2021 By accessing and using this site, you accept the following terms and conditions, without limitation or qualification:
1.These Terms of Service (“Terms”, “Terms of Service”) govern your use of this website www.skyserve.ai (“Website”) operated by SkyServe Inc. (“SkyServe”, “we”, “our”, “us”). These Terms apply to all visitors, users and others who wish to access or use the Website.
2. Please carefully read these Terms of Service and other policies on the Website, before you (“you/Customer, User”) decide to access the Website or avail the services made available on the Website by us.
3. By using this Website or other Services provided by us (“Services”), you acknowledge that you have read these Terms of Service, you irrevocably accept all the conditions stipulated in the Terms of Use and Privacy Policy (collectively “Policies”) as available on the Website and agree to abide by them.
4. You agree to comply with and be bound by these terms and conditions (“Terms of Use”), which together with our privacy policy (“Privacy Policy”) govern SkyServe's relationship with you.
5.1. “Product” or “Products” shall mean one or more of: the satellite/aerial images, data/insights, software services and developer kits sold by SkyServe Inc to you.
5.2. “Platform/Application” shall mean and include the application programming interface that allows you to search, view, access or purchase the Product provided by SkyServe.
6.1. You may use our Website/ Application only for lawful purposes and in accordance with the Terms. You agree not to use it:
A. In any way that violates any applicable law or regulation.
B. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
C. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
D. To impersonate or attempt to impersonate us, our employee, another user, or any other person or entity.
E. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
F. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm or offend us or other users of Website or expose them to liability.
6.2. Additionally, you agree not to:
A. Use the Website/ Application in any manner that could disable, overburden, damage, or impair or interfere with any other Party’s use of the Website.
B. Use any robot, spider, or other automatic device, process, or means to access the Website/ Application for any purpose.
C. Use any manual process to monitor or copy any of the material on the Website/ Application or for any other unauthorized purpose without our prior written consent.
D. Use any device, software, or routine that interferes with the proper working of the Website/ Application.
E. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
F. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website/ Platform is stored, or any server, computer, or database connected to the Website/ Application.
G. Attack the Website/Platform via a denial-of-service attack or a distributed denial-of-service attack.
H. Take any action that may damage or falsify our reputation.
7.1. By registering for an account on the Platform, you represent and warrant that you are the age of majority (age 18).
7.2. You agree to:
A. provide true, correct, accurate and current information about yourself,
B. maintain the security of your passwords and identification,
C. promptly update the email address listed in connection with your account to keep it accurate so that we can contact you at any point in time, and 3
D. be fully responsible for the use of your account. You shall not set up an account on behalf of another individual or entity unless you are authorized to do so.
7.3. You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by you on the Account.
7.4 You agree to immediately notify SkyServe of any unauthorized use of your password or email address or any breach of security of which you have become aware;
Termination: We reserve the right to modify or discontinue your account at any time for any material breach under these Terms of Use by you or any other reason at its sole discretion without any liability whatsoever.
SkyServe does not make any representations or warranties about the material, data, and information, that is or may be shared on the Website/Application (collectively, the “Content”) which you may have access to as part of the Services, or through your use of this Application. Under no circumstances, are we liable for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Application.
9.1. Any and all intellectual property rights ("Intellectual Property") associated with the Product, Website, Application and its contents are the sole property of SkyServe. All customized graphics, icons, and other items that appear on the Website/Application are trademarks, service marks or trade name of SkyServe. Except as otherwise expressly authorized by these Terms of Use, You shall not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Website, Application and Product in any way without SkyServe’s prior written consent. Except as expressly provided herein, Sky Serve does not grant you any express or implied rights to the Intellectual Property of Sky Serve or that of any third party.
9.2. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hello@skyserve.ai, with the subject line: “Copyright Infringement”.
9.3. You shall be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or claims on the infringement of any Content found on and/or through Service on your copyright.
10.1. You may purchase the Products via the Platform or bespoke web ordering services.
10.2. The Products are offered to you as a licensee of said Product, on the condition that the End User License Agreement (EULA) terms are agreed and accepted. EULA will be provided to you via web link or attachment during the ordering process dependent on the specific Service you are utilizing. By paying and/or completing a Product order, you will be deemed to have accepted and be bound by the EULA.
10.3. All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the Stripe terms and conditions which are available on their website.
10.4. You acknowledge and agree that in the event a request for the payment of the Product is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Product purchase/order.
11.1. Delivery of Product order shall be deemed to have been completed upon SkyServe’s notice to you that your order is ready and available for download.
11.2. You acknowledge that Products may/will be hosted via SkyServe’s cloud infrastructure for the purposes of delivering ordered Product.
11.3. Product ordered through SkyServe will be stored on SkyServe cloud infrastructure for a period of one calendar month, calculated from the date of product delivery by the respective supplier (Availability Period). SkyServe provides a longer Availability Period than its suppliers and accepts no responsibility for any loss or damage caused by the reduction of the free Availability Period.
11.4. The Availability Period of Products is offered as a free service by SkyServe and may be altered at a later date after providing prior written notice to you.
SkyServe will only provide a refund of the Product purchase in the event the supplier rejects or is unable to fulfil an order or for any reason upon at its absolute discretion, that it is reasonable to do so under the circumstances.
SkyServe reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on the Website. You are responsible for regularly reviewing the Terms of Use. Continued use of the Platform/ Website after any such changes shall constitute your consent to be bound by such changes. Your right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating the Platform or any Content available through the Application, is to stop accessing and using the Application.
You expressly acknowledge and agree that use of the platform and the service is entirely at your own risk and that the platform and the services therein are provided on an "As is" Or "As available" Basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and noninfringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law.
To the fullest extent permitted by law skyserve, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the platform, the services and your use thereof.
SkyServe makes no warranties or representations about the accuracy or completeness of the services or the platform 's content or the content of any third party websites linked to the platform and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform and service, (iii) any unauthorized access to or use of our servers and/or any and all personal information, (iv) any interruption or cessation of transmission to or from the platform, 6 (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the platform or the service.
Skyserve does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked website or featured in any banner or other advertising, and skyserve will not be a party to or in any way be responsible for monitoring any transaction between you and/or other merchant and/or third-party service providers.
The platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by of the relevant advertiser, its products or services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or services. Skyserve accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
In no event shall SkyServe, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if SkyServe has been advised of the possibility of such damages), resulting from your use of the platform or the service, including but not limited to the damages that may arise from your use or misuse of the platform or the service, from inability to use the platform or the service, or the interruption, suspension, modification, alteration, or termination of the platform or the service.
Such limitation of liability shall also apply with respect to damages incurred by the use of third-party services or links advertised in the platform or through any information, opinion or advice received through such links or use of services by third party.
These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that SkyServe shall not be liable for contents that are defamatory, offensive or found illegal.
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to all actions, proceedings, claims (including third party claims), liabilities (including statutory liability), penalties, charges, demands and costs (including without limitation, legal costs of the other Party), awards, damages, losses and/or expenses however arising directly or indirectly or consequentially suffered or incurred by the user as a result of any breach or non-performance of their respective undertaking/s, warranties:
A. Information, details and content that you submit or transmit for the Services
B. your violation of any rights of other users in relation with the Application,
C. infringement of any third-party intellectual property rights,
D. any breach of terms and conditions of these Terms of Use,
E. any breach of applicable law.
You certify that you will use the Services in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam) by using the Services. Additionally, You are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy will result in termination of your access to the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to your violation of this anti-spam policy.
These Terms of Use are governed and construed according to the laws of Delaware and the Courts in Delaware shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use. 8
Without limiting the foregoing, under no circumstances shall SkyServe is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation to internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, pandemic, epidemic, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Merchant or the Application.
In case of any technical issues or feedback (“Feedback”), please sending us your queries at hello@skyserve.ai. You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) SkyServe may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) SkyServe is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant SkyServe and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose
