1. Your acceptance of these Terms of Service (the "Terms") constitutes an agreement based on which Stepik Technologies s.r.o. and its Affiliates (collectively "Hyperskill", "we", or "us") offers you ("you", "your" or "Customer") access to the website hyperskill.org and its sub-domains (the "Site") and the products ("Application") and services ("Service") available on the Site and other Hyperskill affiliated Applications. For the purposes of these Terms, Affiliates of Stepik Technologies s.r.o. are Digital Learning Solutions OOO and Stepic Inc.
2. By using the Service, the Site, the Application or any other services or products of Hyperskill, you are agreeing to be bound by these Terms.
3. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all Users who access the Services through your Account, in which case the terms "you" or "your" shall refer to such entity, its affiliates and Users associated with it. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services. For the purposes of these Terms, the term "User" means any employee, independent contractor or other personnel obtaining access to the Site, Services or Applications through the Customer. The Customer is responsible and liable for the conduct of its Users under these Terms.
4. Violation of these Terms may result in the termination of your Account and the Agreement between you and Hyperskill. Hyperskill is not responsible for the Customer Feedback posted on the Site or the Service. You agree to use the Site, Service and the Application at your own risk. A. Account Terms
A.1. You are required to create an account on the Site ("Account") in order to use the Services or Applications of Hyperskill.
A.2. You must be a legal entity or a human of 16 years or older in order to create an Account and use the Site, Applications and Services. Accounts registered by "bots" or other automated methods are not permitted.
A.3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the Account creation process.
A.4. Your login may only be used by one User – a single login shared by multiple Users is not permitted. You may create separate logins for as many Users as you'd like.
A.5. You are responsible for maintaining the security of your Account and password. Hyperskill cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
A.6. You are responsible for all Customer Feedback posted and activity that occurs under your Account (even when Customer Feedback is posted by your Users).
A.7. One person or legal entity may not maintain more than one free Account.
A.8. You may not use the Service, Site or Application for any illegal or unauthorized purpose. You must not, in the use of the Service, Site or Application, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). B. Grant of rights
B.1. If you comply with these Terms, you have the rights stipulated hereunder for each Service and Application that you obtain through the Site. Your rights acquired in relation to Services and Applications are limited to those necessary to enable you and your Users to use and operate the Services and Applications. All other rights remain reserved to Hyperskill and its licensors.
B.2. You are authorized to use the Site in order to use the Services and Applications in accordance with these Terms.
B.3. Unless the agreement between you and Hyperskill was terminated in accordance with these Terms, then subject to these Terms, you are authorized to:
- Use the Service(s) and Application(s) for their intended purposes as specified on the Site
- Make one backup copy of the Application for archival or security purposes.
You may not:
- Rent, lease, reproduce, modify, adapt, create derivative works of, distribute, sell, or transfer the Application or Service;
- Provide access to the Application or Service or the right to use the Application or Service to a third party;
- Reverse engineer, decompile, disassemble, modify, or translate, or make any attempt to discover the source code of, the Application or Service; or
- Remove or obscure any proprietary or other notices contained in the Application or Service.
C. Payment, Refunds, Upgrading and Downgrading Terms
C.1. A valid payment method is required for paying for the Applications and Services. Free Accounts are not required to provide a payment method.
C.2. The Service is billed in advance on a monthly basis. Any refund request following payment for the Service will be subject to prior authorization by Hyperskill, and acceptance of such request shall be at the sole discretion of Hyperskill, unless otherwise provided by applicable law.
C.3. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Hyperskill does not accept any liability for such loss. D. Cancellation and Termination
D.1. You are solely responsible for properly canceling your Account. You can cancel your Account at any time by writing an email request to firstname.lastname@example.org from your Account email address. Terminating your Account in this way will automatically terminate the agreement between you and Hyperskill based on these Terms, save for clauses of the Terms which should survive its termination.
D.2. Your personal data will be deleted from the Service upon Account cancellation and you will lose access to the Content. This information can not be recovered once your Account is canceled.
D.3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
D.4. Hyperskill, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service or Application, or any other Hyperskill service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Hyperskill reserves the right to refuse service to anyone for any reason at any time. E. Modifications to the Service and Prices
E.1. Hyperskill reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the Service or the Applications (or any parts thereof) with or without notice.
E.2. Prices of all Services and Applications, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site.
E.3. Hyperskill shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
E.4. Hyperskill reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Service, Site or Applications, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service, Site and Applications after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at https://hi.hyperskill.org/terms F. Copyright and Content Ownership
F.1. Our Rights. We or our licensors own all right, title and interest in the Content, the Applications and the Service, including all rights in any copy, translation, modification, adaptation or derivation of the same. We or our licensors own the copyrights, trademarks or other intellectual property rights contained in the Content, the Applications and the Service and all or any part of any material contained therein or prepared therefor, whether or not used therein, in any format or version. We may distribute Content, Services and Applications in our sole discretion by any method of distribution now existing or later developed.
F.2. Rights Clearances and Assignments. You will be solely responsible for obtaining all rights clearances with respect to all Customer Feedback created or provided by your or your User to us in connection with this Agreement. At our request, you will obtain the execution of any instrument, including from any User, that may be appropriate to assign these rights under this Section to us.
F.3. Your profile data remain yours. By setting certain types of your data to be shared publicly, you agree to allow others to view and share your profile data.
F.4. Customer Feedback. Any content uploaded by you or your Users ("Customer Feedback") including your comments, reviews, code or other feedback shall be owned by Hyperskill, including all copyright to such uploaded materials and we reserve the right to use such uploaded materials in our sole discretion for improvement of the Site, Service and the Applications and all other purposes including commercial purposes.
F.5. Proprietary Material. The Content and all other information, data, text, graphics, images, photographs, audio and video clips, logos, icons, Applications and software appearing on the Service ("Content") are and will remain our property, our suppliers, our agents and our licensors. The logo and figures, among others are the trademarks and/or service marks. These materials may be used solely to the extent necessary for your authorized use of the Service, as provided in these Terms. You may not copy, distribute, prepare derivative works from or otherwise use Content for any public or commercial purpose without our written permission.
F.6. Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are our copyrighted materials, ALL RIGHTS RESERVED, or by the original creator of the material. Permission is granted to display, copy, distribute, and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval. You may not "mirror" any material contained on this Site on any other server without prior written permission. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Hyperskill.
F.7. Trademarks. The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on the Site, the Services and the Applications are registered and unregistered Trademarks. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress, and may not be copied, imitated or used, in whole or in part, without the prior written permission. You acknowledge that the Trademarks used and displayed on the Site, Services and Applications are and shall remain our sole property or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing on the Site, Service or Applications shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, Service or Application without the express written permission. The misuse of the trademarks displayed on this Site, Service or Application or any other content on the Site, Service or Application is strictly prohibited.
F.8. Notification of copyright infringement claims. We respect the intellectual property of others, and we ask our Customers and Users to do the same. Because of the size of our community, we do not and can not verify that Customers have the right to post Customer Feedback. However, we cooperate in removing infringing or unlicensed items once an authorized representative of the rights owner properly reports them to us. If you believe certain Customer Feedback infringes on your copyright, trademark or other intellectual property rights, please provide us with a notice of infringement. G. General Conditions
G.1. Your use of the Service, Site and Applications is at your sole risk. The Service, Site and Applications are provided on an "as is" and "as available" basis.
G.2. Technical support is only provided to Customers paying for the Services or Applications and is only available via email.
G.3. You understand that Hyperskill uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
G.4. You must not modify, adapt or hack the Site or Service or modify another website so as to falsely imply that it is associated with the Service, Hyperskill, or any other Hyperskill service.
G.5. We may, but have no obligation to, remove Customer Feedback and Accounts related to such Customer Feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
G.6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Hyperskill Customer, User, employee, member, or officer may result in immediate Account termination.
G.7. You understand that the technical processing and transmission of the Service, including your personal data and Customer Feedback, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
G.8. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages within the Services or in relation to the Services.
G.9. You must not transmit any worms or viruses or any code of a destructive nature through the Services, Site or Applications.
G.10. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Hyperskill) of other Hyperskill Customers, we reserve the right to immediately disable your Account or throttle your file hosting until you can reduce your bandwidth consumption.
G.11. The failure of Hyperskill to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between you and Hyperskill and govern your use of the Site, Service and Applications, superseding any prior agreements between you and Hyperskill (including, but not limited to, any prior versions of the Terms).
G.12. Questions about these Terms should be sent to email@example.com. H. Disclaimers of Warranty
H.1. We provide the Service, Site and Applications and other products on an "as is" and "as available" basis and without warranty or condition, express or implied. You agree that use of the Service, Site and Applications and products is at Your sole risk. To the extent permitted by law, we expressly disclaim all warranties of any kind, including, but not limited to: (a) the implied warranties of merchantability, fitness for a particular purpose, non-infringement and title; (b) that Service, Site and Applications will be continuous, uninterrupted, timely, secure and/or error-free; (c) as to the quality, identity or reliability of any User and whether you should rely on any information provided by such User; (d) as to the truth, quality, accuracy, or effectiveness of the contents of any message or the quality, safety, effectiveness, conformance or legality of any product or service described or recommended in any message; and (e) no advice or information, whether oral or written, obtained by you from us or through the Service, Site and Applications shall create any warranty not expressly stated in these Terms.
H.2. Hyperskill does not warrant that (i) the Service, Site and Applications will meet your specific requirements, (ii) the Service, Site and Applications will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service, Site and Applications will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service, Site and Applications will be corrected.
H.3. You expressly understand and agree that Hyperskill shall not 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 Hyperskill has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service, Site and Applications; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service, Site and Applications. I. Limitation of Liability
I.1. As a condition of using the Service, Site and Applications and products, and in consideration of the Service, Site and Applications, you agree that we will not be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs, however arising (including negligence), but including those resulting directly or indirectly from, or otherwise arising in connection with: (a) the use of the Service, Site and Applications by you, including but not limited to damages resulting from or arising from your reliance on the Service, Site and Applications, or the mistakes, omissions, interruptions, errors, defects, delays in operation, non-deliveries, misdeliveries, transmissions, eavesdropping, statements or other conduct by third parties, or any failure of performance of the Service, Site and Applications; (b) the content of any message or any product, service, or provider mentioned or recommended therein; (c) the breach, or alleged breach, of any warranty, express or implied, relating to Service, Site and Applications; or (d) government restriction, strikes, war, any natural disaster or force majeure, or any other condition beyond our reasonable control. You agree that we shall not be liable for any damages arising from any interruption, suspension or termination of the Service, Site and Applications. The limitation in this section applies only to the extent permissible by applicable law.
I.2. In any event, Hyperskill's liability to you or any third party is limited to the greater of (a) the amount paid to us by the claimant, and (b) $10.
I.3. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. J. Indemnity
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use of the Site, Services and Applications, each Customer agrees to indemnify, hold harmless, and defend us and each of our respective Affiliates, sub-contractors, licensors, suppliers, agents, and employees against all third party claims, liabilities and damages, including reasonable attorney's fees, incurred or allegedly incurred by or arising out of your breach of these Terms, the content of any Customer Feedback posted by you, and/or your violation of any law or the rights of a third party. K. Modification, Entire Agreement, and Severability
K.1. Modification. These Terms may be supplemented, amended, or modified unilaterally at any time for any reason by us. Any supplement, amendment, or modification of these Terms shall be binding at the time of updating, posting, or otherwise providing public notice on.
K.2. Entire Agreement. These Terms and all other agreements, exhibits, and schedules referred to in these Terms constitute the final, complete, and exclusive agreement between you and Hyperskill pertaining to the subject matter governed by these Terms and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to accept these Terms by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in these Terms.
K.3. Severability. In the event that any provision of these Terms is determined to be invalid or unenforceable, such provision shall be severed from these Terms, and the remainder of these Terms shall continue to be valid and enforceable. L. Miscellaneous Terms
L.1. These Terms shall be interpreted in accordance with the laws of the Czech Republic without regard to its conflicts of law principles. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
L.2. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. At any time upon request by us, you agree to sign a non-electronic version of these Terms.
L.3. The' section headings, bold text, and capitalized text of these Terms are included for convenience only, and shall not limit or otherwise affect the Terms. Last updated: February 19, 2019