Terms of Use | Soft Skills Pills

I. SUBJECT

Softskillspills.com and other Soft Skills Pills websites (collectively, the “Website”) are digital services owned and operated by Tochka 2 Ltd. (“we”, “our”, “us”, “Tochka 2” or Company), with UIC 204253608, registered office address in Sofia, 53 Velcho Atanasov str., ent. 1, floor 5,

These Terms of Use (or “Terms”) are intended to govern the use of the Website by visitors and users (the “User(s)”) and provide information about the Soft Skills Pills Services (the “Services”), outlined below.

These Terms are entered into between you (hereinafter referred to as “you” or “your” or “User”) and Tochka 2.

We, along with our affiliates and partners, provide the Services to you via the Website. The Services are subject to the following conditions.

You agree to these Terms when an account is created at the Website, including through partners’ websites (“Account”), access and/or download content and/or use the Website and the Services provided therein. These Terms are a binding contract between you and us regarding your use of the Website, unless a different set of terms of service is set out on a specific site, in which case these Terms will supplement the applicable set of terms of service.

II. DEFINITIONS

Account – an account created for the User on the Website which allows them to access the Services including but not limited to materials, tests and personal user information.
Company – Tochka 2 Ltd., with registration number UIC 204253608, address Bulgaria, Sofia city, 53 Velcho Atanasov str., ent. 1, floor 5,
Cookies – a small amount of information that a web server sends to a web browser, allowing the server to collect feedback from the browser.
Materials – text, drawings, photographs, graphics, sketches, presentations, screencasts and other information provided to the User by the Tochka 2 through the Services.
Order – a written instruction to the Website for the opening of an Account and/or purchase of Subscription.
Subscription – an annual оr monthly subscription to access the Services as per the selected Subscription Option and the current features of the Services provided where automatic payments are possible without requiring user intervention.

III. SERVICES

We are dedicated to providing users of the Services with an interactive and positive experience, while at the same time protecting our rights and the rights of our users.

The Service provided by the Tochka 2 to a User who has subscribed include access to:

Materials which could be used by you to self-grow and self-train communication and leadership and other soft skills through proven working models, on a learn-on-demand basis on your own or together with other peers. A subscribed User will have access to specially developed lectures, articles, practical exercises, testing materials and other information resources.
information resources, including text, graphics, audio and video materials, database, photos, etc., published on the website and/or provided as part of the testing materials.

The Service is purchased as a subscription through an Order. We offer four (4) subscription options: (i) Let me tell you (giving feedback exercise); (ii) Anxiety Party (getting feedback exercise); (iii) Fight or flight (conflict resolution exercise) and (iv) Lost in translation (clear communication exercise), or (v) any other subscription option which might be added to the Services in the future, herein collectively referred to as “Subsrcription Options” and individually to as “Subscription Option”.

The prices, features or options of the Services may depend on the Subscription Option you choose (including any usage or overage fees). We do not guarantee that your particular Subscription Option will be offered indefinitely. We reserve the right to change the prices, features or ptions included in a particular Subscription Option without notice, provided that such changes shall not take effect until your next applicable subscription term.

IV. ACCOUNT

An account may be required to fully access and utilize certain features on our website, including content. However, some content is available without an account. For activities such as purchasing services, an account may not be mandatory, but providing certain information will be necessary. When setting up and maintaining your account (including through our partner’s platforms and/or websites), you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account.

If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security). We may request some information from you to confirm that you are indeed the owner of your account.

In the event that the User’s account on web social networks or other networks is used to register the User for the use of the Service, the party to the Contract shall be the person who is the owner of the account used for registration on the relevant social or other network. In this case, the Provider has the right to access the data necessary to identify the User on the relevant social or other network.

Users must be at least 18 years of age to create an account and use the Services. If we discover that you have created an account that violates these rules, we will terminate your account.

The opening of the account constitutes an acceptance of our offer to provide you with the Services. Every account opening is subject to acceptance by us, and we may confirm such acceptance to you by sending you a confirmation email. Provision of access to the Services constitutes acceptance and provides the subscribed User with access to the content in the Websites’ subscription section.

The Services will be provided for a Subscription fee for a period of 1 year, 6 months or 1 month (Billing Period), whichever option is available and/or seleceted at the Website by the User. By entering into this Agreement, you acknowledge that your Subscription Option/Options (if any), has/have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We will charge (e.g., annually, every 6 months, monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Tochka 2 reasonably could act. To terminate your authorisation or change your payment method, log into your account and manage your automatic subscription payment to us.

You can cancel your Subcription Option or Subscription Options at any time. If you wish to cancel your Subscription Options with us, you must submit a fourtheen (14) days notice. You will not be charged for any cancellations. You can re-subscribe at any time following your cancellation, but we reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

The subscription shall be used by one person only and we have the right to take restrictive and corrective measures against a user for not complying with this requirement, including by termination of subscription without notice.

In the event that the Service is used without registration by the Users, the contract for its use shall be deemed to be concluded from the moment of its first use by the User. In this case, these Terms shall have effect from the moment of the first use of the Service or the Website by the User.

We shall have the right, at our sole discretion, to refuse access and membership to the paid services and membership to a User who has requested it.

By accepting this Terms of Use, the User agrees that the Provider’s Website will track the User’s activity and consumption of content.

V. PAYMENTS

We provide the Service for a fee payable by the User in accordance with the Subscription Option chosen by the User

Information on the various parameters of the Service is available on the Website.

The User shall pay the price of the Service according to the prices announced by the Tochka 2 on its Website.

We occasionally run promotions and sales for our content, during which specific content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout). Any price offered for particular content may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.

A receipt of payment is considered confirmed by any activation of the Service and by other appropriate confirmation, if any.

In the event that the User fails to pay the fee within the specified period, his registration for a Subscription Option/Options shall be deemed invalid and shall be treated as a withdrawal therefrom.

The available payment methods may include credit card, PayPal, Apple Pay, Google Pay and any otheralternative payment methods.

Paddle is our non-exclusive payment processing partner of the Services across all territories and shall be in charge and would support all aspects related to the execution of the payment transaction. Paddle is providing first-tier after-sales support to Users. First-tier after-sales support is limited to invoicing, handling refund requests, payment, reconciliation and initial order-related support. Аny card payments on the Website are made by a Userin Paddle’s system at checkout and are stored on Paddle’s servers. At no point in the payment process does Tochka 2 have access to the User’s payment details.

Recurring automatic payments, are executed on the date on which the registration of the card/payment method was made, respectively the first payment of this type was made. In this case, the User’s Subscription is automatically renewed in line with the selected Billing Period and Subscription Option without the User having to take any further action.

The recurring payment shall be terminated, if the User explicitly refuses the Services / cencels a Subscritption Option, which shall result in the suspension of the automatic renewal of the Subscription. With each automatic payment, the User may be notified of the payment made by automatic email to the email address specified by the User when registering the account.

In case of termination by the User any prepaid Subscription shall be active until its expiration date defined as per the selected Subscription Option. Thereafter, the Subscription shall not be renewed and any recurring payments shall be disactivated. The User shall not be entitled to a refund of the amounts paid by the User for the Service upon cancellation of the Subscription. For the avoidance of any doubt any amounts paid for the previous Billing Periods are not refundable.

VI. PROMO CODES

We may, in our sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for discounts against due fees, or for other features or benefits provided through the Website, subject to any additional terms that we may (in our sole discretion) establish in respect of such Promo Codes. They can be activated following the instructions indicated accordingly in the Websites.

You acknowledge and agree that the Promo Codes are one-time offers and can only be redeemed via the Website. We reserve the right to modify or cancel Promo Codes at any time. Promo Codes are non-transferable and may not be resold.

VII. RIGHTS AND OBLIGATIONS OF THE PARTIES

The User shall have the right to use the Service in good faith and for its intended purpose.

In using the Services, the User must not use any software, scripts, programming languages or other technologies that could create difficulties in its use by other users.

When using the website and the Materials, the user undertakes not to distribute or use in any way and not to make available or give access to third parties any information, data, text, sound, files, software, music, photographs, graphics, video or audio materials, messages or any other materials that:

Contravene the laws of the Republic of Bulgaria, applicable foreign laws and good morals;
are obscene, pornographic, offensive, racist or otherwise violative of morality and good morals;
Contain a threat to the life and/or bodily integrity of a person;
Violate another’s intellectual property rights;
Violate the property or moral rights of others;
Contain junk mail, spam, chain letters, pyramid schemes and/or any other means of advertising for which the User has not obtained the Tochka 2’s express consent.
Contain computer viruses, Trojan horses or other malicious programs and systems that prevent or are capable of preventing the normal operation of computer systems.

It is prohibited to visit the Website by automatic means in order to systematically extract information from it or in order to functionally link the content of the website to another website.

The User shall provide its own equipment to access the Service.

If Tochka 2 is unable to provide the User with Services, Tochka 2 may offer alternatives. In the event of disagreement by the User, Tochka 2 undertakes to refund the cost of the Services not provided to the User within 30 days.

We have the right to amend and/or supplement the Мaterials and to amend, supplement or terminate these Terms of Use at any time.

We are not obliged to use any particular software or software version to provide the Services. Tochka 2 is under no obligation to maintain, modify or add functionality to the Services or to the software used to provide the Services.

VIII. SUSPENSION AND TERMINATION

Tochka 2 shall suspend access to the Service in the following circumstances:

in the event of force majeure;
for the time of technical maintenance, of which the Users shall be notified in advance;
in the event of a violation by the Users of the provisions of these General Terms of Use which is not material in its sole discretion;
The User has not paid the fee due by him.
Once the circumstances referred to in the preceding Articles have ceased to exist, access to the Service shall resume.

In the cases referred to in the previous Article, Tochka 2 is obliged to promptly restore the provision of the Service after the circumstance that caused the suspension has ceased.

We can terminate access to the information and Services in the following cases:

in the event of a material breach of the provisions of these General Terms of Use by the Users, in its sole discretion;
upon termination of the General Terms of Use;
upon application by the User;
upon the User’s disagreement with the changes in the General Terms of Use, addressed to us.

We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for the termination of your account, removal of your content, or blocking of your access to our platforms and services.

If a User fails to comply with our standards of conduct and communication, we reserve the right to exclude the relevant User from the platform without notice or explanation.

VIII. SUSPENSION AND TERMINATION

Tochka 2 shall suspend access to the Service in the following circumstances:

in the event of force majeure;
for the time of technical maintenance, of which the Users shall be notified in advance;
in the event of a violation by the Users of the provisions of these General Terms of Use which is not material in its sole discretion;
The User has not paid the fee due by him.
Once the circumstances referred to in the preceding Articles have ceased to exist, access to the Service shall resume.

In the cases referred to in the previous Article, Tochka 2 is obliged to promptly restore the provision of the Service after the circumstance that caused the suspension has ceased.

We can terminate access to the information and Services in the following cases:

in the event of a material breach of the provisions of these General Terms of Use by the Users, in its sole discretion;
upon termination of the General Terms of Use;
upon application by the User;
upon the User’s disagreement with the changes in the General Terms of Use, addressed to us.

If a User fails to comply with our standards of conduct and communication, we reserve the right to exclude the relevant User from the platform without notice or explanation.

IX. PERSONAL DATA

Tochka 2 takes measures to protect the User’s personal data in accordance with the Personal Data Protection Act.

Tochka 2 adopts and publishes on its website a Privacy Policy, available at the following link.

By accessing and using the Services, you represent and warrant that you agree and accept our Privacy Policy.

You agree that Tochka 2 has the right to process your personal data in accordance with our Privacy Policy.

At any time before, during or after the provision of the Service, Tochka 2 shall have the right to require the User to identify himself and to verify the veracity of any of the circumstances and personal data disclosed during registration.

XI. INTELLECTUAL PROPERTY

All Materials, as well as elements of the content of the website through which the Service is provided, including designs, software programs, databases, text, drawings, photographs, graphics, sketches, presentations and other information or elements, are subject to copyright under the protection of the Copyright and Related Rights Act and other laws applicable to intellectual property and are the property of Tochka 2 and/or its partners who have provided the relevant materials for publication.

When you open an account with us and/or subscribe to our Services, you get a license from us to access the Materials via the Websites’ subscription section. We grant you an access license for the the respective Subscription Option, except when we must disable the content because of legal or policy reasons or for enrollments via Subscription Options. In legal, more complete terms, Tochka 2 grants you a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited.

The content of the Materials is licensed, and not sold, to you. This license does not give you any right to make screenshots, including to share account information with a another person or illegally download the content and share it on torrent sites.. You shall not in any manner sell, resell, sublease, assign, license, or sublicense the Services and/or Materials or any component thereof or offer the same to third parties, for consideration or not. You shall not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt,edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a Tochka 2 authorized representative.

The use of the Materials as well as the Website content and any intellectual property rights objects published on the Website is only permitted in connection with the self-learnign perposes, subject to the retention of all copyright and other intellectual property rights notices.

The User may not obtain, modify or use the source code of the software used to provide the Service.

The User shall be entitled to use a title and/or part of text from the Website, provided that this does not cause any damage to Tochka 2 while retaining the designation of the name of the Website and providing an electronic link to it and/or its partners, on which all material is published and from which the texts are copied. The manner of opening the electronic link shall not mislead the user with regard to Tochka 2 and/or its partners and their services, restrict him in frames or otherwise bind him to an interface alien to Tochka 2 and/or its partners.

The information received may not be directly or indirectly modified, distributed and/or reproduced as derivative products. Tochka 2 reserves the right to discontinue the submission of information at any time without prior notice.

Any use, reproduction, modification, public display, etc. of part or all of the content of the Materials or other information resources provided in connection with the Service, beyond that specified in the preceding Articles, requires the express written permission of Tochka 2. Reproduction, modification, public display, etc., of any part or all of the content of the Website without the express written permission of Tochka 2 is prohibited.

In case of providing to third parties, use, copying, printing or reproduction of educational materials and resources beyond the permissible personal use, and specified in these Terms of Use, as well as in case of any other infringement of intellectual property rights on Tochka 2’s Materials and resources provided as part of the Services, the User shall owe Tochka 2 a penalty of EUR 10 000 (ten thousand) for each separate infringement.

The provisions of the preceding Article shall not deprive Tochka 2 of the possibility to claim, on a general basis, the full amount of the damages suffered in excess of the amount of the agreed penalty.

By accepting these Terms of Use, the User undertakes not to infringe the intellectual property rights of others when participating using the Website.

XII. LIMITATION OF LIABILITY

Tochka 2 shall not be liable for any loss, damage or loss of profit resulting from the use of the Services. Tochka 2 does not warrant that the Materials and information services provided are uninterrupted or error free.

Tochka 2 shall not be liable for any damages or loss of profits resulting from the suspension, alteration or restriction of access to the Service, materials, information, deletion, modification, loss, unreliability, inaccuracy, or incompleteness of any messages, materials or information transmitted, used, recorded or made available in connection with the Services.

The Services and the information on the Website are provided “as is” and Tochka 2 accepts no liability for the timeliness, deletion, failure to deliver or retention of the User’s personal settings, or for any damages or loss of profits arising out of, resulting from or due to the use of the Service and information, including the inability to use due to technical problems, maintenance, etc. Tochka 2 shall have no obligation to ensure that the User’s particular or specific needs or requirements are met.

Tochka 2 shall not be liable for any results or benefits not achieved by the User during and after the completion of the Services. Tochka 2 shall not be liable to refund any or all of the fee for the Services in the event that the User does not achieve the expected outcomes and benefits during and after the use of the Services.

Tochka 2 shall not be liable for any damage caused to the software, hardware or other equipment, or for any loss of data arising from the information or other resources accessed or used in any way through the Website in connection with the Services.

Tochka 2 does not warrant that the Website through which the Service is provided is free from computer viruses, Trojan horses or other malicious programs and systems that interfere with the normal operation of computer systems.

Tochka 2 is not responsible for third-party websites, as well as for their content and products whose hyperlinks are accessible via the Website. The User is responsible for his/her access to third-party websites, as well as all risks associated with accessing and using third-party content, products and services.

The alternative dispute resolution body within the meaning of Article 181n, paragraph 4 of the Consumer Protection Act is the conciliation commission of the Consumer Protection Commission. In case of a dispute you can use the Commission’s website kzp.bg

XIII. COMMUNICATIONS

All communications and notices exchanged between the parties shall be in writing.

The written form shall also be deemed to be complied with when they are made by telefax, e-mail, hyperlink or other technical means which excludes the possibility of inaccurate reproduction of the statement.

The written form shall also be deemed to have been complied with when Tochka 2 places the relevant message or notification in a prominent place on the Website. Messages placed prominently on the website shall be deemed to have been received by the User without the need for explicit confirmation.

XIV. NOTICES

The User shall indemnify Tochka 2 and third parties for all direct and indirect damages and loss of profits, including legal fees and attorney’s fees, which result from the User’s or persons for whom the User is liable’s failure to comply with the terms of these Terms.

XV. AMENDMENT AND ACCESS TO TERMS AND CONDITIONS

The applicable version of the Terms and Conditions will be deemed to be the one last published on the Website.

Tochka 2 and the User agree that any addition to and amendment of these Terms of Use shall be effective against the User upon notification by Tochka 2 and unless the User states within 14 days that it rejects them.

The User agrees that all notices from Tochka 2 in relation to the amendment of these terms and conditions will be sent to the email address provided by the User when registering to use the Services. The User agrees that e-mails sent pursuant to this Article need not be signed with an electronic signature in order to be effective against him.

In all cases, your continued use of the Services after publication of such changes, with or without notification,constitutes binding acceptance of the revised Terms.

XVI. TERMINATION

The contract for the provision of the Services is terminated:

with the expiry of the term of the contract, according to the period of provision of the Services chosen by the User;
with the termination of the User’s registration to use the Services;
upon termination and liquidation or bankruptcy of one of the parties to the Contract;
by mutual agreement of the parties in writing;
unilaterally upon notice by either party in the event of failure of the other party to perform its obligations;
in case of objective impossibility of either of the parties to the contract to perform its obligations;
in the cases referred to explicitly in these Terms.

Tochka 2 shall have the right at its own discretion, without giving notice, to terminate the contract unilaterally in the event that it finds that the services provided are being used in violation of these Terms, the legislation in the Republic of Bulgaria and generally accepted moral norms.

XVII. OTHER CONDITIONS

The invalidity of any provision of these Terms shall not invalidate the entire contract.

The laws of the Republic of Bulgaria shall apply to any matter not covered by the Terms / Contract relating to the performance and interpretation thereof.

All disputes between the parties to these Terms shall be settled by the competent court in Sofia, Bulgaria or the User Protection Commission.

These Terms and any policies or operating rules posted by us on the Website or with respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Website. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

These Terms came into force for all Users on Jan 24, 2023

Last update Jan 24, 2023