End-User License Agreement

Updated at 2024-02-27

TheWPSkill grants you access to https://thewpskill.com/ (“the Website”) and invites you to purchase the services offered here.

Definitions and key terms

To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, they are strictly defined as:

-Cookie: a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you, such as your language preference or login information.
-Company: When this policy mentions “Company,” “we,” “us,” or “our,” it refers to TheWPSkill, which is responsible for your information under this Eula.
-Country: Where TheWPSkill or the owners/founders of TheWPSkill are based, in this case, Tanzania.
-Service: refers to the service provided by TheWPSkill as described in the relative terms (if available) and on this platform.
-Third-party service refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
-Website: TheWPSkill.”’s” site, which can be accessed via this URL: https://thewpskill.com/
-You: a person or entity registered with TheWPSkill to use the Services.

Introduction

This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”, “you” or “your”) and (“Company”, “we”, “us”, or “our”). This Agreement governs the relationship between you and us, and your use of the Company TheWPSkill. Throughout this Agreement, the End User and Company may be called a “Party” or, collectively, the “Parties.”

If you use the website on behalf of your employer or other entity (an “Organisation”) for whose benefit you utilize the website or who owns or otherwise controls the means you use or access the website. The terms “End User”, “you”, and “your” shall apply collectively to you as an individual and to the Organisation. If you use or purchase a license to the website on behalf of an Organisation, you at this moment acknowledge, warrant, and covenant that you have the authority to 1) purchase a license to the website on behalf of the Organisation; 2) bind the Organisation to the terms of this Agreement.

By downloading, installing, accessing, or using the website, you: (a) affirm that you have all of the necessary permissions and authorizations to access and use the website; (b) if you are using the website under a license purchased by an organization, that that organization authorizes you to access and use the website(c) acknowledge that you have read and that you understand this agreement; (d) represent that you are of sound mind and of legal age (18 years of age or older) to enter into a binding agreement; and (e) accept and agree to be legally bound by the terms and conditions of this agreement.

If you disagree with these terms, do not download, install, access, or use the software. Delete the software from your computing device if you have already downloaded it.

The Application is licensed, not sold, to you by TheWPSkill for use strictly by the terms of this Agreement.

License

Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement, TheWPSkill grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:

(a) download, install, and use the Software on one (1) Computing Device per single user license you have purchased and been granted. If you have multiple Computer Devices in which you wish to use the Software, you agree to acquire a permit for the number of devices you intend to use;

(b) access, view, and use on such Computing Device the End User Provided Materials made available in or otherwise accessible through the Software, strictly by this Agreement, and any other terms and conditions applicable to such End User Provided Materials;

(c) install and use the trial version of the Software on any number of Computing Devices for a trial period of fifteen (15) unique days after installation.

(d) receive updates and new features that become available during the one (1) year from the date you purchased the license to the Software.

Restrictions

You agree not to, and you will not permit others to:

-License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or make the Application available to any third party.
-Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any application part.
-Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of TheWPSkill or its affiliates, partners, suppliers, or the licensors of the Application.

Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures, inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated in addition to that, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are part of the Software that are otherwise owned by TheWPSkill shall always remain the exclusive property of TheWPSkill (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any Organisation) a license to TheWPSkill.”’s” Intellectual Property Rights.

You agree that this Agreement conveys a limited license to use TheWPSkill.”’s” Intellectual Property Rights, solely as part of the Software (and not independently of it), and only for the effective Term of the license granted to you hereunder. Accordingly, your use of any of TheWPSkill.”’s” Intellectual Property Rights independently of the Software or outside the scope of this Agreement shall be considered an infringement of TheWPSkill.”’s” Intellectual Property Rights. This shall not limit, however, any claim TheWPSkill may have for a breach of contract if you breach a term or condition of this Agreement. You shall use the highest standard of care to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Except as expressly granted in this Agreement, TheWPSkill reserves and shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject matter, trademarks, and trademark-able subject matter, patents and patentable subject matter, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence or that may be created, relating to the to it.

You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in and to the work products you create through or with the assistance of the Software.

Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to TheWPSkill concerning the Application shall remain the sole and exclusive property of TheWPSkill.

TheWPSkill shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Modifications to Application

TheWPSkill reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Updates to Application

TheWPSkill may occasionally provide enhancements or improvements to the features/ functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”).

Updates may modify or delete certain features and functionalities of the Application. You agree that TheWPSkill has no obligation to (i) provide any Updates or (ii) continue to provide or enable any particular features and functionalities of the Application to you.

You further agree that all Updates will be (i) deemed an integral part of the Application and (ii) subject to the terms and conditions of this Agreement.

Third-Party Services

The Application may display, include, or make available third-party content (including data, information, applications, and other products and services) or provide links to third-party websites or services (“Third-Party Services”).

You acknowledge and agree that TheWPSkill shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. TheWPSkill does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-party services and links to them are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or TheWPSkill.

TheWPSkill may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from TheWPSkill, if you fail to comply with any provision of this Agreement. You may terminate this Agreement by deleting the Application and all copies from your computer.

Upon termination of this Agreement, you shall cease using the Application and delete all copies from your computer.

Termination of this Agreement will not limit any of TheWPSkill.”’s” rights or remedies at law or in equity in case of breach by you (during the Term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify, defend, and hold harmless TheWPSkill and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to i) your use or misuse of the Software; ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this Agreement; or iv) your agreement or relationship with an Organisation (if applicable) or any third party. Furthermore, you agree that TheWPSkill assumes no responsibility for the information or content you submit or make available through this Software or the content made available to you by third parties.

No Warranties

The Application is provided to you “AS IS” and “AS AVAILABLE” with all faults and defects without warranty. To the maximum extent permitted under applicable law, TheWPSkill, on its behalf and behalf of its affiliates and and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, concerning the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the preceding, TheWPSkill provides no warranty or undertaking and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the preceding, neither TheWPSkill nor any TheWPSkill.”’s” provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or emails sent from or on behalf of TheWPSkill are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the constraints of the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages you might incur, the entire liability of TheWPSkill and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the preceding shall be limited to the amount paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall TheWPSkill or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if TheWPSkill or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

Suppose any provision of this Agreement is held to be unenforceable or invalid. In that case, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

TheWPSkill reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you disagree with the new terms, you can no longer use the Application.

Governing Law

The laws of Tanzania, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your application use may also be subject to local, state, national, or international laws.

Changes to this agreement

We reserve the exclusive right to change this Agreement from time to time. Your continued access to and use of the website constitutes your agreement to be bound by and your acceptance of the terms and conditions posted at such time. You acknowledge and agree to accept this Agreement (and any amendments) each time you load, access, or use the website. Therefore, we encourage you to review this Agreement regularly.

If within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance of the amended terms by providing us with written notice of your withdrawal. Upon providing us with the written notice of the withdrawal of your approval, you are no longer authorized to access or use the website.

No Employment or Agency Relationship

No provision of this Agreement, or any part of the relationship between you and TheWPSkill, is intended to create nor shall they be deemed or construed to create any relationship between you and TheWPSkill other than that of an end user of the website and services provided.

Equitable Relief

You acknowledge and agree that your breach of this Agreement would cause TheWPSkill irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which TheWPSkill may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent this Agreement’s actual, threatened, or continued breach.

Headings

The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect, the interpretation of this Agreement.

Geographic Restrictions

The Company is based in Tanzania, provides access and use primarily by persons in Tanzania, and maintains compliance with Tanzania laws and regulations. If you use the website from outside Tanzania, you are solely and exclusively responsible for compliance with local laws.

Limitation of Time to File Claims

Any cause of action or claim you may have arising out of or relating to this agreement or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Entire Agreement

The Agreement constitutes the entire agreement between you and TheWPSkill regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and TheWPSkill.

You may be subject to additional terms and conditions when you use or purchase other TheWPSkill.”’s” services, which TheWPSkill will provide to you at the time of such use or purchase.