Last updated: November 11th, 2023
This Terms of Service (the "Terms") constitute a legal agreement that delineates your rights and obligations, and those of 50skills ehf, a company registered in Iceland, ID 490402-4110 ("50skills", “Journeys”, "Company", "we", "us", or "our"), in relation to the 50skills Journeys (the "Solution" or "Website") and our web applications or other services (the "Services") offered by 50skills through it.
1. Introduction and Acceptance of Terms
Welcome to Journeys by 50skills, a comprehensive automation platform designed to enhance employee experiences and productivity in various organizational processes. These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications offered by 50skills (collectively, the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
By accessing or using the Service, you agree to be bound by these Terms and the Data Processing Agreement (DPA), which is an integral part of these Terms. The DPA is accessible at https://www.50skills.com/dpa-journeys. Acceptance of these Terms occurs upon your signing up for an account, purchasing a subscription, or otherwise using the Service. This acceptance also applies to any updated or amended versions of the Terms or DPA, unless explicitly agreed otherwise.
1.1. Service Description
This agreement grants the customer access to 50skills Journeys, a Software as a Service (SaaS) solution for creating employee journeys. These journeys, comprising workflows with one or more actions, can include existing employees or other individuals. Customers can create, read, update, and delete journeys within the system. Additionally, customers may opt to purchase extra services, with costs determined on an hourly basis, via a pricing table, or through other agreed terms.
2. User Eligibility and Registration
2.1 Eligibility
Any individual or entity can purchase a subscription for 50skills Journeys, with the pricing and subscription options detailed on our pricing page at 50skills.com/pricing provided they are at least 18 years of age. The purchaser must represent a legitimate company or institution and provide the entity name and, optionally, a website during the subscription process. Additionally, customers can request a pricing quote from our team for bulk purchases or other special arrangements, which can be facilitated through direct contact with our team.
2.2 Registration
To purchase a subscription, you are required to provide your full name, email address, physical address, and payment details, which may vary based on your location. Payment can be made via credit card or by requesting a bank transfer. Once a subscription is purchased, the buyer will get access to Journeys and can invite other members of their team or company to use the Service. Invited individuals will then need to accept the invitation, create an account, and provide additional information such as their full name and phone number to complete the registration process. Additionally, before completing registration, all users must accept these terms and conditions.
3. Account Management and Security
3.1 Account Creation and Management
Upon accepting an invitation to use the Service, individuals will need to create a password for their account. It's the user's responsibility to keep their password confidential and follow best practices for password security.
3.2 Security Measures
Certain plans may offer additional security features such as Two-Factor Authentication (2FA) and Single Sign-On (SSO) to enhance account security.
3.3 Account Recovery and Unauthorized Access
In the event of lost access to an account or suspected unauthorized access, the individual or the person responsible for the subscription should contact the 50skills support team via our website or by emailing help@50skills.com. Procedures for account recovery and addressing unauthorized access will be handled according to the details provided by the account holder and the prevailing circumstances.
4. Usage Restrictions
4.1 Prohibited Activities
Users are prohibited from engaging in activities that:
4.2 Data Upload Restrictions
Some file formats may not be accepted on the platform for security reasons. Restrictions on the type or size of data that can be uploaded or shared on the platform may apply and, in some cases, can be configured by the user.
5. Intellectual Property Rights
5.1 User Content Ownership
Users retain ownership rights over the content they upload to the platform. In cases where individual users request access or deletion of data, the account holder (the buyer) will decide on the action to take, with 50skills complying with applicable laws such as the General Data Protection Regulation (GDPR) or local governing laws, whichever holds higher rank.
5.2 Third-Party Intellectual Property
Users are responsible for ensuring they have the necessary rights to integrate third-party services with 50skills and should adhere to the terms of service of those third-party services. 50skills is not responsible for any violation of third-party intellectual property rights arising from user integrations.
6. Third-Party Integrations
6.1 Integration Management
50skills provides an Application Programming Interface (API) and an integration builder to facilitate integrations with third-party services. Users are responsible for managing their integrations, ensuring they comply with the terms and conditions of the third-party services, and have the necessary permissions to create, post, or retrieve information from these services.
6.2 Responsibility
50skills is not responsible for the performance, accuracy, or content of third-party integrations. Users should ensure their integrations comply with all applicable laws, regulations, and the terms of this agreement.
7. Data Privacy and Protection
50skills is committed to safeguarding user data, adhering to industry-leading standards for data privacy and protection. Our practices concerning the collection, usage, and protection of user data are transparent and designed to uphold the integrity and confidentiality of user information. Users can find comprehensive information regarding our product, data privacy and protection measures on our website or by contacting our support team.
8. Service Availability and Performance
We strive to maintain a high level of service availability and performance. However, there may be instances where the service may be interrupted for maintenance, upgrades, or other reasons. 50skills will make reasonable efforts to notify users in advance of any scheduled downtime.
9. Payments and Invoicing
9.1 Payment Processing
Payments for the Service can be made via credit card or by requesting a bank transfer. All payment information should be accurate and up-to-date.
9.2. Payment terms
Subscription starts either when a customer pays for their subscription or signs a subscription agreement, whichever happens first. Payment terms are based on the choice made by the customer either on our pricing page (50skills.com/pricing) or through a quote provided and approved by a 50skills representative. The selected package will outline the monthly fee, monthly journey starts, and any extra services. If the included allowances are exceeded, an adjustment in the plan may be made to better match the customer’s usage, possibly changing the monthly fee. All payments are due 12 days from the invoice date.
For customers on a monthly plan, billing is on a monthly basis, with automatic renewals happening one month after purchase or on the last day of the month if one month goes beyond the month after purchase. They may cancel their subscription before the automatic renewal at the start of the next month.
Customers on an annual prepaid plan are billed annually, with automatic renewals occurring 12 months after purchase or on the last day of the month if 12 months go beyond the month after purchase. Cancellation of the upcoming annual renewal can be done by giving notice one month before the renewal date.
Due to increasing operational costs and enhancements to our solution, 50skills reserves the right to raise pricing for existing customers at the beginning of each year by up to 7 percent without notification. If the price increase is more than seven percent, a notice will be sent out before the next renewal date of the current licensing term.
9.3 Invoicing
50skills reserves the right to issue invoices either from its subsidiary, 50skills Inc., or directly from 50skills ehf., based on the geographical location and payment method of the customer. This arrangement is intended to provide a variety of seamless payment options from 50skills to its customers, catering to their specific needs and preferences. When customers procure 50skills services online via credit cards or request a bank transfer, the designated invoicing entity will be determined accordingly to ensure a smooth transaction process.
10. Modifications to Terms and Services
50skills may modify these Terms or the Services provided at any time. Users will be notified of any significant changes to the Terms or Services, and continued use of the Service after such modifications constitutes acceptance of the modified Terms and Services.
11. Termination
50skills may terminate your Account, access to, and/or use of all or any part of the Services in the event of a breach of these Terms, a request by the account holder (the buyer), or due to security concerns or policy reasons. Such termination may result in the deletion of your User Content associated with your Account from our databases. If you, as the account holder, wish to terminate your Account, you may do so by following the instructions through your Account settings or by contacting 50skills at help@50skills.com with a written request. Any termination conducted by either party will be carried out in a manner that complies with relevant legal and regulatory guidelines, ensuring a transparent and accountable process.
12. Dispute Resolution
Any disputes arising out of or related to these Terms or the Services provided will be resolved in accordance with the laws of the jurisdiction in which the account holder is located.
13. Limitation of Liability and Indemnification
Users agree to indemnify and hold harmless 50skills, its affiliates, and their respective directors, officers, and employees from any claims or damages arising out of the use of the Service or violation of these Terms.
50skills guarantees adherence to good development practices. Liability for damages is limited to the total payment received in the last six months before the loss occurred, excluding cases of gross negligence or intention by 50skills.
14. Contact Information
Should you have any concerns, questions, or require support, you may contact our support team through our website or via email at help@50skills.com. For larger enterprise accounts, certain plans provide designated account managers, ensuring a direct contact for support and streamlined account management.
15. Security and Hosting
15.1. 50skills guarantees that all stored information from users and people is stored in a computer system that meets stringent security requirements, providing security through firewalls, encryption and access control.
15.2. The 50skills Journey solution is hosted in the cloud and operated by Heroku (Heroku.com). Heroku’s physical infrastructure is hosted and managed within Amazon’s secure data centers and utilize the Amazon Web Service (AWS) technology. 50skills Journeys is hosted in the AWS data center located in Ireland. Amazon continually manages risk and undergoes recurring assessments to ensure compliance with industry standards. Amazon’s data center operations have been accredited under: The operations of AWS data centers are certified according to ISO 27001, SOC 1, SOC 2 / SSAE 16 / ISAE 3402 (formerly SAS 70 Type II), PCI Level 1, FISMA Moderate and Sarbanes-Oxley (SOX).
16. Privacy and Data Processing
16.1. 50skills warrants to keep the storage and processing of personally identifiable information in accordance with Act no. 90/2018 on privacy and handling of personal information.
16.2. The vendor undertakes to store and handle personally identifiable information within the provided software platform in accordance with the EU's General Data Protection Regulation (GDPR).
17. Beta Access Disclaimer
Technology changes fast, and we want to keep our services up-to-date. During Beta Access Mode, the software may undergo development, updates, and experience downtime. Any changes during this period will not affect the financial terms of the subscription.
18. Marketing
Both parties have the right to disclose the business relationship in promotional materials. Customers can publicize the purchase of our services, and we may announce our provision of services to customers, unless either party communicates a written request to the other, indicating that such disclosure is not permitted.
19. Copyright
These terms do not entail the transfer of copyright or any other intangible rights or assets from one Party to another.
20. Dispute Resolution
Disputes arising from this agreement will be resolved in the District Court of Reykjavík.