billing, and see the records in it, including learner records. Other roles see less. You decide who holds which role and remove access when it is no longer needed.
2.2 You are responsible for everything done under your account. Each person needs their own account, credentials must not be shared, and multi-factor authentication is available to every user. Email support@skillfull.com if an account may have been compromised. Our staff may sign in to your workspace, including as one of your users, to give support, investigate a security problem or comply with the law, and that access is logged.
3. What the Service is, and what it is not
3.1 We provide a hosted platform for building, delivering, scheduling and tracking training. We provide the platform. You provide the training. We are not a training provider, an accrediting body or an auditor, and we do not certify that anyone complies with anything. Duties you owe a regulator, an employer or an accrediting body stay yours, including the accuracy of the records here.
3.2 Some features generate drafts, summaries, transcripts, captions, images and audio from material you supply. That output can be wrong, so review it before you rely on it, and never make it the only basis for a decision about a person's credential, employment or pay. If we materially reduce the core functionality you pay for during a paid term, you may end the affected subscription within 30 days and we will refund the unused part of what you prepaid.
4. Acceptable use
4.1 You and your users must not:
- break the law, infringe anyone's rights, or upload unlawful or infringing content;
- upload malicious code, reach into another customer's workspace, or test our security without written permission;
- reverse engineer, resell or rent the Service, apart from the selling features in section 9, build a competing product from it, or train a model on its output;
- scrape or bulk extract data from the Service other than through the features and application programming interfaces we provide;
- exceed rate limits, or use automated means in a way that degrades the Service for others;
- send unsolicited commercial messages through the Service, or use it in breach of any law governing commercial electronic messages or telemarketing;
- misrepresent your identity or affiliation, or impersonate any person; or
- record or transcribe a live session without the notices and consents the law requires.
4.2 We do not routinely monitor Customer Content and we have no obligation to do so. We may review it when we have a reason, such as a report of abuse, a suspected security problem, a legal demand or an investigation into a breach of these Terms, and we may remove or disable content we reasonably believe breaks section 4.1, 5.2 or 5.3. We will tell you what we removed and why, unless a law or a law enforcement request stops us. Your plan includes usage allowances; when you reach one, the Service may stop the action until it resets or you change plan.
5. Your content, and ours
5.1 You own your content. As between you and us, you own everything you or your users upload to or create in the Service, including courses, videos, assessments, recordings, transcripts and learner records (Customer Content). You are responsible for its accuracy and legality, for the rights and consents needed to upload it and have us process it, and for the sharing settings you choose. Keep copies of anything you cannot afford to lose.
5.2 Restricted data. Unless we have signed a separate agreement covering it, do not put into the Service: education records under the Family Educational Rights and Privacy Act, protected health information under the Health Insurance Portability and Accountability Act, information about a child under 13, or card or bank account numbers outside the payment features.
5.3 Two further categories are allowed only through the features we build for them, and only where you have given the notices and obtained the written consents the law requires. The first is a government issued identifier, such as the student identifier in our optional vocational training fields. The second is a biometric identifier such as a voiceprint: our voice feature builds a voice model from a sample a person supplies, records who consented and when, and sends the sample and the model to ElevenLabs in the United States. Do not put either category anywhere else in the Service.
5.4 If you put restricted data into the Service without our written agreement, or put a category in section 5.3 somewhere other than the feature built for it, you do so at your own risk, you remain responsible for it, and we may remove it and require you to stop.
5.5 You grant us a non-exclusive, worldwide, royalty free license, while you hold a subscription and through the wind down in section 14, to host, store, copy, back up, transcode, transcribe, display and otherwise process Customer Content in order to provide the Service, and we may pass these rights to the providers in section 7.4. We will not sell Customer Content, use it for advertising, or use it to train models made available to anyone else.
5.6 We own the Service, its software, the templates we supply and the Skillfull name, and you get a limited, non-transferable right to use it during your subscription. All rights not expressly granted are reserved. If you send us feedback or suggestions about the Service, you grant us a perpetual, irrevocable, worldwide, royalty free license to use them without obligation to you, and we will not name you as the source without your consent.
6. Learner data and privacy
6.1 You decide, we execute. For personal information in Customer Content you determine the purposes and means of processing. You are the business or controller and we are your service provider or processor, including under the California Consumer Privacy Act. You confirm that you have given the required privacy notices and hold a lawful basis, and any consent the law requires, for what you put in, including for anyone in a recording or attendance record.
6.2 We process personal information on your behalf only to run your workspace, deliver and record training, produce the transcripts, reports and exports you ask for, send the messages you configure, support and bill you, and keep the Service secure. We process it for no other purpose. We will not sell or share it; will not retain, use or disclose it for a commercial purpose of our own; will not retain, use or disclose it outside the direct business relationship between you and us; and will not combine it with information from another source or from our own dealings with an individual, except where the law allows a service provider to do so. We understand these restrictions and will comply with them.
6.3 We give personal information the same level of privacy protection that the California Consumer Privacy Act requires of you, and everyone on our side who handles it is under a duty of confidentiality. We will tell you if we decide we can no longer meet our obligations under this section, and you may then take reasonable and appropriate steps to stop and remediate any unauthorized use. You may take reasonable steps to check that we are handling personal information as this section says, and we will give you the information reasonably needed to show that we are.
6.4 We will help you answer requests from individuals to know, access, correct, delete or opt out, at your cost where the help goes beyond the routine, and we will send anyone who asks us about learner data back to you.
6.5 Our Privacy Policy at www.skillfull.com/legal/privacy covers the account, billing and support data for which we are responsible. Your own privacy notice covers learner data.
7. Services you connect, including Zoom
7.1 The Service can connect to services run by other companies. Your use of one is governed by your agreement with that provider, and we are not responsible for it, or for a destination you send data to.
7.2 Zoom. You need your own Zoom account, and some features need a particular Zoom license. Your use of Zoom is governed by your agreement with Zoom, and connecting it authorizes us to use the permissions you grant. If Zoom changes or withdraws its service the affected features may stop working. You can disconnect at any time inside the Service, which revokes our access at Zoom, or you can remove the application from your Zoom account, and Zoom then tells us. Either way we erase the stored Zoom credentials, the Zoom user identifier and the Zoom email address we held. Recordings, transcripts and courses already imported stay in your workspace.
7.3 Live sessions. A live session records attendance and captures a transcript into your workspace, and a host can delete that transcript. You must tell participants what is captured and obtain any consent the law requires before a session is recorded or transcribed. Some state laws require the consent of every participant.
7.4 Our providers. We use Amazon Web Services, Stripe, Zoom where you connect it, OpenAI and ElevenLabs, and providers for email delivery and monitoring, and we stay responsible for the work we engage them to do. The current list is available from support@skillfull.com, and we give 30 days notice before engaging a new one that would process learner data. The United States service is hosted in the United States.
8. Fees, renewal and cancellation
8.1 You pay the fees for the plan you chose at checkout or in a written order, in United States dollars, in advance for each billing period. Card payments go through Stripe, and by giving us a payment method you authorize us to charge it as fees fall due, including renewals, until you cancel. Invoices, where we use them, are due 30 days from their date, and overdue amounts may carry interest at 1 percent per month or the highest rate the law allows if lower.
8.2 Fees do not include tax, and you are responsible for sales, use and similar transaction taxes. If a charge looks wrong, tell us in writing within 30 days, and we will not treat a disputed amount as overdue while we look at it.
8.3 Your subscription renews automatically for a further term of the same length, at the price then in force, unless you cancel first. We do not send a renewal reminder, so note your renewal date. It is shown as the period end date in the billing area of your account. We will not raise the price during a term you have already paid for, and we will give your billing contact at least 30 days written notice before a new price applies to a renewal.
8.4 You can cancel at any time, from the billing area of your account, which opens the Stripe billing portal, or by writing to support@skillfull.com. Canceling takes effect at the end of the current term, you keep access until then, and you are not charged again. We will not make you telephone us or explain why.
8.5 If a payment fails we email your billing contact that day and again 3, 7 and 14 days later, and if the amount is unpaid 30 days after the first notice we may suspend access until it is paid. We may suspend immediately to prevent serious harm. Suspension does not reduce what you owe, or delete your data.
8.6 Fees are not refundable except where these Terms say so. We refund prepaid, unused fees pro rata where we end your subscription for convenience, where you end it for our uncured material breach, or under section 3.2, 13.2 or 15.2. Beta features may change or be withdrawn without notice, and carry no commitment.
9. Selling to your own buyers
9.1 Optional features let you sell courses and memberships. You connect your own Stripe account, set your prices, and are the seller and merchant of record, responsible for describing what you sell accurately, for the disclosures and cancellation rights consumer law requires, for tax on those sales, and for refunds and chargebacks. We deduct a platform fee from each transaction. The Earnings page in your account shows the platform fee taken on course and bundle sales, by month and in total. Ask us at support@skillfull.com for the current rate, and we will give 30 days notice before changing it.
9.2 When an order is refunded the buyer's access is revoked automatically, and when a recurring membership lapses, access is revoked to content the learner has not completed. Tell your buyers that this is how it works.
10. Confidentiality
10.1 Each party will use the other's non-public information only to perform this agreement, will protect it with at least reasonable care, and will share it only with people who need it and are under similar obligations. Customer Content is yours; our pricing and the non-public parts of the Service are ours. This does not cover information that is public through no fault of the recipient, was already known, or was independently developed, and either party may disclose where the law requires. These obligations last 3 years, and indefinitely for trade secrets.
11. Availability, support and security
11.1 We do not promise a level of availability. There is no uptime percentage, no service credits and no service level agreement unless we have signed one. The Service depends on providers we do not control, and we may take it offline for maintenance. We publish component status and recent incidents at www.skillfull.com/status, which is not an uptime record or a commitment.
11.2 Support is by email to support@skillfull.com and through the support area inside the Service. We aim to respond promptly. We do not offer a guaranteed response time. Support covers the Service, not your content, your compliance or a service you connected.
11.3 We maintain safeguards designed to protect Customer Content: encryption in transit, encryption of the database at rest under a customer managed key, encryption of stored third-party credentials using the Advanced Encryption Standard (AES-256-GCM), role-based access control, audit logging, automated database backups and multi-factor authentication. We will not make them materially less protective during your subscription. No system is perfectly secure, and the security decisions inside your workspace are yours.
11.4 If we become aware of a breach that destroys, alters, loses or exposes Customer Content, we will tell you without undue delay after confirming it, and immediately following discovery where the law imposes that standard on us, giving you what we know so you can meet your own notification duties. Report a vulnerability to support@skillfull.com.
11.5 You decide whether an incident requires you to notify individuals or a regulator, and you make that notification. We will not notify your learners for you unless we agree in writing or a law requires us to. Our notice to you is not an admission of fault or liability.
12. Warranties, disclaimer and liability
12.1 We warrant that we have the authority to enter into this agreement, that we will provide the Service with reasonable skill and care, and that we will not knowingly introduce malicious code into it.
12.2 EXCEPT AS STATED IN SECTION 12.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT DATA WILL BE PRESERVED WITHOUT LOSS, THAT GENERATED OUTPUT WILL BE ACCURATE, OR THAT USING IT WILL MAKE YOU COMPLY WITH ANY LAW. An implied warranty a state will not let us exclude lasts 90 days.
12.3 NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA. EACH PARTY'S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID OR OWE US IN THE TWELVE MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM. That figure doubles for a claim arising from our breach of section 6 or 11.3 that exposes personal information, and is US$100 for anything provided free. These limits do not cover your obligation to pay fees, either party's indemnity under section 13, a breach of section 10, gross negligence, willful misconduct or fraud, death or personal injury caused by negligence, or liability that cannot be limited by law.
12.4 These limits apply even if a limited remedy fails of its essential purpose, and they survive termination. Where a state does not allow the exclusion or limitation of incidental or consequential damages, that exclusion does not apply to you and our liability is limited to the smallest amount that state permits. These limits are an agreed allocation of risk between two businesses and are a basis of the price of the Service. Neither party would enter into this agreement without them.
13. Indemnification
13.1 We will defend you against a third-party claim that the Service, as we supply it and used as these Terms permit, infringes a United States patent, copyright, trademark or trade secret, and we will pay the damages and costs finally awarded against you, or agreed by us in settlement of the claim. This does not apply to a claim arising from Customer Content, from your instructions or configuration, from combining the Service with something we did not supply where the claim would have been avoided without the combination, from a change made by anyone other than us, or from use in breach of these Terms or of the law.
13.2 If a claim under 13.1 arises, or in our reasonable opinion is likely to, we may obtain the right for you to keep using the Service, change or replace it so that it does not infringe and does the same job, or, if neither is commercially reasonable, end the affected subscription and refund prepaid, unused fees pro rata. Sections 13.1 and 13.2 state our whole liability and your only remedy for a claim that the Service infringes.
13.3 You will defend us against a third-party claim arising from Customer Content, from your breach of section 4, 5.2, 5.3 or 6.1, from a notice or consent you failed to give or obtain, including for recording or transcribing a session, from your sales under section 9, or from the duties that stay yours under section 3.1. You will indemnify us and hold us harmless, and will pay the damages and costs finally awarded against us, or agreed by you in settlement of the claim.
13.4 The party seeking indemnity must give the other prompt written notice of the claim, must let the indemnifying party run the defense and settlement, and must cooperate reasonably at that party's cost. A delay in giving notice reduces the indemnity only to the extent the delay prejudices the defense. The indemnified party may take part at its own cost. Neither party may settle in a way that puts liability, an admission or a non-monetary obligation on the other without that party's written consent, which must not be unreasonably withheld.
14. Termination, and your data afterwards
14.1 This agreement runs for your subscription term and each renewal until it ends. Either party may end it by notice if the other commits a material breach and does not fix it within 30 days of written notice, or immediately if the other becomes insolvent and the proceeding is not dismissed within 60 days. We may end your subscription for convenience on 30 days notice, refunding prepaid, unused fees pro rata, or immediately if the law requires it or your use would expose us or another customer to serious legal or security risk. On termination or expiry your right to use the Service ends, subject to the export window, and all fees accrued to the effective date become due.
14.2 While your account is active, administrators can export workspace data from the data export area, and each person can export the data held about them from their own account area. Exports leave out passwords and other secrets.
14.3 Export window. For 30 days after your subscription ends we keep Customer Content and, on a written request from an administrator, make it available for export in the formats the Service supports, at no charge.
14.4 Nothing deletes your content on a schedule after that. We keep it until an authorized administrator asks us in writing to delete it, and we then carry that out by hand. Even after a deletion request we keep content we must hold for a law or a legal hold, copies in routine backups that are overwritten within 90 days, minimal records that a transaction or an acceptance happened, and aggregated data that cannot reasonably be re-identified.
14.5 If you must keep records to meet your own legal, accreditation or funding obligations, exporting them before the window closes is your responsibility. We are not your system of record for a statutory retention period, and deleting data here does not delete it from a connected service.
14.6 A person can ask to delete their own account from inside the Service. The request takes effect after a 30 day grace period and can be canceled during it. Deletion removes or redacts their personal details, but records that something happened, such as attendance at a session, are kept without them.
15. Changes to these Terms
15.1 We may change these Terms. Every version carries a version label and an effective date, shown at the top of this page, and the current version is at www.skillfull.com/legal/terms. For a change that materially affects your rights we give at least 30 days notice, by email to your administrator and billing contact and by a notice inside the Service. Corrections take effect when published.
15.2 When a new version is published we ask you to accept it the next time you sign in with a password. Signing in through single sign on, and joining through an invitation link, do not show that prompt, so check this page for the current version. Continued use on or after the effective date is acceptance. If you do not accept a material change you may end your subscription before it takes effect, and we will refund prepaid, unused fees pro rata. We will not weaken how we handle personal information, or our safeguards, without your agreement.
16. Compliance with laws, sanctions and government users
16.1 Each party will comply with the laws that apply to it in performing this agreement.
16.2 You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region under comprehensive United States sanctions, and that neither you nor your users are on a United States government restricted-party list. You must not export, re-export or make the Service available in breach of United States export control or sanctions law.
16.3 Neither party will offer, promise or give anything of value to improperly influence an official act or decision, and each will comply with applicable anti-bribery and anti-corruption laws.
16.4 The Service is a commercial product. If you are a United States government entity, the rights you get are the rights given to commercial computer software and commercial computer software documentation under the applicable federal acquisition regulations, and no others. Use by a government entity may require a separate written agreement.
17. Governing law and disputes
17.1 This agreement, and any dispute about it or about the Service, is governed by the law of the State of Delaware, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Before starting a proceeding the party raising a dispute will describe it in writing, and senior people from both sides will confer within 30 days. After that, the courts in New Castle County, Delaware have exclusive jurisdiction, although either party may still ask any court to protect its intellectual property.
18. General
18.1 Notices. We may give you notice by email to your administrator or billing contact, or inside the Service, so keep those accurate. Send us legal notices by email to support@skillfull.com and by mail to Skillfull Inc, Attention: Legal, 114 Shadewell Dr, Danville, CA 94506, not by support ticket.
18.2 Neither party may assign this agreement without the other's written consent, except in full, on notice, to an affiliate or on a sale of the business, and neither is liable for a failure beyond its reasonable control, which does not excuse paying.
18.3 These Terms, with any written order and policy they refer to, are the whole agreement about the Service. Neither party relies on any statement that is not set out in them, and terms in a purchase order, vendor portal or other business form have no effect. This agreement is between you and us, and no other person has a right to enforce it. The parties are independent contractors, and nothing here creates a partnership, joint venture, agency or employment relationship. In these Terms, "including" means including without limitation.
18.4 An unenforceable provision is modified to the least extent needed, or severed, and a delay in enforcing a right is not a waiver. Neither party may use the other's name or logo publicly without consent. Sections 5.1, 5.6, 10, 12, 13, 14.3 to 14.6, 16, 17 and 18 survive termination.
18.5 Electronic acceptance. Accepting on screen has the same effect as a handwritten signature. We record each acceptance, with the version, the date and time, and the internet protocol address and browser used, and you agree that record is evidence of it.
19. How to contact us
Skillfull Inc, 114 Shadewell Dr, Danville, CA 94506, United States. Employer Identification Number 87-1902205.
Support, privacy, security and legal notices: support@skillfull.com. Our Privacy Policy is at www.skillfull.com/legal/privacy and service status is at www.skillfull.com/status.