SkillBench Terms of Service

1. Definitions

“Authorized User” means a human employee, agent, independent contractor, or other individual authorized to access and use the Service. Authorized Users may not be bots or other autonomous or agentic agents or processes.

“Customer” means the organization that has authorized your access to the Service, if applicable.

“Customer Data” means data, content, or information that a Customer or its Authorized Users provide to, or enable collection or receipt by, the Service, including data obtained from Customer systems and Third-Party Services through integrations or APIs.

“Derived Data” means data or insights that are inferred, derived, de-identified, transformed, or aggregated from Customer Data and/or Usage Data, and that do not reasonably identify Customer, any Authorized User, or any other individual.

“SkillBench Analytics” means the data, insights, predictive skill analysis, task maps, skill curves, simulations, analyses, workflow classifications, scores, recommendations, and other analytics produced and made available through the Service, including in dashboards and individual Skill Profiles.

“Skill Profile” means SkillBench Analytics for a unique individual Authorized User, made available to that Authorized User, such as in an individual profile or account.

“Third-Party Services” means third-party products, services, platforms, applications, or integrations that you or Customer choose to connect to or use with the Service.

“Usage Data” means data about how the Service is accessed and used, such as log files, performance data, technical metadata, and interaction data generated by the Service or SkillBench’s systems in connection with providing the Service.

2. The Service

SkillBench provides a SaaS platform that helps users understand work patterns, AI usage, productivity behaviors, skill development, workflow composition, task timelines, and related insights.

The Service may display SkillBench Analytics, including summaries, workflow labels, scores, reflections, recommendations, task maps, skill curves, simulations, dashboards, and individual Skill Profiles.

The Service is intended to support reflection, productivity improvement, workflow analysis, and skill development. The Service is not intended to be used as the sole basis for employment, hiring, promotion, retention, disciplinary, compensation, legal, financial, or other high-impact decisions.

3. Account Access and Eligibility

You may use the Service only if you are legally permitted to do so and, where applicable, authorized by Customer.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not share your account with another person or allow another person, bot, autonomous agent, or automated process to access the Service using your account.

You must promptly notify SkillBench or your Customer administrator if you believe your account credentials have been compromised or if you become aware of unauthorized access to the Service.

4. Individual Skill Profiles

SkillBench may make an individual Skill Profile available to you through the Service or the SkillBench Platform.

Except as otherwise authorized by you or permitted under applicable law and governing agreements, your individual Skill Profile is accessible and visible only to you. Organizational dashboards made available to Customers are intended to use aggregated and de-identified SkillBench Analytics that do not reasonably identify individual Authorized Users.

Skill Profiles are designed to help you reflect on your workflows, skills, AI usage patterns, and opportunities for improvement.

5. AI-Assisted Features and AI-Generated Content

SkillBench uses artificial intelligence, machine learning, automated classification, natural language processing, Third-Party LLMs, and related technologies to provide and improve the Service.

The Service may use AI to generate or assist with summaries, workflow labels, scores, reflections, recommendations, task groupings, productivity insights, skill analysis, task maps, skill curves, simulations, and other SkillBench Analytics (“AI Outputs”).

AI Outputs may be inaccurate, incomplete, outdated, biased, or may not reflect the full context of your work. AI Outputs are provided for informational, reflective, productivity-support, and skill-development purposes only. They should not be treated as definitive facts, professional advice, or final evaluations.

You are responsible for reviewing and validating AI Outputs before relying on them. SkillBench does not guarantee that AI Outputs will be error-free, complete, fair, or suitable for any particular purpose.

SkillBench does not permit the Service to be used to make automated employment, hiring, promotion, retention, disciplinary, or compensation decisions.

6. No Third-Party LLM Model Training

SkillBench may use Third-Party LLMs and other service providers to provide and improve the Service.

SkillBench does not permit Third-Party LLMs to use transmitted data, including Customer Data, to train or improve their models or services. SkillBench has opted out of available model-training uses for Third-Party LLMs where applicable.

7. User Responsibilities

You agree that you will not, directly or indirectly:

1. Use the Service in violation of applicable law, regulation, contract, or third-party rights.
2. Access or use the Service unless you are authorized to do so.
3. Share your account or login credentials.
4. Use bots, autonomous agents, or automated processes as Authorized Users.
5. Reverse engineer, disassemble, decompile, decode, or attempt to derive the source code or underlying structure of the Service.
6. Modify, translate, reproduce, or create derivative works of the Service except as expressly permitted.
7. Rent, lease, lend, sell, sublicense, or otherwise make the Service available to third parties.
8. Interfere with or disrupt the integrity, security, availability, or performance of the Service.
9. Probe, scan, or attempt to penetrate the Service.
10. Scrape, harvest, or extract data from the Service using unauthorized tools or programs.
11. Use the Service to develop a similar or competing product or service.
12. Remove proprietary notices from the Service.
13. Use the Service in a way that infringes, misappropriates, or violates any intellectual property, privacy, publicity, contract, or other rights.
14. Provide data to the Service that you do not have the right to provide.
15. Use the Service as the sole basis for automated employment or other high-impact decisions.

8. Customer Data, Usage Data, Derived Data, and SkillBench Analytics

As between SkillBench and Customer, Customer owns Customer Data. As between SkillBench and you, you retain any rights you may have in content you provide to the Service, subject to Customer’s rights and any applicable agreement between you and Customer.

SkillBench may process Customer Data as necessary to provide, secure, support, and improve the Service.

SkillBench may collect and process Usage Data for business purposes, including security, analytics, service improvement, development, debugging, performance monitoring, and corrective purposes.

SkillBench may use Customer Data and Usage Data to generate Derived Data and SkillBench Analytics, provided that Derived Data does not reasonably identify Customer, any Authorized User, or any other individual.

SkillBench owns the Service, SkillBench Analytics, Usage Data, Derived Data, and all related intellectual property, subject to Customer’s rights in Customer Data and your rights in any content you provide.

9. Privacy, Notices, and Workplace Transparency

SkillBench’s collection and use of personal information is described in its Privacy Policy.

If you access the Service through Customer, Customer is responsible for providing required notices and obtaining required consents from employees, contractors, and other personnel whose personal data may be processed in connection with the Service. This may include notices required under privacy, data protection, employment, and workplace monitoring laws.

Where SkillBench processes personal data on behalf of Customer, SkillBench does so subject to its agreement with Customer, including any applicable data processing addendum.

10. Third-Party Services

You or Customer may choose to connect Third-Party Services to the Service. Your use of Third-Party Services is governed by the applicable third-party terms and policies.

SkillBench is not responsible for Third-Party Services, including their availability, security, functionality, or processing of data outside SkillBench’s control.

You represent that you have all necessary rights, permissions, and consents to connect Third-Party Services and enable the Service to access or process information from those Third-Party Services.

11. Beta Features

SkillBench may make features available that are identified as beta, preview, evaluation, experimental, or similar (“Beta Features”).

Beta Features are provided “as is,” without warranties, service-level commitments, or support obligations, and may be modified or discontinued at any time. Your use of Beta Features is at your own risk.

12. Ownership and Intellectual Property

SkillBench and its licensors retain all rights, title, and interest in and to the Service, including software, interfaces, graphics, design, code, dashboards, algorithms, templates, models, datasets, workflows, documentation, SkillBench Analytics, Usage Data, Derived Data, and all improvements, modifications, and derivative works.

Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

13. Feedback

If you provide feedback, suggestions, ideas, or recommendations about the Service (“Feedback”), you grant SkillBench an unrestricted, perpetual, irrevocable, fully paid, royalty-free, worldwide license to use, modify, incorporate, and otherwise exploit the Feedback in any manner, including in SkillBench’s products and services, without restriction or compensation.

14. Confidentiality

You may receive access to non-public information through the Service, including information about SkillBench, Customer, other users, workflows, systems, analytics, reports, or business operations.

You agree not to disclose confidential or proprietary information obtained through the Service unless authorized by the relevant owner or required by law.

15. Security

SkillBench implements reasonable technical and organizational measures designed to protect Customer Data against unauthorized or unlawful access, use, or disclosure, and against accidental loss, destruction, or damage.

No system is completely secure. You are responsible for protecting your credentials and using the Service securely.

Security concerns may be reported to security@skillbench.com.

16. Service Availability and Changes

SkillBench may modify, enhance, suspend, discontinue, or otherwise change the Service at any time, including features, dashboards, reports, SkillBench Analytics, scoring methods, workflow labels, AI-assisted features, and Skill Profiles.

SkillBench does not guarantee that the Service will be uninterrupted, error-free, or available at all times.

17. Disclaimers

THE SERVICE, INCLUDING SKILLBENCH ANALYTICS, SKILL PROFILES, AI OUTPUTS, BETA FEATURES, REPORTS, DASHBOARDS, RECOMMENDATIONS, SCORES, WORKFLOW LABELS, AND RELATED INSIGHTS, IS PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKILLBENCH DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

SKILLBENCH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT OUTPUTS WILL BE ACCURATE OR COMPLETE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKILLBENCH WILL NOT BE LIABLE FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR SIMILAR DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF SKILLBENCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKILLBENCH’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100), UNLESS A SEPARATE WRITTEN AGREEMENT PROVIDES OTHERWISE.

19. Suspension and Termination

SkillBench may suspend or terminate your access to the Service if SkillBench reasonably believes that:

1. You violated these Terms.
2. Your use creates security, legal, operational, or reputational risk.
3. You are no longer authorized by Customer to access the Service.
4. Suspension or termination is required by law, Customer instruction, or applicable agreement.

Upon termination, your right to access and use the Service will cease. Provisions that by their nature should survive will survive, including ownership, confidentiality, disclaimers, limitation of liability, and restrictions on use.

20. Data Export, Retention, and Deletion

If your access is provided through Customer, Customer’s agreement with SkillBench may govern data export, retention, and deletion.

SkillBench may retain Usage Data, Derived Data, and SkillBench Analytics after termination, provided that such data is retained in accordance with applicable law and governing agreements.

SkillBench may retain individual Skill Profiles on the SkillBench Platform, and Authorized Users may continue to have access to their individual Skill Profiles, subject to these Terms.

21. Governing Law and Venue

These Terms are governed by the laws of the State of California, excluding its conflicts-of-law rules.

Any legal action or proceeding arising under these Terms will be brought exclusively in the state or federal courts located in the Northern District of California, and you consent to the personal jurisdiction and venue of those courts.

22. Changes to These Terms

SkillBench may update these Terms from time to time. When we make material changes, we may provide notice by posting the updated Terms, updating the “Last Updated” date, or using another reasonable method.

Your continued use of the Service after updated Terms become effective means you accept the updated Terms.

23. Contact

For questions about these Terms, contact: