Terms of Service
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “Customer,” or “you”) and SkilzMatrix Digital (“Company,” “we,” “us,” or “our”), governing your access to and use of Penquee and any related services (collectively, the “Service”). By accessing or using the Service, you represent that you are at least 18 years old, have the legal authority to enter into these Terms, and agree to be bound by them.
2. Description of Service
Penquee is an AI-intelligent Enterprise Resource Planning (ERP) platform offered by SkilzMatrix Digital. The Service includes workforce management, performance tracking, accounting, CRM, talent acquisition, invoicing, and related AI-powered modules, all subject to the subscription plan selected by the Customer.
3. Accounts and Registration
You must register for an account to access the Service. You agree to (a) provide accurate and complete registration information; (b) maintain the security of your password; (c) promptly update your account information; and (d) accept responsibility for all activities that occur under your account. We reserve the right to terminate accounts that violate these Terms.
4. Subscription and Payment
Access to certain features requires a paid subscription. By subscribing, you authorize us to charge your payment method on a recurring basis in accordance with your selected plan. Fees are non-refundable except as expressly stated in our Refund Policy. We reserve the right to change pricing with 30 days’ written notice.
5. Acceptable Use Policy
You agree not to use the Service to:
- Violate any applicable federal, state, or local laws or regulations
- Transmit any harmful, offensive, or illegal content
- Attempt unauthorized access to any system, network, or data
- Reverse engineer, decompile, or disassemble the Service
- Engage in fraudulent, deceptive, or misleading activity
- Infringe upon the intellectual property rights of any party
- Interfere with or disrupt the integrity or performance of the Service
6. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of SkilzMatrix Digital and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. You retain ownership of all data you submit to the Service.
7. Customer Data
You grant SkilzMatrix Digital a limited, non-exclusive license to process your data solely for the purpose of providing the Service. We will not use your data for any other purpose without your consent. You are responsible for ensuring the accuracy, quality, and legality of all data you submit.
8. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
9. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKILZMATRIX DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless SkilzMatrix Digital and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of your use of the Service, your violation of these Terms, or your infringement of any third-party rights.
12. Termination
We may suspend or terminate your access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the Service ceases immediately. Sections 6, 9, 10, and 11 survive termination.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law provisions. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except either party may seek injunctive relief in any court of competent jurisdiction.
14. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the platform at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.