These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and OpenSkills AI, Inc. ("OpenSkills AI," "we," "us," or "our") governing your access to and use of the open-skills.ai platform and related services (the "Service").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.
If you do not agree to these Terms, you must not access or use the Service.
OpenSkills AI is an AI-powered employee learning platform that provides: (a) AI-generated skill assessments, (b) personalized learning paths, (c) AI coaching, (d) curated course content, and (e) learning analytics and ROI dashboards. The Service is offered through web applications and may include mobile applications.
To use the Service, you must create an account with accurate, current, and complete information. You agree to update your information promptly if it changes.
You are solely responsible for: (a) maintaining the confidentiality of your account credentials, (b) all activity that occurs under your account, and (c) notifying us immediately of any unauthorized use. We are not liable for any loss arising from unauthorized use of your account.
Company administrators are responsible for managing employee accounts they create, ensuring they have appropriate authorization to add employees to the platform, and ensuring employee data is accurate.
You agree to use the Service only for its intended purpose of employee learning and development. You shall not:
We reserve the right to suspend or terminate your account immediately for any violation of these restrictions.
Free Trial: 14-day free trial with full feature access, no credit card required. One 7-day extension available on request. After trial expiry, account transitions to read-only. Data is retained for 90 days post-expiration. We reserve the right to modify or discontinue the free trial with 90 days' notice.
Growth Plan: $9.99/month flat rate. Up to 15 employees with 500 AI interactions per month (covering AI coaching, assessments, learning paths, and scenarios). Billed monthly via Stripe. Current rates are published on our pricing page.
Scale Plan: $29.99/month flat rate. Up to 25 employees with 2,000 AI interactions per month. Additional seats available at $1.50/seat/month. Billed monthly. Cancel anytime; cancellation takes effect at the end of the current billing period.
Rate Changes: We may modify pricing with at least 30 days' prior written notice. Continued use after the effective date constitutes acceptance of the new pricing. If you do not agree, you may cancel before the new rates take effect.
Payment Terms: All fees are due upon invoice and payable via the payment methods accepted by Stripe. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. We reserve the right to suspend access to the Service for accounts with overdue payments exceeding 15 days.
Refunds: All fees are non-refundable except: (a) where required by applicable law, or (b) at our sole discretion in cases of Service malfunction that materially prevented use.
Taxes: Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, or similar taxes, excluding taxes based on our net income.
Usage Limits: Each subscription tier includes a defined allocation of AI-powered interactions (including AI coaching sessions, assessments, learning path updates, scenario exercises, and skill evaluations). Current tier limits are published on our pricing page and may be updated from time to time with 30 days' notice.
Daily Rate Limits: To ensure fair access and platform stability, AI features are subject to daily rate limits in addition to monthly allocations. These limits vary by plan tier and feature type. Current daily limits are:
Daily limits reset at 00:00 UTC each day. Unused daily allowances do not roll over.
Fair Use Policy: All AI features are provided subject to a fair use policy. We monitor usage patterns to prevent abuse, ensure equitable access, and maintain service quality. Patterns that indicate automated, scripted, or non-human interaction with AI features may result in throttling or suspension of AI access.
Right to Adjust Limits: We reserve the right to modify usage limits, introduce new limits, or adjust rate limits at any time with at least 30 days' prior notice. Material changes to limits affecting your current plan will be communicated via email.
Right to Limit or Restrict Access: Without limiting our termination rights under Section 14, we may at our sole discretion take any of the following actions if we determine, in good faith, that your use of the Service is improper, abusive, or in violation of these Terms:
Grounds for Enforcement: Actions listed above may be triggered by, but are not limited to:
Notice and Appeal: Where practicable, we will notify you before or promptly after taking enforcement action, including the reason for the action. You may appeal any enforcement action by contacting support@open-skills.ai within 30 days. We will review appeals in good faith and respond within 10 business days.
No Liability: OpenSkills AI shall not be liable for any damages, losses, or costs arising from enforcement actions taken in good faith under this section.
Our Property: The Service, including all software, algorithms, designs, text, graphics, trademarks, logos, and course materials, is owned by or licensed to OpenSkills AI and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership rights to you.
License to Use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its content for your internal business learning purposes during your active subscription period.
AI-Generated Content: Content generated by AI features (assessments, learning paths, coaching responses) is provided as part of the Service. You may use AI-generated reports, analytics, and recommendations for your internal business purposes. We retain all rights in the AI models, algorithms, and methodologies used to generate such content.
Your Data: You retain all ownership rights in the data you provide to the Service (employee information, company details). You grant us a limited, non-exclusive, worldwide license to use, process, and store your data solely for the purpose of providing and improving the Service.
Feedback: If you provide feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback without obligation to you.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the maximum extent permitted by applicable law, we expressly disclaim all warranties, including but not limited to:
AI Content Disclaimer: AI-generated assessments, learning paths, coaching responses, and recommendations are produced by artificial intelligence systems and are provided for informational and educational purposes only. They do not constitute professional advice (including but not limited to legal, medical, financial, or employment advice). AI outputs may contain errors, biases, or inaccuracies. You are solely responsible for evaluating and acting on AI-generated content. AI recommendations should supplement, not replace, human judgment in employee development and management decisions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) Cap on Liability: OpenSkills AI's total aggregate liability arising out of or related to these Terms or the Service shall not exceed the greater of: (i) the total amount you paid to OpenSkills AI in the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars ($100).
(b) Exclusion of Damages: IN NO EVENT SHALL OPENSKILLS AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR ANY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) The limitations in this section apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if a limited remedy fails of its essential purpose.
(d) Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless OpenSkills AI, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
We will provide you with prompt written notice of any such claim and reasonable cooperation in the defense. You shall not settle any claim without our prior written consent.
Informal Resolution: Before initiating any formal dispute resolution, you agree to first contact us at support@open-skills.ai and attempt to resolve the dispute informally for at least 30 days.
Binding Arbitration: If the dispute is not resolved informally, you and OpenSkills AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in Delaware, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
CLASS ACTION WAIVER: YOU AND OPENSKILLS AI 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 PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
Exceptions: Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights. Claims within the jurisdiction of small claims court may also be brought in such court.
We aim to maintain high availability but do not guarantee uninterrupted, continuous, or error-free access to the Service. We may: (a) perform scheduled maintenance with reasonable advance notice, (b) perform emergency maintenance without prior notice, and (c) modify, suspend, or discontinue any part of the Service at any time.
We are not liable for any downtime, data loss, or service interruptions arising from maintenance, force majeure events, third-party service failures, or circumstances beyond our reasonable control.
By You: You may cancel your account at any time through your account settings or by contacting support. Cancellation of paid plans takes effect at the end of the current billing period. No refunds are issued for partial billing periods.
By Us: We may suspend or terminate your account immediately and without prior notice if: (a) you breach these Terms, (b) you engage in fraudulent, abusive, or illegal activity, (c) your account has overdue payments exceeding 30 days, or (d) we are required to do so by law.
Effect of Termination: Upon termination, your right to access the Service ceases immediately. Your data is retained for 30 days following termination to allow for data export, after which it is permanently deleted (except billing records retained per legal requirements).
Survival: Sections 8 (Intellectual Property), 9 (Disclaimer), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and 17 (Governing Law) survive termination of these Terms.
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you consent to the data practices described in the Privacy Policy.
We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' prior notice via email to registered account holders and update the "Last updated" date above. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use and cancel your account before the effective date.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions. Subject to the arbitration provisions above, any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
Entire Agreement: These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and OpenSkills AI regarding the Service and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.
No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights. Employees added to the Service by their employer are not third-party beneficiaries of these Terms.
Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, government actions, Internet or telecommunications failures, or power outages.
For questions about these Terms:
OpenSkills AI, Inc.
Email: support@open-skills.ai
Subject line: "Terms Question"