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Terms of Use

Last updated: March 5, 2026

Agreement Between the User and SKA Digital LLC

Welcome to MarketSim. SKA Digital LLC ("SKA Digital," "we," "us," or "our") operates the MarketSim marketing simulation platform (the "Platform") accessible at modernsims.com and all associated subdomains (collectively, the "Site").

By creating an account, accessing, or using the Site, you agree to be bound by these Terms of Use ("Terms"), our Privacy Policy, and our Refund Policy, which are incorporated herein by reference. If you do not agree to these Terms, do not use the Site.

1. Eligibility

The Site is intended for users who are 18 years of age or older, or enrolled college/university students using the Platform as part of an instructor-led course. If you are under 18, you may use the Site only with the permission of a parent, guardian, or instructor.

2. Accounts and Registration

To use the Platform, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at support@skadigital.xyz if you suspect unauthorized access.

You may not share your account with others, use another person's account, or create accounts under false identities.

3. Payment and License

Access to the Platform requires payment of a per-student license fee. All payments are processed securely through Stripe. We do not store your credit card information. By purchasing a license, you receive a non-exclusive, non-transferable, revocable right to access and use the Platform for the duration of your course or simulation.

You may not resell, sublicense, or transfer your license. Refunds are subject to our Refund Policy.

4. Code of Honor

By using the Platform, you agree that you will:

  • Not receive unauthorized aid in using the Platform;
  • Not share decisions, data, materials, or screenshots with anyone outside your team and instructor;
  • Not use artificial intelligence tools to generate or formulate your simulation decisions;
  • Report violations of this Code of Honor to your instructor.

5. Acceptable Use

You agree not to:

  • Use the Platform for any unlawful purpose;
  • Attempt to gain unauthorized access to any part of the Platform, other accounts, or related systems;
  • Interfere with or disrupt the Platform or its infrastructure;
  • Upload viruses, malicious code, or harmful content;
  • Impersonate another person or entity;
  • Attempt to access instructor or administrator features if you are a student;
  • Scrape, crawl, or use automated means to access the Platform without our written consent;
  • Provide false, inaccurate, or misleading information.

6. Intellectual Property

All content on the Site, including text, graphics, logos, software, simulation logic, and data visualizations, is the property of SKA Digital LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from any Platform content without our prior written consent.

You retain ownership of any content you submit to the Platform (such as team names, strategies, and decisions). By submitting content, you grant us a limited license to use it for the purpose of operating and improving the Platform.

7. Data and Privacy

Your use of the Platform is also governed by our Privacy Policy. We are committed to protecting student data and do not sell personal information to third parties.

8. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SKA DIGITAL LLC DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKA DIGITAL LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR YOUR LICENSE FEE.

10. Indemnification

You agree to indemnify, defend, and hold harmless SKA Digital LLC and its officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, your violation of these Terms, or your infringement of any third-party rights.

11. Termination

We reserve the right to suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform ceases immediately. Sections of these Terms that by their nature should survive termination will survive.

12. Changes to These Terms

We may update these Terms at any time. We will notify users of material changes by posting the updated Terms on the Site with a revised "Last updated" date. Your continued use of the Platform after changes are posted constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, U.S.A., without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts located in the State of Wyoming.

14. Contact Us

If you have questions about these Terms, please contact us:

SKA Digital LLC
Email: support@skadigital.xyz