These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and Akam Innovations Private Limited, operating the SkillMetric platform (“Company”, “SkillMetric”, “we”, “us”, or “our”). By accessing, registering, browsing, or using the SkillMetric website, mobile application, or any related services, you expressly acknowledge that you have read, understood, and agreed to be bound by these Terms, the Privacy Policy, and all applicable policies referenced herein.
If you do not agree with these Terms in whole or in part, you must immediately discontinue access to and use of the Platform. Continued use of the Platform constitutes unconditional acceptance of these Terms.
Nature of Services and No Guarantee
SkillMetric provides educational, analytical, assessment-based, and informational services intended to assist users in learning and self-evaluation. All content, tools, analytics, assessments, recommendations, rankings, scores, and performance indicators provided on the Platform are offered strictly on an “as is” and “as available” basis.
SkillMetric does not guarantee accuracy, completeness, usefulness, outcomes, rankings, scores, examination results, selection, success, or improvement of performance. Use of the Platform does not create any assurance, entitlement, or expectation of academic, professional, competitive, or examination success. The User acknowledges that outcomes depend on multiple factors beyond SkillMetric's control.
User Responsibility and Assumption of Risk
The User agrees that access to and use of the Platform is entirely at the User's own discretion and risk. The User is solely responsible for ensuring that the services meet their personal requirements and expectations. SkillMetric shall not be responsible for any decisions, actions, or outcomes taken by the User based on Platform content or analytics.
The User is responsible for maintaining confidentiality of login credentials and for all activities conducted through their account. Any unauthorised use shall be deemed to have occurred with the User's consent unless reported immediately.
Data, Privacy, and Consent
By using the Platform, the User expressly consents to the collection, processing, storage, use, and disclosure of personal data in accordance with the Privacy Policy. The User acknowledges that data processing is an integral and essential part of Platform functionality and agrees that withdrawal of consent may result in suspension or termination of access without any liability on SkillMetric.
The User waives any claim arising from lawful processing of personal data carried out in compliance with applicable Indian law.
Intellectual Property Rights
All content on the Platform, including but not limited to text, videos, assessments, algorithms, analytics models, dashboards, graphics, logos, trademarks, software code, and design elements, are the exclusive intellectual property of SkillMetric or its licensors. No right, title, or interest is transferred to the User.
Users are granted a limited, non-exclusive, non-transferable, revocable licence to access the Platform strictly for personal, non-commercial use. Any unauthorised copying, reproduction, redistribution, resale, reverse engineering, or commercial exploitation is strictly prohibited.
Prohibited Conduct
Users agree not to misuse the Platform, attempt to gain unauthorised access, interfere with security mechanisms, upload malicious code, misuse content, impersonate others, manipulate assessments, or engage in any activity that may harm the Platform, its users, or the Company.
SkillMetric reserves the absolute right to suspend or terminate access without notice if such conduct is suspected.
Limitation of Liability
To the maximum extent permitted by law, SkillMetric, its directors, officers, employees, affiliates, partners, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of data, loss of opportunity, loss of reputation, emotional distress, loss of profits, or business interruption, arising out of or related to the use or inability to use the Platform.
The User expressly agrees that SkillMetric shall not be liable for any claims arising from system downtime, technical errors, data loss, inaccuracies, third-party integrations, cyber incidents, or service interruptions.
Where liability cannot be excluded under Indian law, SkillMetric's liability, if any, shall be strictly limited to the minimum extent mandated by statute and shall not exceed the amount actually paid by the User for the specific service giving rise to the claim.
Indemnity
The User agrees to indemnify, defend, and hold harmless SkillMetric, its directors, officers, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising out of the User's use of the Platform, violation of these Terms, violation of applicable law, or infringement of any third-party rights.
Suspension and Termination
SkillMetric reserves the unilateral right to suspend, restrict, or terminate user access at any time, with or without notice, for operational, legal, security, or business reasons. Termination shall not affect rights accrued to SkillMetric prior to termination.
Users shall not be entitled to any refund, compensation, or damages upon suspension or termination unless expressly required by law.
No Waiver
Failure by SkillMetric to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
Governing Law and Jurisdiction
These Terms shall be governed exclusively by the laws of India. The courts located in Tamil Nadu shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, the Platform, or the Privacy Policy.
Modification of Terms
SkillMetric reserves the right to modify these Terms at any time. Updated Terms shall be effective upon publication on the Platform. Continued use after such modification constitutes acceptance of the revised Terms.
Contact
For legal queries or concerns related to these Terms, contact: info@skillmetric.ai