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TERMS OF USE

We are Skyworker Inc, a company, existing under the laws of USA, (hereinafter "Skyworker", "we", "us" and "our") and we operate a platform connecting specialists with companies (hereinafter "Company" and/or "Companies") looking for candidates through Skyworker website (hereinafter "Website"). The connection between candidates and companies is made through a chat on the platform https://skyworker.ai.

The term "you" refers to a natural person who has accepted these Terms of Service. By accepting these Terms of Service and using Skyworker service, you confirm that you have carefully read and understood these Terms of Service and you agree to be bound by these Terms of Service and policies referenced herein. When accepted by you, these form a legally binding agreement between you and us for using the service. If you do not accept these Terms of Service, then your account registration shall be declined and your data thereof shall be deleted.

1. SKYWORKER SERVICE

1.1. Skyworker enables:

  • Specialist to instantly get a selection of the top job options. For that purpose, Specialist can create his/her own public or anonymous profile which shall include basic information about expertise, experience, and expectations for the new job.
  • Company to get information about Specialists, match with Specialists, and fill its vacancies. For that purpose, Company can create its own public profile which may include information about specialization, open vacancies, internal projects, etc.

2. USING THE SERVICE

2.1. In order to use the Website and the services, you need to be 16 or older. You also need to have the full legal capacity and the power to enter a binding contract and are not banned from doing so under any applicable law. If you are representing a legal person, you have to be duly authorized to carry out such representation.

2.2. In order to use services, you shall create your own account which shall contain your first and last name, your email and a password. Information collected when creating an Account on the Website is subject to our Privacy Notice.

2.3. By opening an Account, Specialist guarantees that:

  • will only provide accurate and up-to-date information to Skyworker;
  • will not share the Account and/or password with any third parties and/or do anything else that might jeopardize the security of the Account and be fully responsible for the access to the account;
  • in case of its change, Specialist will update the Account information;
  • is solely liable for the validity of the information provided to the Skyworker;
  • will not create more than one Account and must not create an Account on behalf of another individual or entity unless Specialist is legally authorized to do so;
  • must notify the Skyworker immediately upon becoming aware of any breach of security or unauthorized use of the account; and
  • is solely responsible for keeping the password confidential and secure

2.4. By opening an Account, Company guarantees that:

  • must not create an Account on behalf of another individual or entity unless Company is legally authorized to do so;
  • will only provide accurate and up-to-date information to Skyworker;
  • will not share the Account and/or password with any third parties and/or do anything else that might jeopardize the security of the Account and be fully responsible for the access to the account;
  • in case of its change, Company will update the Account information;
  • is solely liable for the validity of the information provided to the Skyworker;
  • must notify the Skyworker immediately upon becoming aware of any breach of security or unauthorized use of the account; and
  • is solely responsible for keeping the password confidential and secure.

2.5. Skyworker reserves the right to restrict User’s ability to use Skyworker Website, if we have reason to believe that editing your Account is led from unethical or unfair purposes, information provided by you is misleading, inappropriate or unsuitable.

3. PAYMENTS

3.1. Skyworker uses Stripe, Inc. as the third party service provider for payment services. By using the Service, Company agree to be bound by Stripe Terms of Service (collectively, the "Stripe Services Agreement"), as the same may be modified by Stripe from time to time, and hereby consents and authorizes Stripe to share any information and payment instructions Company provides to the minimum extent required to complete your transactions. As a condition of Skyworker enabling payment processing services through Stripe, you agree to provide Skyworker accurate and complete information about you and your business.

3.2 All services of Skyworker are free for Specialists.

4. PRIVACY

4.1. In order to provide you with the Skyworker service, we shall collect and process personal data related to you as provided in our Privacy Policy.

4.2. By accepting these Terms of Service and using Skyworker service, you acknowledge that you have read and understood the terms of our Privacy Policy and you agree to be bound by this.

4.3. Skyworker respects privacy and is committed to protecting the personal information that Specialists and Companies share with us. Hereby we will give on request an overview of the data being collected, the legal basis for the processing of personal data, how we use personal data, third parties involved in the processing of personal data, safeguards applied in order to secure data, the Skyworker's obligations in relation to the data processing and rights regarding the collected data.

4.4. Skyworker reserves the right to alter the terms of the Privacy Policy at any time by updating the Privacy Policy on the Skyworker website.

4.5. In case you have any questions concerning Privacy Policy, please contact Skyworker at LTerpel@skyworker.io.

5. TERMINATION AND DELETION OF YOUR ACCOUNT

5.1. These Terms Service shall remain in effect until terminated as set forth herein.

5.2. You have the right to delete your account at any time (no prior notification needed). Upon doing so our legal relationship is deemed to be terminated.

5.3. We have the right to terminate the legal relationship with immediate effect, by deleting your account, if you (i) have provided morally inappropriate, fraudulent, misleading or inaccurate information (ii) are not eligible or authorized to use Skyworker service or (iii) have materially violated any requirement stipulated in these Terms Service and have not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by us.

5.4. After the deletion of your account, your data shall be deleted immediately from Skyworker’s platform.

6. INTELLECTUAL PROPERTY PROTECTION

6.1. All components and Content (unless stated otherwise) of the Website, its services and the Website as a whole, belong to the Skyworker and are protected by the intellectual property rights, including, but not limited to copyright, trademarks, trade secrets.

6.2. You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer or otherwise exploit content or technology from the Website without Skyworker’s express prior written consent.

6.3. You may submit information, texts, images, video and audio files to the Website. In this case, you agree to provide the Skyworker with a non-exclusive, royalty-free license to publish and republish such Content on the Website and any other platform or product developed by the Company, while at all times naming the author and providing links (when appropriate). You retain all non-proprietary Intellectual Property rights to Content submitted. Skyworker may commercially distribute such content without your prior permission.

7. LIABILITY

7.1. Skyworker service and any content, or services or features made available in conjunction with or through the website are provided "as is" and "as available" without any warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties. We do not provide any guarantees to you regarding the Skyworker service and/or the website. In particular, we shall not be responsible for the following:

7.1.1. any interruption, discontinuance, suspension or other types of unavailability of the Skyworker service;

7.1.2. any interruption or cessation of transmission to or from the Skyworker service;

7.1.3. any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the Skyworker service;

7.1.4. deletion of, corruption of, or failure to store any content or data;

7.1.5. the incompatibility of technologies used for accessing the Skyworker service.

7.2. Skyworker does not mediate any employment contract nor bear liability for legal relations created by Specialist and Company as a result of using Skyworker service. The terms of employment and any contractual arrangements shall be negotiated and agreed upon between Specialist and Company directly. For avoidance of doubt, Skyworker does not have control nor affiliations with any Company and is not liable for any behavior, responses or actions of any Company. Skyworker does not warrant, represent or guarantee that the information provided by any Specialist or Company is true and accurate.

7.3. Skyworker does not warrant, represent or guarantee that a Specialist will be able to find any job, position or offer by using the Skyworker service.

8. INDEMNIFICATION

8.1. To the extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless the Skyworker from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys‟ fees) arising from:

  1. your use of and access to the Services;
  2. any Content you post, upload, use, distribute, store, or otherwise transmit through the Website;
  3. your violation of these Terms; or
  4. your violation of any law, rule, or regulation, or the rights of any third party.

9. FORCE MAJEURE

9.1. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond the Skyworker’s and yours (“Party”) control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force.

9.2. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.

10. AMENDMENT

10.1. Skyworker may change, remove or add the context of these Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to your use of the Services from that date on.

10.2. Skyworker will notify you by posting revised terms on our website https://skyworker.io.

10.3. You can review the most current version of the Terms using the Terms and Conditions link. If you continue to use the Services after the Skyworker makes changes to the Terms, you are signifying your acceptance of the new and/or revised Terms.

10.4. If you do not agree with new and/or revised provisions of the Terms, you cannot use the services.

11. GOVERNING LAW AND JURISDICTION

11.1. By accessing or using the Services, you agree to be bound by these Terms in compliance with the law of the state of Delaware USA, that apply to any relations between you and the Skyworker (“Applicable Law”).

11.2. You and the Skyworker shall endeavour to resolve through negotiations all disagreements that may arise between you and the Skyworker during the validity term hereof.

11.3. If the parties fail to reach an agreement on the dispute within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court under the Applicable Law.

12. INFORMATION

12.1. If you have any questions concerning the Terms of Service, you are most welcome to send us an e-mail to LTerpel@skyworker.io and we will make an effort to reply within a reasonable timeframe.