Terms of Service

Opsgility LLC — Effective Date: May 1, 2025 — Last Updated: May 1, 2025

These Terms of Service ("Terms") govern your access to and use of the SkillMeUp.ai platform and all related services (collectively, the "Service") operated by Opsgility LLC ("Opsgility," "we," "us," or "our"). By creating an account or using the Service you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

1. Eligibility

You must be at least 18 years of age and capable of entering into a legally binding contract to use the Service. By agreeing to these Terms you represent that you meet these requirements. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate, current, and complete information during registration and keep your account information updated. You must notify us immediately at support@skillmeup.ai of any unauthorized use of your account. We reserve the right to terminate accounts that contain inaccurate information or that we reasonably believe have been compromised.

3. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

  • Use the Service to violate any applicable local, state, national, or international law or regulation.
  • Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service.
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service.
  • Use automated means (bots, scrapers, crawlers, or similar tools) to access, collect, or copy content from the Service without our prior written consent.
  • Share, resell, sublicense, or otherwise transfer access to the Service or lab environments to third parties.
  • Use lab environments or cloud resources provisioned through the Service for any purpose other than learning and completing the associated training exercises.
  • Use lab environments to mine cryptocurrency, launch denial-of-service attacks, send spam, host malware, or engage in any other abusive activity.
  • Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Upload, transmit, or distribute any content that is unlawful, defamatory, obscene, or otherwise objectionable.
  • Attempt to probe, scan, or test the vulnerability of any Opsgility system or network without express written authorization.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these provisions, including suspending or terminating accounts without notice and reporting violators to law enforcement authorities.

4. Lab Environments and Cloud Resources

Certain features of the Service provision temporary cloud-based lab environments on third-party infrastructure (including Microsoft Azure, Amazon Web Services, and Google Cloud Platform). You agree to:

  • Use lab environments solely for completing the training exercises associated with your enrolled course.
  • Comply with the acceptable use policies of the underlying cloud providers.
  • Acknowledge that lab environments are temporary and that any data stored in a lab environment may be deleted when the session ends or the subscription expires.
  • Accept responsibility for any costs incurred as a result of misuse of provisioned resources beyond the scope of the training exercises.

We may immediately terminate any lab session and suspend your account if we detect abuse of provisioned resources.

5. Subscriptions and Payment

Access to certain features requires a paid subscription. By subscribing you agree to pay all applicable fees as described on the pricing page at the time of purchase. All fees are non-refundable except as expressly stated in our Refund Policy or as required by applicable law. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We reserve the right to change subscription fees upon reasonable notice; continued use of the Service after a fee change constitutes your acceptance of the new fees.

6. Intellectual Property

All content on the Service — including course materials, exercises, AI-generated instruction, videos, code samples, graphics, and trademarks — is the property of Opsgility LLC or its licensors and is protected by copyright and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service content solely for your personal, non-commercial educational purposes. You may not reproduce, redistribute, modify, create derivative works from, or publicly display any Service content without our prior written consent.

7. User Content

You retain ownership of any content you submit through the Service. By submitting content you grant Opsgility a worldwide, royalty-free, non-exclusive license to use, store, and process that content solely to provide and improve the Service. You represent that you have all rights necessary to grant this license and that your content does not infringe the rights of any third party.

8. AI-Generated Content

The Service uses artificial intelligence to deliver instruction, assessments, and feedback. AI-generated content is provided for educational purposes only and may not always be accurate, complete, or up-to-date. You should independently verify any information that is material to decisions you make. Opsgility makes no warranty regarding the accuracy or fitness for a particular purpose of AI-generated content.

9. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service you consent to such collection and use.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OPSGILITY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPSGILITY LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE, EVEN IF OPSGILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OPSGILITY'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO OPSGILITY IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100 USD).

12. Indemnification

You agree to indemnify, defend, and hold harmless Opsgility LLC and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any content you submit to the Service.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, third parties, or for any other reason in our sole discretion. You may terminate your account at any time by contacting us at training@opsgility.com. Upon termination, all licenses granted to you under these Terms will immediately cease. Sections that by their nature should survive termination shall survive, including but not limited to Sections 6, 10, 11, 12, and 14.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of such courts. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on this page and updating the "Last Updated" date above, and where appropriate by sending an email notification. Your continued use of the Service after such changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

16. General

These Terms constitute the entire agreement between you and Opsgility LLC with respect to the Service and supersede all prior or contemporaneous agreements. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

17. Contact

If you have questions about these Terms, please contact us:

Opsgility LLC
Email: training@opsgility.com