Terms of Use 

Sky AI, Inc.

Last Modified: September 30, 2024

Acceptance of the Terms of Use 

These terms of use are entered into by and between You and Sky AI, Inc. (“Company,” “we,”, “our” or “us”). The following terms and conditions, together with any documents they incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the artificial intelligence (“AI”)  digital scheduling assistant, including any related software, email applications, mobile applications, or websites, including the websites or applications hosted at sky.ai and including any content, functionality, and services offered on or through any of the preceding (collectively, the “Service”), whether as a guest or a registered user. 

Service Description: The Service uses AI via email to help set internal and external meetings, set your calendar priorities, analyze and summarize attachments and provide responses to queries from Large Language Models (“LLMs”) through affiliated software applications and integrations, including, but not limited to, any associated APIs, email, mobile, or website applications, and other documentation on a subscription basis. The Service also gathers and aggregates data from your calendar about where you spend your time to provide you with personalized analytics.

Please read the Terms of Use carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at sky.ai/privacy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Service.  

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THESE SERVICES INDICATES THAT YOU HAVE BOTH READ AND 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 THE COMPANY. 

Changes to the Terms of Use 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective  immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use  of the Service following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page from time to time so you are aware of any changes, as they are binding on  you.  

Accessing the Service and Account Security 

We reserve the right to withdraw or amend this Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users. 

You are responsible for both: 

● Making all arrangements necessary for you to have access to the Service. 

● Ensuring that all persons who access the Service through your internet connection are aware of these  Terms of Use and comply with them. 

To access the Service or some of the resources it offers, you may be asked to provide certain registration details  or other information. It is a condition of your use of the Service that all the information you provide on the  Service is correct, current, and complete. You agree that all information you provide to register with this Service  or otherwise, including, but not limited to, through the use of any interactive features on the Service, is governed  by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our  Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our  security procedures, you must treat such information as confidential, and you must not disclose it to any other  person or entity. You also acknowledge that your account is personal to you and agree not to provide any other  person with access to this Service or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are  not able to view or record your password or other personal information. 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by  us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any  provision of these Terms of Use. 

Account Type 

Depending on your particular circumstances, your access to and use of the Service may be under a personal  account that you have created on the Service (“Personal Account”), or on a business account that has been  created for you by an employer or other organization (such party an “Enterprise”) that you are associated with  and provided to you by that Enterprise (a “Business Account”), or both.  

Your use of the Service under a Business Account is subject to enterprise or organizational agreements between  Company and the Enterprise through which have received a Business Account, and so your access to the Service and the features available to you on the Service under a Business Account may change without notice to you based upon the requests or instructions of the Enterprise, based upon the Enterprise ceasing its relationship with  Company, or in other circumstances. You acknowledge and agree that your selection or purchase of certain  features or uses of the Service under a Business Account may result in additional costs and fees being charged  to your Enterprise. 

Depending on the preferences of your Enterprise, you may have the opportunity to contemporaneously access  and use the Service under a Personal Account and a Business Account, such that calendar information,  scheduling, availability information, and other information and preferences associated with your Business  Account may be available to your Personal Account for scheduling purposes, and vice versa. By using or  activating such features, you represent and warrant that such features comply with your Enterprise’s information  technology, security, privacy, and other policies, and that Company’s provision of such features of the Service  to you is authorized by the Enterprise.  

You may also have the opportunity to access and use the Service under a Personal Account while providing  information from a calendar, messaging application, or other application that is provided to you by an employer  or other organization that is not an Enterprise user of the Service. By using or activating such features, you  represent and warrant that such features comply with your organization’s information technology, security,  privacy, and other policies, and that Company’s provision of such features of the Service to you is authorized  by the organization. 

Payments and Payment Method 

Accounts: When accessing and using the Service under a Personal Account, you may have the option to select or add additional features or subscriptions and make other purchases through the Service via certain fees. When creating your Personal Account or making any purchases on the Service, you may be required to provide a current, valid, accepted  method of payment, as may be updated from time to time and which may include payment through a third party  (a “Payment Method”). You hereby grant Company the permission to use your Payment Method for completion  of any payments associated with the Service, and to provide your Payment Method to a third-party for  completion of any payments associated with the Service as may be needed. 

Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan or engage in a Subscription Services Agreement and provide Company information regarding your credit card or other payment instrument. You represent and warrant to the Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay the Company the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize the Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let the Company know within sixty (60) days after the date that the Company charges you. We reserve the right to change our prices. If the Company does change prices, it will provide notice of the change on the website or in email to you, a our option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice, or the Service services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on Company’s net income.

Payment Processing: You agree that Company and its third-party payment processors may use your Payment Method for any current purchases, any subsequent additional purchases, any renewals of previously purchased subscriptions or features, and any other purchases  that you initiate or have configured to occur through the Service. The fees and any other charges you may incur  in connection with your use of the Service, such as taxes and possible transaction fees, will be charged to your Payment Method on the date(s) indicated in your Personal Account settings. If your Payment Method is provided through a third party, additional details related to your Payment Method and the payment of fees may be available from the applicable third party. You authorize the Company to charge any Payment Method associated you’re your account. You can update your Payment Methods by contacting the Company or using the tools provided on the Service. Following any update to your Payment Methods, you authorize the Company to continue to charge any newly added or modified Payment Methods. 

Notwithstanding any amounts owed to Company hereunder, Company DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates (“Stripe”), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe’s Global Privacy Policy available at: https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Company assumes no liability or responsibility for any payments you make through the Service.

Refunds and Cancellations: If you sign up for a paid subscription to the Service (a “Paid Subscription”), termination and refunds are subject to the applicable Subscription Services Agreement and corresponding Order Form.

Intellectual Property Rights 

The Service and its entire contents, features, and functionality (including but not limited to all information,  software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned  by Company, its licensors, or other providers of such material and are protected by United States and international  copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

These Terms of Use permit you to use the Service for your personal, non-commercial use only. You must not  reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download,  store, or transmit any of the material on our Service, except as follows: 

● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and  viewing those materials. 

● You may store files that are automatically cached by your Web browser for display enhancement purposes. 

● You may print or download one copy of a reasonable number of pages of the Service for your own  personal, non-commercial use and not for further reproduction, publication, or distribution. 

● If we provide desktop, mobile, or other applications for download, you may download a single copy to  your computer or mobile device solely for your own personal, non-commercial use, provided you agree  to be bound by our end user license agreement for such applications. 

● If we provide social media features with certain content, you may take such actions as are enabled by such  features. 

You must not: 

● Modify copies of any materials from this site. 

● Use any illustrations, photographs, video or audio sequences, or any graphics separately from the  accompanying text. 

● Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from  this site. 

You must not access or use for any commercial purposes any part of the Service or any services or materials  available through the Service.  

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the  Service in breach of the Terms of Use, your right to use the Service will stop immediately and you must, at our  option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by Company. 

Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and  may violate copyright, trademark, and other laws. 

Aggregate Data

Company may collect and store data and information related to your use of the Service, including  communications with Third Party Users and on Third Party Channels, that is used by Company in an aggregate  and anonymized manner, including to compile statistical and performance information related to the provision  and operation of the Service (“Aggregate Data”). 

You hereby unconditionally and irrevocably grant to Company an assignment of all right, title, and interest in and to the Aggregate Data, including all intellectual property rights relating thereto, and applicable to all Aggregate  Date held by Company, whether created or acquired by Company prior to or after your acceptance of these Terms of Use. 

Trademarks 

The name, logo, related terms, product and service names, designs, and slogans are trademarks of Company or  its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All  other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their  respective owners. 

Prohibited Uses 

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to  use the Service: 

● In any way that violates any applicable federal, state, local, or international law or regulation (including,  without limitation, any laws regarding the export of data or software to and from the US or other countries). 

● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing  them to inappropriate content, asking for personally identifiable information, or otherwise. 

● To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the  Content Standards set out in these Terms of Use. 

● To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,”  “chain letter,” “spam,” or any other similar solicitation. 

● To impersonate or attempt to impersonate Company, a Company employee, another user, or any other  person or entity (including, without limitation, by using email addresses or screen names associated with  any of the foregoing). 

● To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or  which, as determined by us, may harm Company or users of the Service, or expose them to liability. 

Additionally, you agree not to: 

● Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere  with any other party’s use of the Service, including their ability to engage in real time activities through  the Service. 

● Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose,  including monitoring or copying any of the material on the Service. 

● Use any manual process to monitor or copy any of the material on the Service, or for any other purpose  not expressly authorized in these Terms of Use, without our prior written consent. 

● Use any device, software, or routine that interferes with the proper working of the Service.

● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or  technologically harmful. 

● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the  server on which the Service is stored, or any server, computer, or database connected to the Service.  

● Attack the Service via a denial-of-service attack or a distributed denial-of-service attack. ● Otherwise attempt to interfere with the proper working of the Service. 

Monitoring and Enforcement; Termination 

We have the right to: 

● Disclose your identity or other information about you to any third party who claims that material posted  by you violates their rights, including their intellectual property rights or their right to privacy. 

● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or  unauthorized use of the Service.  

● Terminate or suspend your access to all or part of the Service for any or no reason, including without  limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court  order requesting or directing us to disclose the identity or other information of anyone posting any materials on  or through the Service. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES,  LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION  TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

However, we cannot review material before it is posted on the Service, and cannot ensure prompt removal of  objectionable material or unauthorized use. Accordingly, we assume no liability for any action or inaction  regarding transmissions, communications, or content provided by any user or third party. We have no liability or  responsibility to anyone for performance or nonperformance of the activities described in this section.  

Reliance on Information Posted 

The information presented on or through the Service, including but not limited to information obtained from AI LLMs,  is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such  information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance  placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any  of its contents. 

This Service may include content provided by third parties, including materials provided by other users,  bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or  opinions expressed in these materials, and all articles and responses to questions and other content, other than the  content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or  liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Changes to the Service 

We may update the content on this Service from time to time, but its content is not necessarily complete or up to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation  to update such material.  

Information About You and Your Visits to the Service 

All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent  to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

Minor Children 

This Service is offered and available to users who are 18 years of age or older. By using this Service, you  represent and warrant that (i) you are of legal age to form a binding contract with Company, or (ii) you are  accepting these Terms of Use with the permission of your parent or legal guardian, and such parent or legal  guardian accepts these Terms of Use on your behalf to the extent that you are not able to form a binding contract  with Company. 

Linking to the Service and Social Media Features 

You may link to portions of the Service where such functionality is provided, provided you do so in a way that  is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in  such a way as to suggest any form of association, approval, or endorsement on our part.  

This Service may provide certain social media features that enable you to: 

● Link from your own or certain third-party websites to certain content on this Service. 

● Send emails or other communications with certain content, or links to certain content, on this Service. 

● Cause limited portions of content on this Service to be displayed or appear to be displayed on your own  or certain third-party websites. 

You may use these features solely as they are provided by us, and solely with respect to the content they are  displayed with. Subject to the foregoing, you must not: 

● Establish a link from any website that is not owned by you. 

● Cause the Service or portions of it to be displayed on, or appear to be displayed by, any other site, for  example, framing, deep linking, or in-line linking. 

● Link to any part of the Service other than the homepage. 

● Otherwise take any action with respect to the materials on this Service that is inconsistent with any other  provision of these Terms of Use. 

The website from which you are linking, or on which you make certain content accessible, must comply in all  respects with the Content Standards set out in these Terms of Use. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve  the right to withdraw linking permission without notice. 

We may disable all or any social media features and any links at any time without notice in our discretion.  Links from the Service 

If the Service contains links to other sites and resources provided by third parties, these links are provided for  your convenience only. This includes links contained in advertisements, including banner advertisements and  sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for  them or for any loss or damage that may arise from your use of them. If you decide to access any of the third 

party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions  of use for such websites. 

Local Laws; Export Control.

We control and operate the Service from our headquarters in the United States of America and the entirety of the Services may not be appropriate or available for use in other locations. If you use the Service outside the United States of America, you are solely responsible for following applicable local laws.

The Company and you shall comply with all relevant United States export control laws and regulations. Without limiting the foregoing: (a) you acknowledge that the Service may be subject to the United States Export Administration Regulations; (b) you affirm that you are not, and you will not (i) permit a registered user or guest to access or use the Service in a United States embargoed country; (ii) or permit a registered user or guest on the U.S. Commerce Department’s Denied Persons, Entity, or Unverified Lists or (iii) permit a registered user or guest on the U.S. Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list; and (c) you are responsible for complying with any local laws and regulations which may impact your right to import, export, access, or use the Service.

Disclaimer of Warranties 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the  internet or the Service will be free of viruses or other destructive code. You are responsible for implementing  sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and  accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any  lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS  OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER  TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,  COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE  SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR  DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED  THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY  SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND  “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR  IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY  WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY,  RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT  LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY  REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS  OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR  UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT  MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT  THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL  OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL  WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,  INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR  LIMITED UNDER APPLICABLE LAW. 

Limitation on Liability 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES,  OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS  BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN  CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED  TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,  INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT  NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF  REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS  OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), 

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BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE  COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR  LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY  PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR  OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO COMPANY, FOR THE APPLICABLE  PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE, IN THE LAST 3 MONTHS. 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED  UNDER APPLICABLE LAW. 

Interactions with Third Parties on the Service 

You understand that we are a technology company that provides a communication Service that may allow you  to share information with, and receive information from, others users of the Service, and may allow you share  information with, and receive information from, third party providers of services and goods that are linked to the  Service (“Third Party Providers”). Any information you share with other users or Third Party Providers through  the Service, or in relation to the Service, is shared at your own risk. We make no warranty for, and expressly  disclaim any warranty or liability for, any information you provide to or receive from other users or Third Party  Providers through the Service, or in relation to the Service, and you acknowledge that any use or reliance on  such information is at your own risk. While we may provide some level of moderation or enforcement of  information provided through or in relation to the Service, we do not, and cannot ensure the accuracy, safety, or  compliance with any law or policy for any particular information. You acknowledge and agree that any interaction  you choose to have with any other user of the Service or Third Party Provider, whether on the Service or outside  the Service, is solely at your own risk, and Company has no responsibility, liability, or obligation to you with  respect to such interactions. You acknowledge and agree to take steps to protect yourself and ensure your own  safety in relation to any such interactions with others users of the Service or Third Party Provider, including but  not limited to verifying the identity of those parties, reviewing public information that describes those parties,  and interacting with those parties in a manner, location, time, and setting that is selected to ensure your safety.  NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS  THAT ANY INFORMATION OR CONTENT RECEIVED THROUGH THE SERVICE, ANY USERS OF  THE SERVICE, OR ANY THIRD PARTY PROVIDERS ON THE SERVICE WILL BE ACCURATELY  PRESENTED, SAFE TO USE OR RELY UPON, OR SAFE TO INTERACT WITH, WHETHER THROUGH  THE SERVICE OR OUTSIDE THE SERVICE. 

Indemnification 

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and  its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and  assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees  (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your  use of the Service, including, but not limited to, your User Contributions, any use of the Service’s content,  services, and products other than as expressly authorized in these Terms of Use, your use of any information  obtained from the Service, your interactions with any other users of the Service, your interactions with any  Third Party Providers, claims made by your Enterprise, claims made by Third Party Users, and claims made by  owners of or participants in Third Party Channels. 

Arbitration 

Binding Arbitration. If you and the Company do not reach an agreed upon solution through the support process, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to use of the Service and this agreement shall be finally settled by binding arbitration. The substantive law of the State of Florida shall govern the underlying dispute, but the Federal Arbitration Act, 9 U.S.C. § 1 et seq., shall govern the interpretation and enforcement of all provisions of this Agreement pertaining to arbitration. 

Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Sky AI, Inc., 3109 Grand Ave., Suite 487, Miami, FL 33133. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs.

Governing Law and Jurisdiction 

All matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related  thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in  accordance with the internal laws of Florida without giving effect to any choice or conflict of law provision or rule.  

Waiver and Severability 

No waiver by Company of any term or condition set out in these Terms of Use shall be deemed a further or  continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of  Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or  provision. 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid,  illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such  that the remaining provisions of the Terms of Use will continue in full force and effect.  

Feedback 

If you send or transmit any communications or materials to Company by mail, email, telephone, or otherwise,  suggesting or recommending changes to the Service, including without limitation, new features or functionality  relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Company is free to use such  Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You  hereby assign to Company all right, title, and interest in, and Company is free to use, without any attribution or  compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights  contained in the Feedback, for any purpose whatsoever, although Company is not required to use any Feedback. 

Assignment 

You may not assign, transfer, or delegate any or all of your rights or obligations under these Terms of Use.  Company may assign, transfer, or delegate any or all of its rights and obligations under these Terms of Use to a  third party, including to a successor of all or substantially all of the assets of Company through merger,  reorganization, consolidation, or acquisition, and including the transfer of any rights, licenses, or consents related  to the storage and use of Feedback, Aggregate Data, User Contributions, and other data and information.  

Consent to Receive Communications 

By providing your email, phone number, or other contact information to the Service for the purpose of receiving  certain communications from or related to the Service, you consent to receiving such communications  from Company, which may include automated emails, electronic messages, or other electronic communications,  may include automated voice calls, and may include other similar communications. Consent is not a condition of  any purchase. Message and data rates may apply. Message frequency varies. You can unsubscribe from any such  communications at any time by updating your account settings and/or following the instructions provided with  such communication (e.g., by clicking an “Unsubscribe” link in an email, or by replying STOP to a text message).  For additional information, view our Privacy Policy. 

Third Party Users & Channels 

Some uses of the Service may allow you to schedule meetings and activities with third parties that are not  registered users of the Service (“Third Party Users”), which may include the Service communicating with you and one or several Third Party Users via email, text messaging, messaging applications, teamwork and collaboration  applications, and other electronic communication channels in order to provide scheduling related communications to Third Party Users, and receive scheduling related responses from Third Party Users. By using such features of the Service, you represent and warrant that (i) such Third Party Users have consented to receiving communications initiated by you through the Service, and having their communications received by the  Service; and (ii) such Third Party Users have read and accepted these Terms of Use. 

Some uses of the Service may allow you to schedule meetings and activities using third party communication  channels, which may include text messaging, messaging applications, teamwork and collaboration applications,  and other electronic communication channels that are controlled by a third party organization (“Third Party  Channels”) in order to provide scheduling related communications to Third Party Users and other participants in  those channels, and receive scheduling related responses from the same. By using such features of the Service,  you represent and warrant that (i) the owners or providers of such Third Party Channels have consented to  receiving communications initiated by you through the Service, and having communications on the Third Party  Channels received by the Service; and (ii) the participants on those Third Party Channels are registered users or  Third Party Users of the Service. 

You acknowledge and agree that your use of the Service with Third Party Users and on Third Party Channels is  at your sole risk of liability or loss, and that you are responsible for any breach of these Terms of Use by a Third  Party User or participant on a Third Party Channel as if the corresponding action or omission was performed by  you. 

Entire Agreement 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company  regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations,  and warranties, both written and oral, regarding the Service.  

Your Comments and Concerns 

The Service, including any software applications, websites, or other services, is operated by Sky AI, Inc. all feedback, comments, requests for technical support, and other communications relating to the Service  should be directed to: help@sky.ai.