Terms of Service

Welcome to the Skailer Platform. This Customer subscription Terms of Services (hereinafter “Agreement”) entered into by and between:

The SKAILER platform, (hereinafter “Skailer”, “We” or “Us”) and You (hereinafter “Customer”, “You” or “Your”) and together the “PARTIES”

In these Terms and Conditions, when we refer to "Skailer," we mean DABL Technology Ltd and its affiliated companies. The terms "controlled" and "control" mean the ability to direct the management of the relevant entity.

For avoidance of doubt, the term “Customer” or “You” shall also include employees or other individuals using the services.

Definition of terms

In this Agreement, the following terms are used in the following meanings:

Services (hereinafter “services”) - means the scope of services, that include:

(1) providing the Customer with access to the Skailer Platform (hereinafter “platform”, “software”);

(2) providing the Customer with Technical Support.

The platform - is a comprehensive HRM platform tailored for medium-sized businesses (MBs) that manages employee experience and automates routine tasks. The platform is an HR software-as-a-service (SaaS), a multifunctional HRM platform that includes various functional modules.

The platform is protected by copyrights and intellectual property rights, which are regulated and maintained by the relevant intellectual property and copyright laws.

Authorized Users (hereinafter “Authorized Users”, “Users”) - For the purpose of this Agreement, “Authorized User(s)” means individual(s) for whom: (i) have access to and use of the Services, and/or (ii) Customer is actively processing such personnel information through the Service, including Customer’s employees and authorized persons. Customer must pay the fee equal to the number of Authorized Users.

The Third parties (hereinafter “Third parties”, “Contractors”) - An individual or organization whom Skailer is authorized to enlist as contractors to assist in supporting the Skailer platform, under the condition that a distinct Service Provision Agreement, Non Disclosure Agreement (NDA) and Data Processing Agreement (DPA) is established with them.

Acceptance - Full and voluntary acceptance of the Terms of Service by the Customer through the activation of the Customer's Profile during the registration process on the website https://skailer.com, and the Customer's payment as outlined in this Agreement.

Skailer Policies - In particular, such company policies as Privacy Policy, Cookies Policy, Service Restriction Policy, which are published on the Skailer website and are required to be accepted by the Customer.

Content - Any information and materials that the Customer uploads or publishes on the platform;

Confidential information - Confidential Information, all confidential information which a Party, directly or indirectly discloses, or makes available, to the other Party, including any information which is specifically described as confidential by the disclosing Party and all information whatsoever concerning the business, interests, plans, intentions, clientele, targets, financials, technical information, data, analysis, administrative affairs, personal affairs, operations, processes, policies, know-how, personnel, product or service information, suppliers, distributors, agents, trade secrets, designs, intellectual property (such as trademarks copyrights and patents) and all and any other information reasonably deemed confidential of the disclosing Party.

Data Protection Legislation - Refers to all relevant laws currently in effect within the UK and the EU pertaining to data protection and privacy. This encompasses, among other things, GDPR, UK-GDPR, Data Protection Act 2018 (along with its associated regulations).

1. General

1.1 Skailer commits to delivering services to the Customer, and the Customer agrees to pay the relevant service fee (hereinafter “service fee”, “fee”) and adhere to the platform's usage terms. The cost of the service is determined through negotiations between the Parties, depending on the set of connected modules and the number of the client's users.

1.2 Accessing. By accessing the Skailer platform, you become a "Customer," "Authorized User," "User," or "You." This access implies your complete acceptance of our Terms of Services and Privacy Policy. Full acceptance of these Terms is required for using the Platform.

If you disagree, please do not access or use the Skailer Platform.

(a) The Customer ensures that the individual agreeing to these Terms on their behalf is a legally authorized representative with the necessary legal authority to enter into this Agreement.

2. Payment. Taxes

2.1 Consideration.

2.1.1 Skailer offers a Pricing Plan (as indicated on the website in the Prices section: https://skailer.com/pricing) with varying rates based on (і) the modules included and (іі) the number of Authorized Users connected to those modules on the platform.

(a)The customer can choose a monthly or a yearly subscription Agreement.

(b) Fee adjustments may occur upon subscription renewal.

(c) Fees are non-refundable, and payment obligations are non-cancellable.

(d) The fee will be adjusted as the number of Authorized Users and modules increases.

2.1.2 The Customer agrees to pay for the services by either following the invoice, which will remain valid for a period of 5 business days or by charging your credit card, whereby the Customer authorizes Skailer to make direct debits from the Customer's credit card as the payment is due (in advance for the relevant period).

2.1.3 Payment can be made in Euro or GBP or USD with the currency exchange rate (European Central Bank rate + 3%) being determined based on the date of payment.

2.1.4 Skailer may invoice the price through its affiliated companies and the Customer will be obliged to pay the price to the relevant Skailer affiliated companies.

2.1.5 We can provide a 14-day free trial of our Platform. To get started, you will need to provide your contact address and phone number, accept these terms and the Skailer privacy policy, and then you can customize the platform features you'd like to use as a Customer.

2.2 Taxes. Skailer’s fees are exclusive of any taxes, levies, duties or similar governmental assessments of any nature, other charges, domestic or foreign-imposed by any federal, state, or local tax authority with respect thereto including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with Customer’s purchases hereunder. If Skailer has the legal obligation to pay or collect Taxes for which Customer is responsible under this Agreement , Skailer will invoice Customer and Customer will pay that amount unless Customer provides Skailer with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Skailer is solely responsible for Taxes assessable against it based on its income, property and employees.

2.3 Late Payments. If payment has not been received by Skailer on the date indicated in the Invoice or in the event that funds cannot be debited from the Customer's card in a timely manner, through no fault of Skailer, and without affecting any other rights and legal remedies available to Skailer under this Agreement, Skailer may, without incurring any liability to the Customer: (i) temporarily suspend access to the platform, either specific modules or the entire platform, (ii) Skailer will not be obligated to furnish any or all services until the Customer settles the outstanding debt.

(a) Upon written notice to the Customer, allowing the Customer a 14-day period (following the last day payment was due) to complete full payment as per the invoice.

2.4 Modifications to Terms and Pricing. During the term of these Terms and Conditions, Skailer at any time, reserves the right to modify these terms and pricing, provided they notify the Customer:

(a) For monthly plans: at least 30 calendar days before the new price payment date.

(b) For annual plans: at least 60 calendar days before the new price payment date.

If the Customer disagrees with the new price and informs Skailer before the payment date, these Terms and Conditions will remain unresolved until either notice period (a) or (b) above expires. Afterward, you must stop using the Platform by deleting your account, or we will terminate your access to it.

In case of Agreement termination with an annual prepaid payment plan, Skailer will not refund any amounts already paid for the remaining period of the paid periodic fee by the Customer.

In case of contract termination, Skailer is obligated to return all Client data uploaded to the platform in JSON format within 30 days. The channel for transmitting information to the Client will be agreed upon through negotiations between the Parties.

3. Right to use the services

3.1 Registration. Only registered Customers have the right to use the Services. To access the platform, you should accept this Agreement, the Privacy Policy, provide their full name, valid email address and other information requested by the Skailer.

3.1.1 For registration, the Customer undertakes to provide true and complete information about himself/herself on the issues listed in the registration form and to keep this information up to date. When registering, the Customer indicates the name of his/her company in Latin, which will be used later to access the platform (Example: the name in Latin “Name”, accordingly, the link https://app.skailer.com/signup is provided to the Customer to access the platform).

3.1.2 When registering, the Customer specifies his/her email address, which is subsequently used as a login to access the platform. Also, the Customer independently chooses a personal login (a unique symbolic account name) and a password for accessing the account. Skailer has the right to prohibit the use of certain logins, as well as set requirements for the login and password (number of characters, allowed characters, etc.).

3.2 Password and Secure. The Customer bears full responsibility for the security and resistance to unauthorized access of the password they select. They are also responsible for maintaining the confidentiality of their password.

3.2.1 Each Customer is assigned a unique identifier for accessing the platform. The Customer must ensure that each Authorized User's username is used exclusively within the Customer's business and is not shared with other individuals.

3.2.2 Skailer grants access to the platform solely through the web interface and/or mobile application, in accordance with the terms of this Agreement.

3.2.3 Skailer employs secure authentication and access methods to the platform, including: a) the management of user passwords and their protection through appropriate password management tools; b) the transmission of passwords in an encrypted format.

3.2.4 The Customer holds the responsibility for safeguarding Authorized User usernames, passwords, or other platform-related codes.

3.2.5 The Customer shall promptly report Skailer about any suspected loss of passwords or unauthorized use by individuals not authorized by the Customer to Skailer.

3.3 Access. The Skailer is obliged to provide the Customer with a platform with functionality as described on the website https://skailer.com; (i) You will be granted access to the Platform within 1 (one) business day from the moment we received from you the full payment in accordance with the selected Pricing Plan, as specified in Section 2.1.

3.3.1 The Skailer has the right to temporarily stop the Customer's access to the platform or its individual elements for the purpose of carrying out technical works with prior notice to the Customer of such works, in a reasonable time, at least 24 hours before their commencement in the case of planned works, or without prior notice in the case of carrying out emergency works.

3.4 Software update. The platform undergoes continuous development, granting Skailer the authority to updates the functionality of the platform's modules. These modifications will not alter the core purpose and functionality of said modules, and they are guaranteed not to compromise the product's quality (referring to the software). (i) However, you have the right to decline these services and opt for early termination of the Agreement in any event, in such a scenario, Skailer does not provide refunds of any excess payments made.

3.5 Usage Restrictions. Apart from the rights explicitly detailed in this Agreement, no additional rights or interests are conferred upon the Customer regarding the Services or the solutions that it gains access to. To avoid any ambiguity, the Customer is prohibited from:

(a) Utilize the Services for objectives that deviate from their intended purpose as defined within this Agreement;

(b) Rent, lease, lend, sell, sublicense, assign, distribute, or transfer in whole or in part the right to use the Services or any part thereof;

(c) Bypass or breach any security device or protection used by the Services; (i) input, upload, transmit, or otherwise provide to or through the Services any information or materials that are unlawful or injurious, or that contain, transmit, or activate any harmful code;

(d) Use the Services in any illegal manner or in any way that infringes the right of any third party;

(e) Modify, adapt, edit, alter, abridge, translate, or otherwise change in any manner the content of the Services, nor shall Customer create derivative works from the Services;

(f) Systematically gather any data from the Service (by scraping or otherwise) unless expressly permitted in the Service or granted in writing by Skailer;

(g) Make any attempts to uncover or obtain access to the source code of the software that forms the foundation of the platform. This includes any efforts to reverse engineer, decode, alter, decrypt, extract, disassemble, or decompile said software. Such actions are prohibited, including using them to (i) create a product resembling the Services in terms of ideas, features, functions, or graphics, or (ii) replicate any concepts, features, functions, or graphics of the Services;

(h) Utilize any hardware, software, device, method or technique to consolidate connections or decrease the count of devices or users that directly access or employ the Services (commonly known as 'virtualization,' 'multiplexing,' or 'pooling') with the intention of bypassing any constraints on the authorized use scope specified in this agreement;

(i) Conceal, modify, or delete any copyright notice, trademark, or other proprietary identifier present on, or visible during the operation or use of, the Services;

(j) Endeavour to obtain unauthorized access to, or disrupt the normal operation of, the Services or the underlying software. Specifically, refrain from trying to bypass security measures, licence controls, or other protective mechanisms, or from interfering with, hacking into, or causing disruptions to the Services or software, or any related website, computer system, server, router, or any other internet-connected device;

(k) Furnish false identity information to acquire access to or use the Services;

(l) Fabricate headers or manipulate identifiers with the aim of concealing the source of any Customer Data transmitted through the Services; or

(m) Utilize the Services to: (i) Upload, store, post, transmit, distribute, link to, or in any way make accessible, or advertise or endorse any content that breaches the Intellectual Property Rights or infringes upon data protection, privacy, or other rights of any other individual, is defamatory, violates any contractual obligations or confidentiality obligations, is obscene, sexually explicit, menacing, abusive, harassing, promotes violence or hatred, is blasphemous, discriminatory (based on any criteria), likely to cause distress, fear, or embarrassment, knowingly false or deceptive, or that contravenes any applicable laws and regulations, or is otherwise considered objectionable or prohibited; (ii) Assume the identity of any individual or organization, or in any way misrepresent the Customer's affiliation with any person or entity;(iii) Participate in any fraudulent conduct or advance any fraudulent objectives;(iv) Offer material assistance or resources (or attempt to hide or alter the nature, origin, source, or ownership of such material support or resources) to any entity or entities identified by the government of the United States or any foreign government as a foreign terrorist organization;

(n) Engage in persistent harassment of another individual or collect and store personal data without authorization;

(o) Transmit or disseminate unsolicited or unauthorized advertising, marketing, promotional content, or any form of solicitation, commonly known as spam;

(p) Transmit or distribute any viruses and/or other code containing harmful or destructive components; and/or

(q) Participate in any unlawful activities;

(r) Endeavour to override or bypass any of the usage regulations integrated into the Services. Any unauthorized reproduction, publication, distribution, or public display of Skailer content, whether in part or in full, is strictly prohibited.

3.5.1 Skailer retains the authority to revoke the Customer's access to the platform in cases where the Customer violates any of the conditions specified in clause 3.5.

3.6 Customer Content and Rights to Use Customer Content. When you supply any Personal Data (as outlined in Skailer's Privacy Policy) and/or non-Personal Data, which includes data, information, and materials entered or uploaded to the platform by either the Customer or Authorized User (collectively referred to as "Customer Data"), you, whether acting as the Customer or Authorized User, affirm and assure that you possess full authorization and a legal basis to provide us with any such Customer Data and/or Customer Materials.

4. Privacy and Data Protection

4.1 Collection and Processing of Data; Security. For the purpose of delivering the Services, ensuring their continuous operation, and/or for security measures, Skailer gathers, processes, and retains specific Personal Data. We hold your privacy in high regard and are dedicated to safeguarding the data you entrust to us. We hold the belief that you are entitled to be informed about the information security protocols established by Skailer, which pertain to the data gathered during your account registration and subsequent utilization of the Services.

Additional details regarding our information security measures can be accessed in the “Trust Hub” and in the Data Processing Agreement. These documents are hereby integrated by reference into this Agreement.

4.1.1 The Parties are obliged to adhere to all pertinent laws and regulations concerning data security and privacy. They will collect Personal Data exclusively in a lawful manner. Skailer will implement reasonable measures to safeguard Customer Data, with a level of compliance adhering to ISO 27001 standards and requirements of GDPR.

4.1.2 The Customer affirms that such data has been lawfully acquired and will be furnished or made accessible to Skailer in accordance with all applicable laws and regulations. This includes obtaining all requisite consents or other suitable legal bases, as mandated by relevant data protection laws, from data subjects whose Personal Data is provided or made accessible. This is essential to enable Skailer to deliver the Service and fulfil its obligations as outlined in this Agreement.

4.2. Skailer shall:

(a) Process Personal Data solely in conformity with the terms of this Agreement and the DPA (where applicable and as defined earlier);

(b) Ensure that individuals authorized to process Personal Data have either pledged to maintain confidentiality or are bound by an appropriate legal duty of confidentiality;

(c) Reasonably support the Customer, at the Customer's cost, in the event of the need to collaborate with and respond to inquiries from supervisory authorities, data subjects, or customers. This assistance will involve furnishing information regarding Skailer's procedures for processing Personal Data;

(d) Promptly inform the Customer upon gaining knowledge of any security breach incident concerning the Personal Data of the Customer and its Authorized Users;

(e) Utilize or process Personal Data solely on its systems or facilities to the extent required for the provision of the Services, fulfilment of its commitments under the Agreement, and/or in accordance with our DPA;

(f) Refrain from leasing, selling, or any other form of distribution of Personal Data, except as an integral component of the Service mutually agreed upon by the Parties (excluding in cases of Agreement assignment under its terms and when legally mandated);

(g) Designate a specific point of contact who will be accountable for collaborating with the Customer concerning the handling of Personal Data;

(h) Furnish written reports to the Customer upon request, detailing security measures and responsibilities related to data processing; and

(i) Conduct routine internal and external audits to ensure compliance with ISO 27001 and GDPR standards.

4.3 Customer’s Undertakings. The Customer bears exclusive responsibility for securing all necessary consents and authorizations, as mandated by relevant laws, for the collection, storage, and processing of Personal Data and/or sensitive Personal Data by Skailer in accordance with the Customer's directives.

5. Warranty

5.1. Representations. Skailer guarantees and affirms to the Customer that:

(a) throughout the term of the subscription, the Services will strictly comply with the terms of this Agreement; and

(b) Any support services conducted by Skailer under this Agreement will be executed professionally and competently by personnel possessing the requisite skills, training, and expertise for such services.

6. Indemnity and limitation of liability

6.1. Indemnity of Liability The Skailer is not responsible to the Customer for any damages, any loss of income, profit, information or savings related to the use or inability to use the platform, including in the case of prior notification by the Customer about the possibility of such damages, or any third-party claim, with the exception of liability for breach of confidentiality, security processing of the Customer's data (including storage) and breach of providing Technical Support.

6.1.1 If the Skailer violates the confidentiality conditions, security conditions for processing the Customer's data (including storage), the obligation to compensate the Customer for damages caused by such a violation shall be resolved during negotiations.

6.1.2 Neither Party shall be liable to each other or any other person or entity, whether in contract, tort (including negligence, breach of statutory duty, or other tort) or otherwise for any loss of revenue, business, anticipated savings or profits, or for any indirect, special or consequential loss, damage, costs, or other claims, howsoever caused or arising.

6.2 Customer responsibility. Customer hereby agrees to indemnify, defend and hold the Skailer and its Affiliates, officers, directors, agents, and employees from and against any and all costs, damages, expenses (including reasonable attorneys’ fee), judgments, losses and other liabilities (including amounts paid in settlement) (“Liabilities”) incurred as a result of any third-party action, claim, demand, proceeding or suit (“Claim”) to the extent arising from or in connection with

(a) Customer’s access or use of the platform and/or Services in violation of this Agreement,

(b) Content or Data provided by the Customer,

(c) Customer’s violation of any third party right.

6.3 Skailer responsibility. The Skailer hereby agrees to indemnify, defend and hold the Customer and its Affiliates, officers, directors and employees harmless from any liability arising from or in connection with the Skailer's breach of (i) the confidentiality provisions of this Agreement; (ii) Data processing security (in the event of unauthorised data breaches from the Customer's account);

6.3.1 Notwithstanding above, in no event shall the Skailer have any liability resulting from any Third Party Claim incurred because the use of the platform and/or Services under this Agreement breaches such Third Party's intellectual property rights due to (i) use of the platform and/or Services in a modified form or in combination with materials or software not provided by the Skailer and (ii) any Content, information or Data provided by the Customer, the Customer's users or other third parties.

6.4 Mutual responsibility.

(a) Promptly notify the other Party in written form (in case of notification to Skailer at [email protected]).

(b) Grant the indemnifying Party exclusive control over the defence of the Claim and all negotiations for potential compromise or settlement (provided that if any settlement necessitates action or admission by the indemnified Party, the settlement will require the prior consent of the indemnified Party).

(c) Offer the indemnifying Party all reasonable cooperation, information, and assistance concerning the Claim. However, it should be noted that the failure of the indemnified Party to promptly report a Claim, provide such exclusive control, and/or supply the required cooperation, information, and assistance shall not release the indemnifying Party from its responsibilities as outlined in this section, unless such failure materially prejudices the indemnifying Party. The indemnified Party may engage its own legal counsel at its own expense.

7. Confidentiality

7.1. Each Party hereby warrants and undertakes to the other Party that it shall keep the Confidential Information keeping it undisclosed and secret and shall not, directly or indirectly, use, exploit or disclose the Confidential Information to third parties, except where expressly permitted by this Agreement.

7.1.1 No restriction applies in connection to Confidential Information:

(a) Which was already known to the recipient Party prior to its communication by the disclosing Party;

(b) Is or becomes in the public domain, except by reason of breach of this Agreement by the recipient Party; or

(c) To the extent disclosure is required by applicable law, an order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body of competent jurisdiction, provided that the recipient Party shall, to the extent permitted by applicable law, give the disclosing Party as much notice of such disclosure as possible.

8. Termination

8.1 For Agreements with a monthly subscription, the initial term is one month. Afterward, the Agreement will automatically renew monthly unless either party terminates it.

8.2 For Agreements with an annual subscription, the initial term is one year. Afterward, the Agreement will automatically renew annually unless either party terminates it.

8.3 Both parties retain the right to terminate the Agreement for a valid reason.

8.3.1 In the event of the impossibility of further provision of the service, the Service Provider is obliged to notify the Client of the intention to terminate this Agreement, within a reasonable time but not earlier than 30 calendar days before the date of such termination.

8.3.2 The Customer may terminate this Agreement unilaterally by deleting the account and deleting the content. In this case, the funds paid for future periods of use will not be returned to the Customer.

8.4 Notice. Notice of termination must be given in writing as set forth in Section 11.2. All licenses and rights granted under the Agreement will be terminated immediately.

9. Data storage

9.1 We will retain your personal data only for as long as necessary to fulfil the purposes for which it was collected and in accordance with applicable laws. The specific storage period for your personal data may vary depending on the context and the type of data collected.

9.1.1 In general, we will store your personal data for as long as you maintain an active account with us or for as long as necessary to provide you with the services you have requested. If you choose to close your account or if your account becomes inactive, we may still retain your personal data for a limited period of time as required by law or for legitimate business purposes.

9.1.2 After the expiration of the storage period, your personal data will be securely deleted. Please note that certain data may be retained for a longer period if it is necessary to comply with legal obligations, resolve disputes, enforce our agreements, or for other lawful purposes, including accounting or tax obligations.

9.1.3 Otherwise, you can contact Skailer at [email protected] with a written request to delete your personal data that we store. We will review your request and respond with further steps within a reasonable time and without undue delay.

9.1.4 Detailed information for storing your personal data are outlined in the Privacy Policy.

9.2. Skailer cannot unilaterally change the terms of a contract that is under a prepaid plan, whether it be annual, quarterly, or monthly contracts. At the time of contract renewal, new contract prices are set through negotiations between the Parties, taking into account the number of the client's users, connected modules, and potential increases in platform support costs

10. Miscellaneous

10.1 Assignment: The Customer is prohibited from assigning or transferring any of its rights or responsibilities under this Agreement, unless explicitly allowed in this Agreement or with prior written consent from Skailer (shall be drafted as a separate document and signed by both parties).

10.2 Notices: All notices, requests, demands and other notices under this Agreement must be made in writing in English and carried out by the Parties by email to the address [email protected].

10.3 Amendments. Skailer retains the unilateral right to revise or modify this Agreement when deemed necessary. The Customer acknowledges and concurs that their ongoing utilization of the services under this Agreement following the effective date of any amendments signifies their acceptance of the revised Agreement.

(і) Should the Customer disagree with the proposed amendments to the Agreement, they have the option to terminate this Agreement in accordance with Clause 9.3.2.

11. Technical support

Skailer provides Technical Support to the Customer, and fee for Technical Services are included in service fee. The following terms shall have the following meanings:

11.1 Definitions

11.1.1. “Business Hours” means: 10 a.m. to 6 p.m. CET ( UTC+2 winter and UTC+3 in summer time), Monday-Friday, excluding local national holidays.

11.1.2. “Excess Downtime” refers to any instances when the Service is unavailable to the Customer, excluding periods of Permitted Occurrences.

11.1.3. “Non-Business Hours” means all hours that are not Business Hours.

11.1.4. “Permitted Occurrences” means: (a) scheduled downtime; (b) Service termination due to breach of the Agreement by Customer; (c) disruptions caused by Customer or Authorized Users, whether accidental or intentional; (d) interruptions resulting from delays or disruptions in telecommunications, either from Customer or external third-party services beyond Skailer's control; (e) failures due to events or conditions beyond Skailer's control, such as governmental actions, war, sabotage, terrorism, embargoes, natural disasters, strikes, third-party negligence, or service provider failures; (f) data feed inaccuracies or errors provided by the Customer; (g) Customer's failure to establish adequate interfaces for Service receipt, where applicable; or (h) emergency maintenance, provided that prior notice, including via email, was given to the Customer.

11.1.5. “Problem” it refers to a flaw in the availability or operation of a function or component of the Service that was functioning correctly initially.

11.1.6. “Service Availability” this term denotes any period (while the Customer has active access to the Platform) when there is no Excess Downtime, measured on an annual basis.

11.1.7. “Workaround” means a temporary or incomplete solution, employed as a temporary measure to promptly address a problem, which will eventually be substituted with a more complete solution in the future.

11.2. Support Services

Skailer staff will be accessible to address inquiries and provide assistance in resolving any issues that may arise during the routine operation of the Service. Support will be accessible during regular business hours, and you can contact the team at [email protected]. Furthermore, an online support tool will be at the Customer's disposal as part of the Service.

11.3. Problem Categories and Response Times Table

The actions described in the Problem Categories and Response Times constitute the Customer's exclusive and ultimate recourse in this matter.

11.3.1 Critical problem is mean Platform is inoperable or not functioning:

An accident that has resulted in the disruption of the basic functionality of the software; Workarounds are not available. Response Time to Customer 2 hour, Response Time for bug fix up to 8 operational hours.

11.3.2 Medium problem mean An accident that led to a violation of the main functionality of the software:

Production is proceeding but in an impaired fashion. Workarounds are available. Response Time to Customer 4 hour, Response Time for bug fix up to 24 operational hours.

11.3.3 Low mean Errors that do not significantly affect the functionality or performance of the software such as product enhancements, usage questions, cosmetics, etc. Response Time to Customer up to 10 business days, Response Time for bug fix up to 30 business days.

11.4. Service Availability

11.4.1 Skailer aims to Service availability rate of 99.5%. If the availability level drops below the target, clients can be notified. If the service level drops below 94%, the client can expect a discount of up to 10% upon renewal.

11.4.2 It is important to note and agree that the Service will not be accessible during scheduled maintenance. Whenever reasonably possible, scheduled maintenance will be conducted during Non-Business Hours.

11.4.3 The responsibility for requesting Service Availability discount lies with the Customer and should be done before the Service renewal

11.4.4 Skailer creates backup copies of data once a day when restoring the service from a backup, data loss is possible for the period before the creation of the last backup.

11.4.5 These foregoing actions mentioned above will be the Customer's ultimate and exclusive remedy in this respect.

11.5. Force Majeure Event

In the event of force majeure events, Skailer may be exempted from any obligation or delay in fulfilling its commitments. These force majeure events include, but are not limited to:

Natural disasters (e.g., floods, earthquakes, hurricanes)

Warfare, hostilities, acts of terrorism, or civil disturbances

Governmental actions, such as regulatory changes, embargoes, or prohibitions

Strikes, labor disputes, or lockouts

Epidemics or pandemics

During the Force Majeure period, Skailers's obligations under these Terms can be temporarily suspended, and Skailer shall not be considered to be in violation of these Terms for the duration of the Force Majeure event.

Skailer reserves the right to unilaterally change or modify the terms and conditions set forth herein, if it deems it necessary

Last updated on: 25th July 2024