Terms of Use

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Skillnyx Private Limited, a company incorporated under the Companies Act, 2013 ("Company", "we", "us", or "our"), governing your access to and use of the SkillNyx platform and all associated products and services, including assessments, labs, certifications, professional social network, AI tools, and enterprise consulting engagements (collectively, the "Platform").

BY ACCESSING, REGISTERING, OR USING THE PLATFORM IN ANY MANNER, YOU UNCONDITIONALLY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.

We reserve the right to amend these Terms at any time. Material amendments will be communicated via in-app notice or email. Your continued use of the Platform following any amendment constitutes acceptance of the revised Terms.

2.1 Age Requirement You must be at least 16 years of age (or the age of digital consent applicable in your jurisdiction, whichever is higher) to create an account.

2.2 Account Responsibility You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at support@skillnyx.com upon becoming aware of any unauthorised use.

2.3 Organisational Accounts If you access the Platform on behalf of a legal entity, you represent that you have authority to bind that entity to these Terms, and references to "you" include that entity.

2.4 Account Accuracy You agree to provide accurate, current, and complete information during registration. We reserve the right to suspend accounts that contain false or misleading information.

3.1 Plans and Features SkillNyx offers free and paid subscription tiers. Features, quotas, and entitlements (including ML Forge runs, Hardcore challenge attempts, AI lab credits, and NyxBits allocations) are described on our pricing pages.

3.2 Billing Paid subscriptions are billed on a recurring basis per the selected billing cycle. By subscribing, you authorise the Company or its payment processor to charge your nominated payment method at each renewal until you cancel. Applicable taxes are charged in addition to stated fees where required by law.

3.3 Refunds and Cancellations All sales are final. Once a subscription is activated, no refunds or proration shall be issued, including where NyxBits or plan quotas have been partially used. Cancellation takes effect at the end of the current billing period.

3.4 NyxBits NyxBits is a platform credit for eligible features. NyxBits are not legal tender, have no monetary value, and cannot be exchanged for cash, transferred between accounts, or refunded. Unused NyxBits may expire pursuant to plan terms.

3.5 Account Suspensions If an account is suspended or terminated for cheating, misuse, or policy violations, no refund, credit reversal, or NyxBits reinstatement shall be issued.

4.1 Personal Use Assessment attempts, lab runs, and certifications are personal to the registered account holder. They may not be completed by, shared with, or transferred to another person. Use of any automated tool, AI assistance, third-party solver, or proxy during a proctored assessment constitutes cheating.

4.2 Anti-Fraud and Integrity We apply technical and procedural measures to detect cheating, tampering, and policy violations. We reserve the right to revoke, invalidate, or withhold any assessment result, certification, or badge at our sole discretion.

4.3 Certificates and Badges Certificates issued by SkillNyx include verifiable data. They may be updated, corrected, or withdrawn if errors or violations are confirmed. Certificates do not guarantee employment or any other outcome.

4.4 Quotas and Time Limits Assessment attempts and lab runs are subject to time limits, attempt quotas, and plan-level restrictions. Unused attempts do not roll over unless explicitly stated.

5.1 Scope Where the Company provides AI strategy advisory, digital transformation consulting, process automation, or enterprise implementation services ("Professional Services"), such services are governed by a separate Statement of Work ("SOW") or Master Service Agreement ("MSA"). In the event of conflict, the SOW or MSA shall prevail.

5.2 Intellectual Property in Deliverables Unless expressly agreed otherwise in the applicable SOW, all deliverables, methodologies, frameworks, and intellectual property created in the course of Professional Services remain the exclusive property of Skillnyx Private Limited. The Company grants the client a non-exclusive, non-transferable licence to use deliverables for internal business purposes only.

5.3 Client Materials You represent that any materials, data, or systems access you provide are owned by you or that you hold all necessary rights. You grant the Company a limited licence to use such materials solely to deliver the Professional Services.

5.4 Confidentiality Each party agrees to protect the other's confidential information with no less than reasonable care and not to disclose it to third parties without prior written consent, except as required by law. This obligation survives termination for three (3) years.

5.5 Liability Cap for Professional Services The Company's aggregate liability for claims relating to Professional Services shall not exceed the fees paid under the applicable SOW in the six (6) months preceding the claim.

6.1 Permitted Use You may use the Platform for lawful purposes consistent with your account type and plan entitlements.

6.2 Prohibited Conduct You agree that you will not: • Use the Platform for any unlawful, fraudulent, or malicious purpose; • Attempt to gain unauthorised access to any part of the Platform, its servers, or connected systems; • Interfere with or impair the integrity or performance of the Platform; • Transmit viruses, malware, or other harmful code; • Scrape or use automated tools to extract data without prior written consent; • Use Platform content to train AI or machine learning models without authorisation; • Reverse engineer, decompile, or disassemble any part of the Platform; • Impersonate any person or entity; • Harass, threaten, or discriminate against other users; • Post harmful, defamatory, infringing, or illegal content; • Share account credentials or permit others to use your account; • Circumvent any access controls or proctoring systems.

We reserve the right to suspend or terminate access immediately for any violation.

7.1 Company Ownership All content on the Platform — including assessment content, lab environments, curricula, software, branding, logos, UI design, text, and graphics (collectively, "SkillNyx Content") — is the exclusive property of Skillnyx Private Limited or its licensors, protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and applicable international IP law.

7.2 Limited Licence Subject to compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for purposes consistent with your account type.

7.3 Restrictions Without prior written consent, you shall not copy, reproduce, republish, redistribute, or commercially exploit any SkillNyx Content; create derivative works; or sublicense, sell, or assign any rights in the Platform.

7.4 Trademarks "SkillNyx" and associated logos are registered or unregistered trademarks of Skillnyx Private Limited. Nothing herein grants any right to use these marks without prior written permission.

8.1 Your Ownership You retain ownership of content you create and submit to the Platform ("User Content"), including posts, code submissions, lab work, and profile information.

8.2 Licence Grant By submitting User Content, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable licence to host, store, display, reproduce, modify, adapt, and distribute such content to the extent necessary to operate and improve the Platform.

8.3 Content Standards User Content must not infringe any third-party IP or privacy rights, contain harmful or illegal material, or include malicious code. We reserve the right to remove any User Content at our sole discretion.

8.4 Feedback Any feedback, suggestions, or ideas you submit may be used by the Company without restriction and without compensation.

The Platform integrates with third-party services including cloud infrastructure, payment processors, AI runtimes, analytics providers, and identity providers. Your use of such services is subject to their respective terms and privacy policies.

We are not responsible for the availability, accuracy, or practices of third-party services. Disruption or changes to third-party services do not give rise to liability on our part.

Links to third-party websites do not constitute endorsement. You access such resources at your own risk.

Your use of the Platform is governed by our Privacy Policy, available at https://skillnyx.com/privacy, incorporated herein by reference. By using the Platform, you consent to the collection, use, and processing of your personal data as described therein.

We apply encryption in transit (TLS/SSL), access controls, and security practices to protect your data.

11.1 Data Processing Addendum For B2B customers where the Company processes personal data on behalf of the client as a data processor, we offer a Data Processing Addendum ("DPA") aligned with the Digital Personal Data Protection Act, 2023 ("DPDPA") and, where applicable, the GDPR. Contact enterprise@skillnyx.com to execute a DPA.

11.2 Security Controls We apply role-based access controls, encryption in transit and at rest, audit logging on core systems, and least-privilege principles for all operations involving client data.

11.3 Sub-Processors We engage third-party sub-processors subject to written data protection agreements. A list of sub-processors is available on request.

11.4 No Sale of Data We do not sell, rent, or trade personal data of platform users or business customers to any third party.

11.5 Data Deletion Upon termination of a business account, data deletion or export can be requested within 60 days.

THE PLATFORM AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED ACCESS, AND ACCURACY OF CONTENT.

NOTHING ON THE PLATFORM CONSTITUTES FINANCIAL, INVESTMENT, LEGAL, CAREER, OR OTHER PROFESSIONAL ADVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

13.1 Exclusion of Consequential Damages IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR SERVICE INTERRUPTION, HOWEVER CAUSED.

13.2 Aggregate Cap THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) INR 1,000; OR (B) THE TOTAL FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

13.3 Essential Basis THESE LIMITATIONS REFLECT A FAIR ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

You agree to defend, indemnify, and hold harmless Skillnyx Private Limited, its directors, officers, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and fees (including reasonable legal fees) arising out of:

• Your violation of these Terms or applicable law; • Your use of or access to the Platform; • Your User Content; • Your infringement of any third-party intellectual property or other rights; • Any misrepresentation made by you.

15.1 By the Company We may suspend or terminate your access at any time without prior notice for: violation of these Terms; harmful conduct; repeated IP infringement; fraudulent, abusive, or illegal conduct; or any other reason at our discretion.

15.2 By You You may stop using the Platform at any time and close your account via account settings or by contacting support@skillnyx.com.

15.3 Effect of Termination Upon termination, your right to use the Platform ceases immediately. Sections 7, 8.2, 12, 13, 14, 17, and 18 survive termination. No refund is issued upon termination for cause.

We reserve the right to modify, update, suspend, or discontinue the Platform or any feature at any time, with or without notice. We may also adjust subscription features, quotas, or pricing with reasonable notice.

We shall not be liable for any modification, suspension, or discontinuation of the Platform.

17.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

17.2 Informal Resolution In the event of any dispute, you agree to first contact us at support@skillnyx.com and attempt to resolve the matter amicably. We will endeavour to respond within 15 business days.

17.3 Jurisdiction If a dispute cannot be resolved amicably within 30 days, it shall be subject to the exclusive jurisdiction of courts of competent jurisdiction in India.

18.1 Entire Agreement These Terms, together with the Privacy Policy and any policies posted on the Platform, constitute the entire agreement between you and the Company regarding your use of the Platform.

18.2 Severability If any provision is found invalid or unenforceable, it shall be severed and the remaining Terms shall continue in full force.

18.3 Waiver Failure to enforce any right or provision shall not constitute a waiver. Any waiver must be in writing signed by an authorised representative.

18.4 No Agency Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship.

18.5 Assignment You may not assign your rights without prior written consent of the Company. The Company may freely assign these Terms.

18.6 Force Majeure We shall not be liable for delays or failures resulting from causes beyond our reasonable control, including acts of God, war, terrorism, governmental action, pandemic, or failure of third-party infrastructure.

18.7 Contact Skillnyx Private Limited — support@skillnyx.com