Caregiver Terms of Use

These Caregiver Terms of Use (the “Agreement”) apply to the websites, software, portals, mobile applications, online tools, and related services made available by Skills Global, LLC and its affiliates that link to this Agreement (collectively, “Skills Global,” “Company,” “we,” “us,” or “our”). This Agreement governs access to and use of Skills Global’s online platform and related services by parents, guardians, caregivers, and other individuals authorized to access or support a child, learner, patient, or account in a caregiver capacity (collectively, “caregivers,” “you,” or “your”). The Services support ABA-related program administration, caregiver engagement, lesson tracking, reporting, file sharing, and related functionality (collectively, the “Services”).

These Terms are intended for caregivers. The Services may also be used by clinicians, provider organizations, schools, or other business customers under separate agreements, terms, order forms, business associate agreements, service agreements, or provider policies. If you access the Services through an organization-sponsored account, your access may also be subject to the terms and policies of that organization.

1.Use of the Services

Description of Services

The Services are technology-enabled tools intended to support ABA-related program administration, caregiver engagement, lesson access, progress tracking, reporting, secure file sharing, communications, and related educational and operational workflows. Skills Global provides the technology platform and related support functionality. Skills Global does not itself provide ABA therapy, medical care, behavioral health treatment, diagnosis, clinical supervision, emergency response, mandated reporting, educational placement decisions, insurance coverage determinations, or other regulated professional services.

Clinicians, provider organizations, schools, payers, caregivers, and other users remain solely responsible for clinical, therapeutic, educational, safety, care, coverage, compliance, and other professional decisions made in connection with their use of the Services. Use of the Services does not create a physician-patient, therapist-client, clinician-patient, provider-patient, or similar professional relationship between Skills Global and any child, learner, patient, caregiver, clinician, or other person.

Representations and Age Restriction

You are responsible for ensuring that any person who accesses the Services through your account, device, credentials, organization, or internet connection is aware of this Agreement and complies with it. You may use the Services only for lawful purposes, only as intended, and only in accordance with this Agreement and any applicable organization, subscription, or provider requirements.

When you use the Services or communicate with us through the Services, you are communicating electronically. You consent to receive communications related to your use of the Services electronically, including by email, in-product notice, text message where you have provided any required consent, or posting within the Services. Required notices may be provided electronically. Marketing communications, including text messages, will be provided only as described in our Privacy Policy and subject to any consent, opt-out, and other requirements under applicable law.

You represent and warrant that: (a) the information you submit to the Services is true, accurate, current, and complete; (b) you have all rights, permissions, and authority necessary to submit information about yourself, any child, learner, patient, caregiver, clinician, or other person; (c) your use of the Services does not violate applicable law, this Agreement, or any provider, organization, school, payer, or caregiver obligation that applies to you; and (d) you are at least 18 years old and able to enter into this Agreement. The Services are not intended for direct use by children or other minors. Children and other minors may not create accounts, communicate directly with Skills Global through the Services, or use the Services except through an authorized adult caregiver, clinician, provider, school, or other responsible adult as permitted by the applicable account configuration.

General Informational Purposes Only

The Services are intended to support ABA-related program administration, caregiver engagement, lesson access, progress tracking, reporting, and related educational and operational activities. Skills Global does not itself diagnose any condition, establish a clinician-patient relationship, provide medical or behavioral health treatment, or create treatment plans for any child or learner. Any clinical decision, treatment plan, diagnosis, recommendation, therapy, assessment, or intervention must be made by an appropriately qualified professional, caregiver, provider, or other responsible person, as applicable.

Information Provided and Content on Our Services Provided on a Non-Reliance Basis

The Services may include different interfaces and features depending on whether your caregiver account is made available through a clinician, provider organization, school, or other business customer, or purchased directly by you as an individual consumer subscriber. The features available to you may depend on your role, subscription, organization, provider relationship, and the configuration selected for your account.

Content, lessons, reports, prompts, recommendations, AI-generated output, and other information available through the Services are provided for informational, educational, operational, and support purposes only. You must not rely on the Services as the sole basis for any medical, behavioral health, safety, educational placement, legal, financial, or other professional decision.

WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY CONTENT, LESSON, REPORT, AI-GENERATED OUTPUT, OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICES IS ACCURATE, COMPLETE, CURRENT, APPROPRIATE FOR ANY PARTICULAR CHILD OR LEARNER, OR SUFFICIENT FOR ANY CLINICAL, EDUCATIONAL, THERAPEUTIC, OR SAFETY PURPOSE.

2.Prohibited Uses of Our Services

You must use our Services for lawful purposes only and in accordance with this Agreement. You are not allowed to:

• use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
• use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;
• engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• use the Services to provide, request, or facilitate emergency, crisis, diagnostic, clinical, medical, behavioral health, legal, financial, or other regulated professional services except through appropriately qualified professionals and only where permitted by applicable law;
• impersonate or post on behalf of any person or entity or otherwise misrepresenting your affiliation with a person or entity;
• upload, submit, or share payment card numbers, bank account information, government identification numbers, passwords, unrelated financial information, or other sensitive information that is not requested or necessary for your authorized use of the Services;
• use the Services to make automated or sole-basis decisions regarding diagnosis, treatment, therapy plans, educational placement, eligibility, insurance coverage, benefits, safety interventions, mandated reporting, or legal compliance;
• submit information about any child, learner, patient, caregiver, clinician, or other person unless you have all legal authority, consents, authorizations, and permissions required to do so;
• breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
• upload, submit, store, transmit, or share any content that includes or depicts child sexual abuse material, sexual exploitation of minors, non-consensual intimate imagery, abuse, neglect, imminent harm, or other unlawful, harmful, or exploitative content;
• provide us with content that is false, inaccurate, misleading, deceptive, defamatory, libelous, illegal, inappropriate, harmful, or violates and/or infringes the rights of others;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm us or the interests or property of users;
• develop or use any third-party applications that interact with our Services without our prior written consent;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with our prior written consent;
• circumvent any technical measures used to provide our Services;
• interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any of our Services, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
• harvest or otherwise collect or use information about users without their consent;
• reproduce, duplicate, copy or resell any part of our Services or any content from our Services, save and except to the extent expressly permitted in this Agreement;
• without our prior written consent, access, interfere with, damage or disrupt in any way our Services or any part of it, our systems, any of our hardware or equipment or any networks on which our Services are hosted, any software that we use to create or modify the Services or to make the Services available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party;
• submit health information, education records, child information, clinician reports, videos, images, documents, or other sensitive information unless you have the legal authority and any required consents to do so and the information is relevant and necessary for your authorized use of the Services.

3.Our Intellectual Property Rights

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on our Site and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws, including copyright, trademark, patent or other proprietary rights and laws around the world, and all rights are reserved. Any use of the Services and its contents, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

Subject to your compliance with this Agreement and any applicable subscription, provider, or organization requirements, we grant you a limited, nonexclusive, nontransferable, revocable license to access and use the Services and related content solely for your authorized role, such as clinician, organization administrator, educator, caregiver, or individual subscriber. You may not copy, modify, distribute, sell, sublicense, reverse engineer, scrape, or otherwise exploit the Services or any content except as expressly permitted by us in writing.

Whenever you print, download, share or pass on content from our Site to others, you must not make any additions or deletions or otherwise modify any text from our Site, you must not alter or change any images, media or graphics from our Site in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our Site.

Whenever you pass on any content or materials from our Site to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

4.Content Submitted by You

The Services may allow you or other authorized users to create, upload, submit, store, process, or share content, including child or learner information, caregiver inputs, clinician reports, treatment-related notes, lesson completion information, photos, videos, documents, messages, assessment information, feedback, and other materials (collectively, “User Content”). Except for the rights you grant below, you retain any rights you have in your User Content, as between you and Skills Global.

You grant Skills Global a nonexclusive, worldwide, royalty-free license to host, store, process, transmit, display, reproduce, modify, and use your User Content solely as reasonably necessary to provide, secure, maintain, support, improve, and administer the Services; comply with applicable law; enforce this Agreement; and as otherwise described in our Privacy Policy or any applicable agreement with your organization. To the extent User Content includes protected health information or other regulated information, our use of that information will be subject to any applicable business associate agreement, data processing agreement, provider agreement, or other legal requirement that applies to us.

If there is a conflict between this Agreement and any applicable business associate agreement, data processing agreement, provider agreement, order form, school agreement, or other written agreement governing protected health information, education records, or other regulated data, the separate written agreement will control with respect to that regulated data to the extent of the conflict.

You may submit User Content only if you have all rights, permissions, consents, authorizations, and legal authority necessary to do so. You are responsible for ensuring that User Content is accurate, appropriate, relevant, and limited to what is necessary for your authorized use of the Services. You will not upload, submit, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Services any User Content that:

• is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, or inflammatory;
• visit our website or use our Services with the intention, in whole or in part, of establishing a basis for asserting a lawsuit or claim in arbitration against us;
• is fraudulent, misleading or false, may encourage deceptive activity, or would otherwise constitute as duplicitous behavior;
• is, in Company’s judgment, disrespectful, inappropriate, or may expose Company, our users or others to harm or liability;
• may infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
• would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• includes any statements or claims that do not reflect your honest views and experiences;
• contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
• contains private information, health information, education records, financial information, government identification numbers, or other sensitive information about any person that you are not authorized to provide or that is not necessary for the Services; or
• contains malware, corrupted data, harmful code, unlawful content, child sexual abuse material, exploitative content, or other harmful, disruptive, or destructive files or materials.

Company assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Company has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

In the event you provide us with any ideas, thoughts, criticisms, reviews, suggested improvements, or other feedback related to the Services (collectively “Feedback”), you hereby assign such Feedback for which your use of our Services shall count as sufficient consideration and without further compensation or expectation of compensation, and agree that we may use such Feedback for commercial or non-commercial purposes at our discretion. For any Feedback that cannot be legally assigned to us, you hereby: (a) grant us an exclusive, unrestricted, worldwide, perpetual, and royalty-free license to use the Feedback to (i) improve the Services and (ii) promote the Services; and (b) agree that you will not be due any compensation for your Feedback that is used in these ways.

The Services may permit caregivers, clinicians, provider organizations, or other authorized users to upload documents, reports, images, videos, or other files. You must upload only information that is accurate, relevant, necessary, and authorized for the applicable use of the Services. You should not upload emergency information, crisis information, unrelated sensitive information, payment information, government identification numbers, or any information about another person unless you have the legal authority and any required consents to do so.

5.Your Account Details; Caregiver Accounts

• If we provide you with account information, or if you create account credentials, you must keep that information confidential and may not disclose it to anyone. Account access is provided only to the named account holder or authorized organization user. You are responsible for all activity through your account, including activity by any additional caregiver or user you invite or permit, and for any consequences of unauthorized access resulting from your failure to safeguard your credentials.
• For organization-sponsored caregiver accounts, a clinician, provider organization, school, or other business customer may create or initiate your account and invite you to activate it. For direct-to-consumer caregiver accounts, you may create an account directly and select a subscription plan. In each case, you agree to provide accurate information and to comply with any applicable provider, organization, subscription, payment, and account requirements.
• You must not create an account for another person unless you are authorized to do so. If you add or invite another caregiver or other authorized person, you represent that you have authority to do so and that the person is authorized to access the applicable child, learner, patient, or account information. You agree that notices, service messages, policy updates, and account communications may be provided through your account or by other electronic means.
• You are responsible for ensuring that you have legal authority to access, submit, and manage information about the applicable child, learner, patient, or account. If your caregiver account is organization-sponsored, the sponsoring organization is responsible for determining which users may access organization-managed information and for configuring applicable role-based access controls.
• We reserve the right to withdraw access to your account without notice for any actual or suspected breach of this Agreement or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account or any unauthorized disclosure of your login information.
• If you know or suspect that your account credentials or account access have been compromised, you must immediately change your password through the password reset functionality and notify us at info@skillsglobal.com.

WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

6.Consumer Subscriptions; Billing; Auto-Renewal; Cancellation; Refunds; Plan Changes

• If you purchase a direct-to-consumer caregiver subscription, you agree to pay all fees, taxes, and charges disclosed at checkout, in an order form, or otherwise presented to you when you subscribe, renew, or change your plan. If a free trial is offered, the trial terms, trial length, subscription price, renewal cadence, cancellation deadline, and date on which charges begin must be disclosed at or before enrollment. Unless canceled before the end of the trial period, the subscription will automatically convert to a paid subscription and renew as disclosed at checkout.
• Except as otherwise stated at checkout, in an order form, or in a written offer from Skills Global: (a) fees are quoted and payable in United States dollars; (b) fees are based on the Services, subscriptions, or features purchased and not on actual usage; (c) payment obligations are non-cancelable and fees paid are non-refundable; and (d) the number of user subscriptions purchased may not be decreased during the applicable subscription term. For example, if Skills Global offers a five-day free trial followed by a monthly subscription, you will not be charged during the trial period, and the disclosed monthly fee will begin after the trial ends unless you cancel before the applicable cancellation deadline.
• User subscriptions are charged in full on the subscription start date and on each monthly anniversary of that date, unless a different billing frequency is disclosed at checkout or in an applicable order form. If you cancel at least one business day before the next scheduled billing date, you will avoid being charged for the next monthly billing period. Regardless of when cancellation occurs, your canceled account will close and become inactive on the last day of the then-current billing cycle. Accounts canceled in the middle of a billing cycle will not be prorated, and you will not receive a refund or credit for unused days, except where required by applicable law or expressly stated in a separate written refund policy provided by Skills Global. You may cancel through your account settings, through the applicable app store or platform if you subscribed through that channel, or by contacting us at info@skillsglobal.com.
• You must provide and maintain a valid, current, and accepted payment method, such as a credit card, purchase order, or other payment document acceptable to us. If you provide credit card or other payment information, you authorize Skills Global and its third-party payment processors to charge your selected payment method in advance for all Services, subscriptions, renewals, taxes, and other amounts due. If payment is by invoice, unless otherwise stated in the applicable order form, invoiced charges are due fifteen (15) days from the invoice date.
• You are responsible for maintaining complete and accurate billing and contact information. If we do not receive full payment when due, outstanding amounts may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the due date until paid. We may also condition future renewals on shorter payment terms, suspend or limit access to the Services, terminate the applicable subscription or agreement, or accelerate unpaid fee obligations so that they become immediately due and payable if amounts are sixty (60) or more days overdue, or ten (10) or more days overdue for amounts you have authorized us to charge to your credit card.
• Fees do not include taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, and withholding taxes. You are responsible for all taxes associated with your purchases, except for taxes based on our net income. If we are legally required to pay or collect taxes for which you are responsible, we may invoice or charge you for those amounts unless you provide a valid tax exemption certificate authorized by the appropriate taxing authority. Organization-sponsored caregiver accounts may be subject to separate payment, access, cancellation, renewal, refund, tax, suspension, and plan-change terms between Skills Global and the sponsoring organization.

7.Links to Other Websites or Applications

The Services may include educational materials, lessons, articles, videos, professional commentary, or other content created by third parties, including clinicians, doctors, subject-matter contributors, or other external authors. Any information, statements, opinions, or other information provided by third parties and made available through the Services are those of the respective author(s) and not Skills Global. Third-party content is provided for informational and educational purposes only, does not constitute medical, behavioral health, clinical, therapeutic, diagnostic, safety, legal, or other professional advice from Skills Global, and should not be treated as a substitute for professional judgment or individualized care. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third-party content made available through the Services.

We may provide on the Services, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave our Site. If you decide to visit any external link, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked Site is authorized to use any of our trademarks, logos, or copyright symbols.

We may maintain a presence on and link to social media websites and services, including Facebook, LinkedIn, X, YouTube, TikTok, Pinterest, Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on our Site, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THIS AGREEMENT APPLICABLE TO SUCH SITES AND RESOURCES, WHICH YOU WILL COMPLY WITH.

8.Links to Our Services

• You may not link to our Services without our prior written consent.
• Where you have obtained our consent to link to our Services: you may provide links to our Services on other websites owned by you, provided that such websites and the use of any links to our Services comply with this Agreement; wherever you post a link to our Services on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and you must not link to our Services in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and, in any event, without having first obtained our prior written consent.
• We may withdraw permission to link to our Services at any time. If we withdraw permission to link to our Services and inform you of the same, you must immediately remove or cause to be removed any links to our Services.

9.Disclaimers and Assumption of Risk

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SITES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.

THE INFORMATION PROVIDED ON THIS SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT.

USING THIS SITE DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY HEALTHCARE PROFESSIONAL. INFORMATION PROVIDED HERE SHOULD NOT BE USED TO DIAGNOSE OR TREAT A HEALTH PROBLEM OR DISEASE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR, GO TO THE NEAREST EMERGENCY ROOM, OR CALL 911 IMMEDIATELY.

10.AI Features; Informational Use Only

• The Services may include artificial intelligence, machine learning, large language model, automated analysis, or similar features that generate summaries, insights, suggestions, lesson content, behavior-plan drafts, report analysis, recommendations, or other outputs based on information submitted to or available through the Services (“AI Features”). You acknowledge that AI Features are automated tools and that outputs are generated using artificial intelligence.
• AI Features are provided for informational and educational purposes only. AI-generated outputs may be inaccurate, incomplete, outdated, biased, or not appropriate for your specific child, learner, family, or situation. AI Features do not provide medical, behavioral health, clinical, therapeutic, diagnostic, safety, educational, legal, or other professional advice and are not a substitute for consultation with a qualified professional.
• AI-generated outputs are not reviewed or approved by a clinician or other qualified professional unless your account or applicable workflow expressly states otherwise. You should not rely on AI-generated outputs as the sole or primary basis for any decision regarding a child, learner, or other person. You are responsible for how you interpret, use, share, or rely on any AI-generated output.
• You must not use AI Features for emergency, crisis, safety, or urgent situations, including situations involving potential harm, abuse, neglect, self-harm, medical or behavioral emergencies, mandated reporting, or safety escalation. If you believe there is an emergency or immediate risk of harm, call 911 or your local emergency number immediately.
• To the extent you use, share, or rely on AI-generated outputs, you do so at your own risk. You are responsible for consulting with qualified professionals as appropriate before taking any action based on such outputs. AI Features are not intended to create, and do not create, any diagnosis, treatment plan, behavior plan, behavioral intervention plan, therapeutic recommendation, or professional relationship unless reviewed and approved by an appropriately qualified professional.

11.Exclusions and Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SKILLS GLOBAL NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, OR REPRESENTATIVES, WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, ANY CONTENT OR OUTPUT MADE AVAILABLE THROUGH THE SERVICES, ANY AI FEATURES, ANY THIRD-PARTY SERVICES, OR YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS, SECURITY INCIDENTS, SYSTEM FAILURES, VIRUSES, OR NETWORK OR INTERNET FAILURES.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE, OR IF SKILLS GLOBAL IS OTHERWISE FOUND LIABLE IN ANY MANNER, THEN SKILLS GLOBAL’S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO SKILLS GLOBAL FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100), EXCEPT TO THE EXTENT A DIFFERENT LIMIT IS REQUIRED BY APPLICABLE LAW OR A SEPARATE WRITTEN AGREEMENT BETWEEN SKILLS GLOBAL AND YOUR ORGANIZATION.

12.Indemnity

You agree to defend, indemnify and hold Company and its directors, officers, employees, agents or service providers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with our Services; or (iii) the User Content or other information you provide to us through the Services. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.

13.Disputes, Arbitration and Class Action Waiver

ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SKILLS GLOBAL EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY RELATIONSHIP BETWEEN YOU AND SKILLS GLOBAL, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY. THIS JURY TRIAL WAIVER APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SURVIVES TERMINATION OF THIS AGREEMENT.

Any dispute

Any dispute, claim or controversy arising out of or relating to this Agreement, other agreements on the Services, the Privacy Notice, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in California before one arbitrator or submitted to small claims court in California. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the current JAMS Comprehensive Arbitration Rules and Procedures, including Rules 16.1 and 16.2 of those Rules.

Arbitration Award and Appeal Procedure

In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. The parties adopt and agree to implement the current JAMS Optional Arbitration Appeal Procedure with respect to any final award in an arbitration arising out of or related to this Agreement.

No Class Actions

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Seeking Arbitration

If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: Skills Global, LLC, 20335 Ventura Blvd., Suite 225, Woodland Hills, CA 91364, Attn: Legal Department. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, either party may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from www.jamsadr.com. If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US $10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Arbitration Fees

You and Company will each bear its own costs and attorneys’ fees in the event of arbitration; provided, however, that either party may recover attorneys’ and arbitral fees and costs to the extent permitted by applicable law or under applicable arbitration rules. If an arbitrator determines that arbitration has been brought in bad faith, for an improper purpose, or to exert unfair pressure greatly disproportionate to the harm alleged, or that the demand was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys’ fees to the party defending itself in connection with any such dispute.

Hearing

If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award

In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $7,500, whichever is greater.

Opt-out

You have a limited right to opt out of the provisions of this arbitration section (excluding the terms under the heading “Governing Law and Jurisdiction”) by sending written notice of your decision to opt out to info@skillsglobal.com within 30 days after first becoming subject to this Agreement. Your notice must include your name, physical address, and email address, and an unequivocal statement that you want to opt out of this arbitration section. If you opt out of this arbitration section, all other parts of this Agreement will continue to apply to you. Opting out of this arbitration section has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with us.

Injunctive Relief

Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality

The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

14.Governing Law and Jurisdiction

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

15.Other Important Legal Terms

No Waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Company without restriction.

Entire Agreement

This Agreement reflects the entire agreement between the parties related to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, statements, and understandings relating to that subject matter.

Termination

The Services and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Services, including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Information section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Services or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.

Survival

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Deletion of Data

Certain information maintained through the Services may be subject to legal, contractual, organizational, provider, payer, record-retention, audit, litigation hold, or other preservation requirements, including requirements that may apply to protected health information. As a result, account closure or a deletion request may not result in immediate deletion of all information. We may retain information as required or permitted by applicable law, our agreements, and our retention practices. Upon any such termination, (i) you must destroy all content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) we may delete or disable access to our content at any time; and (iv) we may delete or disable your account at any time, subject to applicable legal, contractual, backup, audit, litigation hold, and retention requirements. You agree that if your use of the Services is terminated pursuant to this Agreement, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur as a result. Your use of the Services after termination will be a violation of this section, which survives any termination.

Notices and Electronic Communications

When you visit our Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16.Notice to California and New Jersey Residents

California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is Skills Global, LLC, 20335 Ventura Blvd., Suite 225, Woodland Hills, CA 91364. To file a complaint regarding the Services or to receive further information regarding use of the Services, please send a letter to the above address or contact us via email at info@skillsglobal.com with “California Resident Request” as the subject line. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

New Jersey Residents

If you are a consumer residing in New Jersey, solely to the extent that your rights as a consumer residing in New Jersey render them unenforceable under New Jersey law, the following sections of this Agreement do not apply to you and do not limit any rights that you may have: (a) Disclaimer of Warranties; (b) Limitation of Liability; (c) Dispute Resolution, and (d) Indemnification.

17.International Users

The services referred to on the Services may only be available in the territory to which the Services is directed and may not be available in your country. WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON ANY SITE, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE SERVICES IS DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.

Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit the availability of our Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.

18.Changes We May Make to This Agreement and Other Documentation

• We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement—there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of our Site. Your continued use of the Services will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Services, an email to the address we have on file, or a message in your account.
• We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

19.Contact Us

If you have questions about this Agreement, technical questions about the operation of the Services, or other customer service needs, please contact us at Skills Global, LLC, 20335 Ventura Blvd., Suite 225, Woodland Hills, CA 91364, or by email at info@skillsglobal.com. Do not use this contact channel for emergencies. If you believe there is an emergency or immediate risk of harm, call 911 or your local emergency number immediately. We value your feedback and will do our best to address any concerns.