Terms of Use
INTRODUCTION
These Terms of Use (the “Terms” apply to your access and use of our mobile application “Skialrio” (the “App”), our websites (including but not limited to skilario.com), our blog, and all related services, features, materials, and content available for your use (collectively the “Service”) provided by Cherry Entertainment Limited, a private limited company, incorporated and registered in the Republic of Cyprus with company number HE347617, with its registered office at Prodromou 75, Oneworld Parkview House, Floor 4, 2063 Nicosia, Cyprus (“we”, “us”, “our” or the “Company”).
If you have any questions about the Terms or our Service, please contact us at support@skilario.com.
Depending on your location, selected payment method, or other relevant factors, access to the Service, particularly with respect to sales, billing, and payment processing, may be facilitated by Cherry Entertainment Limited or one of its authorized partners acting as the Merchant of Record.
These partners may include JSPARK STUDIOS INC., a company operating under the laws of Delaware, having its registered office situated at 131 Continental Dr, Suite 305, Newark, 19713, and county of New Castle, Delaware.
The Merchant of Record does not provide the Service, manage subscriptions, or assume any obligations related to the operation, support, or performance of the Service. Your contractual relationship remains solely with Cherry Entertainment Limited. Your rights and obligations under these Terms are unaffected by the designation of a Merchant of Record, and neither Cherry Entertainment Limited nor its partners shall be jointly liable for each other’s obligations unless expressly stated in these Terms.
These partners may include JSPARK STUDIOS INC., a company operating under the laws of Delaware, having its registered office situated at 131 Continental Dr, Suite 305, Newark, 19713, and county of New Castle, Delaware.
The Merchant of Record does not provide the Service, manage subscriptions, or assume any obligations related to the operation, support, or performance of the Service. Your contractual relationship remains solely with Cherry Entertainment Limited. Your rights and obligations under these Terms are unaffected by the designation of a Merchant of Record, and neither Cherry Entertainment Limited nor its partners shall be jointly liable for each other’s obligations unless expressly stated in these Terms.
IMPORTANT NOTICE REGARDING AUTOMATIC RENEWALS
THIS SERVICE INCLUDES AUTO-RENEWING SUBSCRIPTIONS. BY STARTING A TRIAL OR COMPLETING A PURCHASE, YOU AGREE THAT YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AT THE END OF EACH BILLING CYCLE UNLESS CANCELLED AT LEAST TWENTY-FOUR (24) HOURS BEFORE RENEWAL.
IF YOU DO NOT CANCEL IN TIME, THE APPLICABLE FEE WILL BE CHARGED TO YOUR CHOSEN PAYMENT METHOD. DELETING THE APP OR ACCOUNT DOES NOT CANCEL YOUR SUBSCRIPTION. TO STOP RENEWAL, YOU MUST CANCEL THROUGH YOUR ACCOUNT SETTINGS ON THE APP STORE, GOOGLE PLAY, OR OUR WEBSITE, DEPENDING ON WHERE YOU SUBSCRIBED.
FOR MORE DETAILS, SEE SECTION 6 – SUBSCRIPTION TERMS AND RENEWALS.
BINDING ARBITRATION AND DISPUTE RESOLUTION NOTICE
These Terms include a Binding Arbitration Provision in Section 18 that significantly impacts your legal rights. The arbitration provision mandates that any disputes or claims arising from or related to these Terms or our Service will be resolved exclusively through arbitration on an individual basis. Additional Key Provisions:CLASS ACTION WAIVER: Section 18 includes a waiver of your right to participate in class actions or other collective proceedings.
DISCLAIMERS OF WARRANTIES: Section 10 contains disclaimers regarding warranties related to our Service.LIMITATION OF LIABILITY: Section 11 outlines the limitations on our liability for damages or losses.It is essential that you carefully review all sections of these Terms to fully understand your rights and obligations. By accessing, downloading, installing, or using any part of our Service, you confirm that you have read, understood, and agreed to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING BUT NOT LIMITED TO BINDING ARBITRATION PROVISION), YOU MUST NOT ACCESS OR USE OUR SERVICE. CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ONGOING AGREEMENT TO THESE TERMS.
DISCLAIMERS OF WARRANTIES: Section 10 contains disclaimers regarding warranties related to our Service.LIMITATION OF LIABILITY: Section 11 outlines the limitations on our liability for damages or losses.It is essential that you carefully review all sections of these Terms to fully understand your rights and obligations. By accessing, downloading, installing, or using any part of our Service, you confirm that you have read, understood, and agreed to be bound by these Terms.
IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING BUT NOT LIMITED TO BINDING ARBITRATION PROVISION), YOU MUST NOT ACCESS OR USE OUR SERVICE. CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ONGOING AGREEMENT TO THESE TERMS.
CHANGES TO THESE TERMS
We may change, modify, or remove portions of these Terms at our sole discretion. If we make changes to these Terms, we may post the updated version within our Service and revise the “Effective Date” accordingly. At our discretion, we may also notify you of significant changes.If you do not agree with any updated Terms, you must stop using the Service, delete your Account, or cancel your subscription before the Effective Date. Your continued use after changes are implemented constitutes your acceptance of the updated Terms. We encourage you to regularly review these Terms for updates.
IMPORTANT DISCLAIMERS
For Informational and Educational Purposes Only. All Content is provided for general knowledge and entertainment purposes only. The Service does not constitute academic certification, professional advice, or formal education of any kind.
Not Accredited or Endorsed. The App is not affiliated with, accredited by, or endorsed by any educational institution, examination board, governmental authority, or professional body. Completion of any lesson, quiz, or learning plan does not confer any certificate, credential, qualification, or academic credit. Users seeking formal qualifications should engage with appropriately accredited institutions.
Personalised Learning Plans and Recommendations. The Service may generate customised learning plans or content suggestions based on your inputs, goals, quiz results, or in-app activity. These are generated by automated systems to enhance your experience. They are not a substitute for human educators, formal assessment tools, or tailored educational advice. The quality and relevance of recommendations may vary depending on your usage and the profile information you provide.
Quizzes and Interactive Features. Quizzes and interactive tools are designed to promote engagement and reinforce knowledge retention. Quiz performance does not reflect formal evaluation standards and should not be interpreted as an objective or standardised measure of academic proficiency or general ability. We do not warrant that quiz content is exhaustive, comprehensive, or free from error.
No Guaranteed Learning Outcomes. Using the Service may support your learning and cognitive development; however, we make no representations or guarantees regarding learning outcomes, knowledge retention, personal development, or the achievement of any specific educational goal. We do not guarantee that you will remain motivated or engaged throughout any learning plan. Educational progress varies based on individual learning styles, prior knowledge, preferences, and external factors beyond our control.
Health and Wellbeing. The Service is designed to be engaging and mentally stimulating. We make no representations regarding any impact on cognitive function, mental health, or general wellbeing. The Service is not a medical device and does not provide medical, psychological, or therapeutic advice. If you experience discomfort or adverse effects associated with use of the Service, please discontinue use and consult a qualified healthcare professional.
Not Accredited or Endorsed. The App is not affiliated with, accredited by, or endorsed by any educational institution, examination board, governmental authority, or professional body. Completion of any lesson, quiz, or learning plan does not confer any certificate, credential, qualification, or academic credit. Users seeking formal qualifications should engage with appropriately accredited institutions.
Personalised Learning Plans and Recommendations. The Service may generate customised learning plans or content suggestions based on your inputs, goals, quiz results, or in-app activity. These are generated by automated systems to enhance your experience. They are not a substitute for human educators, formal assessment tools, or tailored educational advice. The quality and relevance of recommendations may vary depending on your usage and the profile information you provide.
Quizzes and Interactive Features. Quizzes and interactive tools are designed to promote engagement and reinforce knowledge retention. Quiz performance does not reflect formal evaluation standards and should not be interpreted as an objective or standardised measure of academic proficiency or general ability. We do not warrant that quiz content is exhaustive, comprehensive, or free from error.
No Guaranteed Learning Outcomes. Using the Service may support your learning and cognitive development; however, we make no representations or guarantees regarding learning outcomes, knowledge retention, personal development, or the achievement of any specific educational goal. We do not guarantee that you will remain motivated or engaged throughout any learning plan. Educational progress varies based on individual learning styles, prior knowledge, preferences, and external factors beyond our control.
Health and Wellbeing. The Service is designed to be engaging and mentally stimulating. We make no representations regarding any impact on cognitive function, mental health, or general wellbeing. The Service is not a medical device and does not provide medical, psychological, or therapeutic advice. If you experience discomfort or adverse effects associated with use of the Service, please discontinue use and consult a qualified healthcare professional.
REGISTRATION AND ELIGIBILITY
Age Restrictions. Our Service is intended for individuals aged 18 or older, or the minimum age required by applicable law. We do not knowingly allow children to register for or use our Service. If you become aware that a child is using our Service in violation of these Terms, please contact us at support@skilario.com, and we will take necessary actions to address the issue.
Access to the Service. To use and fully access our Service, you may be required to create an account (“Account”). By doing so, you agree to provide accurate, current, and complete information and to promptly update any changes to your information. You are responsible for ensuring that all activities performed through your Account represent your own authentic use of the Service. You accept full responsibility for any actions or activities conducted under your Account, whether through your computer, mobile device, or other means. Your login credentials, including your username and password, are strictly for personal use and must be kept secure and confidential. Sharing your login credentials with others are expressly prohibited, and any breach of this obligation may result in suspension or termination of your Account.If you suspect unauthorized access to your Account or any security breach, you must notify us immediately at support@skilario.com.If you create an Account or use our Service on behalf of another person or entity, you confirm that you have the authority to accept these Terms on their behalf.
Access to the Service. To use and fully access our Service, you may be required to create an account (“Account”). By doing so, you agree to provide accurate, current, and complete information and to promptly update any changes to your information. You are responsible for ensuring that all activities performed through your Account represent your own authentic use of the Service. You accept full responsibility for any actions or activities conducted under your Account, whether through your computer, mobile device, or other means. Your login credentials, including your username and password, are strictly for personal use and must be kept secure and confidential. Sharing your login credentials with others are expressly prohibited, and any breach of this obligation may result in suspension or termination of your Account.If you suspect unauthorized access to your Account or any security breach, you must notify us immediately at support@skilario.com.If you create an Account or use our Service on behalf of another person or entity, you confirm that you have the authority to accept these Terms on their behalf.
SUBSCRIPTIONS
General Information
Certain features of the App are available exclusively through a paid subscription. We offer subscription plans on a weekly, monthly, and annual basis, as well as any other billing intervals we may introduce from time to time. Subscriptions may be purchased through the Apple App Store, Google Play, or directly through our website using the payment methods available at checkout, which may include credit and debit cards, PayPal, Apple Pay, and Google Pay.
We may offer promotional or discounted pricing from time to time. Unless expressly stated otherwise, any promotional rate applies to the initial billing period only. Your subscription does not entitle you to any features, functionality, or content not yet made available, and your purchase is not contingent on any future updates or releases.
Trial Subscriptions
Where a trial period is offered, this will be clearly communicated to you before you complete your purchase. The trial notice will state: (i) whether the trial is free or paid; (ii) the duration of the trial; (iii) the full subscription fee that will apply upon conversion; (iv) the exact date on which your payment method will first be charged; and (v) how to cancel before the trial ends. If no trial is stated at the point of purchase, your subscription begins and is charged immediately. We reserve the right to limit your eligibility for trial offers. If we determine that a trial is being accessed in a manner inconsistent with these Terms, we may cancel the trial and charge the applicable subscription fee immediately.
AUTOMATIC CONVERSION TO PAID SUBSCRIPTION:
UNLESS YOU CANCEL YOUR TRIAL AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE TRIAL PERIOD, YOUR SELECTED PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED THE APPLICABLE SUBSCRIPTION FEE DISPLAYED AT THE TIME OF PURCHASE. THE PAID SUBSCRIPTION WILL BEGIN IMMEDIATELY UPON THE TRIAL’S EXPIRATION AND WILL CONTINUE ON A RECURRING BASIS UNLESS CANCELLED IN ACCORDANCE WITH THESE TERMS.
Subscription Terms and Renewals
How renewal works. Your subscription renews automatically at the end of each billing cycle (weekly, monthly, annually, or as selected at purchase) unless you cancel before the renewal date in accordance with Section 6. By subscribing, you authorise us, or our merchant of record partner, where applicable, to charge your payment method for each renewal period at the then-current subscription fee without further action from you.
Renewal charge timing. The renewal charge will be processed within 24 hours before the end of the current billing period. A cancellation submitted less than 24 hours before a scheduled renewal may not take effect until after that renewal has been processed, in which case you will retain access through the end of the period for which you have been charged. This 24-hour limitation does not apply where you are exercising a statutory cancellation right that entitles you to cancel with immediate effect or to a refund.
Renewal reminders. Where required by applicable law, we will send you a reminder before your subscription renews. If you do not receive the required notice, please contact us at support@skilario.com before the renewal date.
Pricing and Fee Changes. We may change our subscription fees at any time. We will use reasonable efforts to notify you of any fee change before it takes effect. The updated fee will apply from the start of the next billing period following the change. If you do not accept the new fee, you must cancel your subscription before the start of that billing period to avoid being charged at the new rate. Promotional discounts apply to the initial payment only and do not affect subsequent renewal fees unless expressly stated.
Payment and Billing
Authorisation. By subscribing or completing a purchase, you authorise us, or our merchant of record partner, where applicable, to charge your selected payment method at checkout or, where a trial applies, at the end of the trial period, and to charge it again automatically at the start of each renewal period in accordance with Section 6. You represent and warrant that you are authorised to use the payment method you provide and agree to keep your billing information accurate and up to date.
Platform billing. If you purchase or activate a subscription through the Apple App Store or Google Play, all billing is handled directly by Apple or Google respectively. Charges will appear on your App Store or Google Play account statement. We do not have access to your payment details in these cases, and all billing questions relating to platform purchases must be directed to Apple or Google.
Website billing. If you purchase a subscription directly through our website, payment will be processed through our authorised payment processor or merchant of record partner using the method selected at checkout.
Failed payments. If your payment method is declined, expires, or is otherwise unavailable, we may suspend or terminate your access to the subscription or purchased content until valid billing details are provided. We may make reasonable attempts to retry the charge before suspending access.Validation charge. A small temporary charge may be applied to verify the validity of your payment method at the time of first use. This amount will be refunded promptly and will not be retained.
Payment Disputes. If you believe a billing charge is incorrect, you must notify us in writing at support@skilario.com within fourteen (14) calendar days from the transaction date. Failure to do so may result in forfeiture of your right to dispute the charge. Submitting a chargeback or payment dispute without first contacting us to resolve the issue may result in suspension or termination of your Account.
Refunds
Depending on your country of residence, you may have a statutory right to cancel your subscription within a specified period and receive a full or partial refund. These rights exist independently of and in addition to any contractual terms we set out, and nothing in these Terms limits or excludes them.If you are resident in an EU member state or United Kingdom, you have a 14-day withdrawal right from the date your contract is concluded. This right is lost only if all three of the following conditions are met: performance of the service has begun during the withdrawal period; you gave your prior express consent to early performance; and you acknowledged at the time of purchase that you would lose your withdrawal right upon performance beginning.
Where all three conditions are satisfied, we may apply a pro-rata deduction for the portion of the service already used before you exercised the right.
If you are resident in Brazil or Quebec, Canada, you have a 7-day cancellation right from the date of contracting.
If you are resident in Argentina, you have a 10-day withdrawal right from the date of contracting. You are entitled to a full refund.
If you are resident in Mexico, you may cancel your subscription at any time by using the immediate cancellation mechanism described in this Section.
If you are resident in California or Connecticut, you may cancel your subscription within three business days of the date of purchase and receive a full refund, provided there has been no material breach of these Terms on your part.
To exercise any of the statutory rights described above, please contact us at support@skilario.com or use the cancellation method applicable to your purchase as described in Section 6. We will process your request without undue delay and, where a refund is due, return the amount to your original payment method within the period required by the law of your jurisdiction.
App Store and Google Play purchases.
If you purchased your subscription through the Apple App Store or Google Play, all refund requests must be directed to Apple or Google respectively. Each platform manages all billing and refund decisions for purchases made through it independently of us, and we are not in a position to process or influence refunds for platform purchases. Please refer to Apple's or Google's own refund and support pages for the applicable process.
Website purchases. Outside of the statutory rights set out in Section 6, refunds for subscriptions purchased directly through our website are limited. A refund will be considered only where there is a confirmed technical fault: that is, where a verifiable fault on our part prevents the Service from functioning as described, and where that fault cannot be remedied within a reasonable period. To be assessed, you must provide us with sufficient technical detail to allow us to identify and reproduce the issue. We will only approve a refund once we have confirmed that the fault materially affects your ability to use the Service. Issues that are speculative, unverified, or that relate to features working as intended do not qualify. Your statutory rights are not affected by anything in this section. We do not offer refunds where you have changed your mind, where the subscription has not been used, or on the basis of dissatisfaction alone.
Refund processing.
Where a refund is approved, it will be credited to the payment method you used for the original transaction. Please allow up to 14 calendar days for the credit to appear in your account, as processing times vary depending on your bank or payment provider. Only one refund will be issued per transaction. If you have already received a refund from us in respect of a charge, you must not simultaneously or subsequently seek a chargeback or payment reversal from your bank or payment provider for the same amount. If a duplicate recovery is obtained, we are entitled to recover the excess.
Certain features of the App are available exclusively through a paid subscription. We offer subscription plans on a weekly, monthly, and annual basis, as well as any other billing intervals we may introduce from time to time. Subscriptions may be purchased through the Apple App Store, Google Play, or directly through our website using the payment methods available at checkout, which may include credit and debit cards, PayPal, Apple Pay, and Google Pay.
We may offer promotional or discounted pricing from time to time. Unless expressly stated otherwise, any promotional rate applies to the initial billing period only. Your subscription does not entitle you to any features, functionality, or content not yet made available, and your purchase is not contingent on any future updates or releases.
Trial Subscriptions
Where a trial period is offered, this will be clearly communicated to you before you complete your purchase. The trial notice will state: (i) whether the trial is free or paid; (ii) the duration of the trial; (iii) the full subscription fee that will apply upon conversion; (iv) the exact date on which your payment method will first be charged; and (v) how to cancel before the trial ends. If no trial is stated at the point of purchase, your subscription begins and is charged immediately. We reserve the right to limit your eligibility for trial offers. If we determine that a trial is being accessed in a manner inconsistent with these Terms, we may cancel the trial and charge the applicable subscription fee immediately.
AUTOMATIC CONVERSION TO PAID SUBSCRIPTION:
UNLESS YOU CANCEL YOUR TRIAL AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF THE TRIAL PERIOD, YOUR SELECTED PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED THE APPLICABLE SUBSCRIPTION FEE DISPLAYED AT THE TIME OF PURCHASE. THE PAID SUBSCRIPTION WILL BEGIN IMMEDIATELY UPON THE TRIAL’S EXPIRATION AND WILL CONTINUE ON A RECURRING BASIS UNLESS CANCELLED IN ACCORDANCE WITH THESE TERMS.
Subscription Terms and Renewals
How renewal works. Your subscription renews automatically at the end of each billing cycle (weekly, monthly, annually, or as selected at purchase) unless you cancel before the renewal date in accordance with Section 6. By subscribing, you authorise us, or our merchant of record partner, where applicable, to charge your payment method for each renewal period at the then-current subscription fee without further action from you.
Renewal charge timing. The renewal charge will be processed within 24 hours before the end of the current billing period. A cancellation submitted less than 24 hours before a scheduled renewal may not take effect until after that renewal has been processed, in which case you will retain access through the end of the period for which you have been charged. This 24-hour limitation does not apply where you are exercising a statutory cancellation right that entitles you to cancel with immediate effect or to a refund.
Renewal reminders. Where required by applicable law, we will send you a reminder before your subscription renews. If you do not receive the required notice, please contact us at support@skilario.com before the renewal date.
Pricing and Fee Changes. We may change our subscription fees at any time. We will use reasonable efforts to notify you of any fee change before it takes effect. The updated fee will apply from the start of the next billing period following the change. If you do not accept the new fee, you must cancel your subscription before the start of that billing period to avoid being charged at the new rate. Promotional discounts apply to the initial payment only and do not affect subsequent renewal fees unless expressly stated.
Payment and Billing
Authorisation. By subscribing or completing a purchase, you authorise us, or our merchant of record partner, where applicable, to charge your selected payment method at checkout or, where a trial applies, at the end of the trial period, and to charge it again automatically at the start of each renewal period in accordance with Section 6. You represent and warrant that you are authorised to use the payment method you provide and agree to keep your billing information accurate and up to date.
Platform billing. If you purchase or activate a subscription through the Apple App Store or Google Play, all billing is handled directly by Apple or Google respectively. Charges will appear on your App Store or Google Play account statement. We do not have access to your payment details in these cases, and all billing questions relating to platform purchases must be directed to Apple or Google.
Website billing. If you purchase a subscription directly through our website, payment will be processed through our authorised payment processor or merchant of record partner using the method selected at checkout.
Failed payments. If your payment method is declined, expires, or is otherwise unavailable, we may suspend or terminate your access to the subscription or purchased content until valid billing details are provided. We may make reasonable attempts to retry the charge before suspending access.Validation charge. A small temporary charge may be applied to verify the validity of your payment method at the time of first use. This amount will be refunded promptly and will not be retained.
Payment Disputes. If you believe a billing charge is incorrect, you must notify us in writing at support@skilario.com within fourteen (14) calendar days from the transaction date. Failure to do so may result in forfeiture of your right to dispute the charge. Submitting a chargeback or payment dispute without first contacting us to resolve the issue may result in suspension or termination of your Account.
Refunds
Depending on your country of residence, you may have a statutory right to cancel your subscription within a specified period and receive a full or partial refund. These rights exist independently of and in addition to any contractual terms we set out, and nothing in these Terms limits or excludes them.If you are resident in an EU member state or United Kingdom, you have a 14-day withdrawal right from the date your contract is concluded. This right is lost only if all three of the following conditions are met: performance of the service has begun during the withdrawal period; you gave your prior express consent to early performance; and you acknowledged at the time of purchase that you would lose your withdrawal right upon performance beginning.
Where all three conditions are satisfied, we may apply a pro-rata deduction for the portion of the service already used before you exercised the right.
If you are resident in Brazil or Quebec, Canada, you have a 7-day cancellation right from the date of contracting.
If you are resident in Argentina, you have a 10-day withdrawal right from the date of contracting. You are entitled to a full refund.
If you are resident in Mexico, you may cancel your subscription at any time by using the immediate cancellation mechanism described in this Section.
If you are resident in California or Connecticut, you may cancel your subscription within three business days of the date of purchase and receive a full refund, provided there has been no material breach of these Terms on your part.
To exercise any of the statutory rights described above, please contact us at support@skilario.com or use the cancellation method applicable to your purchase as described in Section 6. We will process your request without undue delay and, where a refund is due, return the amount to your original payment method within the period required by the law of your jurisdiction.
App Store and Google Play purchases.
If you purchased your subscription through the Apple App Store or Google Play, all refund requests must be directed to Apple or Google respectively. Each platform manages all billing and refund decisions for purchases made through it independently of us, and we are not in a position to process or influence refunds for platform purchases. Please refer to Apple's or Google's own refund and support pages for the applicable process.
Website purchases. Outside of the statutory rights set out in Section 6, refunds for subscriptions purchased directly through our website are limited. A refund will be considered only where there is a confirmed technical fault: that is, where a verifiable fault on our part prevents the Service from functioning as described, and where that fault cannot be remedied within a reasonable period. To be assessed, you must provide us with sufficient technical detail to allow us to identify and reproduce the issue. We will only approve a refund once we have confirmed that the fault materially affects your ability to use the Service. Issues that are speculative, unverified, or that relate to features working as intended do not qualify. Your statutory rights are not affected by anything in this section. We do not offer refunds where you have changed your mind, where the subscription has not been used, or on the basis of dissatisfaction alone.
Refund processing.
Where a refund is approved, it will be credited to the payment method you used for the original transaction. Please allow up to 14 calendar days for the credit to appear in your account, as processing times vary depending on your bank or payment provider. Only one refund will be issued per transaction. If you have already received a refund from us in respect of a charge, you must not simultaneously or subsequently seek a chargeback or payment reversal from your bank or payment provider for the same amount. If a duplicate recovery is obtained, we are entitled to recover the excess.
CANCELLATION POLICY
IMPORTANT: UNINSTALLING THE APP OR DELETING YOUR ACCOUNT DOES NOT CANCEL YOUR SUBSCRIPTION. RECURRING CHARGES WILL CONTINUE UNTIL YOU ACTIVELY CANCEL AUTO-RENEWAL USING ONE OF THE METHODS BELOW. YOU MUST CANCEL BEFORE THE START OF YOUR NEXT BILLING PERIOD TO AVOID BEING CHARGED FOR THAT PERIOD.
To avoid being charged for the next billing cycle, you must cancel your subscription before the current billing period ends. Where you are exercising a statutory right, the cancellation rules specific to your jurisdiction apply, and you may be entitled to cancel with immediate effect or with a refund regardless of where you are in the billing cycle.
Website subscriptions. You may cancel a subscription purchased through our website by either of the following methods:
Both methods are available 24 hours a day, 7 days a week.
For App Store Purchases: If you subscribed or started a trial through the App Store, manage your subscription settings within your Apple Account. Ensure cancellation is completed at least 24 hours before the trial or current subscription term ends. For more information, visit Apple’s support page on managing subscriptions.
For Google Play Purchases: If you subscribed or started a trial through Google Play, manage your subscription settings within your Google Account. Cancellation must be done at least 24 hours before the trial or current subscription term ends. Learn more about managing subscriptions on Google’s support page.
Argentina — ARREPENTIMIENTO right. If you are resident in Argentina, you may exercise your 10-day withdrawal right at any time within 10 days of contracting by using the clearly labelled withdrawal mechanism available on our homepage, by submitting a request via support@skilario.com, or by accessing the Ventanilla Única Federal de Defensa del Consumidor at this link.
The withdrawal button is accessible at all times without requiring you to log in.EU and UK — withdrawal button. If you are resident in an EU member state or the United Kingdom, a withdrawal mechanism is accessible throughout the statutory withdrawal period and is labelled clearly as a cancellation or withdrawal option. You may use it at any time during the 14-day period referred to in Section 6 without needing to provide a reason. To exercise your right of withdrawal, where applicable, you must send an unequivocal statement of your intention to withdraw from the contract (i.e., these Terms). This can be done by:submitting your notice via our online contact form at support@skilario.com; sending a written notice by post to one of the following addresses:
Cherry Entertainment Limited, Prodromou, 75, Oneworld Parkview House, Floor 4, 2063, Nicosia, Cyprus
JSPARK STUDIOS INC., 131 Continental Dr, Suite 305, Newark, 19713, and county of New Castle, Delaware
Your withdrawal notice must be sent no later than 24 hours before the expiration of the withdrawal period. Unless otherwise waived, the withdrawal period expires 14 days from the day you entered into the contract. While not mandatory, you may use the following template to exercise your right of withdrawal:
I/we* hereby withdraw from the contract concluded by me/us* for the purchase of the following goods*/the provision of the following service*:
Ordered on*/received on*:
Name of the consumer(s):
Address of the consumer(s):
Date:
*Delete as applicable.
To avoid being charged for the next billing cycle, you must cancel your subscription before the current billing period ends. Where you are exercising a statutory right, the cancellation rules specific to your jurisdiction apply, and you may be entitled to cancel with immediate effect or with a refund regardless of where you are in the billing cycle.
Website subscriptions. You may cancel a subscription purchased through our website by either of the following methods:
- In-account cancellation: Log in to your account → open the Web Profile → navigate to the Subscriptions tab → select “Turn off auto-renewal”
- By request: Submit a cancellation request via our contact form at support@skilario.com. We will confirm receipt and process your cancellation promptly.
Both methods are available 24 hours a day, 7 days a week.
For App Store Purchases: If you subscribed or started a trial through the App Store, manage your subscription settings within your Apple Account. Ensure cancellation is completed at least 24 hours before the trial or current subscription term ends. For more information, visit Apple’s support page on managing subscriptions.
For Google Play Purchases: If you subscribed or started a trial through Google Play, manage your subscription settings within your Google Account. Cancellation must be done at least 24 hours before the trial or current subscription term ends. Learn more about managing subscriptions on Google’s support page.
Argentina — ARREPENTIMIENTO right. If you are resident in Argentina, you may exercise your 10-day withdrawal right at any time within 10 days of contracting by using the clearly labelled withdrawal mechanism available on our homepage, by submitting a request via support@skilario.com, or by accessing the Ventanilla Única Federal de Defensa del Consumidor at this link.
The withdrawal button is accessible at all times without requiring you to log in.EU and UK — withdrawal button. If you are resident in an EU member state or the United Kingdom, a withdrawal mechanism is accessible throughout the statutory withdrawal period and is labelled clearly as a cancellation or withdrawal option. You may use it at any time during the 14-day period referred to in Section 6 without needing to provide a reason. To exercise your right of withdrawal, where applicable, you must send an unequivocal statement of your intention to withdraw from the contract (i.e., these Terms). This can be done by:submitting your notice via our online contact form at support@skilario.com; sending a written notice by post to one of the following addresses:
Cherry Entertainment Limited, Prodromou, 75, Oneworld Parkview House, Floor 4, 2063, Nicosia, Cyprus
JSPARK STUDIOS INC., 131 Continental Dr, Suite 305, Newark, 19713, and county of New Castle, Delaware
Your withdrawal notice must be sent no later than 24 hours before the expiration of the withdrawal period. Unless otherwise waived, the withdrawal period expires 14 days from the day you entered into the contract. While not mandatory, you may use the following template to exercise your right of withdrawal:
I/we* hereby withdraw from the contract concluded by me/us* for the purchase of the following goods*/the provision of the following service*:
Ordered on*/received on*:
Name of the consumer(s):
Address of the consumer(s):
Date:
*Delete as applicable.
YOUR USE OF THE SERVICE
Your Representations and Warranties.
By accessing or using the Service, you represent, warrant and agree that:
Your Prohibited Use of Service. You agree not to use the Service, directly or indirectly, for any unlawful, unauthorized, or improper purpose, or in any manner that violates these Terms, applicable law, or the rights of others. Without limitation, you are strictly prohibited from engaging in any of the following activities:
By accessing or using the Service, you represent, warrant and agree that:
- You have the full legal right, power, and capacity to enter into, accept, and comply with these Terms and to use the Service lawfully in your jurisdiction. If you access the Service on behalf of an organization or entity, you represent that you have the authority to bind that entity to these Terms.
- You are at least eighteen (18) years of age or the age of legal majority in your jurisdiction, whichever is higher. Parents and legal guardians remain responsible for monitoring and supervising minor users.
- All information, registration data, and payment detail you provide to us in connection with your use of the Service are true, accurate, current, and complete. You agree to promptly update such information as necessary to maintain its accuracy.
- You will use the Service, including all Content and features, solely for lawful, personal, and non-commercial entertainment purposes and in accordance with these Terms. You will not use the Service for any unlawful, misleading, fraudulent, or unauthorized purposes, and your use will at all times comply with applicable local, national, and international laws and regulations.
- You will not misuse, copy, distribute, or otherwise exploit the Service or any audiovisual works, software, or proprietary materials provided by us or third parties. You acknowledge that the Service contains copyrighted and protected works, and you will use them only as expressly permitted under these Terms.
- You confirm that you are not: (a) located in, under the control of, or a national or resident of any country subject to comprehensive U.S., UK, or EU sanctions; (b) listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Department of the Treasury’s Specially Designated Nationals (SDN) list, the Denied Persons List, or the Entity List maintained by the U.S. Department of Commerce; or (c) designated under the UK Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010) or any equivalent sanctions or asset-freezing legislation in any applicable jurisdiction.
- You agree to comply with all applicable export, re-export, and transfer control laws and regulations, including those of the United States, the European Union, and the United Kingdom, as well as any other relevant jurisdiction. This includes restrictions on the distribution of software, digital content, technology, and services derived from or related to the Service.
- You understand that the availability, stability, and performance of the Service may depend on third-party app distribution platforms, such as the Apple App Store and Google Play Store (collectively, “App Stores”). You agree to comply with all applicable App Store terms, conditions, and policies, and to pay any fees or charges required by the App Store for use of the Service. The App Stores and their affiliates are expressly recognized as third-party beneficiaries of these Terms and may enforce them to the extent necessary to protect their rights.
- You acknowledge and accept that your use of the Service is at your sole risk and responsibility. You are solely responsible for ensuring that your device, Internet connection, and account activity comply with these Terms and applicable laws.
Your Prohibited Use of Service. You agree not to use the Service, directly or indirectly, for any unlawful, unauthorized, or improper purpose, or in any manner that violates these Terms, applicable law, or the rights of others. Without limitation, you are strictly prohibited from engaging in any of the following activities:
- using the Service, its Content, User Content or any portion thereof to develop, operate, assist in, or promote any product, service, platform, or software that competes with, replicates, or substitutes the Service, including the redistribution, streaming, or resale of any audiovisual content made available through it.
- engaging in any activity that may damage, disable, interfere with, disrupt, or impair the performance, availability, or functionality of the Service, its servers, networks, or supporting systems, or that may negatively affect the experience of other users.
- conducting or facilitating any fraudulent, deceptive, or malicious activity, including uploading or disseminating malware, spyware, viruses, worms, trojan horses, corrupted data, or any other harmful code intended to damage or disrupt the Service, its users, or third parties.
- attempting to gain unauthorized access to any portion of the Service, user accounts, or related systems; probing, scanning, or testing the vulnerability of the Service or its security measures; or attempting to bypass, disable, modify, or interfere with any authentication, access control, or digital rights management (DRM) features.copying, reproducing, distributing, displaying, performing, translating, adapting, modifying, or creating derivative works based on the Service, its software, or any audiovisual or digital content, except as expressly permitted under these Terms or by prior written authorization from us.
- using the Service, its Content, User Content, or any related features for commercial gain, promotional campaigns, or advertising purposes, including the resale, sublicensing, or redistribution of content, without our prior written consent.
- embedding, mirroring, framing, or deep-linking to any portion of the Service or its Content within another website, app, or platform without our express authorization.removing, obscuring, or altering any copyright, trademark, digital signature, watermark, or other proprietary notices displayed on or within the Service, its Content, or associated materials.
- uploading, posting, transmitting, or sharing any User Content that is unlawful, defamatory, obscene, violent, harassing, hateful, invasive of privacy, infringing on intellectual property or publicity rights, or otherwise objectionable, as determined by us in our sole discretion.
- engaging in or facilitating any text or data mining, scraping, automated access, or collection of data from the Service, whether for personal, academic, or commercial purposes. This prohibition includes, but is not limited to, the use of robots, spiders, scrapers, or similar automated tools, programs, algorithms, or processes to access, extract, monitor, or copy any part of the Service or its Content; or analyse or compile information to derive insights, metrics, or analytics. This clause constitutes an express reservation of our rights regarding data mining and scraping. Where applicable law restricts the exclusion of such activities, this clause applies to the maximum extent permitted by law.
- using VPNs, proxies, or other methods to circumvent geographic restrictions, subscription limitations, licensing boundaries, or payment systems that control access to Content or Service features.
- sharing, sublicensing, renting, leasing, assigning, or otherwise transferring your account, or any other access credentials to others, whether for consideration or otherwise.
Right to Refuse or Terminate Access.
We reserve the right, at our sole discretion, to refuse, restrict, suspend, or terminate your access to the Service, in whole or in part, at any time and without prior notice, if we determine that: (a) any information you have provided is false, inaccurate, outdated, or incomplete; (b) you have violated or are reasonably suspected of violating these Terms, applicable laws, or the rights of any third party; (c) your conduct may harm us, our affiliates, users, or partners; or (d) your use of the Service poses a security, operational, reputational, or legal risk.
We further reserve the right to refuse the creation of new accounts or to block access from specific devices, IP addresses, or user credentials to protect the integrity and security of the Service. You agree that we shall not be liable to you or to any third party for any suspension, restriction, or termination of your access to the Service, including for any resulting loss of data, Content, User Content or subscription value.
Termination or suspension shall not limit or affect any other remedies available to us under applicable law or equity.
We reserve the right, at our sole discretion, to refuse, restrict, suspend, or terminate your access to the Service, in whole or in part, at any time and without prior notice, if we determine that: (a) any information you have provided is false, inaccurate, outdated, or incomplete; (b) you have violated or are reasonably suspected of violating these Terms, applicable laws, or the rights of any third party; (c) your conduct may harm us, our affiliates, users, or partners; or (d) your use of the Service poses a security, operational, reputational, or legal risk.
We further reserve the right to refuse the creation of new accounts or to block access from specific devices, IP addresses, or user credentials to protect the integrity and security of the Service. You agree that we shall not be liable to you or to any third party for any suspension, restriction, or termination of your access to the Service, including for any resulting loss of data, Content, User Content or subscription value.
Termination or suspension shall not limit or affect any other remedies available to us under applicable law or equity.
LIMITED LICENCE TO THE SERVICE
Ownership of Service and Content.
The Service together with all audiovisual works, text, images, graphics, video, music, data, logos, trademarks, trade names, service marks, layouts, designs, advertising materials, software, source and object code, databases, user interfaces, compilations, and the overall “look and feel” of the Service, whether produced by the us, licenced from third parties, or otherwise made available through the Service (collectively, the “Content”), are and shall remain the exclusive property of Cherry Entertainment Limited or its licensors. Except for the limited licence expressly granted under these Terms, no right, title, or interest in or to the Service or the Content is transferred or otherwise granted to you, whether by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved by us and our licensors.
Licence to Use the Service. Subject to your full compliance with these Terms and all applicable laws, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Service and its Content strictly for your personal, non-commercial entertainment purposes. This licence permits you to access the Content made available through your Account in accordance with the access rules of the Service. The licence does not grant ownership of any Content does not permit resale, redistribution, public performance, or any commercial exploitation of the Service or Content.
The Service together with all audiovisual works, text, images, graphics, video, music, data, logos, trademarks, trade names, service marks, layouts, designs, advertising materials, software, source and object code, databases, user interfaces, compilations, and the overall “look and feel” of the Service, whether produced by the us, licenced from third parties, or otherwise made available through the Service (collectively, the “Content”), are and shall remain the exclusive property of Cherry Entertainment Limited or its licensors. Except for the limited licence expressly granted under these Terms, no right, title, or interest in or to the Service or the Content is transferred or otherwise granted to you, whether by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved by us and our licensors.
Licence to Use the Service. Subject to your full compliance with these Terms and all applicable laws, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Service and its Content strictly for your personal, non-commercial entertainment purposes. This licence permits you to access the Content made available through your Account in accordance with the access rules of the Service. The licence does not grant ownership of any Content does not permit resale, redistribution, public performance, or any commercial exploitation of the Service or Content.
USER CONTENT
Ownership of User Content. You retain all rights, title, and interest in and to any content, materials, or communications you create, upload, post, transmit, or otherwise make available through the Service (“User Content”). User Content includes, without limitation, text, comments, messages, feedback, reviews, images, audio or video materials, and any other materials you contribute. By submitting User Content, you represent and warrant that you are the creator and sole owner of such content, or that you have obtained all necessary licences, rights, consents, and permissions to grant the rights described in these Terms without violating or infringing any third party’s intellectual property, privacy, or moral rights. We do not claim ownership of your User Content. However, by submitting or making User Content available through the Service, you acknowledge that other users may view, interact with, or share your User Content subject to the functionality of the Service and your privacy settings.
Licence Grant. By submitting or making available any User Content, you grant us, its affiliates, sublicencees, successors, and assigns a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable licence to use, reproduce, modify, adapt, translate, publish, distribute, publicly display, perform, and create derivative works from your User Content in any form, media, or technology, whether now known or hereafter developed. This licence includes the right to use your name, username, likeness, and any other identifying information associated with your User Content in connection with its lawful use and operation of the Service, including for promotional, marketing, and improvement purposes. Personal data, as defined under applicable privacy laws, is expressly excluded from the scope of this licence, if applicable, and will be handled in accordance with our Privacy Policy.
Acknowledgement and Relationship. You acknowledge that submitting User Content does not create any confidential, fiduciary, employment, agency, or partnership relationship between you and us. We are under no obligation to treat any User Content as confidential or to compensate you for its use, unless expressly required by applicable law. By submitting User Content, you waive any claims of moral rights or rights of attribution, to the extent permissible by law, and consent to our lawful use of the content as described herein.
Content Moderation and Removal. We do not actively monitor all User Content and assumes no responsibility for its accuracy, legality, quality, or integrity. You acknowledge that you may encounter User Content that is offensive, indecent, or otherwise objectionable. Your use of the Service is at your own risk, and you bear all responsibility for evaluating any User Content you access. We reserve the right, at its sole discretion and without notice, to review, remove, edit, restrict access to, or disable any User Content for any reason or no reason, including where it violates these Terms, infringes rights, or is otherwise deemed inappropriate, harmful, or unlawful. We are not obligated to restore or retain any removed User Content, and assumes no liability for any loss or damage resulting from its removal. If you believe that any User Content violates these Terms or applicable law, you may report it by contacting support@skilario.com.
Licence Revocation. If you wish to revoke the licence for specific User Content, you may contact us at support@skilario.com and identify the material in question. Upon verification, we will take reasonable steps to remove and cease use of the specified content, subject to technical feasibility, legal requirements, and the continued operation of the Service. However, any prior uses, sublicences, or distributions of your User Content made before revocation will not be affected, and we may retain copies as reasonably necessary for operational, legal, or archival purposes as permitted under these Terms and applicable law.
Feedback. If you post or submit any review, comment, testimonial, or rating (“Review”) about the Service on any platform, including app stores, social media, or directly to us, you grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from such Reviews for any lawful purpose, including marketing, advertising, product improvement, or public relations, without notice or compensation. We are not obligated to use, maintain, or display any Review and may edit or remove Reviews at its discretion.
Licence Grant. By submitting or making available any User Content, you grant us, its affiliates, sublicencees, successors, and assigns a non-exclusive, worldwide, royalty-free, sublicensable, transferable, perpetual, and irrevocable licence to use, reproduce, modify, adapt, translate, publish, distribute, publicly display, perform, and create derivative works from your User Content in any form, media, or technology, whether now known or hereafter developed. This licence includes the right to use your name, username, likeness, and any other identifying information associated with your User Content in connection with its lawful use and operation of the Service, including for promotional, marketing, and improvement purposes. Personal data, as defined under applicable privacy laws, is expressly excluded from the scope of this licence, if applicable, and will be handled in accordance with our Privacy Policy.
Acknowledgement and Relationship. You acknowledge that submitting User Content does not create any confidential, fiduciary, employment, agency, or partnership relationship between you and us. We are under no obligation to treat any User Content as confidential or to compensate you for its use, unless expressly required by applicable law. By submitting User Content, you waive any claims of moral rights or rights of attribution, to the extent permissible by law, and consent to our lawful use of the content as described herein.
Content Moderation and Removal. We do not actively monitor all User Content and assumes no responsibility for its accuracy, legality, quality, or integrity. You acknowledge that you may encounter User Content that is offensive, indecent, or otherwise objectionable. Your use of the Service is at your own risk, and you bear all responsibility for evaluating any User Content you access. We reserve the right, at its sole discretion and without notice, to review, remove, edit, restrict access to, or disable any User Content for any reason or no reason, including where it violates these Terms, infringes rights, or is otherwise deemed inappropriate, harmful, or unlawful. We are not obligated to restore or retain any removed User Content, and assumes no liability for any loss or damage resulting from its removal. If you believe that any User Content violates these Terms or applicable law, you may report it by contacting support@skilario.com.
Licence Revocation. If you wish to revoke the licence for specific User Content, you may contact us at support@skilario.com and identify the material in question. Upon verification, we will take reasonable steps to remove and cease use of the specified content, subject to technical feasibility, legal requirements, and the continued operation of the Service. However, any prior uses, sublicences, or distributions of your User Content made before revocation will not be affected, and we may retain copies as reasonably necessary for operational, legal, or archival purposes as permitted under these Terms and applicable law.
Feedback. If you post or submit any review, comment, testimonial, or rating (“Review”) about the Service on any platform, including app stores, social media, or directly to us, you grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from such Reviews for any lawful purpose, including marketing, advertising, product improvement, or public relations, without notice or compensation. We are not obligated to use, maintain, or display any Review and may edit or remove Reviews at its discretion.
WARRANTY DISCLAIMER
THE SERVICE, INCLUDING THE MOBILE APPLICATION, WEBSITE, AND ALL RELATED CONTENT, FEATURES, AND FUNCTIONALITY, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHERRY ENTERTAINMENT LIMITED DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.NEITHER THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR SUPPLIERS MAKES ANY WARRANTY OR REPRESENTATION THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR CONTINUOUSLY AVAILABLE AT ANY SPECIFIC TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE IDENTIFIED OR CORRECTED; THAT THE SERVICE OR ITS CONTENT WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; THAT THE RESULTS OF USING THE SERVICE WILL MEET YOUR EXPECTATIONS; OR THAT ANY CONTENT, INFORMATION, OR COMMUNICATION PROVIDED BY THIRD PARTIES OR OTHER USERS THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE. YOUR USE OF THE SERVICE AND RELIANCE ON ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY, SUSPEND, UPDATE, OR DISCONTINUE THE SERVICE OR ANY PART THEREOF, INCLUDING ANY CONTENT, FEATURES, OR FUNCTIONALITY, AT ANY TIME WITHOUT PRIOR NOTICE. WE ASSUME NO LIABILITY FOR ANY DISRUPTION, LOSS, OR DAMAGE RESULTING FROM SUCH ACTIONS. WE DO NOT WARRANT THAT ANY CONTENT OR USER CONTENT MADE AVAILABLE THROUGH THE SERVICE WILL BE SUITABLE FOR ALL AUDIENCES, REMAIN AVAILABLE FOR ANY PARTICULAR DURATION, OR BE ACCESSIBLE IN ALL JURISDICTIONS OR ON ALL DEVICES. AVAILABILITY MAY VARY DEPENDING ON REGION, LICENSING RESTRICTIONS, OR THIRD-PARTY PLATFORM LIMITATIONS.
You are solely responsible for your interactions with other users of the Service and for any reliance on Content or User Content accessed through it. We expressly disclaim all liability arising from disputes, damages, losses, or claims of any kind resulting from such interactions or from reliance on information provided by other users.
Consumer Rights. For consumers in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, the Service will conform to the agreed description, functionality, and performance at the time of purchase or download, including compatibility with your device. We will provide necessary updates, including security updates, as required by EU laws, and you are responsible for installing these updates promptly. Failure to install updates may impair the Service’s performance, and we are not liable for resulting issues. If the Service does not conform to these Terms, you have the right to request defect correction within a reasonable time or, if the issue persists, to receive a price reduction or refund. You agree to cooperate by providing necessary information about your digital environment to resolve issues. Liability for defects is valid for the legally required duration under EU consumer protection laws.
Limitations by Jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties or certain damages. In such cases, the disclaimers and limitations in these Terms will apply to the fullest extent permitted by law.
You are solely responsible for your interactions with other users of the Service and for any reliance on Content or User Content accessed through it. We expressly disclaim all liability arising from disputes, damages, losses, or claims of any kind resulting from such interactions or from reliance on information provided by other users.
Consumer Rights. For consumers in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, the Service will conform to the agreed description, functionality, and performance at the time of purchase or download, including compatibility with your device. We will provide necessary updates, including security updates, as required by EU laws, and you are responsible for installing these updates promptly. Failure to install updates may impair the Service’s performance, and we are not liable for resulting issues. If the Service does not conform to these Terms, you have the right to request defect correction within a reasonable time or, if the issue persists, to receive a price reduction or refund. You agree to cooperate by providing necessary information about your digital environment to resolve issues. Liability for defects is valid for the legally required duration under EU consumer protection laws.
Limitations by Jurisdiction. Some jurisdictions do not allow the exclusion or limitation of implied warranties or certain damages. In such cases, the disclaimers and limitations in these Terms will apply to the fullest extent permitted by law.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, TOGETHER WITH ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, AND DATA PROVIDERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT; (B) ANY INTERRUPTION, SUSPENSION, MODIFICATION, OR DISCONTINUATION OF THE SERVICE OR ANY PART THEREOF; (C) ERRORS, INACCURACIES, OR OMISSIONS IN ANY CONTENT; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR ACCOUNT; (E) ANY VIRUSES, MALWARE, OR HARMFUL COMPONENTS TRANSMITTED THROUGH THE SERVICE; (F) ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD PARTY ON OR THROUGH THE SERVICE; OR (G) ANY USER CONTENT, OR TRANSACTIONS CONDUCTED THROUGH OR IN CONNECTION WITH THE SERVICE.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.NOTHING IN THESE TERMS SHALL OPERATE TO EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY FOR ACCESS TO THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.NOTHING IN THESE TERMS SHALL OPERATE TO EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.
CALIFORNIA RELEASE AND WAIVER
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT:“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS A MATERIAL PART OF THE CONSIDERATION FOR YOUR USE OF THE SERVICE. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN, UNANTICIPATED, OR UNSUSPECTED, AND YOU VOLUNTARILY ASSUME THE RISK THAT SUCH CLAIMS MAY EXIST OR MAY ARISE IN THE FUTURE.
IF YOU ARE A RESIDENT OF CALIFORNIA, YOU EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT:“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS A MATERIAL PART OF THE CONSIDERATION FOR YOUR USE OF THE SERVICE. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN, UNANTICIPATED, OR UNSUSPECTED, AND YOU VOLUNTARILY ASSUME THE RISK THAT SUCH CLAIMS MAY EXIST OR MAY ARISE IN THE FUTURE.
INDEMNITY
You agree to indemnify, defend, and hold harmless us, its affiliates, officers, directors, employees, agents, licensors, partners, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Service, any Content, User Content you submit, or any violation of these Terms, applicable laws, or third-party rights. This includes any actions or omissions by persons accessing the Service through your account or device. You agree to cooperate fully with us in the defence of any such matter and not to settle any claim without our prior written consent. We reserve the right, at its own expense, to assume exclusive control of any claim subject to indemnification, in which case you shall continue to provide reasonable assistance as requested.
THIRD-PARTY SERVICES
The Service may display, integrate, or provide access to third-party websites, applications, advertisements, content, software, or other materials (“Third-Party Services”). This includes external links, embedded video or promotional content, in-app advertising, sponsored materials, social-media integrations, and user-generated materials supplied by third parties. While such features may appear within or in connection with the Service, we do not own, control, endorse, or assume responsibility for any Third-Party Services, their content, policies, or practices.
Your access to or use of any Third-Party Services is entirely voluntary and undertaken at your own risk. You acknowledge that we do not guarantee, verify, or represent the accuracy, reliability, legality, or quality of any third-party content or materials, which may at times be outdated, offensive, misleading, or otherwise objectionable. Any interactions, transactions, or agreements you enter into with third parties, including purchases, payments, subscriptions, or exchanges of information, are solely between you and the applicable third party. We have no control over and assumes no liability for any goods, services, data-processing practices, or representations made by third parties.
The Service may also include links, banners, or frames leading to external sites, as well as advertisements or sponsored content presented in various formats. Clicking on third-party links or engaging with promotional materials does not constitute or imply any endorsement, partnership, or affiliation between us and the third party. The scope, placement, and appearance of advertisements or sponsored content may change without prior notice. It is your responsibility to review and comply with the terms of service, privacy policies, and data-collection practices of any Third-Party Service before using or relying on it.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, DATA COMPROMISE, OR HARM ARISING FROM OR RELATED TO YOUR ACCESS TO OR RELIANCE ON THIRD-PARTY SERVICES, INCLUDING ANY MALFUNCTION, MALWARE, OR DECEPTIVE CONDUCT ASSOCIATED WITH EXTERNAL CONTENT. WE DO NOT MONITOR OR VET THIRD-PARTY MATERIALS AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THEIR SUITABILITY OR SECURITY.
If you encounter third-party content that is harmful, unlawful, or offensive, you may report it to us at support@skilario.com. We may, at our sole discretion and where legally required, review or remove access to reported third-party materials but is under no obligation to do so
Your access to or use of any Third-Party Services is entirely voluntary and undertaken at your own risk. You acknowledge that we do not guarantee, verify, or represent the accuracy, reliability, legality, or quality of any third-party content or materials, which may at times be outdated, offensive, misleading, or otherwise objectionable. Any interactions, transactions, or agreements you enter into with third parties, including purchases, payments, subscriptions, or exchanges of information, are solely between you and the applicable third party. We have no control over and assumes no liability for any goods, services, data-processing practices, or representations made by third parties.
The Service may also include links, banners, or frames leading to external sites, as well as advertisements or sponsored content presented in various formats. Clicking on third-party links or engaging with promotional materials does not constitute or imply any endorsement, partnership, or affiliation between us and the third party. The scope, placement, and appearance of advertisements or sponsored content may change without prior notice. It is your responsibility to review and comply with the terms of service, privacy policies, and data-collection practices of any Third-Party Service before using or relying on it.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, DATA COMPROMISE, OR HARM ARISING FROM OR RELATED TO YOUR ACCESS TO OR RELIANCE ON THIRD-PARTY SERVICES, INCLUDING ANY MALFUNCTION, MALWARE, OR DECEPTIVE CONDUCT ASSOCIATED WITH EXTERNAL CONTENT. WE DO NOT MONITOR OR VET THIRD-PARTY MATERIALS AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THEIR SUITABILITY OR SECURITY.
If you encounter third-party content that is harmful, unlawful, or offensive, you may report it to us at support@skilario.com. We may, at our sole discretion and where legally required, review or remove access to reported third-party materials but is under no obligation to do so
YOUR PRIVACY
Your personal data is processed by us in connection with your use of the Service in compliance with our Privacy Policy. This policy provides detailed information on how we collect, handle, store, and disclose your data and your rights under data protection laws. Information collected through cookies and similar technologies is addressed in our Cookie Policy, which explains their purpose, how third parties may use them, and how you can manage your cookie preferences. The Privacy and Cookie Policies are incorporated by reference into these Terms. Should any inconsistencies arise between these Terms and the Privacy or Cookie Policy, the provisions of these Terms shall govern.
COMMUNICATION AND SUPPORT
If you have any questions, or concerns, or require assistance regarding our Service, you may reach out to us using the contact information provided in the “INTRODUCTION” section of these Terms. While we are not legally obligated to provide customer support, we may, at our sole discretion, choose to offer support services to users when necessary. Such support, if provided, is offered as a courtesy and does not create any ongoing obligation or entitlement to future support. We will make reasonable efforts to respond promptly to your inquiries; however, we do not guarantee a specific response time.
REPORTING COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and expects all users of the Service to do the same.
We are committed to investigating and responding to valid claims of copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
If you believe that your work has been copied, displayed, or otherwise used on or through the Service in a manner that constitutes copyright infringement, you or your authorized representative may submit a written notice to us by email at support@skilario.com or by mail at our registered address:
Cherry Entertainment Limited
Address: Prodromou 75, Oneworld Parkview House, Floor 4, 2063 Nicosia, Cyprus
JSPARK STUDIOS INC., Address: 131 Continental Dr, Suite 305, Newark, 19713, and county of New Castle, Delaware
Your written notice must include all the following information:
Your full name, postal address, telephone number, and email address;
A description of the copyrighted work or other intellectual property that you claim has been infringed, and identification of the material you believe to be infringing, including specific URLs or other information sufficient to locate it on the Service;
A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of the right that is allegedly infringed; and
Your physical or electronic signature.
Upon receipt of a valid DMCA notice, we will take appropriate action, which may include removing or disabling access to the allegedly infringing material, and may notify the user who posted it. If your content has been removed in error, you may submit a counter-notification in accordance with the DMCA.
We reserve the right to terminate, in appropriate circumstances and at its sole discretion, the accounts of users who repeatedly infringe or are alleged to repeatedly infringe the copyrights or other intellectual property rights of others.
We are committed to investigating and responding to valid claims of copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
If you believe that your work has been copied, displayed, or otherwise used on or through the Service in a manner that constitutes copyright infringement, you or your authorized representative may submit a written notice to us by email at support@skilario.com or by mail at our registered address:
Cherry Entertainment Limited
Address: Prodromou 75, Oneworld Parkview House, Floor 4, 2063 Nicosia, Cyprus
JSPARK STUDIOS INC., Address: 131 Continental Dr, Suite 305, Newark, 19713, and county of New Castle, Delaware
Your written notice must include all the following information:
Your full name, postal address, telephone number, and email address;
A description of the copyrighted work or other intellectual property that you claim has been infringed, and identification of the material you believe to be infringing, including specific URLs or other information sufficient to locate it on the Service;
A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of the right that is allegedly infringed; and
Your physical or electronic signature.
Upon receipt of a valid DMCA notice, we will take appropriate action, which may include removing or disabling access to the allegedly infringing material, and may notify the user who posted it. If your content has been removed in error, you may submit a counter-notification in accordance with the DMCA.
We reserve the right to terminate, in appropriate circumstances and at its sole discretion, the accounts of users who repeatedly infringe or are alleged to repeatedly infringe the copyrights or other intellectual property rights of others.
TERMINATION
Term and Termination.
These Terms take effect from the date you first access or use the Service and will remain in force until terminated by either you or us in accordance with this section.
Termination by You.
You may terminate these Terms at any time by deleting your Account, and (where applicable) requesting Account deletion by contacting support@skilario.com.
IF YOU HAVE AN ACTIVE SUBSCRIPTION, YOU MUST CANCEL IT IN ACCORDANCE WITH THE SUBSCRIPTION TERMS TO PREVENT FURTHER BILLING. DELETING THE APP OR ACCOUNT ALONE WILL NOT CANCEL YOUR SUBSCRIPTION. IF YOU HAVE AN ACTIVE SUBSCRIPTION AT THE TIME YOU REQUEST TERMINATION OR DELETION OF YOUR ACCOUNT, YOU WILL BE ABLE TO CONTINUE USING THE SERVICE AND ACCESSING CONTENT ASSOCIATED WITH YOUR SUBSCRIPTION. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL IMMEDIATELY LOSE ACCESS TO ALL FEATURES, CONTENT AND ANY ASSOCIATED DATA UPON TERMINATION. UPON TERMINATION, ALL RIGHTS GRANTED TO YOU UNDER THESE TERMS WILL IMMEDIATELY CEASE, EXCEPT AS OTHERWISE PROVIDED HEREIN WITH RESPECT TO ACTIVE SUBSCRIPTIONS.
Termination by us.
Termination by us. We may suspend, restrict, or terminate your Account, access to the Service, or these Terms, in whole or in part, at any time and at our sole discretion, including but not limited to where:
These Terms take effect from the date you first access or use the Service and will remain in force until terminated by either you or us in accordance with this section.
Termination by You.
You may terminate these Terms at any time by deleting your Account, and (where applicable) requesting Account deletion by contacting support@skilario.com.
IF YOU HAVE AN ACTIVE SUBSCRIPTION, YOU MUST CANCEL IT IN ACCORDANCE WITH THE SUBSCRIPTION TERMS TO PREVENT FURTHER BILLING. DELETING THE APP OR ACCOUNT ALONE WILL NOT CANCEL YOUR SUBSCRIPTION. IF YOU HAVE AN ACTIVE SUBSCRIPTION AT THE TIME YOU REQUEST TERMINATION OR DELETION OF YOUR ACCOUNT, YOU WILL BE ABLE TO CONTINUE USING THE SERVICE AND ACCESSING CONTENT ASSOCIATED WITH YOUR SUBSCRIPTION. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL IMMEDIATELY LOSE ACCESS TO ALL FEATURES, CONTENT AND ANY ASSOCIATED DATA UPON TERMINATION. UPON TERMINATION, ALL RIGHTS GRANTED TO YOU UNDER THESE TERMS WILL IMMEDIATELY CEASE, EXCEPT AS OTHERWISE PROVIDED HEREIN WITH RESPECT TO ACTIVE SUBSCRIPTIONS.
Termination by us.
Termination by us. We may suspend, restrict, or terminate your Account, access to the Service, or these Terms, in whole or in part, at any time and at our sole discretion, including but not limited to where:
- you breach these Terms or any applicable law;
- your Account or activity is associated with fraud, abuse, or unauthorized access;your Account remains inactive for twelve (12) months or longer;
- your continued access poses a risk to the security, integrity, or functionality of the Service or to other users;
- termination is required for business, operational, legal, or regulatory reasons; or
- you request deletion of your Account or personal data.
Where reasonable, we will provide prior notice by email or in-app communication. However, we may immediately terminate or suspend access without notice in cases involving fraud, illegal activity, or imminent risk to the Service, users, or third parties.
We also reserve the right to block or refuse future registration if your Account has been terminated or suspended.
Deactivation and Account Inactivity. If your Account remains inactive for one year or more, we may, at our discretion, deactivate or permanently delete your Account and any associated data. You acknowledge that upon deactivation or deletion, your content and data may not be retrievable, and the Company is not responsible for any resulting loss.
Consequences of Termination.
Upon termination of your Account or these Terms for any reason, you may lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-app history, as applicable. In addition:
We also reserve the right to block or refuse future registration if your Account has been terminated or suspended.
Deactivation and Account Inactivity. If your Account remains inactive for one year or more, we may, at our discretion, deactivate or permanently delete your Account and any associated data. You acknowledge that upon deactivation or deletion, your content and data may not be retrievable, and the Company is not responsible for any resulting loss.
Consequences of Termination.
Upon termination of your Account or these Terms for any reason, you may lose your Account and all information and data associated therewith, including without limitation your usernames, avatars, in-app history, as applicable. In addition:
- all licences and rights granted to you under these Terms will immediately cease, except that if you have an active subscription at the time of termination and have not cancelled it, you will retain access to the Content associated with your subscription until the end of the current paid subscription period;
- subject to the foregoing, access to all Content will terminate, and such items will be forfeited without refund or compensation, except as required by applicable law;
- any Content you have submitted may be removed or become inaccessible, and we have no obligation to retain or restore it; and
- all accrued rights and obligations of the parties up to the termination date will remain enforceable.
Breach and Enforcement Actions.
Failure to comply with these Terms constitutes a material breach and may result in actions including, but not limited to, immediate suspension or permanent withdrawal of your right to use the Service, removal of User Content, issuance of warnings, legal proceedings to recover damages or costs, further civil or criminal action, and disclosure of relevant information to law enforcement authorities. We exclude all liability for actions we may take in response to breaches of these Terms.
Survival of Terms.
Provisions of these Terms that by their nature are intended to survive termination will continue in effect, including but not limited to those relating to intellectual property ownership, User Content licences, indemnification, limitation of liability, disclaimers, governing law, and arbitration.
Failure to comply with these Terms constitutes a material breach and may result in actions including, but not limited to, immediate suspension or permanent withdrawal of your right to use the Service, removal of User Content, issuance of warnings, legal proceedings to recover damages or costs, further civil or criminal action, and disclosure of relevant information to law enforcement authorities. We exclude all liability for actions we may take in response to breaches of these Terms.
Survival of Terms.
Provisions of these Terms that by their nature are intended to survive termination will continue in effect, including but not limited to those relating to intellectual property ownership, User Content licences, indemnification, limitation of liability, disclaimers, governing law, and arbitration.
DISPUTE RESOLUTION BY BINDING ARBITRATION
THIS SECTION OUTLINES YOUR RIGHTS AND OBLIGATIONS REGARDING DISPUTE RESOLUTION. PLEASE READ IT CAREFULLY, AS IT INCLUDES MANDATORY BINDING ARBITRATION. THIS SECTION SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”
For Users in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland. If you reside in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, any Disputes arising out of or relating to these Terms, including their interpretation, enforcement, or validity, shall be governed by and construed in accordance with the laws of your country of residence. The courts of your usual place of residence shall have exclusive jurisdiction over any Disputes (as defined herein) that are not resolved through the Arbitration Agreement outlined in these Terms.
For Users in the United States or Other Jurisdictions. If you reside in the United States or any other jurisdiction not listed above, any Disputes arising out of or relating to these Terms shall be resolved exclusively through the arbitration agreement provided herein, and the governing law shall be determined as specified in the arbitration clause.
By accessing or using our Service, you agree that any disputes, claims, or controversies arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service (collectively, “Disputes”), will be resolved solely by binding, individual arbitration (i.e. not in a class, representative or consolidated action or proceeding), unless expressly provided otherwise in this Section or to the extent that the applicable law prohibits the exclusive use of arbitration for dispute resolution. This includes any claims against our affiliates, subsidiaries, employees, officers, agents, or licensors.
Notwithstanding the above, the following exceptions apply:
Small Claims Court: Either party retains the right to bring an individual claim in small claims court for disputes or claims within the jurisdictional limits of such a court.
Injunctive or Equitable Relief: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect or enforce intellectual property rights, including copyrights, trademarks, trade secrets, patents, or similar proprietary rights.
For Users in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland. If you reside in the European Union, United Kingdom, Liechtenstein, Switzerland, Norway, or Iceland, any Disputes arising out of or relating to these Terms, including their interpretation, enforcement, or validity, shall be governed by and construed in accordance with the laws of your country of residence. The courts of your usual place of residence shall have exclusive jurisdiction over any Disputes (as defined herein) that are not resolved through the Arbitration Agreement outlined in these Terms.
For Users in the United States or Other Jurisdictions. If you reside in the United States or any other jurisdiction not listed above, any Disputes arising out of or relating to these Terms shall be resolved exclusively through the arbitration agreement provided herein, and the governing law shall be determined as specified in the arbitration clause.
By accessing or using our Service, you agree that any disputes, claims, or controversies arising out of or relating to these Terms, the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Service (collectively, “Disputes”), will be resolved solely by binding, individual arbitration (i.e. not in a class, representative or consolidated action or proceeding), unless expressly provided otherwise in this Section or to the extent that the applicable law prohibits the exclusive use of arbitration for dispute resolution. This includes any claims against our affiliates, subsidiaries, employees, officers, agents, or licensors.
Notwithstanding the above, the following exceptions apply:
Small Claims Court: Either party retains the right to bring an individual claim in small claims court for disputes or claims within the jurisdictional limits of such a court.
Injunctive or Equitable Relief: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect or enforce intellectual property rights, including copyrights, trademarks, trade secrets, patents, or similar proprietary rights.
AGREEMENT TO WAIVE JURY TRIAL AND CLASS ACTION
BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE, AND WE AGREE, TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS A FUNDAMENTAL COMPONENT OF THIS ARBITRATION AGREEMENT. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. YOU ACKNOWLEDGE AND AGREE THAT THIS ARBITRATION AGREEMENT LIMITS YOUR RIGHT TO APPEAL AND OTHER RESOLUTION PROCESSES.
Arbitration Procedure and Applicable Rules
You further agree that all disputes between you and us will be resolved exclusively through binding arbitration before a single, neutral arbitrator, administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified herein.
In the event that twenty-five (25) or more similar arbitration demands are submitted with substantially similar factual allegations and/or legal theories, and are filed by or with the assistance of the same or coordinated counsel, such filings shall be deemed a “Mass Arbitration.” These proceedings shall be administered in accordance with the AAA Mass Arbitration Supplementary Rules then in effect, including the use of a Process Arbitrator to resolve threshold and administrative issues such as: compliance with filing requirements, fulfilment of contractual preconditions, and any challenge regarding arbitrability.
The initiation fee, per-case fees, arbitrator appointment, and case management fees for such Mass Arbitrations shall be allocated as provided in the AAA’s applicable fee schedules.
The Process Arbitrator shall have authority to group, sequence, or otherwise organize demands for efficiency, and may enforce compliance with requirements including sworn affirmations of claim validity by counsel. We reserve the right to challenge any arbitration demands not supported by valid agreements or submitted in contravention of these procedures.
Place of Arbitration. The arbitration proceedings shall be held in Delaware, United States unless the parties agree to an alternative location.Governing Law. The arbitration shall be conducted in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, including any applicable statutes of limitations and recognized legal privileges.
Language of Arbitration. The arbitration will be conducted in the English language.
Pre-arbitration Notice & Informal Resolution Requirement. Before initiating any Dispute, you must first notify us in writing of the basis for the claim and participate in a 60-day informal resolution process. Claims filed without such notice may be dismissed or stayed.Commencing Arbitration. To initiate arbitration, you must adhere to the procedures outlined by the AAA Rules, which are accessible on this page.
Filing Deadline. By accessing or using our Service, you agree that any Dispute (as defined herein) must be initiated by filing a demand for arbitration or commencing an individual legal action within one (1) year from the date the party asserting the Dispute first becomes aware, or reasonably should have become aware, of the act, omission, or event giving rise to the Dispute. Except where prohibited by applicable law, any Dispute not initiated within this one-year period will be permanently barred, and no remedy shall be available for such untimely Disputes.
Selection of the Arbitrator. The arbitrator responsible for adjudicating the dispute will be selected in accordance with the procedures specified in the AAA Rules.
Hearing Requirements. For claims of $10,000 or less, the arbitration will generally proceed on the basis of written submissions from the parties, unless a hearing is requested by you or deemed necessary by the arbitrator. For claims exceeding $10,000, the need for a hearing will be determined by the AAA Rules. The arbitrator shall have the discretion to oversee and regulate the exchange of information between the parties. No party or representative shall engage in ex-parte communications with the arbitrator. All communications must be made in the presence of, or with notice to, all parties involved in the arbitration.
Judgment and Finality of Award. The arbitrator shall deliver the award within the timeline prescribed by the AAA Rules. The award may be enforced in any court with appropriate jurisdiction. The arbitration award shall be final and binding, and there shall be no appeal. Any damages awarded by the arbitrator must conform to the limitations specified in the applicable “Limitation of Liability” section, including restrictions on the types and amounts of damages recoverable.
Remedies. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute.
Individual Relief Only. The arbitrator may award relief solely in favour of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. The arbitrator shall have no authority to award relief to or against anyone who is not a party to the arbitration. Furthermore, the arbitrator may not consolidate multiple parties' claims or preside over any form of class, joint, or representative proceeding. Notwithstanding anything to the contrary, we reserve the right to request a staged or batched resolution process in cases of Mass Arbitration, including the use of bellwether or sample proceedings to efficiently manage and resolve common factual or legal issues. Any such process shall be administered in accordance with the rules of the designated arbitration provider and subject to approval by the arbitrator.
Fees. Your obligation to cover any filing, administrative, or arbitrator fees shall be governed exclusively by the fee schedule outlined in the AAA Rules.
Assessment of Fees. The prevailing party shall be entitled to an award of reasonable attorney fees. The allocation of forum fees and expenses shall be determined by the arbitrator.
Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Opt-Out Option. You may opt out of this Arbitration Agreement within 30 days of accepting these Terms by submitting your notice via our online contact form at support@skilario.com stating your intention to opt out. Opting out will not affect other provisions of these Terms.
Severability. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, that portion shall be severed, and the remaining provisions shall remain in full force and effect. However, if the waiver of class actions and collective relief is found unenforceable, the arbitration shall proceed on an individual basis only to the fullest extent permitted by law.
Survival. Except stated otherwise, this Arbitration Agreement shall survive termination of these Terms.
Arbitration Procedure and Applicable Rules
You further agree that all disputes between you and us will be resolved exclusively through binding arbitration before a single, neutral arbitrator, administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified herein.
In the event that twenty-five (25) or more similar arbitration demands are submitted with substantially similar factual allegations and/or legal theories, and are filed by or with the assistance of the same or coordinated counsel, such filings shall be deemed a “Mass Arbitration.” These proceedings shall be administered in accordance with the AAA Mass Arbitration Supplementary Rules then in effect, including the use of a Process Arbitrator to resolve threshold and administrative issues such as: compliance with filing requirements, fulfilment of contractual preconditions, and any challenge regarding arbitrability.
The initiation fee, per-case fees, arbitrator appointment, and case management fees for such Mass Arbitrations shall be allocated as provided in the AAA’s applicable fee schedules.
The Process Arbitrator shall have authority to group, sequence, or otherwise organize demands for efficiency, and may enforce compliance with requirements including sworn affirmations of claim validity by counsel. We reserve the right to challenge any arbitration demands not supported by valid agreements or submitted in contravention of these procedures.
Place of Arbitration. The arbitration proceedings shall be held in Delaware, United States unless the parties agree to an alternative location.Governing Law. The arbitration shall be conducted in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, including any applicable statutes of limitations and recognized legal privileges.
Language of Arbitration. The arbitration will be conducted in the English language.
Pre-arbitration Notice & Informal Resolution Requirement. Before initiating any Dispute, you must first notify us in writing of the basis for the claim and participate in a 60-day informal resolution process. Claims filed without such notice may be dismissed or stayed.Commencing Arbitration. To initiate arbitration, you must adhere to the procedures outlined by the AAA Rules, which are accessible on this page.
Filing Deadline. By accessing or using our Service, you agree that any Dispute (as defined herein) must be initiated by filing a demand for arbitration or commencing an individual legal action within one (1) year from the date the party asserting the Dispute first becomes aware, or reasonably should have become aware, of the act, omission, or event giving rise to the Dispute. Except where prohibited by applicable law, any Dispute not initiated within this one-year period will be permanently barred, and no remedy shall be available for such untimely Disputes.
Selection of the Arbitrator. The arbitrator responsible for adjudicating the dispute will be selected in accordance with the procedures specified in the AAA Rules.
Hearing Requirements. For claims of $10,000 or less, the arbitration will generally proceed on the basis of written submissions from the parties, unless a hearing is requested by you or deemed necessary by the arbitrator. For claims exceeding $10,000, the need for a hearing will be determined by the AAA Rules. The arbitrator shall have the discretion to oversee and regulate the exchange of information between the parties. No party or representative shall engage in ex-parte communications with the arbitrator. All communications must be made in the presence of, or with notice to, all parties involved in the arbitration.
Judgment and Finality of Award. The arbitrator shall deliver the award within the timeline prescribed by the AAA Rules. The award may be enforced in any court with appropriate jurisdiction. The arbitration award shall be final and binding, and there shall be no appeal. Any damages awarded by the arbitrator must conform to the limitations specified in the applicable “Limitation of Liability” section, including restrictions on the types and amounts of damages recoverable.
Remedies. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute.
Individual Relief Only. The arbitrator may award relief solely in favour of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. The arbitrator shall have no authority to award relief to or against anyone who is not a party to the arbitration. Furthermore, the arbitrator may not consolidate multiple parties' claims or preside over any form of class, joint, or representative proceeding. Notwithstanding anything to the contrary, we reserve the right to request a staged or batched resolution process in cases of Mass Arbitration, including the use of bellwether or sample proceedings to efficiently manage and resolve common factual or legal issues. Any such process shall be administered in accordance with the rules of the designated arbitration provider and subject to approval by the arbitrator.
Fees. Your obligation to cover any filing, administrative, or arbitrator fees shall be governed exclusively by the fee schedule outlined in the AAA Rules.
Assessment of Fees. The prevailing party shall be entitled to an award of reasonable attorney fees. The allocation of forum fees and expenses shall be determined by the arbitrator.
Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Opt-Out Option. You may opt out of this Arbitration Agreement within 30 days of accepting these Terms by submitting your notice via our online contact form at support@skilario.com stating your intention to opt out. Opting out will not affect other provisions of these Terms.
Severability. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, that portion shall be severed, and the remaining provisions shall remain in full force and effect. However, if the waiver of class actions and collective relief is found unenforceable, the arbitration shall proceed on an individual basis only to the fullest extent permitted by law.
Survival. Except stated otherwise, this Arbitration Agreement shall survive termination of these Terms.
MISCELLANEOUS
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles or rules, and expressly excluding the United Nations Convention on Contracts for the International Sale of Goods (1980).
Entire Agreement. These Terms constitute the entire agreement between you and Cherry Entertainment Limited regarding your access to and use of the Service and supersede all prior or contemporaneous understandings, agreements, communications, or representations, whether written or oral, relating to the same subject matter.
No Waiver. Any failure or delay by the Company to enforce any provision of these Terms or exercise any right shall not be deemed a waiver of that provision or right. Any waiver must be in writing and signed by an authorized representative of the Company to be valid and enforceable.
Severability. If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, and the remaining provisions shall remain in full force and effect.
Assignment. You may not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment in violation of this clause shall be void. The Company may freely assign, delegate, or transfer its rights and obligations under these Terms at any time and without notice, including to an affiliate, successor, or purchaser of its business or assets. An updated version of these Terms identifying the new contracting entity shall constitute valid notice of such transfer.
Electronic Communications. By using the Service or communicating with us electronically, you consent to receive communications from us in electronic form and agree that such communications, including notices, disclosures, and agreements, satisfy any legal requirement that such communications be in writing. You acknowledge that your electronic submissions constitute a legally binding agreement between you and the Company.
Force Majeure. We shall not be liable for any delay or failure in performance under these Terms to the extent caused by events or circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil disturbances, government actions, labour disputes, power outages, or disruptions in internet or telecommunications services.
Headings and Interpretation. Section headings are provided for convenience only and shall not affect the interpretation or construction of these Terms.
Entire Agreement. These Terms constitute the entire agreement between you and Cherry Entertainment Limited regarding your access to and use of the Service and supersede all prior or contemporaneous understandings, agreements, communications, or representations, whether written or oral, relating to the same subject matter.
No Waiver. Any failure or delay by the Company to enforce any provision of these Terms or exercise any right shall not be deemed a waiver of that provision or right. Any waiver must be in writing and signed by an authorized representative of the Company to be valid and enforceable.
Severability. If any provision of these Terms is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, and the remaining provisions shall remain in full force and effect.
Assignment. You may not assign, delegate, or otherwise transfer any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment in violation of this clause shall be void. The Company may freely assign, delegate, or transfer its rights and obligations under these Terms at any time and without notice, including to an affiliate, successor, or purchaser of its business or assets. An updated version of these Terms identifying the new contracting entity shall constitute valid notice of such transfer.
Electronic Communications. By using the Service or communicating with us electronically, you consent to receive communications from us in electronic form and agree that such communications, including notices, disclosures, and agreements, satisfy any legal requirement that such communications be in writing. You acknowledge that your electronic submissions constitute a legally binding agreement between you and the Company.
Force Majeure. We shall not be liable for any delay or failure in performance under these Terms to the extent caused by events or circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil disturbances, government actions, labour disputes, power outages, or disruptions in internet or telecommunications services.
Headings and Interpretation. Section headings are provided for convenience only and shall not affect the interpretation or construction of these Terms.
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