Terms of Use for User of Company Subscriber
Last updated: June 2, 2023
These Terms of Use (the “Terms”) apply when you use and access our website and the services
(the “Services”) provided by us, (“UpSkill-Hub,” "us," “we,” or
"our"), under the Term of Service (the ”Terms of Service”) between UpSkill-Hub and the UpSkill-Hub
subscriber with which you are employed, affiliated, or associated and from which you received an
invitation to use the Service, (the “Subscriber”).
These Terms also apply when you create a user account on our website prior to becoming a user
of our Services, to the extent these Terms are applicable to such use. In this case, “Services” refer
to your use and access to our website and your user account.
By using our Services:
● you agree that you have read, understood and that you accept these Terms, and agree
that you will be legally bound by these Terms; and
● you confirm that you have read and understood our Privacy Notice.
1 GENERAL
The Services allows users to use the Services. The Services are licensed to the
Subscriber for use in Subscriber’s own business under the Terms of Service. All other
uses are prohibited.
2 USE OF THE SERVICE AND RESTRICTIONS
a) You may only as an authorized user under the Terms of Service use the Services.
Such use shall be in accordance with these Terms.
b) You may not let anyone else use the Services in your name.
c) You are required to follow any written instructions from time to time provided by
UpSkill-Hub for use of the Services. UpSkill-Hub may change instructions provided in
accordance with clause 5.
d) You shall ensure that (i) data that is uploaded to the Services are free of viruses,
trojans, worms, or other harmful software or code; (ii) the data are in the agreed
format; and (iii) that the data cannot, in any other way, damage or interfere with
UpSkill-Hub's system or the Services.
e) You must ensure that log-in information, security methods, and other information
provided by UpSkill-Hub for access to the Services are handled confidentially. You
shall notify UpSkill-Hub immediately in the event of unauthorized access to
information or the Services.
f) You shall notify UpSkill-Hub immediately upon discovery of any infringements or
attempted infringements that might affect the Services.
g) You shall follow all applicable laws, guidelines, and recommendations for the
Services.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 UpSkill-Hub and/or UpSkill-Hub's licensors hold all rights, including intellectual property
rights, to the Services and the software it includes. Unless otherwise set forth in the
Terms of Service, nothing in these Terms or other documentation between UpSkill-Hub
and you or the Subscriber shall be considered to constitute a transfer of intellectual
property rights between the parties.
3.2 You agree to fully comply with these Terms as well as all applicable proprietary rights
laws and other laws governing industrial and intellectual property, as well as any
additional copyright notices or restrictions contained in these Terms. You have no right
to claim the ownership of, publish, copy, assign, transfer, license, or otherwise dispose of
the intellectual property rights to the source code or call structure of any Services.
4 THIRD-PARTY APPLICATIONS
4.1 The Services may include and be integrated with third-party applications, websites, and
services (“Third-Party Applications”) to make available content and/or services to you,
and may publish links to internet websites maintained by third parties. The Third-Party
Applications may have their own terms and conditions of use and privacy notices and
your use of these Third-Party Applications will be governed by and be subject to such
terms and conditions and privacy notices.
4.2 You understand and agree that UpSkill-Hub does not endorse and is not responsible or
liable for the behavior, features, or content of any Third-Party Application or for any
transaction you may enter into with the provider of any such Third-Party Application.
Furthermore, the contents of hyperlinks to third-party websites or platforms do not
imply that UpSkill-Hub supports, promotes, guarantees, or recommends the linked
websites or platforms.
5 CHANGES TO THE TERMS
UpSkill-Hub has the right to change these Terms at any time. By continuing to use the
Services after any changes or alterations of these Terms, you fully accept such changes.
If you do not agree to the changes, you should no longer use the Services.
6 TERM AND TERMINATION
6.1 UpSkill-Hub may terminate your user account or suspend your access to the Services:
a) in the event of your actual or suspected unauthorized use of the Services or if
your use of the Services is not in compliance with the Terms,
b) if you within the Services process information in a way that conflict with
applicable legislation or otherwise is found to be illegal, unethical, or immoral,
c) without authorization attempts to destroy, distort, or obtain access to the
information within the Services,
d) if you otherwise use the Service in a manner that can cause damage to UpSkill-Hub
or a third party, or
e) if you have been inactive for twelve (12) months.
6.2 In addition, access to the Services will terminate immediately and automatically upon
any termination or expiration of the Subscriber's Terms of Service with UpSkill-Hub. Upon
any such termination or expiration, the Subscriber (including you) shall no longer be
permitted to use the Services.
6.3 If you or UpSkill-Hub terminate the user account, or if UpSkill-Hub suspends your access to
the Services under this clause 6, you agree that UpSkill-Hub shall have no liability or
responsibility to you to the fullest extent permitted under applicable law to any refund,
credit, or other compensation.
7 LIABILITY
Except where prohibited by law, UpSkill-Hub, its affiliates, suppliers or distributors shall
not be liable for any indirect, special, incidental, punitive, exemplary, or consequential
damages, or any loss of use, data, business, or profits, business interruption, or loss of
business opportunity, arising from your use of the Services.
8 INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold Sana
Labs and its affiliates, officers, directors, and employees, harmless from and against any
third-party claim and/or any losses/damages of any kind arising out of your actual
unauthorized use of the Services or non-compliance of these Terms or your violation of
any law or the rights of a third party.
9 GOVERNING LAW
These Terms are subject to Spanish law, without application of its conflict of laws
principles. Any dispute, controversy, or claim arising out of or in connection with this
contract, or the breach, termination, or invalidity thereof, shall be subject to the
exclusive jurisdiction of the courts of Spain.
Last updated: June 2, 2023
These Terms of Use (the “Terms”) apply when you use and access our website and the services
(the “Services”) provided by us, (“UpSkill-Hub,” "us," “we,” or
"our"), under the Term of Service (the ”Terms of Service”) between UpSkill-Hub and the UpSkill-Hub
subscriber with which you are employed, affiliated, or associated and from which you received an
invitation to use the Service, (the “Subscriber”).
These Terms also apply when you create a user account on our website prior to becoming a user
of our Services, to the extent these Terms are applicable to such use. In this case, “Services” refer
to your use and access to our website and your user account.
By using our Services:
● you agree that you have read, understood and that you accept these Terms, and agree
that you will be legally bound by these Terms; and
● you confirm that you have read and understood our Privacy Notice.
1 GENERAL
The Services allows users to use the Services. The Services are licensed to the
Subscriber for use in Subscriber’s own business under the Terms of Service. All other
uses are prohibited.
2 USE OF THE SERVICE AND RESTRICTIONS
a) You may only as an authorized user under the Terms of Service use the Services.
Such use shall be in accordance with these Terms.
b) You may not let anyone else use the Services in your name.
c) You are required to follow any written instructions from time to time provided by
UpSkill-Hub for use of the Services. UpSkill-Hub may change instructions provided in
accordance with clause 5.
d) You shall ensure that (i) data that is uploaded to the Services are free of viruses,
trojans, worms, or other harmful software or code; (ii) the data are in the agreed
format; and (iii) that the data cannot, in any other way, damage or interfere with
UpSkill-Hub's system or the Services.
e) You must ensure that log-in information, security methods, and other information
provided by UpSkill-Hub for access to the Services are handled confidentially. You
shall notify UpSkill-Hub immediately in the event of unauthorized access to
information or the Services.
f) You shall notify UpSkill-Hub immediately upon discovery of any infringements or
attempted infringements that might affect the Services.
g) You shall follow all applicable laws, guidelines, and recommendations for the
Services.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 UpSkill-Hub and/or UpSkill-Hub's licensors hold all rights, including intellectual property
rights, to the Services and the software it includes. Unless otherwise set forth in the
Terms of Service, nothing in these Terms or other documentation between UpSkill-Hub
and you or the Subscriber shall be considered to constitute a transfer of intellectual
property rights between the parties.
3.2 You agree to fully comply with these Terms as well as all applicable proprietary rights
laws and other laws governing industrial and intellectual property, as well as any
additional copyright notices or restrictions contained in these Terms. You have no right
to claim the ownership of, publish, copy, assign, transfer, license, or otherwise dispose of
the intellectual property rights to the source code or call structure of any Services.
4 THIRD-PARTY APPLICATIONS
4.1 The Services may include and be integrated with third-party applications, websites, and
services (“Third-Party Applications”) to make available content and/or services to you,
and may publish links to internet websites maintained by third parties. The Third-Party
Applications may have their own terms and conditions of use and privacy notices and
your use of these Third-Party Applications will be governed by and be subject to such
terms and conditions and privacy notices.
4.2 You understand and agree that UpSkill-Hub does not endorse and is not responsible or
liable for the behavior, features, or content of any Third-Party Application or for any
transaction you may enter into with the provider of any such Third-Party Application.
Furthermore, the contents of hyperlinks to third-party websites or platforms do not
imply that UpSkill-Hub supports, promotes, guarantees, or recommends the linked
websites or platforms.
5 CHANGES TO THE TERMS
UpSkill-Hub has the right to change these Terms at any time. By continuing to use the
Services after any changes or alterations of these Terms, you fully accept such changes.
If you do not agree to the changes, you should no longer use the Services.
6 TERM AND TERMINATION
6.1 UpSkill-Hub may terminate your user account or suspend your access to the Services:
a) in the event of your actual or suspected unauthorized use of the Services or if
your use of the Services is not in compliance with the Terms,
b) if you within the Services process information in a way that conflict with
applicable legislation or otherwise is found to be illegal, unethical, or immoral,
c) without authorization attempts to destroy, distort, or obtain access to the
information within the Services,
d) if you otherwise use the Service in a manner that can cause damage to UpSkill-Hub
or a third party, or
e) if you have been inactive for twelve (12) months.
6.2 In addition, access to the Services will terminate immediately and automatically upon
any termination or expiration of the Subscriber's Terms of Service with UpSkill-Hub. Upon
any such termination or expiration, the Subscriber (including you) shall no longer be
permitted to use the Services.
6.3 If you or UpSkill-Hub terminate the user account, or if UpSkill-Hub suspends your access to
the Services under this clause 6, you agree that UpSkill-Hub shall have no liability or
responsibility to you to the fullest extent permitted under applicable law to any refund,
credit, or other compensation.
7 LIABILITY
Except where prohibited by law, UpSkill-Hub, its affiliates, suppliers or distributors shall
not be liable for any indirect, special, incidental, punitive, exemplary, or consequential
damages, or any loss of use, data, business, or profits, business interruption, or loss of
business opportunity, arising from your use of the Services.
8 INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold Sana
Labs and its affiliates, officers, directors, and employees, harmless from and against any
third-party claim and/or any losses/damages of any kind arising out of your actual
unauthorized use of the Services or non-compliance of these Terms or your violation of
any law or the rights of a third party.
9 GOVERNING LAW
These Terms are subject to Spanish law, without application of its conflict of laws
principles. Any dispute, controversy, or claim arising out of or in connection with this
contract, or the breach, termination, or invalidity thereof, shall be subject to the
exclusive jurisdiction of the courts of Spain.