DeFi Skills - Terms of Services
This Terms of Services was last updated on April 12, 2022
Thank you for joining our innovative online DeFi learning platform. We are DeFi Skills with the website address https://defiskills.io/, holded and controlled by Daniil Maslov, 16 Zaikina, Zelenodolsk, Russia (“DeFi Skills”, “we”, “us”, “our”). Our mission is to improve your knowledge about DeFi. We enable anyone to create and share educational content (“educational content providers”) and to access that educational content to learn (students). To make everyone`s life easier, we need rules to keep our platform and services safe for you, us, and our student and instructor community. This Terms of Services apply to all your activities on the DeFi Skills and/or related services (the “Services”).
We also provide details regarding our processing of personal data of our students in our Privacy Policy. By using the Services, you agree to the terms of this Terms of Services. You shouldn’t use the Services if you don’t agree with this Terms of Services or any other agreement that governs your use of the Services.
1. Accounts
You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting us at contact@defiskills.io. You must have reached the age of consent for online services in your country to use DeFi Skills.
You need an account for most activities on our platform, including to access content. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and DeFi Skills will not intervene in disputes between students or educational content providers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us. We may request some information from you to confirm that you are indeed the owner of your account.
Students and educational content providers must be at least 18 years of age to create an account on DeFi Skills and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create a DeFi Skills account.
For the avoidance of doubt, please be informed that you can use only one of your accounts to receive an NFT Certificate given as the result of your successful course furnishing. After the repsective coutse`s exam your account will be identified. If fake accounts are noticed, the entire tree of referrals participating in it will be disabled with all the rewards.
2. Content Enrollment and Lifetime Access
When you enroll in a course or other content, you get a license from us to view it via the DeFi Skills and no other use. Don’t try to transfer or resell content in any way. We generally grant you a lifetime access license, except when we must disable the content because of legal or policy reasons or for enrollments.
As a student, when you enroll in a course or other content, you are granted with the permission from DeFi Skills to view the content via the DeFi Skills platform and Services. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).
In legal, more complete terms, DeFi Skills grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content, solely for your personal, non-commercial, educational purposes through the Services, in accordance with this Terms of Services and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a DeFi Skills authorized representative.
We generally give a lifetime access license to our students when they enroll in a course or other content. However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the course or other content you enrolled in is the object of a copyright complaint. This lifetime access license does not apply to add-on features and services associated with the course or other content you enroll in. For example, educational content providers may decide at any time to no longer provide teaching assistance or Q&A services in association with the content. To be clear, the lifetime access is to the course content but not to the instructor.
educational content providers may not grant licenses to their content to students directly, and any such direct license shall be null and void and a violation of this Terms of Services.
3. Content and Behavior Rules
You can only use DeFi Skills for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a student, the Services enable you to ask questions to the educational content providers of courses or other content you are enrolled in, and to post reviews of content. For certain content, the instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
If we are put on notice that some of our course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that some of our content or behavior violates the legislative provisions, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove the content from our platform. DeFi Skills complies with copyright laws.
We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of this Terms of Services, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
If a user has published content that infringes your copyright or trademark rights, please let us know.
4. DeFi.Skill’s Rights to Content You Post
You retain ownership of content you post to our platform, including your courses (if applicable). We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow DeFi Skills to reuse and share it but you do not lose any ownership rights you may have over your content.
When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize DeFi Skills to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with DeFi Skills for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
5. eUSDC & NFT Certificate
Within DeFi Skills we implemented one special tool called “educational Universal Smart Digital Counter” (eUSDC). Considering the specific of educational programs within DeFi Skills, we`ve decided eUSDC would be ideal to have the status of education token. Thus, in no way eUSDC should be treated or considered as cryptocurrency or any other means of payment. eUSDC is solely a tool used within DeFi Skills.
Basically, eUSDC is an internal DeFi Skills token that is possible to use only within DeFi Skills platform: to vote within DeFi Skills` poles, to participate in other programs (if applicable), etc. eUSDC gives its holder the ability to obtain access to other educational programs within DeFi Skills and using eUSDC we may form users` ratings within DeFi Skills platform.
After successful completion of any education course within DeFi Skills platform, you should receive an NFT Certificate, which shall indicate the information about the course you completed and your success. You are free to use such NFT Certificate however you wish: to confirm your knowledge of a particular topic, to be able to vote/participate on any external DAO by proving your knowledge and credibility as a valuable participant, etc.
6. Using DeFi Skills at Your Own Risk
Anyone can use DeFi Skills to create and publish content and we enable educational content providers and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use DeFi Skills at your own risk.
Our platform model means we do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise any editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by an instructor at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. DeFi Skills has no responsibility to keep such content from you and no liability for your access or enrollment in any course or other content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.
When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information educational content providers may request from students, we do not control what students and educational content providers do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ educational content providers nor are we responsible or liable for any interactions involved between educational content providers and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of educational content providers or students.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
And finally, DeFi Skills is currently in the testing mode, which means that everything you see, use and accept within DeFi Skills is done solely on your own risk, and DeFi Skills do not hold any responsibilities for your actions within DeFi Skills and for any bugs, errors & defects DeFi Skills might have.
7. DeFi Skills` Rights
We own the DeFi Skills platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.
All right, title, and interest in and to the DeFi Skills platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by educational content providers and students) are and will remain the exclusive property of DeFi Skills and its licensors. Our platforms and services are protected by copyright, trademark, and other laws. Nothing gives you a right to use the DeFi Skills name or any of the DeFi Skills trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding DeFi Skills or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the DeFi Skills platform and Services:
- access, tamper with, or use non-public areas of the platform (including content storage), DeFi Skills’ computer systems, or the technical delivery systems of DeFi Skills` service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the DeFi Skills platform or Services.
- access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as DeFi Skills); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
8. Miscellaneous Legal Terms
8.1. Binding Agreement
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with DeFi Skills. If you do not agree to this Terms of Services, do not register, access, or otherwise use any of our Services.
If you are an instructor accepting this Terms of Services and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
This Terms of Services (including any agreements and policies linked from this Terms of Services) constitute the entire agreement between you and us.
If any part of this Terms of Services is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Terms of Services will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under this Terms of Services, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of this Terms of Services: Sections 2 (Content Enrollment and Lifetime Access), 4 (DeFi Skills` Rights to Content You Post), 5 (Using DeFi Skills at Your Own Risk), 6 (DeFi Skills` Rights), 7 (Miscellaneous Legal Terms), and 8 (Dispute Resolution).
8.2. Disclaimers
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our educational content providers is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will DeFi Skills or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
8.3. Disclaimers
Limitation of Liability
There are risks inherent to using our Services. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one US dollar (USD 1). Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
8.4. Indemnification
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless DeFi Skills, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of this Terms of Services, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of this Terms of Services and your use of the Services.
8.5. Governing Law and Jurisdiction
The law governing this Terms of Services is the law of the Cayman Islands.
8.6. Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Terms of Services may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to contact@defiskills.io).
8.7. Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
8.8. No Assignment
You may not assign or transfer this Terms of Services (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign this Terms of Services (or the rights and licenses granted under them) to another company or person without restriction. Nothing in this Terms of Services confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under this Terms of Services terminate upon your death.
8.9. Sanctions and Export Laws
DeFi Skills is an educational platform, which, among other things, operates with eUSDC & NFT Certificates as described herein. Neither eUSDC or NFT Certificate are used as an economic instrument of any kind. Consequently, we do allow any user from any point of the world to access DeFi Skills and use all of its possibilities and instruments, including eUSDC and NFT Certificate, with the educational purpose only. Still, at the same time, DeFi skills keenly follow every aspect and update within U.S., UK, EU sanctions. Moreover, DeFi Skills highly respects OFAC`s goals and objectives, putting them as part of DeFi`s Skills compliance measures, among other things. In addition, in any case, DeFi Skills reserves the right, following its compliance measures and principles, to audit and block any of its users when the case may so require.
If you become subject to such a restriction during the term of any agreement with DeFi Skills, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to DeFi Skills).
You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
9. Dispute Resolution
If there’s a dispute, our Support Team is happy to help resolve the issue.
9.1. Binding Arbitration.
Except for disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights,trademarks, trade names, logos, trade secrets or patents, we together with you: (a) waive the right to have any and all disputes or claims arising from this Terms of Services, your use or access to the Services or any other disputes with us (collectively, “Disputes”) resolved in a court; and (b) waive any right to a jury trial. Instead, you and us agree to arbitrate Disputes that are not resolved informally (as described below) through binding arbitration (i.e. the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it) instead of having the Dispute decided by a judge or jury in court).
9.2. No Class Arbitrations, Class Actions or Representative Actions.
We both agree that any dispute is personal to you and DeFi Skills and that any such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. Neither of us agrees to class arbitration or to an arbitration in which an individual attempt to resolve a dispute as a representative of another individual or group of individuals. Further, you and DeFi Skills agree that a dispute cannot be brought as a class, or other types of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
9.3. Process.
You and DeFi Skills agree that each will notify the other, in writing, of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to DeFi Skills shall be provided by sending an email to contact@defiskills.io. Your notice must include (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific action that you are seeking. If you and DeFi Skills cannot resolve the Dispute within thirty (30) days of DeFi Skills receiving the notice, either you or DeFi Skills may, as appropriate pursuant to this Section 8, commence an arbitration proceeding. You and DeFi Skills agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and DeFi Skills agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).
9.4. Choice of Arbitration.
Any Dispute under this Terms of Services shall be finally settled by Binding Arbitration (as defined below). Any unresolved Dispute arising out of or in connection with this Terms of Services shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (LCIA), which rules are deemed to be incorporated by reference into this Section 9 to the extent they are consistent with it. Any dispute arising from or relating to the subject matter of this Terms of Services shall be finally settled in London, United Kingdom, in English, in accordance with the LCIA Arbitration Rules. Unless we agree otherwise, the arbitrator may not consolidate your claims with those of any other party. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction, to the extent a court therein would be deemed to be a court of competent jurisdiction other than any court located in the United States of America.
9.5. Authority of Arbitrator.
As limited by this Terms of Services and applicable arbitration rules, the arbitrator will have: (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute; and (b) the authority to grant any remedy that would otherwise be available in court. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual`s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
10. Updating This Terms of Services
From time to time, we may update this Terms of Services to clarify our practices or to reflect new or different practices (such as when we add new features), and DeFi Skills reserves the right in its sole discretion to modify and/or make changes to this Terms of Services at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms of Services shall supersede all previous Terms of Services.
11. How to Contact Us
The best way to get in touch with us is to contact us at contact@defiskills.io. We’d love to hear your questions, concerns, and feedback about our Services.
Thanks for teaching and learning with us!