SKILLREX TERMS AND CONDITIONS OF SERVICE

Effective Date: September 26, 2026

Version: 2026.2

These Terms and Conditions of Service ("Terms") constitute a legally binding contract between skillrex, Inc. ("skillrex," "Company," "we," "us," or "our") and the corporate entity, organization, or individual accessing or using our services ("User," "Customer," "you," or "your").

These Terms govern access to and use of the skillrex Cyber Workforce Intelligence Platform (CWIP), skillrex Baseline Assessments, Cyber Talent Insights (CTI) subscriptions, Readiness Performance Score (RPS) dashboards, and all associated tools, modules, APIs, and future product offerings (collectively, the "Platform" or "Services").

By clicking "I Agree," executing an Order Form referencing these Terms, checking an agreement box within an intake flow or form, or accessing the Platform, you agree to be bound by these Terms.

1. APPLICABILITY & USER CATEGORIES

1.1 Enterprise Authorized Users (B2B)

If you access or use the Platform pursuant to an enterprise subscription, master services agreement, or order form executed between skillrex and your employer or organization ("Enterprise Agreement"):

Commercial terms (pricing, payment, enterprise SLAs, enterprise-wide liability caps) are governed by the Enterprise Agreement executed by your organization's procurement or executive team.
Your individual access, account conduct, and interaction with the Platform—including strict compliance with intellectual property rules, confidentiality, anti-exfiltration mandates, and acceptable use—are directly bound by these Terms.
You acknowledge that your employer operates as a Data Controller and possesses administrative rights to view your assessment results, capability gap analyses, Workforce Framework mappings, and platform interaction telemetry.

1.2 Individual Users (B2C & Direct Registration)

If you register for or purchase access to the Platform, a Baseline Assessment, or a CTI subscription directly as an individual:

You agree to all commercial, technical, legal, and operational provisions contained within these Terms.
You represent and warrant that you are at least 18 years of age and possess full legal capacity to enter into a binding agreement.

2. STRICT INTELLECTUAL PROPERTY PROTECTION & ANTI-EXFILTRATION

2.1 Proprietary IP Ownership

The Platform, including all Baseline Assessments, evaluation rubrics, assessment question items, answer keys, scoring logic, capability models, Cyber Workforce Intelligence (CWI) metrics, Readiness Performance Scores (RPS), Workforce Framework mappings, reporting templates, Looker Studio/SaaS dashboard layouts, and software code (collectively, "skillrex IP"), are the exclusive intellectual property of skillrex, protected by United States and international copyright, trademark, trade secret, and patent laws.

2.2 Prohibited Disclosure, Scrape, and Leak Activities (Anti-Exfiltration)

You are granted a strictly personal, temporary, non-exclusive, non-transferable, revocable license to view and complete assessments solely within the authorized skillrex interface. You are strictly prohibited from capturing, reproducing, extracting, or publishing skillrex IP.

Without limiting the generality of the foregoing, you MUST NOT under any circumstances:

Copy or Distribute Assessment Content: Copy, record, capture, screenshot, transcribe, re-key, scrape, summarize, or reproduce any assessment question, answer option, scenario, code snippet, or evaluation rubric.
Public or Private Disclosure: Post, publish, upload, share, transmit, or display skillrex IP—in whole or in part—on any public or private website, blog, repository, or communication platform, including but not limited to Medium, GitHub, GitLab, Pastebin, Reddit, Substack, Discord, Slack, Telegram, Quizlet, Brainscape, Chegg, Course Hero, LinkedIn, or personal portfolio sites.
AI Model Training & Prompts: Input, paste, upload, or feed any assessment content, questions, scenarios, or rubrics into any artificial intelligence system, Large Language Model (LLM), or generative AI tool (e.g., ChatGPT, Claude, Gemini, Copilot).
Third-Party Assistance: Solicit, offer, publish, or utilize unauthorized answer keys, solution guides, or external assistance during any assessment.

2.3 Forensics, Takedowns, and Legal Remedies for Breach

Forensic Tracking & Watermarking: skillrex employs automated text-matching, dynamic UI watermarking, and forensic user-tracking technologies. Assessment materials contain unique, traceably embedded user identifiers to immediately attribute unauthorized leaks.
Immediate Account Invalidation: Any violation of this Section 2 will result in the immediate revocation of your skillrex account, permanent invalidation of all baseline assessments and capability badges without refund, and formal notification to your employer (if applicable).
DMCA & Statutory Damages: Unauthorized publication of skillrex IP compromises the integrity of our workforce intelligence tools. skillrex vigorously enforces its intellectual property rights via immediate Digital Millennium Copyright Act (DMCA) takedown demands, emergency injunctive relief, and civil lawsuits for actual damages, statutory damages, legal fees, and profits derived from infringement.

3. USER ACCOUNTS AND SECURITY

Accurate Information: You must provide accurate, complete, and current information when creating an account or completing an assessment intake form (e.g., via Typeform or the skillrex SaaS Portal).
Credential Confidentiality: You are solely responsible for maintaining the confidentiality of your login credentials and unique assessment links. Multi-individual credential sharing is strictly prohibited.
Security Incident Notification: You agree to notify skillrex immediately at security@skillrex.com if you discover compromised credentials, suspected unauthorized account access, or leaked assessment content online.

4. RESTRICTIONS AND ACCEPTABLE USE

When accessing or using the Platform, you agree that you will not:

Reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying algorithms, or scoring weights of the Platform or Baseline Assessments.
Sublicense, sell, lease, rent, share, or commercially exploit the Platform or its output insights.
Use automated bots, crawlers, scrapers, or unauthorized APIs to access the Platform or extract benchmarking data.
Attempt to manipulate, falsify, or game workforce readiness scores, skill baselines, or capability telemetry.
Circumvent or bypass any security mechanism, paywall, time limit, domain lock, or access control enforced by the Platform.

5. DATA OWNERSHIP, PRIVACY, BENCHMARKING, AND ERASURE

5.1 Customer Data Ownership

As between skillrex and you (or your organization), you retain all ownership rights in your individual identity data, raw assessment responses, and HR metadata ("Customer Data").

5.2 Aggregated and De-Identified Intelligence

skillrex automatically processes, anonymizes, and synthesizes raw assessment metrics, skill logs, and performance telemetry ("Aggregated Data").

Aggregated Data is permanently de-identified, converted into statistical vectors, and stripped of personal or enterprise identity.
skillrex retains exclusive ownership of Aggregated Data and uses it to maintain workforce capability baselines, train analytical algorithms, publish cyber industry benchmarks, and power Cyber Workforce Intelligence features.

5.3 Data Subject Rights and Right to Erasure

(a) Enterprise Users (B2B): The Platform is provided to Enterprise Users on behalf of your employer or organization ("Data Controller"). If you are an Enterprise User seeking to exercise legal rights to access, correct, or request the erasure/deletion of your personal data under applicable privacy laws (such as GDPR or CCPA/CPRA), you must submit your request directly to your employer's administrator. As a Data Processor, skillrex processes personal data solely upon the documented instructions of the Data Controller.
(b) Individual Users (B2C): Individual Users who register directly with skillrex may request deletion of their personal information by contacting privacy@skillrex.com. Upon receipt of a verified request, skillrex will delete or permanently anonymize your personal profile, email address, and account credentials.
(c) Effect of Erasure on Aggregated Intelligence: Execution of an erasure request shall be fulfilled by permanently deleting all Personal Identifiable Information (PII) from your record (Anonymization). You acknowledge and agree that non-identifiable, aggregated skill telemetry, scoring vectors, Workforce Framework mappings, and baseline benchmarking metrics derived from your usage shall remain part of skillrex's anonymized analytics engine and are not subject to destruction.

6. INTEGRATIONS AND THIRD-PARTY TELEMETRY

The Platform connects with third-party systems, including Human Resource Information Systems (HRIS), Learning Management Systems (LMS), hands-on lab environments, and labor market telemetry feeds (e.g., Bureau of Labor Statistics, etc.). skillrex does not warrant or control external third-party feeds. skillrex is not responsible for data transmission delays, API downtime, or content inaccuracies originating from third-party vendor systems.

7. B2C COMMERCIAL TERMS (DIRECT PURCHASES)

Applicable to individual subscribers and direct purchasers not covered under an Enterprise Agreement.

Payment: Fees for Baseline Assessments, CTI individual subscriptions, and add-on products are displayed at checkout and are due in full upon order placement.
Non-Refundability: Because digital access to proprietary assessment engines and intellectual property is provisioned immediately upon purchase, all fees are non-refundable once an assessment link has been generated or platform access has been granted.
Auto-Renewal: Recurring B2C subscriptions automatically renew at the end of each billing term unless cancelled prior to the renewal date via account settings.

8. OPERATIONAL INTELLIGENCE DISCLAIMER

Decision-Support Architecture: The Platform, Baseline Assessments, and Cyber Talent Insights provide strategic workforce analytics, capability gap tracking, and training recommendations based on telemetry inputs and industry frameworks (such as NIST NICE, DCWF, SFIA, ECWF, etc.).
No Employment Guarantee: Platform insights do not constitute a guarantee of job placement, promotion, career advancement, regulatory compliance, or absolute operational immunity from cybersecurity incidents.
Customer Discretion: Final decisions regarding hiring, staffing assignments, talent investment, operational role fit, and cybersecurity architecture rest entirely with the user or enterprise employer.

9. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

9.1 Warranty Disclaimer

THE PLATFORM, BASELINE ASSESSMENTS, AND ALL WORKFORCE INSIGHTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." SKILLREX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKILLREX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR THESE TERMS.

EXCEPT FOR VIOLATIONS OF SECTION 2 (STRICT INTELLECTUAL PROPERTY PROTECTION & ANTI-EXFILTRATION), SKILLREX’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS SHALL BE LIMITED TO THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO SKILLREX IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless skillrex, its officers, directors, employees, and agents from and against any third-party claims, liabilities, losses, damages, and costs (including reasonable legal fees) arising out of or related to:

Your breach of these Terms, specifically including Section 2 (Anti-Exfiltration & IP Protection).
Your unauthorized exposure, publication, or distribution of skillrex IP.
Your misuse of the Platform or violation of applicable data privacy statutes.

11. TERM AND TERMINATION

Term: These Terms remain effective until terminated by either party or until your access subscription expires.
Termination for Cause: skillrex reserves the right to immediately suspend or terminate your platform access without notice if you breach any provision of these Terms or engage in conduct that compromises the security or integrity of our assessment environment.

12. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law: These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law principles.
Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms shall be settled through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules.
Injunctive Relief: Nothing in this section prevents skillrex from seeking immediate injunctive or equitable relief in any court of competent jurisdiction to restrain unauthorized disclosures, copyright infringement, or exfiltration of skillrex IP.

13. GENERAL PROVISIONS

Entire Agreement: These Terms, along with applicable Order Forms and Enterprise Agreements, constitute the entire legal agreement between skillrex and you regarding the Platform.
Modifications: skillrex reserves the right to modify these Terms at any time. Material updates will be communicated via the Platform interface or email. Continued use of the Platform after changes take effect constitutes acceptance of updated Terms.
Severability: If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force.
Contact & Legal Inquiries: For questions regarding these Terms or to report unauthorized distribution of skillrex materials, contact legal@skillrex.com