END USER LICENSE AGREEMENT

End User License Agreement

This End User License Agreement ("EULA") is a binding legal contract between you and Skilliby governing your license to install and use the Skilliby mobile application. This EULA supplements the Terms of Use and Privacy Policy.

Effective Date: July 4, 2026 · Version 2026-07-04

1. Parties and Related Documents

This EULA is entered into between you ("End User," "you") and SKILLIBY TECHNOLOGY INC. ("Skilliby," "Licensor," "we," "us," or "our"). Contact: hello@skilliby.com.

This EULA is incorporated by reference into and supplements Skilliby's Terms of Use and Privacy Policy, which together form the complete legal agreement governing your use of the Service. In the event of a conflict between this EULA and the Terms of Use, the Terms of Use shall govern, except with respect to provisions specifically governing the software license, in which case this EULA controls.

By downloading, installing, accessing, or using the Skilliby mobile application ("Application"), you acknowledge that you have read, understood, and agree to be bound by this EULA. If you do not agree, do not download, install, or use the Application. Uninstall and delete all copies of the Application immediately.

2. Definitions

  • "Application" means the Skilliby mobile software application, including all binary code, data files, resources, media, updates, patches, bug fixes, and supplemental materials provided in connection with the application.
  • "Proprietary Skills Evaluation System" ("PSES") means Skilliby's proprietary, confidential algorithmic platform for generating, delivering, and evaluating skill assessments, embedded in and accessible through the Application. The PSES constitutes Skilliby's trade secrets and proprietary intellectual property.
  • "Store Provider" means Apple Inc. (with respect to distribution through the Apple App Store) or Google LLC (with respect to distribution through the Google Play Store), as applicable.
  • "Device" means a mobile device (smartphone or tablet) that you own or legitimately control, on which you install the Application.
  • "Update" means any software patch, bug fix, feature update, security update, or new version of the Application released by Skilliby from time to time.

3. License Grant

Subject to your full and ongoing compliance with this EULA, the Terms of Use, and the Privacy Policy, Skilliby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  • Download, install, and execute the Application on Devices that you own or legitimately control.
  • Use the Application for your personal, non-commercial professional development purposes as described in the Terms of Use.

Scope Limitation. This license does not include any right to: modify, adapt, translate, or create derivative works of the Application; distribute, sell, sublicense, rent, lease, or otherwise transfer the Application to any third party; use the Application on behalf of third parties in a commercial or fee-generating service; or use the Application in any manner not expressly authorized by this EULA. All rights not expressly granted herein are reserved by Skilliby and its licensors.

4. License Restrictions

You may not, directly or indirectly, and you may not permit or facilitate any third party to:

  • Reverse Engineering: Reverse engineer, decompile, disassemble, decode, decrypt, or otherwise attempt to derive the source code, object code, underlying algorithms, assessment generation logic, PSES methodologies, scoring frameworks, or any other aspect of the Application's internal workings by any means, including automated probing, systematic behavioral inference, output pattern analysis, or machine learning extraction techniques. This prohibition applies regardless of whether applicable law would otherwise permit reverse engineering, to the fullest extent that applicable law allows contractual prohibition of such activities.
  • Modification: Modify, adapt, translate, prepare derivative works from, or create any application, tool, or service that incorporates or is derived from any portion of the Application or its embedded content.
  • Distribution: Distribute, resell, sublicense, rent, lease, lend, transfer, publish, or make available the Application to any third party without Skilliby's prior written consent.
  • Security Circumvention: Circumvent, disable, bypass, or otherwise interfere with any security, digital rights management, license enforcement, authentication, access control, or usage restriction mechanism incorporated into the Application.
  • Malicious Code: Introduce, transmit, or deploy any virus, worm, trojan horse, ransomware, spyware, logic bomb, or other malicious or disruptive code through or in connection with the Application.
  • Automated Access: Use bots, scripts, macros, automated input devices, or any other automated means to access or interact with the Application or its assessments, except as expressly permitted in writing by Skilliby.
  • Commercial Exploitation: Use the Application or its output to develop, train, or enhance any competing product or service, or exploit the Application commercially without Skilliby's prior written authorization.
  • Proprietary Notices: Remove, alter, obscure, or modify any proprietary rights notices, copyright notices, trademark notices, or other ownership indicators included in or displayed by the Application.
  • Export Violations: Export, re-export, or transfer the Application in violation of applicable export control laws of Canada, the United States, or any other applicable jurisdiction.

5. Proprietary Technology and Trade Secrets

The Application incorporates and provides access to the PSES, which constitutes Skilliby's core proprietary intellectual property and trade secrets. You acknowledge and agree that:

  • The PSES and its component methodologies, algorithms, multi-stage assessment pipeline, behavioral evaluation frameworks, scoring logic, and content generation processes are confidential trade secrets of Skilliby, protected under the Uniform Trade Secrets Act (U.S.), Canadian federal and provincial trade secret law, EU Trade Secrets Directive (2016/943), and analogous laws.
  • You will not disclose, reproduce, distribute, or use any trade secret information you may incidentally learn about the PSES through your use of the Application.
  • Any misappropriation, unauthorized disclosure, or exploitation of Skilliby's trade secrets may result in injunctive relief, significant monetary damages, and, where applicable, criminal prosecution.
  • Nothing in this EULA transfers any intellectual property rights in the PSES or Application to you. Your sole entitlement is the limited use license set forth in Section 3.

6. Intellectual Property Ownership

The Application and all its components, including but not limited to: the PSES; all assessment questions, scenarios, answer options, and scoring rubrics generated or stored within the Application ("Assessment Content"); Skill Verification Badges; performance reports; software (client-side and server-side); source code; object code; databases; design; graphics; interfaces; trademarks; trade names; service marks; logos; and all associated documentation — are and remain the sole and exclusive intellectual property of Skilliby and its licensors, protected by copyright, trademark, trade secret, patent, and other applicable intellectual property laws.

Skilliby's name, logos, and the Skilliby trademarks may not be used in connection with any product or service without Skilliby's prior written consent.

Assessment Content generated by the PSES during your sessions is owned exclusively by Skilliby. You may view and interact with Assessment Content within the Application as part of the licensed use, but you may not copy, reproduce, distribute, publish, or use Assessment Content outside the Application for any purpose.

7. Updates, Maintenance, and Support

7.1 Updates. Skilliby may, at its sole discretion, release Updates to the Application at any time. Updates may modify, add, or remove features and functionality, including changes to the PSES algorithms, assessment content, and scoring methodologies. This EULA (as may be updated) will apply to all Updates and new versions of the Application, unless a separate agreement accompanies an Update.

7.2 Mandatory Updates. Certain Updates may be required to maintain security, comply with applicable law, or preserve service functionality. Continued use of the Application following release of a required Update without installing the Update may result in degraded functionality or loss of access. Skilliby is not responsible for performance issues resulting from your failure to install available Updates.

7.3 Support. Skilliby provides limited support for the Application via hello@skilliby.com. Skilliby has no obligation to provide maintenance, support, error correction, or bug fixes beyond what it elects to provide in its sole discretion.

8. App Store and Distribution Platform Provisions

The Application is distributed through the Apple App Store and Google Play Store (and potentially other distribution platforms). The following provisions apply with respect to distribution platform terms:

8.1 EULA Parties. This EULA is between you and Skilliby only, not between you and the applicable Store Provider. The Store Provider is not a party to this EULA and has no rights or obligations under it, except as set forth in Section 8.

8.2 Store Provider Responsibility. Skilliby, not the Store Provider, is solely responsible for the Application and its content. The Store Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.

8.3 Warranty and Refunds. Skilliby is solely responsible for any warranty applicable to the Application under this EULA and applicable law. In the event of a failure of the Application to conform to any applicable warranty, you may notify the applicable Store Provider, and the Store Provider may refund the purchase price (if any) of the Application to you. To the maximum extent permitted by applicable law, the Store Provider has no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Skilliby's sole responsibility.

8.4 Product Claims. Skilliby, not the Store Provider, is responsible for addressing any claims by you or a third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

8.5 Intellectual Property Claims. In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Skilliby (not the Store Provider) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this EULA.

8.6 Third-Party Beneficiary. You acknowledge and agree that the applicable Store Provider (Apple Inc. or Google LLC, as applicable) is a third-party beneficiary of this EULA, and upon your acceptance of this EULA, the Store Provider will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

8.7 Apple-Specific Provisions. If the Application is downloaded from the Apple App Store, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple has no obligation to provide any maintenance, support, or other services in relation to the Application.

9. Privacy and Data Processing

The Application collects and processes personal data as described in Skilliby's Privacy Policy. By using the Application, you acknowledge the data practices described in the Privacy Policy, including the processing of Assessment Data, Device Security Data, network/security metadata, and pseudonymized or de-identified assessment data for permitted service-improvement purposes. Where applicable law requires consent for a specific processing activity, Skilliby will request that consent separately.

Biometric Authentication. The Application supports optional device-level biometric authentication (Face ID / Touch ID / fingerprint). As confirmed by code-level technical review, biometric authentication is performed exclusively on your device using the operating system's native authentication framework. No biometric template, facial scan data, fingerprint image, or any biometric identifier is transmitted to or stored on Skilliby's servers. Skilliby's servers receive only a boolean success/failure indicator and a user preference flag (biometricEnabled), which does not constitute biometric information under applicable law.

10. Device Security and Cryptographic Authentication

The Application employs cryptographic device authentication to secure your account against unauthorized access. Upon registration, your device generates an RSA cryptographic key pair. The private key is stored securely on your device using the operating system's secure storage facility (iOS Keychain / Android Keystore) and is never transmitted to Skilliby. The public key is registered with Skilliby and used for challenge-response authentication to verify that each session originates from your registered device.

Additionally, a non-biometric device fingerprint (derived from device model, OS version, and hardware identifiers) is used by Skilliby's security systems to detect device substitution and potential account compromise. This fingerprint is a security identifier, not a biometric identifier, and does not constitute biometric data under any applicable law.

You are responsible for maintaining the security of your device and preventing unauthorized access to the Application. If your device is lost, stolen, or compromised, you must immediately notify Skilliby at hello@skilliby.com to deactivate your device registration.

11. Term and Termination

11.1 Term. This EULA is effective from the date you first install or use the Application and continues until terminated.

11.2 Termination by You. You may terminate this EULA at any time by uninstalling all copies of the Application from all your Devices and ceasing all use of the Application.

11.3 Termination by Skilliby. Skilliby may terminate this EULA immediately without notice if: (a) you materially breach any provision of this EULA; (b) you violate the Terms of Use; (c) you misappropriate any of Skilliby's trade secrets or intellectual property; (d) Skilliby is required to do so by applicable law; or (e) Skilliby discontinues the Application or Service.

11.4 Effects of Termination. Upon termination of this EULA: (a) all rights and licenses granted to you hereunder immediately and automatically terminate; (b) you must immediately uninstall and delete all copies of the Application from all Devices; (c) all provisions of this EULA that by their nature should survive termination shall survive, including Sections 5 (Proprietary Technology), 6 (Intellectual Property), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), and 14 (Governing Law).

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." SKILLIBY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APPLICATION, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION:

  • ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
  • ANY WARRANTY THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ASSESSMENT CONTENT, SKILL VERIFICATION BADGES, SCORES, OR PSES OUTPUT FOR ANY PURPOSE.
  • ANY WARRANTY THAT THE APPLICATION WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.
  • ANY WARRANTY THAT DEFECTS OR ERRORS IN THE APPLICATION WILL BE CORRECTED.

Consumer protection laws in certain jurisdictions may imply warranties that cannot be excluded. This EULA does not affect any statutory rights you may have under mandatory applicable law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKILLIBY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF EMPLOYMENT OPPORTUNITY, BUSINESS INTERRUPTION, OR PERSONAL INJURY, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE USE OF OR INABILITY TO USE THE APPLICATION.

SKILLIBY'S TOTAL CUMULATIVE LIABILITY UNDER THIS EULA WILL NOT EXCEED CAD $100 OR THE AMOUNT YOU PAID FOR THE APPLICATION, WHICHEVER IS GREATER.

THE STORE PROVIDER'S (APPLE INC. / GOOGLE LLC) TOTAL LIABILITY UNDER THIS EULA IS LIMITED TO THE PURCHASE PRICE REFUND DESCRIBED IN SECTION 8.3. THE STORE PROVIDER HAS NO OTHER LIABILITY TO YOU UNDER THIS EULA.

14. Governing Law

This EULA is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Dispute resolution is governed by Section 17 of the Terms of Use, incorporated herein by reference.

EU/EEA consumers retain the right to rely on mandatory consumer protection provisions of the law of their country of habitual residence.

15. General

This EULA, together with the Terms of Use and Privacy Policy, constitutes the entire agreement between you and Skilliby with respect to the Application and supersedes all prior or contemporaneous understandings. If any provision of this EULA is held unenforceable, the remaining provisions remain in full force and effect. Skilliby's failure to exercise any right under this EULA does not constitute a waiver of that right.

For questions about this EULA, contact hello@skilliby.com.