Sift Skills Terms of Service

Last Updated: May 9, 2026

These Terms of Service (these "Terms") govern your use of the Sift Skills website located at www.siftskills.com and all related websites, products, services, tools, mobile applications, web applications and any other technology platforms or tools available on any Sift Skills websites, including any successor apps or websites thereto (the "Services"). Throughout this document, the terms "Sift Skills," "we," "us," and "our" may be used interchangeably to refer to the company and its products and services. The terms "you," "your" or "user" refers to you, the user. If you are using the Services on behalf of a business, association, or other entity, "you," "your" or "user" will also refer to such business, association, or other entity, unless the context clearly dictates otherwise. You represent that you are authorized to consent to these terms on behalf of such business, association, or other entity.

Please refer to our Privacy Policy for information about how we collect, use, store and disclose personal information.

1. Acceptance of Terms

Please read these Terms very carefully before accessing or using the Services. By using/ continuing to use the Services, you acknowledge you have read and understand and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to all the terms and conditions of these Terms, then you may not access or use the Services.

2. Eligibility to Use the Services

To use the Services you must be, and represent and warrant that you are at least the age of majority in your state of residence. You further warrant and represent that: (a) all registration information you submit will be true, accurate, current, and complete; (b) you will maintain the accuracy of such information and promptly update such registration information as necessary; (c) you have the legal capacity and you agree to comply with these Terms; (d) you are not a minor in the jurisdiction in which you reside; (e) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (f) you will not use the Services for any illegal or unauthorized purpose; and (g) your use of the Services will not violate any applicable law or regulation. We reserve the right, but are not obligated, to limit the use of the Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis, in our sole discretion. All descriptions of the Services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the Services, in full or in part, at any time.

3. User Accounts

3.1 Agreement to Provide Accurate Registration Information

If you wish to participate in certain aspects of the Services, you will need to register for an account on the Services ("Account"). By creating an Account, you agree to (i) provide accurate, current, and complete registration information about yourself, and (ii) maintain and promptly update as necessary your Account information. Any registration is solely for you and you may only use one single Account. You may not use the Accounts of others, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account.

3.2 User Submission of Personal Information

When creating an Account and using the Services, you will be asked to provide certain personal information. By submitting personal information of yourself or others through our Services, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use and disclosure of your personal information in accordance with the Privacy Policy. You hereby grant Sift Skills and its affiliates a non-exclusive, irrevocable, worldwide, fully-sublicensable, royalty-free license to transmit, monitor, retrieve, store, and use such information solely in connection with the operation and improvement of the Services and to fulfill your instructions or requests. Sift Skills cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Services.

3.3 Account Security

You acknowledge that you shall be held solely responsible and solely liable for anything that occurs in your Account and any activity resulting from your Account. We do not use passwords for Account access. Instead, we authenticate access to Accounts using time-limited "magic links" sent to your registered email address. Magic links expire after a short period of time and may only be used once. After you authenticate, your active session may remain valid for up to thirty (30) days, and you may be required to re-authenticate from time to time (including if your session expires or is invalidated). You are responsible for maintaining control over, and the security of, the email account associated with your Account, and you acknowledge that access to your email account may allow a third party to access your Account. You shall notify us immediately if you suspect or become aware that your Account is being used without authorization or of any other breach of security. You agree that you shall use our Services only on a device with current OS security patches, passcode or biometric lock, and full-disk encryption enabled. You agree not to capture, record, reproduce, or distribute any content, outputs, analyses, scores, or other materials generated by or displayed within the Services, including by screenshot, screen recording, or any other means, without the prior written consent of Sift Skills. Any unauthorized capture or distribution of Services content constitutes a material breach of these Terms and may result in immediate account termination and legal action. We may implement additional security measures from time to time, including CAPTCHA, rate limiting, and session invalidation, to protect the Services and Accounts.

If you wish to deactivate your Account, you can use the Account Access controls available in the Settings area of the Services. If you wish to request permanent deletion, you can submit a deletion request through those same controls or send us an e-mail at support@siftskills.com and we will process your request in accordance with applicable law.

3.4 Consent to Receive Electronic Communications

By creating an Account, you consent to receive electronic communications from Sift Skills (e.g., via email, texts, mobile push notifications, etc.). These communications may include notices about your Account (e.g., magic links, login confirmations, security notifications, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

• (i) Opting Out. If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out.
• (ii) Message and Data Rates. Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
• (iii) Support. If you have any questions or need assistance regarding our SMS communications, please email us at support@siftskills.com.

3.5 We May Suspend Accounts

Sift Skills reserves the right to terminate, suspend, or restrict your access to any Account(s) if (i) we discover you have created multiple Accounts for the same user, (ii) we suspect that the Account(s) have been or will be used for any illegal, fraudulent, or otherwise unauthorized purposes, or (iii) in Sift Skills' reasonable judgment, your use of the Services imminently threatens the security, stability, integrity or availability of the Services, or otherwise harms Sift Skills, other customers or third parties. We may also suspend, restrict, or invalidate sessions or access (including by disabling magic links or ending active sessions) as reasonably necessary to protect the Services or investigate suspected unauthorized access. Under no circumstances shall Sift Skills be responsible or liable for any direct, indirect, consequential, or other losses (including lost revenue, lost profits, lost business opportunities, loss of good will, or reputational harm), damages, or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any Account(s).

4. Use of the Services

4.1 Non-Discrimination and Employment Law Compliance

Sift Skills provides candidate analysis as decision support only. Outputs generated by the Services, including scores, summaries, and assessments, are not intended to serve as the sole or determinative basis for any hiring, rejection, or other employment-related decision.

You agree that you will not use the Services or any outputs in a manner that violates applicable anti-discrimination or employment laws, including without limitation Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Equal Pay Act, and any applicable state or local employment laws.

You are solely responsible for conducting any required bias audits, impact assessments, or compliance reviews in connection with your use of automated analysis tools, including those required under applicable local law (such as New York City Local Law 144 or similar statutes). Sift Skills makes no representation that its outputs are free from bias or that use of the Services satisfies any legal compliance obligation.

Any claims, damages, penalties, or regulatory actions arising from your use of the Services in connection with employment decisions are subject to your indemnification obligations under Section 8.1.

You agree to use the Services only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. You may not, and may not allow any third-party to: (i) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country; (ii) impersonate another person (via the use of an email address or otherwise); (iii) upload, post, transmit, or otherwise make available through the Services any content that infringes the intellectual or proprietary rights of any party; (iv) operate to defraud Sift Skills, other users, or any other person; (v) knowingly provide false, inaccurate, or misleading information; (vi) use the Services to violate the legal rights (such as rights of privacy and publicity) of others; (vii) engage in, promote, or encourage illegal activity; (viii) harvest or otherwise collect information from the Services about others, including email addresses, without proper consent; (ix) exploit the Services for any unauthorized or commercial purpose; (x) modify, adapt, translate, or reverse engineer any portion of the Services; (xi) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or any part of it; (xii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or the content posted on the Services, or to collect information about its users for any unauthorized purpose; (xiii) create user accounts by automated means, or under false or fraudulent pretenses; (xiv) access or use the Services for the purpose of creating a product or service that is competitive with any of our products or Services; (xv) license, sublicense, transfer, sell, resell, rent, lease, distribute, time share, assign, share or otherwise commercially exploit or make the Services available to any third-party; (xvi) use the Services to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (xvii) use the Services to send or store viruses, worms, time bombs, trojan horses or other harmful or malicious code, files, scripts, agents or programs; (xviii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (xix) attempt to gain unauthorized access to the Services or related systems or networks; or (xx) access the Services for purposes of monitoring their availability, performance or functionality or for any other benchmarking or competitive purposes.

5. Intellectual Property

5.1 Intellectual Property Ownership

All content on the Services (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation) (collectively, the "Content"), is owned by Sift Skills, our content providers, or our licensors (as applicable), and may be protected by copyright, trademark, and other applicable laws.

Your access to and use of the Services does not grant you any license or right to use any copyrighted Content or any trademark, logo, or service mark displayed on the Services. Sift Skills, our content providers, or our licensors (as applicable) retain full and complete title to and reserve all rights in the Content on the Services, including all associated intellectual property rights. Sift Skills neither warrants nor represents that your use of Content on the Services will not infringe rights of third parties.

You may access the Services only for your permitted use under these Terms, and you may not modify or delete any copyright, trademark, or other proprietary notice relating to any Content you access. You agree not to display or use in any manner the Sift Skills marks without Sift Skills' advance written permission.

All software used on the Services is the property of Sift Skills or our licensors and protected by United States and international copyright laws, and subject to separate license terms, in which case those license terms will govern such software. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us. All rights not expressly granted herein are reserved by Sift Skills, our affiliates, and licensors.

5.2 Feedback

By sending us any feedback, comments, questions, ideas, proposals, or suggestions concerning Sift Skills or any of our Services whether online, by email, by postal mail, or otherwise (collectively, "Feedback"), you represent and warrant (i) that you have the right to disclose the Feedback, (ii) that the Feedback does not violate the rights of any other person or entity, including, but not limited to, intellectual property rights, such as infringing a copyright, trademark, or patent; violating a right of privacy, attribution or withdrawal; or otherwise misappropriating a trade secret, and (iii) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (a) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (b) acknowledge that we may have something similar to the Feedback already under consideration or in development, and (c) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license, under all intellectual property rights, to use, make, have made, incorporate into our Services, modify, copy, display, perform, distribute, prepare derivative works, publish, distribute, and sublicense the Feedback, without any credit or compensation to you. This Feedback section shall survive any termination of your account or any aspect of the Services.

5.3 Third-Party Websites

Certain content, products, and services available via the Services may include materials from third parties or provide you with access to third-party tools, products, and resources over which we neither monitor nor have any control nor input. Further, third-party links on our Services may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, or for any other materials, products, or services of third parties. The views expressed in third-party materials, websites, resources, products, or services are those of such third-party, and do not necessarily reflect our views.

You acknowledge and agree that we provide access to such materials, products, websites, tools, and resources "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We do not warrant and will not have any liability or responsibility arising from or relating to third-party materials, websites, tools, products, and resources. Any use by you of third-party materials, tools, products, services, and resources offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such items are provided by the relevant third-party provider(s).

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. You may not use third-party content without that third-party's permission, or as otherwise allowed by law. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.

5.4 Errors, Inaccuracies and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Services' descriptions, pricing, promotions, offers. We reserve the right, without prior notice, to (i) correct any errors, inaccuracies, or omissions, and (ii) change or update information or cancel orders, if any information in the Services or on any related website is inaccurate at any time (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

5.5 Statistical Information

We may derive and compile, either manually or automatically, anonymized and aggregated data related to the performance, operation, and use of the Services ("Statistical Information") including by you, and use such Statistical Information for our business purposes, including for operations management, for research and development, and for sharing with relevant parties. We own the rights in and to such Statistical Information.

6. User Data

6.1 Ownership of User Data

You retain all rights and ownership in the data, content, and materials that you or your authorized users upload, submit, or import into the Services (collectively, "User Data"). Except for the license granted to us below, nothing in these Terms transfers ownership of your User Data to Sift Skills.

6.2 License to Use User Data

By submitting or uploading User Data to the Services, you grant Sift Skills and its affiliates a non-exclusive, irrevocable, worldwide, fully-sublicensable, royalty-free license to host, reproduce, process, transmit, and otherwise use your User Data to provide, maintain, and improve the Services and to fulfill your instructions or requests. This license enables us to, for example, back up your information, display it to you and those you authorize, and modify its format as needed for performance (such as converting files or formatting data). We will not access or use your User Data for any other purposes except as permitted by these Terms, our Privacy Policy, or as required by law. You represent and warrant that you have all necessary rights and permissions to provide the User Data to Sift Skills and to grant the above license. Where User Data includes resumes or personal information belonging to third parties, including job candidates, you represent and warrant that you have a lawful basis for uploading and processing such data, that doing so complies with all applicable privacy laws, and that you have provided any notices or obtained any consents required by law.

6.3 Candidate Data Responsibility

By creating an Account, you represent and warrant that you have a lawful basis under applicable law for uploading, processing, and storing any personal information belonging to third parties, including job candidates, through the Services. You acknowledge that you are solely responsible for ensuring that your collection and use of candidate data complies with all applicable privacy laws, including providing any required notices to candidates and obtaining any required consents. Sift Skills processes candidate data solely on your instruction and bears no responsibility for your compliance obligations with respect to candidates whose data you upload to the Services.

6.4 Permitted Upload Content

The Services are designed solely for the upload and analysis of candidate resumes and job descriptions. Users may only upload documents that are resumes or job-related materials intended for candidate evaluation. Uploading any other type of document, including but not limited to contracts, financial records, legal documents, medical records, or any other sensitive materials unrelated to candidate evaluation, is not a permitted use of the Services.

If you upload documents outside of permitted use, you do so entirely at your own risk and sole responsibility. Sift Skills assumes no liability for any loss, exposure, breach, or harm arising from such uploads. Any such uploads constitute a breach of these Terms, and you shall be subject to the indemnification obligations set forth in Section 8.1.

7. Payment Terms

7.1 Fees

Sift Skills may offer you access to various subscription plans ("Subscription(s)"). Each Subscription and its pricing and terms (collectively, the "Fees") are described on the Services or otherwise communicated to you through the Services. Fees will be billed to your provided payment method on a recurring basis according to your Subscription (e.g., monthly, or as otherwise stated). Failure to pay the Fees when due will result in removal or suspension of your access to the Services (including any Rental Items provided). Unless otherwise set forth in the applicable Subscription terms, all Fees are due and payable in advance for each Subscription period. Invoices will be sent from Sift Skills to the email address you have on file. Unless otherwise set forth in the applicable invoice, all Fees are due and payable to Sift Skills immediately upon receipt of Sift Skills' invoice. If you cancel a paid monthly Subscription (or other recurring Subscription), your cancellation will be effective at the end of the then-current billing period (and you will continue to have access through the end of that billing period), and cancellation stops future charges only. For clarity, we do not provide refunds or credits for any partial billing period (including for unused time) except as expressly provided in these Terms or required by applicable law. ALL FEES ARE FINAL AND NON-REFUNDABLE.

7.2 Payment Processors

Sift Skills uses third-party providers (such as Stripe) to securely store your payment card information and process your payments ("Payment Processors"). When you purchase a Subscription or otherwise make an order through the Services (a "Transaction"), our Payment Processors may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, "Payment Information"). You will provide all Payment Information directly to our Payment Processors. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction will be presented to you before you place your order. When you initiate a Transaction through the Services, you authorize our Payment Processors to complete your Transaction, and to charge your payment method for the Transaction (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All fees and applicable taxes, if any, are payable in United States dollars. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

7.3 Identity Verification

Sift Skills also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your Transaction or other use of the Services. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

7.4 Transaction Cancellation; Verification

Sift Skills reserves the right to not process or to cancel your Transaction in certain circumstances; for example, if your credit card is declined, if we suspect the request or Transaction is fraudulent, or in other circumstances Sift Skills deems appropriate in its sole discretion. Sift Skills will either not charge you or refund the charges for Transactions that we do not process or cancel. For clarity, this Section 7.4 applies to Transactions we do not process or cancel (e.g., due to suspected fraud), and does not provide a refund right for user-initiated Subscription cancellation.

7.5 Fee Disputes

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Sift Skills.

7.6 Chargebacks

Between you and us, you are solely responsible for any chargebacks, disputes, reversals, returns, or similar payment claims relating to your transactions, and any associated fees, fines, penalties, assessments, retrieval fees, or other amounts imposed by card networks, ACH operators, banks, or our Payment Processors ("Chargeback Liabilities"). To cover or mitigate any actual or anticipated Chargeback Liabilities, we may, in our sole discretion, (a) net, set off, withhold, delay, reverse, or adjust any current or future payouts to you; (b) debit any payment method or bank account on file; (c) require, fund, and maintain a reserve in an amount we determine necessary; and/or (d) suspend, limit, or terminate your access to the Services. We do not control and are not responsible for any issuer, network, bank, or Payment Processor determinations regarding chargebacks, and we have no obligation to you for the outcome of those determinations.

7.7 Auto-Renewal Notice

By subscribing to a monthly or annual Subscription, you acknowledge and agree that your Subscription will automatically renew at the end of each billing cycle, unless canceled in accordance with these Terms. We will send you a renewal notice prior to the end of your billing period, and your payment method will be charged automatically unless you cancel beforehand. You may cancel your subscription at any time through your account settings. Any cancellation will take effect at the end of the then-current billing period, will stop future charges only, and will not deactivate your Account or terminate access until the end of the paid term (unless your access is suspended earlier under these Terms).

7.8 Future Functionality

You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Sift Skills regarding future functionality or features unless specifically agreed upon in writing by Sift Skills.

7.9 Account Status Following Cancellation; Deactivation; Permanent Deletion

Subscription cancellation is not Account deactivation. If you cancel a paid Subscription, your Account will remain active through the end of the then-current paid term (unless your access is suspended earlier under these Terms). If you deactivate your Account using the Services, deactivation immediately removes your access. If you request permanent deletion through the Services or by contacting support, we will process that request in accordance with applicable law and our data retention obligations. Candidate Data associated with your account will be permanently deleted within 90 days of your subscription becoming inactive.

7.10 Pricing Upon Reactivation

If your Account is deactivated and later reactivated, any reactivation (including purchase of a new Subscription) will be subject to the then-current pricing and Subscription terms in effect at the time of reactivation.

8. Indemnification

8.1 Indemnification by User

You agree to indemnify, defend and hold harmless Sift Skills and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from and against any and all losses, claims, damages, judgments, demands, actions, proceedings, investigations (whether formal or informal), or expenses (including reasonable attorneys' fees), or threats thereof, due to, arising out of or relating to (a) your breach of these Terms or the documents they incorporate by reference; (b) your violation of (i) any law or (ii) the rights of a third-party; (c) your use of the Services (including any personal injury, death, or damage to real or tangible personal property arising from or connected with your use of the Services); (d) your violation of the rights of a third party, including but not limited to intellectual property rights; or (e) any overt harmful act toward any other user of the Services with whom you connected via the Services.

8.2 Indemnification Procedure

In the event of such a claim, suit, or action, we will attempt to provide you notice of the claim, suit, or action at the contact information we have for your account/on file (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Sift Skills reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sift Skills in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, these Terms, or your access to the Services, including the purchase or use of any benefits through the Services.

9. Disclaimers; Limitation of Liability

9.1 Sift Skills Makes No Representations or Warranties; Disclaimer

9.2 Limitation of Liability

Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in this section. If you are in such a jurisdiction, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted by applicable law.

10. Dispute Resolution

10.1 Mandatory Arbitration of Disputes

We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Sift Skills agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Sift Skills are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. Any Disputes arising out of or relating to these Terms or the Services will be governed by the laws of the State of Delaware, and shall be resolved in the state or federal courts located in Suffolk County, Massachusetts.

10.2 Exceptions

As limited exceptions to Section 10.1 above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.

10.3 Conducting Arbitration and Arbitration Rules

The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. The arbitration will be conducted in English, and the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

10.4 Arbitration Costs

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and each party shall bear its own costs and expenses of arbitration, including legal fees.

10.5 Injunctive and Declaratory Relief

Except as provided in Section 10.2 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

10.6 Class Action Waiver

10.7 Opt-Out

You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing legal@siftskills.com with your name and a statement that you wish to decline this arbitration agreement.

11. Miscellaneous Terms

11.1 These Terms May Change

We reserve the right, at our sole discretion, to update, change, modify, or replace any part of these Terms by posting updates and changes to the Services. We may elect to notify you of such changes by mail, email, posting of modified Terms, or some other similar manner. However, it is your responsibility to check the Services regularly for changes to these Terms. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

11.2 Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

11.3 Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Services, or when you cease using our Services.

We are free to terminate (or suspend access to) to your use of the Services (or any part thereof) or your Account, if (i) you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, or (ii) for any other reason in our sole discretion. We also may terminate these Terms at any time without notice. Even after your right to use the Services is terminated, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination and the Terms will remain enforceable against you.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, but without limitation, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.

11.4 No Assignment of the Terms

You may not assign these Terms to any other party. We may assign these Terms or delegate any or all of our rights and responsibilities under these Terms to any third parties, without notice to you.

11.5 Governing Law

These Terms and all Disputes arising out of or relating to the Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware in the United States, without regard to its conflict of laws principles.

11.6 Waiver

No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy by us shall not preclude further exercise or any right or remedy by us. No waiver by us shall be valid unless in writing signed by us.

11.7 Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

11.8 California Users And Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

11.9 Export Controls

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You represent that you are not located in a country that is subject to a U.S. Government embargo or that has been designated as a "terrorist supporting" country.

11.10 Entire Agreement

These Terms, our Privacy Policy and any other policies or operating rules posted by us on the Services or in respect to the Services constitute the complete and exclusive agreement and understanding between you and us related to the Services, and supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

11.11 Contact Information

Questions about these Terms should be sent to us at legal@siftskills.com.