Terms and conditions

1. Acceptance of these terms and conditions

Before accessing and using this App, the user (hereinafter “User” or “You”) must read, understand and accept these Terms and Conditions. When accessing the App, You must accept these Terms and Conditions.

2. Changes to the terms and conditions

Sqill reserves the right to amend, modify, update or remove, in whole or in part, at any time, without prior notice and with immediate effect these Terms and Conditions. You should review these Terms and Conditions from time to time in order to confirm if any updates or changes were made hereto.

If Sqill amends the Terms and Conditions, it will post the relevant changes on the App and will indicate at the bottom of this page the date of the last update. If You do not agree to abide by these or any future Terms and Conditions, You should not use or access (or continue to use or access) the App. It is your responsibility to regularly check our App to determine if there have been changes to these Terms and Conditions and to review such changes.

3. Access to the app

Access to the App requires registration. In order to register on the App, You must create an Account. For this purpose, You (in case of independent entrepreneurs) or your employer, partner or the entity through which You had access to the App (hereafter the “Company”), must have subscribed Sqill's services and provided Sqill with the contact details for the creation of the your Account, at least: an email address, first and last names. The User ensures that all data provided are true, exact, current and authentic, and must keep them permanently updated.

After ensuring the Account is created, as provided above, the User may set its own password. The User must keep confidential the login credentials and shall not disclose them to third parties nor navigate in conditions that allow their use by third parties. Any access and use of the Account through the credentials of the User will be of their exclusive responsibility.

The User can use the button “Forgot Password?” if the access password is lost, in which case a link to create a new password will be generated and sent to the email address indicated when creating the Account.

Where the User chooses to connect a third-party social media account (such as a Meta or TikTok account) to the App, the User represents and warrants that they have the authority to grant the App access to that account and that such connection complies with the applicable terms of service of the relevant platform.

4. Use of the app

In general, the User must use the App in a responsible, prudent and careful manner and must not disrupt or degrade the continuity, integrity and quality of the resources and functionalities of the same, nor conflict with the rights and/or possibilities of use on the part of other users.

The User undertakes not to use the App to make available or share any content that is illegal, false, misleading, threatening, malicious, abusive, defamatory, injurious, invasive of privacy; racially, ethically or morally reprehensible, harmful or offensive to the dignity of persons or harmful to minors, namely through the available communication channels or through the videos uploaded.

The User is expressly prevented from sharing information or content which belongs to third parties and which the User is not entitled to use, including, but not limited to, content which is protected by third party intellectual property rights (“IPR”) or content containing personal data of third parties.

The use of the App to provide or transmit any type of material which contains or may contain viruses, worms, defects, Trojan horses or other item or computer codes, files or programmes which may interrupt, destroy or limit the functionality of any computer equipment or system is expressly forbidden.

The User shall not make available or transmit any unsolicited or unauthorised content such as SPAM; or collect, make available, transmit or exploit information about other users for unauthorised purposes.

When using the App in connection with Meta or TikTok integrations, the User must additionally:

• Comply at all times with Meta’s Platform Terms and TikTok’s Developer Terms of Service, as updated from time to time;
• Not use data retrieved from Meta or TikTok APIs for any purpose other than those expressly provided within the App;
• Not use the App to scrape, aggregate or otherwise collect data from Meta or TikTok platforms in a manner not authorised by the respective platform's terms;
• Not misrepresent their affiliation with TikTok or Meta, or imply that the App is part of, endorsed by, or affiliated with either platform;
• Not remove or circumvent any copyright mechanisms, watermarks, or attribution identifiers present in content retrieved from Meta or TikTok platforms.

5. Intellectual property rights

The User acknowledges that the structure and layout of the App, the selection, organization and presentation of its content, including its functions and the software it uses, as well as the trademarks, logos and symbols presented on it, are the property of or have been duly licensed in favor of Sqill.

The User further acknowledges that the contents of this App (texts, images, graphics, marks, sounds and animations and all other information and elements contained therein) are protected by IPR and that such rights must be respected.

These Terms and Conditions do not grant, and shall not be construed as granting, any license, right, or interest in or to any IPR contained within the App. The User is not authorized to transmit, communicate to the public, publish, make available, modify, transform, copy, sell, use or distribute, by any means, the text, images and other information contained or that are part of the App, without previous written authorization from Sqill. The use of brands and logos in the App, as well as the availability of its materials and products, do not grant (and cannot be interpreted as granting) permission to the Users to use, directly or indirectly, such brands, logos and materials.

Nothing in these Terms and Conditions grants the User any right to use the trademarks, logos, or brand assets of Meta Platforms, Inc. or TikTok / ByteDance. Any such use is subject exclusively to the applicable brand guidelines of those platforms.

6. Video upload

When uploading a video, the User declares and warrants that there are no restrictions regarding the uploaded video, namely, that the submitted content does not infringe any IPR or related right or personality right belonging to a third party (including personal data rights). Accordingly, the User warrants that she/he holds all necessary licences, authorisations and rights to use third party content in the uploaded video.

The User, when uploading a video and as the IPR owner of the video, grants Sqill a non-exclusive and universal licence to exploit the work for the duration of the IPR in accordance with Portuguese law, expressly and irrevocably, without limitation as to the manner or means of exploitation.

When the User is not the owner of the IPR of the video, the User ensures she/he was authorised by the owner of the IPR to provide Sqill with a license in the described terms.

Where content is retrieved from Meta or TikTok platforms via the App, the User acknowledges that such content remains subject to the intellectual property terms and content policies of the originating platform. The User shall not use the App to download, reproduce, or redistribute such content in any manner that violates the terms of the relevant platform.

7. Personal data

Personal data will be processed under the terms set out in the Privacy Policy.

Where the User connects a Meta or TikTok account to the App, Sqill will access and process data from those platforms solely as described in the Privacy Policy and in accordance with Meta's Platform Terms and TikTok's Developer Terms of Service. The User acknowledges that Meta Platforms, Inc. and TikTok / ByteDance are independent data controllers for data processed on their own systems, and that their respective privacy policies apply to data held by them.

8. Liability and warranties

The User acknowledges that any use she/he makes of the App is at her/his own risk and that she/he is solely responsible for any damage caused to the computer system and/or equipment or for any other damage or loss, including loss or damage to data, resulting from the use of the materials, content or information obtained by any means through the App.

The User further acknowledges that she/he will use the App in accordance with what was agreed and established directly with the Company.

The Company assumes liability for loss of sales, reputation damage, or financial impact to a User or third party from content created in the App.

Sqill does not guarantee that:

• The App or any functionality available on it will meet any needs or expectations of the User;
• The advices, recommendations or information of any kind presented or made available on the App or obtained through its use, are current, accurate, complete or free from errors;
• Any material or other content made available by third parties through the App is safe, legal or appropriate;
• The qualities, functions or characteristics of the products, services, information or other materials or content disclosed on the App fulfil any expectations of the Users.

Sqill shall not be liable for any errors that may occur due to system irregularities, failures (temporary or permanent) of the App, its applications or other tools, nor shall it be held liable for any damages resulting from the improper use or impossibility of using the App.

With respect to the Meta and TikTok integrations specifically:

• Sqill does not guarantee the continued availability of the Meta Graph API or TikTok APIs, and shall not be liable for any interruption, modification, or discontinuation of those services by their respective platforms;
• Sqill is not responsible for the accuracy, completeness, or legality of data retrieved from Meta or TikTok platforms;
• Meta and TikTok reserve the right to suspend or revoke API access at any time, which may affect the availability of related features within the App. Sqill shall have no liability to the User in such event.

Except for Sqill's gross negligence or wilful misconduct, the User and the Company shall indemnify, protect, defend and hold harmless Sqill and its agents, partners and shareholders, from and against any and all claims, damages, losses, and/or damages, liens, judgments.

The User shall further indemnify Sqill against any claims arising from the User's breach of Meta's Platform Terms or TikTok's Developer Terms of Service in connection with their use of the App.

9. Third-party platform integrations

The App integrates with the following third-party platforms, whose terms govern the respective integrations.

9.1 Meta (Facebook & Instagram)

sqill GO! uses the Meta Graph API to retrieve data from connected Facebook and Instagram Business or Creator accounts. The User’s use of such features is subject to Meta’s Terms of Service and Meta’s Platform Terms. Meta is not a party to these Terms and Conditions and bears no responsibility for the App or its content.

9.2 TikTok

sqill GO! uses TikTok’s developer APIs to retrieve data from connected TikTok accounts. The User’s use of such features is subject to TikTok’s Terms of Service and TikTok’s Developer Terms of Service. TikTok is not a party to these Terms and Conditions and bears no responsibility for the App or its content.

9.3 General

Sqill does not control and is not responsible for the availability, accuracy, or content of third-party platforms. The User acknowledges that connecting a social media account to the App is voluntary and that access may be revoked by the User at any time through the relevant platform's account settings. Sqill reserves the right to suspend or remove a platform integration at any time without prior notice, including where required to comply with the relevant platform's terms or applicable law.