Last updated: June 6th, 2023
This Subscriber Agreement (hereafter "Agreement") is between 50skills ehf. ("50skills") and the entity identified as the customer in the corresponding Order Form ("Customer"). This Agreement is valid from the date when the parties sign an Order Form that includes these terms (the "Effective Date").
50skills commits to providing continuous Service to the Customer for the duration of the Subscription Term, as per this Agreement. 50skills reserves the right to modify the Service's content, user interface, and functionalities during the Subscription Term. Please note that the Customer's use of the Service does not guarantee future features or functionalities.
50skills provides the Customer access to 50skills Journeys, a Software as a Service Solution (SaaS) that allows the Customer to establish employee journeys. These journeys encompass workflows which might include one or more actions. Existing employees and/or other individuals can be added to the journeys created by the Customer.
The Customer will have access to a platform that allows them to create, read, update, and delete journeys. If needed, the Customer can request additional services from 50skills at an hourly rate, according to the Customer pricing table or any other agreed upon arrangement.
2. Payments for services
The Customer agrees to pay all undisputed amounts stated in the applicable Order Form within fourteen (14) days of the invoice date. If the Customer has any dispute with any portion of an invoice, they should pay the undisputed part and notify 50skills of the dispute by the due date. The payments are non-refundable and non-cancelable, unless stated otherwise in this Agreement.
50skills may suspend the Customer’s account if the account becomes overdue and isn't updated within ten (10) business days following a notice. The Customer will be responsible for providing complete and accurate billing information to 50skills. Unpaid amounts might accrue interest at the lower of 1.5% per month or the highest rate permitted by law, plus any collection costs.
If eligible, for transactions where payment is made via credit card, 50skills may update the Customer's payment information using account update services provided by third-party payment processors.
3. Journey Starts
"Journey Starts", also known as “Start” or “Journey Initiation” refers to starting a journey for a person added to a Journey. For the avoidance of doubt here is an example better detailing the meaning of a “Start”.
Example 1: For instance, consider a scenario where you're onboarding a new employee. You design a journey that includes various steps like gathering information, contract creation, and sending multiple emails and text messages to various parties. This entire process for the new employee would count as one "Start" or "Journey Start".
Example 2: Alternatively, consider a situation where you're preparing for an annual company event and you include 50 employees in the journey. You send them a form to fill out about allergies and other preferences, and then carry out different actions based on their responses. In this case, you would have 50 separate "Starts" or "Journey Starts".
Unused Starts don’t accumulate month by month.
4. Text Messages
Up to three text messages are included in each monthly billing cycle per Journey Start. Example: If your plan consists fo 100 starts, and you send 500 text messages, you may be moved to a plan that better suits your needs or charged up to 0.3 EUR per text message exceeding your usage plan during that month.
The fees charged to the Customer do not include taxes. The Customer is responsible for all applicable taxes related to this Agreement, including, but not limited to, sales, use, excise, value-added, goods and services, consumption, and other similar taxes or duties.
6. Usage Limits and Overages
Should the Customer's usage surpass the limits set in the Order Form plan, 50skills will adjust the Customer's account to a tier that matches their usage pattern. This might result in changes to the Customer's monthly fee, while still honoring any special terms agreed upon. 50skills will notify the Customer of such modifications and may invoice them for the difference for the remainder of the subscription period, if it exceeds one month.
7. Upfront Payment
Upon the commencement of the Agreement or at the start of the subsequent month, an upfront payment for one month will be invoiced. This includes the costs associated with routine software maintenance and development.
8. Duration and Renewal
This Agreement lasts for a duration of 12 months, with the option to cancel within 1 month of its scheduled renewal. Contracts are automatically renewed in 12 months, unless terminated by either party. Vendor reserves the right to increase prices up to 7% annually. In addition, any previously offered discounts, applied for the first year of subscription, are no longer applicable in the 12 month renewal.
9. Early access
Please note that this agreement covers our service while it is in Early Access Mode. During this stage, the software is still undergoing development and fine-tuning. This means you may experience system downtime, updates, and rapid changes to the platform's features and functionalities.
While we strive to maintain stability and reliability during Early Access Mode, we want to ensure that you understand and accept the possibility of these occurrences. However, any changes that happen during this period will not affect the financial terms of this contract.
We value your feedback during this development stage. Your experiences and input will help shape the final product, and we appreciate your understanding and patience during this time.
10. Security and hosting
The vendor guarantees that all stored information from users and people is stored in a computer system that meets stringent security requirements, providing security through firewalls, encryption and access control.
The 50skills Journey solution is hosted in the cloud and operated by Heroku (Salesforce.com). Heroku’s physical infrastructure is hosted and managed within Amazon’s secure data centers and utilize the Amazon Web Service (AWS) technology. 50skills Journeys is hosted in the AWS data center located in Ireland. Amazon continually manages risk and undergoes recurring assessments to ensure compliance with industry standards. Amazon’s data center operations have been accredited under: The operations of AWS data centers are certified according to ISO 27001, SOC 1, SOC 2 / SSAE 16 / ISAE 3402 (formerly SAS 70 Type II), PCI Level 1, FISMA Moderate and Sarbanes-Oxley (SOX).
11. Privacy and data processing
The vendor warrants to keep the storage and processing of personally identifiable information in accordance with Act no. 90/2018 on privacy and handling of personal information.
The vendor undertakes to store and handle personally identifiable information within the provided software platform in accordance with the EU's General Data Protection Regulation (GDPR).
The Contracting Parties may disclose partnerships and utilize each other's promotional materials and trademarks. The Parties will endeavor to safeguard the interests of the other party in the marketing of the partnership.
This Agreement does not entail the transfer of copyright or any other intangible rights or assets from one Party to another.
The Parties to this Agreement shall maintain full confidentiality with respect to all data and information (hereinafter "Confidential Information"), written or oral, which they receive in connection with this Agreement and relating to the counterparty or its customers.
The vendor warrants that its employees will be informed of the above confidentiality and confidentiality obligations and that they will apply both while employees are working under this agreement and also after they cease to work for the vendor.
The vendor guarantees security to ensure that all confidential information is inaccessible to anyone other than those who have defined permission to access it.
The obligation of confidentiality and confidentiality under this Article shall be indefinitely and remains unchanged even though this Agreement has expired.
Vendor guarantees that the software has been developed, programmed, tested and recorded in the documentation in accordance with good development practices.
Vendor shall under no circumstances be liable for any consequential or indirect damages to the buyer, including loss due to loss of profits, loss of income, cessation of operations, lost data or business information.
If the vendor is found liable for damages to the customer, his liability shall be limited to the amount of the customer's total payment to the vendor for the services that were damaged in the last 6 (six) months before the loss occurred. However, the limitation of liability according to the above does not apply if the damage can be attributed to a large negligence or the intention of the vendor.
16. Access and uptime requirements
In early access we can not guarantee system access 24 hours, all days of the year with 99% uptime. We will strive to notify our customers in case there is any downtime in our services.
Any dispute arising from this Agreement shall be brought before the District Court of Reykjavík as court of first instance.