Terms and Conditions
Last Updated: January 15, 2025
Welcome to SkyMarketing Academy. These Terms and Conditions ("Terms", "Agreement") govern your access to and use of our website located at https://skymarketingbr.com and our educational services (collectively, the "Services").
IMPORTANT: Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.
1. Definitions
For the purposes of these Terms:
- "Company," "we," "us," or "our" refers to SkyMarketing Academy, registered at 8 Alexie Brace, Moenhaven, NT 0971, Brazil (Registration Number: 34017060)
- "User," "you," or "your" refers to any individual or entity accessing or using our Services
- "Services" refers to all educational programs, courses, mentorship, content, and materials provided by SkyMarketing Academy
- "Content" refers to all text, graphics, images, videos, audio, software, and other materials available through our Services
- "Account" refers to the unique account created for you to access our Services
2. Acceptance of Terms
By creating an account, enrolling in courses, or otherwise using our Services, you confirm that:
- You are at least 16 years of age or have parental/guardian consent
- You have the legal capacity to enter into a binding agreement
- You will comply with all applicable laws and regulations
- All information you provide is accurate, current, and complete
- You will maintain the accuracy of such information
3. User Accounts
3.1 Account Creation
To access certain features of our Services, you must create an account. You agree to:
- Provide accurate and complete registration information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
3.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time if:
- You violate these Terms
- You engage in fraudulent or illegal activities
- You provide false or misleading information
- Your actions harm other users or our reputation
- You fail to pay for Services as agreed
4. Educational Services
4.1 Course Enrollment
When you enroll in a course or program:
- You receive a non-exclusive, non-transferable license to access course materials
- Access is granted for the duration specified at the time of purchase
- You must complete enrollment and payment processes as outlined
- Course availability and content may be modified at our discretion
4.2 Course Content and Materials
All course content, including videos, documents, code, and other materials, are provided for personal, non-commercial educational use only. You may not:
- Record, copy, reproduce, or distribute course materials
- Share your account credentials with others
- Upload course content to any platform or website
- Use materials for commercial purposes without written consent
- Create derivative works based on our content
4.3 Mentorship Programs
Mentorship services are subject to availability and mentor discretion. We do not guarantee specific outcomes or results from mentorship relationships.
4.4 Certifications
Certificates of completion are awarded upon successful course completion according to specified criteria. Certificates indicate completion of our programs but do not constitute professional licensing or accreditation.
5. Payment Terms
5.1 Pricing
Course and service prices are listed in the applicable currency and may be subject to change. We reserve the right to modify pricing at any time, though changes will not affect existing enrollments unless otherwise specified.
5.2 Payment Methods
We accept payment through various methods as indicated during checkout. By providing payment information, you:
- Authorize us to charge the applicable fees
- Confirm that payment information is accurate and current
- Agree to pay all applicable taxes and fees
- Accept responsibility for any payment processing fees
5.3 Payment Plans
If payment plans are offered:
- You must make payments according to the agreed schedule
- Failure to make timely payments may result in service suspension
- Access may be restricted until payment obligations are fulfilled
- Additional fees may apply for late or failed payments
5.4 Failed Payments
If payment fails, we may:
- Suspend access to Services until payment is received
- Attempt to charge your payment method again
- Contact you regarding payment issues
- Terminate your enrollment after reasonable attempts to collect
6. Refund Policy
Refunds are subject to our separate Refund Policy, available at https://skymarketingbr.com/refund-policy.html. Please review this policy carefully before enrolling in any course or service.
7. Intellectual Property Rights
7.1 Our Content
All Content available through our Services, including but not limited to text, graphics, logos, videos, software, and course materials, is the property of SkyMarketing Academy or our licensors and is protected by:
- Copyright laws
- Trademark laws
- Patent laws
- Trade secret laws
- Other intellectual property rights
7.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our Content solely for personal educational purposes. This license does not include:
- Rights to resell or commercial use
- Rights to create derivative works
- Rights to public display or distribution
- Any collection or use of product listings or descriptions
7.3 User-Generated Content
If you submit content (comments, reviews, forum posts, etc.), you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with our Services.
7.4 Trademarks
"SkyMarketing Academy" and our logo are trademarks of our company. You may not use these marks without prior written permission.
8. User Conduct
You agree not to:
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights of others
- Transmit harmful, offensive, or inappropriate content
- Harass, threaten, or intimidate other users
- Impersonate any person or entity
- Interfere with or disrupt our Services or servers
- Attempt to gain unauthorized access to systems
- Use automated systems (bots, scrapers) without permission
- Engage in any fraudulent activities
- Share or sell access to course materials
- Post spam, advertisements, or solicitations
9. Disclaimers and Limitations
9.1 No Guarantees
While we strive to provide high-quality educational content, we make no guarantees regarding:
- Specific learning outcomes or results
- Job placement or career advancement
- Earning potential or income increases
- Skill mastery or certification success
Your success depends on numerous factors including your effort, dedication, prior knowledge, and external circumstances beyond our control.
9.2 Service Availability
We strive to maintain continuous service availability but do not guarantee uninterrupted access. Services may be temporarily unavailable due to:
- Maintenance and updates
- Technical issues or system failures
- Circumstances beyond our control
9.3 Accuracy of Information
While we endeavor to provide accurate information, we do not warrant that:
- Course content is error-free or complete
- Information is current or up-to-date
- Services will meet your specific requirements
- Results obtained will be accurate or reliable
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability shall not exceed the amount you paid for the specific Service giving rise to the claim
- We are not responsible for any loss of data, profits, revenue, or business opportunities
- These limitations apply regardless of the theory of liability (contract, tort, negligence, etc.)
11. Indemnification
You agree to indemnify, defend, and hold harmless SkyMarketing Academy, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your violation of these Terms
- Your use or misuse of our Services
- Your violation of any third-party rights
- Any content you submit or transmit
12. Third-Party Links and Services
Our Services may contain links to third-party websites or services. We:
- Do not endorse or control third-party content
- Are not responsible for third-party practices or policies
- Recommend reviewing their terms and policies
- Disclaim all liability for third-party services
13. Modifications to Services and Terms
13.1 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice. We are not liable for any modification, suspension, or discontinuance.
13.2 Terms Modifications
We may revise these Terms at any time. Material changes will be communicated through:
- Email notification to registered users
- Prominent notice on our website
- Updated "Last Updated" date
Continued use of Services after changes constitutes acceptance of revised Terms.
14. Termination
14.1 Termination by You
You may terminate your account at any time by contacting us. Upon termination:
- Your access to Services will cease
- Refunds will be processed according to our Refund Policy
- Certain provisions of these Terms will survive termination
14.2 Termination by Us
We may terminate or suspend your access immediately, without notice, for:
- Violation of these Terms
- Fraudulent or illegal activities
- Behavior harmful to other users or our business
- Non-payment of fees
14.3 Effect of Termination
Upon termination:
- All licenses granted to you will immediately cease
- You must stop using all Services and Content
- Provisions regarding intellectual property, disclaimers, and limitations shall survive
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Brazil, without regard to conflict of law principles.
15.2 Dispute Resolution
In the event of any dispute arising from these Terms or your use of Services:
- First attempt to resolve informally by contacting us
- If unresolved within 30 days, disputes may proceed to mediation
- Legal proceedings must be brought in courts located in Brazil
15.3 Class Action Waiver
You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations.
16. Miscellaneous
16.1 Entire Agreement
These Terms, along with our Privacy Policy and Refund Policy, constitute the entire agreement between you and SkyMarketing Academy.
16.2 Severability
If any provision is found unenforceable, the remaining provisions will remain in full effect.
16.3 Waiver
Our failure to enforce any right or provision does not constitute a waiver of such right or provision.
16.4 Assignment
You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.
16.5 Force Majeure
We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control.
17. Contact Information
18. Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.
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