Terms & Policies

MuchSkills

Terms of Use for Users (End-Users)

Welcome to MuchSkills!

Effective day 17 April 2020

So happy that you want to use our platform for a new way for Users to share, develop and enhance their superpowers in order for companies to find the right User for a team or role, recruit and project manage including utilizing each and every User’s particular skills in order to elevate project management!

These Terms of Use (the “Agreement”) govern and apply to Users’ use of our platform (the “Platform”), available at the website MUCHSKILLS.COM including any sub-domains (the “Website”). Please read the Agreement carefully before using the Platform. The Platform and the Website (the “Services”) are provided by Upstrat Lab AB, a Swedish company with Business-ID 559172-7218 (“we”, “us” and “our”).

1.

Definitions

"Account" means an account enabling the Users to access and use the Platform. "Client User” means an entity that is authorized to use the Platform, whether in the role of employer, recruiter or organizer of certain projects. “Users” or "you” means individuals creating profiles with their skills and goals in the Services.

2.

General

2.1

By using the Platform, you confirm that:

  1. you have read and understood the Agreement;
  2. you are agreeing to enter into a legally binding contract with us;
  3. you are at least 18 years of age and have the authority to enter into a legally binding contract with us; and
  4. you shall be bound by the Agreement. If you do not accept the Agreement, do not proceed with creating an Account.

2.2

When using the Platform, you will receive a non-exclusive, non-transferable and revocable license to use the Services in accordance with the Agreement. Any use of the Services other than as specifically authorized herein, without the prior written permission from us, is strictly prohibited and will automatically terminate the license granted herein.

3.

Terms and Termination

3.1

The Agreement applies from the date you create an Account (as defined below) and until further notice. You may at any time terminate the Agreement by deleting your Account without prior notice.

3.2

We reserve the right to, without prior notice and with immediate effect, at any time and without any reason, modify, limit, suspend or terminate your use of the Platform and/or the Website.

3.3

Any license granted to you will immediately cease upon termination.

3.4

Notwithstanding anything to the contrary in this Agreement, section 10, 12, 14 and 19 of the Agreement shall survive termination.

4.

User Account

4.1

To be able to use the Platform, you must create an Account.

4.2

You undertake to state correct and complete information when registering the Account, and to keep the information updated.

4.3

You are solely responsible and liable for all access to, and all actions and activities conducted under your Account and shall immediately inform us about any unauthorized use of or access to your Account. You therefore agree to keep the password to your Account confidential and secure in order to prevent unauthorized access to your Account.

4.4

We reserve the right to suspend or terminate an Account at our sole discretion without incurring any liability, including without limitation in cases of your breach of the Agreement or other inappropriate use of the Platform.

5.

Versions of the platform and fees

5.1

The Services is free to use for Users. However, we may introduce a fee for the Services or any part thereof in the future. All such price increases will be made in accordance with section 17 below.

6.

Use of the platform

6.1

You may only use the Services for its intended purposes, i.e. a tool for Users to share, develop and enhance their skills and for companies to find the right User for a team or role and utilizing each and every User’s particular skills in order to elevate project management.

6.2

You represent and warrant that:

  1. you will comply with all applicable laws and regulatory requirements when using the Services;
  2. you will only have one (1) personal Account;
  3. you will use the Services solely for your own purpose;
  4. you will not mislead your identity or create a false identity through the Services; and
  5. that all information submitted by you is correct and not misleading.

6.3

You agree that you will not use the Services for posting, transmitting or otherwise distributing illegal or improper material, such as obscene, pornographic, racist, terrorist or politically slanted material.

6.4

You agree to ensure that you will not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm the Services or other users (other Users or Client Users) in any way; and not use programming codes or commands when communicating in the Services.

7.

Content

7.1

You may upload and post content through the Services. You will at all times remain responsible for content that is uploaded or posted under your Account.

7.2

By uploading content to the Services, you warrant that you are entitled to upload and post the content and that your uploading/posting does not violate applicable law.

7.3

If you publish content which we, in our sole discretion, find indecent, abusive or offensive, we may delete such content and terminate your Account.

8.

Use of aggregated data and content

8.1

We maintain the right to use the content published by you in the Services (as described in section 7) and data derived from your use of the Services, in an anonymized, consolidated and aggregated manner to improve, develop and modify the Services and to market our services.

9.

Personal data

9.1

We collect and process the personal data that you provide to us through the Platform. For further information on how and for which purposes we process and use your personal data as a data controller, please see our privacy policy.

9.2

If a User chooses to reveal their profile and skills to a Client, the Client becomes a separate data controller for the information that the Client collects from the User. Therefore, as a User, please read the relevant Clients’ privacy policies for more information on how they will process the personal data.

10.

Intellectual Property Rights

10.1

Any information, software, data or other materials developed or provided by us or our licensors used by us to provide the Services, including without limitation all intellectual property rights (such as but not limited to copyright, trademarks, trade names or trade dress) therein, shall remain the sole and exclusive property of us or our licensors.

10.2

Unless explicitly allowed to do so by prior written permission from us, you agree not to sell, license, rent, sublicense, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, disassemble, decompile

10.3

The Services may contain content provided by a third party. Such content may be protected by copyright, trademark or another right covered by law. You agree to abide by and maintain all copyright and other legal notices, information, and restrictions contained in any such content you access.

11.

Third Party Services and Links

11.1

The Services may from time to time use and integrate with third party services or websites. You agree that we do not have any control over, or assume any responsibility for, such third-party services or websites with regard to, for example, their functionality, handling of data or any contractual relations between you and such third party.

11.2

Third party services or websites might discontinue integration, or not support the use of the Services in connection with their services or products and/or might charge additional fees for the use of the functions you access. You agree that you are fully responsible for such fees and that we do not assume any responsibilities or liabilities in relation to such third-party services or websites or regarding the Services’ possibility to integrate with such third-party services or websites.

12.

Representation and Warranties

12.1

The Services are provided, to the extent allowed under law, “as is” and “as available” without any representations or warranties of any kind, expressed or implied, including but not limited to merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement.

12.2

We do not leave any warranties, whether expressed or implied, that the Services will

  1. meet your requirements or expectations;
  2. be available on an uninterrupted, secure or error-free basis; or
  3. not cause any latency or processing delays.

12.3

We do not warrant the accuracy, timeliness, reliability, truthfulness, or completeness of any information obtained through the Services. No information, whether oral or written, will create any warranty or representation not expressly made herein.

12.4

Your use of the Services is at your own risk and account. Through your use thereof, to the extent allowed under law, you waive all rights to claim damages as result of your use or our failure to provide the Services in a satisfying manner.

12.5

The foregoing exclusions and disclaimers are an essential part of the Agreement and form a basis enabling us to offer the Services to you. The laws of certain jurisdictions do not allow exclusion or limitation of certain warranties and/or damages. If those laws apply to you, some or all of the above disclaimers may not apply to you in full and you may have additional rights.

13.

Provision & availability of the services

13.1

We may at any time update, change, modify or withdraw the Services as a whole or part thereof, including specific properties, without incurring any liability and without obtaining your prior consent.

13.2

All new functionalities, features or services introduced to the Services will be subject to the Agreement. We will make our best effort to keep the Services operational and fully functional during the updates.

13.3

Notwithstanding the above, we always have the right to immediately suspend or restrict access to the Services, if the Services harms or risks to harm us or other parties. In such cases, we shall promptly notify you that access to the Services has been suspended or restricted in any respect.

13.4

We reserve the right to directly limit the use of or access to the Services and to block or restrict your access to the Services, at any time, for any reason and without prior notice or liability, if such use or access constitutes or may constitute a violation of the Agreement in general or of any applicable local or international laws, rules or regulations or a risk of harming our trademarks, goodwill or reputation.

14.

Limitation of liability and indemnification

14.1

We are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services.

14.2

You agree that we and our affiliates will not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we and our third party application providers have been advised of the possibility of such damages), resulting from

  1. the use or inability to use the Services;
  2. the cost of getting substitute services resulting from any data, information or services purchased or obtained or messages received, or transactions entered into through or from the Services;
  3. unauthorized access to or alteration of your transmissions or data;
  4. statements or conduct of anyone in connection with the use of the Services; or
  5. any other matter relating to the Services.

14.3

You are aware that the Platform is merely a service for sharing, enhancing and developing your skills and for Client Users to find the right User for a team or role, recruit and project manage including utilizing each and every User’s particular skills in order to elevate project management. We accept no responsibility whatsoever for the contact between Users and Client Users, whether such contact is made through or outside of the Services, as all contact and communication between Users and Client Users are made at the User’s own responsibility and risk. Users are therefore aware that we are not responsible for any information that Users and Client Users exchange or any business or employment relationships or disputes that may arise between Users and Client Users.

14.4

You agree to defend, indemnify, and hold us and our affiliates, assignees, officers, employees and agents harmless from all liabilities, claims and expenses, including but not limited to, legal costs and attorneys’ fees, that are caused or can be related to your use or misuse of the Services, violation of the Agreement, your gross negligence or infringement of any intellectual property or other right of any person or entity by you.

15.

Force Majeure

15.1

We shall be relieved from any liability for any delay or failure to perform any obligation under the Agreement during such period and to the extent that the due performance therefore is prevented by reason of any circumstance beyond the reasonable control of us, such as, but not limited to, strike, employment disputes, illness, storm, heavy lightning, flood, fire, war, riot, defects in energy supply, telecommunications, data communication or other communications, delayed delivery from subcontractor or due to any other circumstances that could not be reasonably expected at the time entering into the Agreement.

16.

Miscellaneous

16.1

If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be limited, modified or severed to the minimum extent necessary to eliminate its invalidity or unenforceability in order for the Agreement to otherwise remain in full force, effect and enforceability.

16.2

This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior agreements, proposals, undertakings, and other representations and communications between the parties.

17.

Changes and Transfer

17.1

We may, from time to time, update the Agreement and the newest applicable version will be posted in the Services.

17.2

Changes shall become effective once made available on the Website or in the Platform. If we consider the changes to be material, we shall notify you either with a notice through the Services or with a notice to the e-mail address registered under your Account at least thirty (30) calendar days prior to such changes taking effect. For the avoidance of doubt, price increases shall always be deemed as material changes that shall be notified in accordance with this clause 17.2.

17.3

By continuing to use the Platform after the changes became effective, you are consenting to the changes made in the Agreement. If you do not consent to the changes, you must stop using the Platform by deleting your Account.

17.4

We reserve the right to transfer our rights and obligations under the Agreement to a third party.

17.5

You may not transfer any rights or obligations in the Agreement to a third party without our prior written consent.

18.

Contact

18.1

You may always contact us if you have any questions or thoughts about the Services by using the contact information provided in the Services.

18.2

You accept that we may contact you by sending a notice either to the e-mail address registered under your Account or through the Platform. You are therefore responsible to provide us with a valid e-mail address by updating your Account.

19.

Governing law and dispute resolution

19.1

The Agreement shall be construed in accordance with and governed by the substantive law of Sweden.

18.2

Any dispute, controversy or claim arising out of or in connection with your use of the Platform and/or the Website, or with the Agreement, or the breach, termination or invalidity thereof, shall be settled by public Swedish courts, with Gothenburg District Court as first instance.