TERMS OF USE

Effective from 21 March 2024

Please read these Terms of Use (or "Terms") carefully before using skills-tale.com and other websites representing digital services (collectively, the "Website") owned and operated by Assessty LLC ("we", "our", "us", or "Assessty"), our products, and/or services as outlined below (the "Services"). These Terms of Use provide information about Assessty Services and govern the use of the Website by visitors and users ("you" or "your", or "User"). These Terms constitute a binding contract between you and Assessty. References to “You” herein refer to both you, the individual end user, and the entity on whose behalf you are accepting these Terms of Use. By using the Website and Services, you have accepted these Terms of Use. If you do not accept these Terms of Use, do not use the Website and the Services. Assessty reserves the right to revise the Terms of Use at our sole discretion at any time. Any revisions to the Terms of Use will be effective immediately upon posting by Assessty. For any material changes to the Terms of Use, Assessty will take reasonable steps to notify you of such changes via a banner on the website, email notification, another method, or a combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of the Website and Services.

We, along with our affiliates and partners, provide the Services to you through the Website. Your access and use of the Website and the Services are subject to the following conditions. By creating an account, accessing and/or downloading content, and using the Website and the Services provided therein, you agree to these Terms.

I. DEFINITIONS

Account means an account created for the User on the Website, allowing access to the Services, including materials, tests, and personal user information.

Assessty means Assessty LLC, a limited liability company incorporated and operating in accordance with the laws of the Republic of Armenia, with its registered address at 26/1 Vazgen Sargsyan Str, Office N804, Yerevan, registered under the number 286.110.1223863, TIN 02855708.

Chargeback is a process where a User requests a refund of funds previously paid, typically initiated through the user contacting the company with an application in accordance with the procedure stipulated herein.

Cookies small amounts of information that a web server sends to a web browser, enabling the server to collect feedback from the browser.

Materials means text, drawings, photographs, graphics, sketches, presentations, screencasts, and other information provided to the User by Assessty through the Services.

Order is a written instruction to the Website for the opening of an Account.

User Content means any and all information and content that a User submits to, or uses as result of testing of the soft skills as described on the Website.

II. SERVICES

We are dedicated to providing Users of the Services with an interactive and positive experience while protecting our rights and the rights of our Users.

Assessty offers an EdTech product designed to equip Users with the skills necessary to conduct thorough research, such as prior to launching a new product into the market. It is a text-based RPG game where Users explore a virtual world and interact with characters. Central to our product is an interactive online simulator, utilizing educational and psychological techniques. This simulator takes the form of a role-playing game, where participants navigate various real-world scenarios and develop their own perspectives and understanding, akin to handling in-depth interviews.

Upon completion of the simulator, users should have cultivated essential soft skills and cognitive frameworks. The metaphorical journey represents confronting oneself in unfamiliar territories, returning with insights that inform better decision-making in professional tasks.

The Services provided by Assessty to Users include access to:

  • Materials that can be utilized for self-growth and self-training in communication, leadership, and other soft skills through proven working models, on a learn-on-demand basis, either individually or with peers. Users will have access to specially developed lectures, articles, practical exercises, testing materials, and other information resources.
  • (b) Information resources, including text, graphics, audio and video materials, databases, photos, etc., published on the Website and/or provided as part of the testing materials.

Information on the various parameters of the Service is available on the Website.

Assessty reserves the right, under certain circumstances, to modify, suspend, or discontinue the Website or any part thereof. These circumstances may include, but are not limited to:

  • Technical Maintenance - to ensure optimal functioning and security of the platform.
  • Product Enhancement - to introduce updates, improvements, or new features.
  • Legal Compliance - to adhere to regulatory requirements or respond to legal obligations.
  • Emergency Situations - in response to unforeseen circumstances, such as security breaches or system failures.

Assessty undertakes to notify Users of any significant modifications, suspensions, or discontinuations through appropriate channels, where feasible. However, Users acknowledge and agree that Assessty shall not be held liable for any modification, suspension, or discontinuation of the Website or any part thereof, and that continued use of the Services constitutes acceptance of such changes. Additionally, Assessty shall not be obligated to provide support or maintenance services in connection with the Website.

III. ACCOUNT

In order to use certain features of the Website, you must register for an account and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Website. Assessty may suspend or terminate your Account in accordance with this Terms.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Assessty of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Assessty cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

An account may be required to fully access and utilize certain features on our Website, including content. However, some content is available without an account. For activities such as _____________, an account may not be mandatory, but providing certain information will be necessary. When setting up and maintaining your account (including through our partners' platforms and/or websites), you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else's account.

If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information, we need to verify that you are the owner of that account.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account. You must notify us immediately upon learning that someone else may be using your account without your permission or if you suspect any other security breach. We may request information from you to confirm that you are the rightful owner of your account.

If a User's account on social or other networks is used to register for the Service, the contracting party shall be the person who owns the account used for registration. In this case, Assessty has the right to access the necessary data to identify the User on the relevant social or other network.

If we discover that you have violated these rules by creating an account, we will terminate your account.

We do not impose any age restrictions on the use of our website. Individuals of all ages are welcome to access and use our services. However, if you are under the age of 13, we recommend that you use this Website under the guidance and supervision of a parent or guardian. Please note that some content or features may not be suitable for Users of all ages, and it is the responsibility of the User or their parent/guardian to ensure appropriate use.

Opening an account constitutes acceptance of our offer to provide you with the Services. Each account opening is subject to acceptance by us, and we may confirm such acceptance by sending you a confirmation email.

The purchase of Services is intended for use by one person only, and we have the right to take restrictive and corrective measures against a User who fails to comply with this requirement, including terminating the provision of Services without notice.

If the Service is used without registration by the Users, the contract for its use shall be deemed concluded from the moment of the User's first use of the Service or the Website. In this case, these Terms shall come into effect from the moment of the User's first use of the Service or the Website.

We reserve the right, at our sole discretion, to refuse access to the paid Services to a User who has requested it.

By accepting these Terms of Use, User agrees that the Website will track the User's activity and consumption of content. This includes collecting analytics on the User's screen time and retaining the history of their responses to character interactions for analytical purposes only. User unconditionally consents to Assessty conducting tests on their various soft skills, processing their personal data (User Content) solely for this purpose. However, Assessty hereby commits to not disclosing the results of these tests to any third party. Additionally, Assessty assures that User's information will be stored anonymously, and no personally identifiable data will be shared with third parties.

You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.

By submitting User Content on the Website, the User grants Assessty a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or in part), including any information, suggestions, ideas, or feedback contained therein, in any media, format, or technology, whether now known or hereafter developed, for any purpose, commercial, advertising, or otherwise.

IV. PAYMENTS

The access to the Services will be issued for a one-time purchase fee and will be granted on a lifetime basis. The User shall pay the price of the Service according to the prices announced by Assessty on its Website.

We occasionally run promotions and sales for our content, during which specific content may be available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout). Any price offered for particular content may also differ when you are logged into your account compared to the price available to Users who are not registered or logged in, as some of our promotions are only available to new Users.

A receipt of payment is considered confirmed by any activation of the Service and by other appropriate confirmation, if any.

We accept payments via Mastercard or Visa card, Apple Pay, Google Pay, and alternative payment methods available on the Website.

Paddle is our non-exclusive payment processing partner for the Services across all territories and is responsible for all aspects related to the execution of payment transactions. Paddle provides first-tier after-sales support to Users, including invoicing, handling chargeback requests, payment reconciliation, and initial order-related support. Any card payments on the Website are processed by the User in Paddle's system at checkout and are stored on Paddle's servers. At no point in the payment process does Assessty have access to the User's payment details. Users are advised to refer to Paddle's policies and procedures regarding payment disputes for further information.

V. CHARGEBACK POLICY

Users, upon request, are eligible for a chargeback under the following circumstances:

  • If you notice an unauthorized transaction or unauthorized charges on your payment method for our Services.
  • In the event of non-delivery of the Services or if the Services provided do not meet the description outlined on our Website.
  • Any other valid reasons as per applicable laws and regulations governing chargeback requests.

Users who wish to request a chargeback must submit an application via email to docs@skills-tale.com specifying the reason for the chargeback request along with relevant details, particularly the transaction ID, date of purchase, and any supporting documentation. Chargeback requests must be submitted within 7 (seven) days from the date of the payment for the Services, as per applicable laws and regulations.

Upon receipt of a chargeback request, Assessty will process the request within 14 (forteen) days subject to verification and investigation. Assessty will verify the authenticity and validity of the chargeback request and User’s personal data. Assessty may request additional information or documentation from the User if necessary. In case the User fails to provide appropriate documents or information within three (3) days upon Assessty’s request or in case of any doubts as to authenticity of provided documents, Assessty shall be entitled to decline the User’s chargeback request.

If the chargeback request is approved, a refund will be issued to the User's original payment method within ____________. In some cases, partial refunds may be issued based on the extent of the Services utilized by the User before the chargeback request.

Chargeback requests may not be approved in case of the following events:

  • The User has completed the final stage of the Service.
  • The Services have been purchased during promotional offers or sales.
  • User requests chargeback after 7 (seven) days from the receipt of the payment for the Services.

VI. USER REPRESENTATIONS AND COVENANTS

You represent, warrant and covenant to Assessty on your behalf and, to the extent applicable, the entity or organization on behalf of which you are accepting this Agreement that:

  • all information provided by you to Assessty is truthful, accurate and complete;
  • you shall comply with all terms and conditions of this Agreement;
  • your access to and/or use of the Website or the Services does not and will not constitute a breach or violation of any other agreement, contract, terms of use or similar policy or understanding to which you are or may be subject;
  • you will not use the Website or the Services to violate any statute, law, rule or regulation, to violate any agreement with Assessty or to otherwise violate the legal rights of Assessty or any third person;
  • you will not access or use the Website or the Services in order to gain competitive intelligence about Assessty or any product or service offered by Assessty, to develop competitive products or services or to otherwise compete with Assessty;
  • you will not disseminate, store or transmit files, graphics, software, data or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, similar or other rights of any person;
  • you will not interfere, disrupt or attempt to gain unauthorized access to other accounts on the Website or the Services or any other computer network;
  • you will not disseminate or otherwise make available any proprietary documents or materials made available through the Website or the Services to third parties unrelated to your own needs without the prior written consent of Assessty.

VII. PROMO CODES

We may, at our sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts against due fees or for other features or benefits provided through the Website, subject to any additional terms that we may establish in respect of such Promo Codes. Promo Codes can be activated following the instructions indicated on the Website.

You acknowledge and agree that Promo Codes are one-time offers and can only be redeemed via the Website. We reserve the right to modify or cancel Promo Codes at any time, provided that any Promo Codes already activated will be honored in accordance with the terms in effect at the time of activation.

VIII. INTELLECTUAL PROPERTY

All Materials available on the Website are the exclusive property of Assessty or its licensors, unless otherwise stated, and are protected by copyright, trademark, and other intellectual property laws. The User agrees not to modify, reproduce, distribute, create derivative works or adaptations, publicly display or in any way exploit any of the Materials in whole or in part, except as expressly authorized by Assessty.

Licence. Subject to these Terms, Assessty grants you a non-transferable, non-exclusive, revocable, limited licence to use and access the Website solely for your own personal, non-commercial use.

Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website (or on any content displayed on the Website) must be retained on all copies thereof.

Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by Assessty or Assessty’s suppliers.

IX. THIRD-PARTY CONTENT

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Assessty. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Website, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly relieve Assessty from any and all liability arising from your use of any third-party website, service, or content.

X. PRIVACY

We collect and use personal information about you as described in our Privacy Policy, which is incorporated by reference into these Terms. By accessing or using the Website, you consent to the collection and use of your personal information as described in the Privacy Policy.

XI. DISCLAIMERS

THE SERVICES, MATERIALS, AND CONTENT PROVIDED ON THE WEBSITE ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. WHILE WE ENDEAVOR TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, MATERIALS, OR CONTENT FOR ANY PURPOSE. YOUR USE OF THE SERVICES, MATERIALS, AND CONTENT IS AT YOUR SOLE RISK.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL ASSESSTY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE 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 ASSESSTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICES, MATERIALS, OR CONTENT OR ANY OTHER MATTER RELATING TO THE WEBSITE.

XIII. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Assessty, its directors, officers, employees, affiliates, agents, contractors, and licensors from and against any and all claims, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your access to or use of the Services, Materials, or Content, (b) your violation of these Terms, or (c) your violation of any rights of any third party.

XIV. TERMINATION

We may terminate or suspend your access to the Website and Services, in whole or in part, at any time, with or without cause, and with or without notice. Upon termination, all rights and licenses granted to you under these Terms will immediately cease.

XV. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the Republic of Armenia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of Armenia.

XVI. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

XVII. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Assessty regarding the use of the Website and Services, superseding any prior agreements between you and Assessty.