If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into this Terms on behalf of such company or other organization.
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH
READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS
CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS
YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SKYOPS
IF YOU ARE A SKYOPS USER, VIEWER, OR INVITEE LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, OR UNITED KINGDOM, THE DATA PROCESSING ADDENDUM ACCOMPANIES THESE TERMS AND SETS FORTH OTHER TERMS OF OUR AGREEMENT THAT APPLY SOLELY TO THE EXTENT ANY INFORMATION YOU PROVIDE TO SKYOPS INCLUDES PERSONAL DATA OF INDIVIDUALS LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND, AND THE UNITED KINGDOM.
Skyops’s Website facilitates online scheduling of appointments. You may access and use the Website in accordance with these Terms. Please note that these Terms govern your use of the Website, including, but not limited to, the process through which your Invitees schedule appointments with you.
When using the features of the Website you are subject to any agreements, policies or guidelines applicable to such features that may be posted from time to time.
We invite you to use this Website for your individual purposes and not for the purposes of reselling (“Permitted Purposes”) – enjoy!
Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and a limited, personal, non-exclusive and non-transferable right to access and use the Website following set-up of a Free Account or Paid Account as set forth below. You have no other rights in the Website and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any portion of the Website in any manner. If you make copies of any portions of this Website while engaging in Permitted Purposes then we ask that you be sure to keep on these copies all of our copyright and other proprietary notices as they appear on this Website.
Subject to these Terms, we also grant you a limited, personal, non-exclusive, nontransferable license to download, install and operate any plug-ins, software, information, or other content that we may from time to time have specifically identified within the Website as available for download solely in connection with accessing the Website, including, but not limited to, relevant Skyops browser extensions (“Downloadable Tools”). Such Downloadable Tools are also subject to the additional terms provided to you upon download, including without limitation our End User License Agreement.
Our Website is not intended for and may not be used by individuals under 16 years of age. By registering for a Skyops account, you state that you are at least 18 years of age, and you are responsible for ensuring that all Skyops Users and Invitees are at least 16 years old. Creating an account with false information is a violation of our Terms, including creating an account on behalf of others or persons under the age of 18.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks. Our Website is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
By using the Website, you consent to receiving emails from us. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to this Website. These emails are part of your relationship with us. By scheduling a meeting as an Invitee with a Skyops User, you consent to receiving transactional emails related to the scheduled meeting (e.g. booking confirmations and reminders). If, as an Invitee, you provide your phone number for text reminders, you also consent to receiving SMS texts reminders from Skyops related to the scheduled meeting between you and the Skyops User.
You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Skyops has no control over the legal documents and privacy practices of third party websites, and by using them, you may be giving those third parties permission to use or control your information in ways Skyops would not. As such, you access any third party websites at your own risk.
To be clear, we authorize your use of this Website only for Permitted
Purposes. Any other use of this Website beyond the Permitted Purposes is
prohibited and, therefore, constitutes unauthorized use of this Website.
This is because all rights to this Website remain our property.
Unauthorized use of this Website may result in violation of various United States and international copyright laws, the deletion of your Skyops account, or a block from the Website. Unless you have written permission from us stating otherwise, you are not authorized to use this Website in any of the following ways. (Note that these are examples only, and the list below is not a complete list of everything that you are not permitted to do):
You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Skyops, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to Personal Data, or the use thereof, including but not limited to allegations that any processing of Personal Data by Skyops and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, any content that you disclose to Skyops via your use of the Skyops Website, your use of the Website, your violation of these Terms, or your violation of any relevant law.
THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY OF DATA, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure, or error free, or that defects will be corrected. We make no warranty as to the results that may be obtained or as to the accuracy or reliability of any information obtained through the Website. No advice or information, whether oral or written, obtained by you through the Website or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities.
Skyops WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE. IN NO EVENT WILL Skyops BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OPPORTUNITIES, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
Skyops’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO Skyops IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND Skyops AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, EVEN IF Skyops HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will likely tell you. We may even provide you with recommended necessary corrective action(s) if possible. However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website without prior notice to you.
Neither You or Skyops will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to events which are beyond reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, for ailure, or diminishment of power or telecommunications or data networks or services.
Unless you have specifically notified Skyops to the contrary in writing (including via email to firstname.lastname@example.org), Skyops may disclose your company as a customer of Skyops (if you use Skyops for business purposes and/or use a business email address as your Skyops User email address), and may use your company’s name and logo on the Website and in Skyops’s promotional materials. Skyops will request your prior written consent for any other uses.
We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an email to the address you gave us. These Terms are current as of the Effective Date set forth above. If any changes are made to these Terms, we’ll post them on this page, so please be sure to check back periodically. If you continue to use Skyops after those changes are in effect, you agree to the revised Terms. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using this Website. Skyops reserves the right to change any and all features of our Website, at any time, without notice.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at email@example.com.