Terms of Use

As of July 22, 2023

1. Introduction

This document outlines the terms of use ("Terms") for SkyDeck.ai, including our administrative tools at admin.skydeck.ai and the GenStudio tools provided to the user in a custom or generally available domain within *.skydeck.ai and any other pages that link to these Terms (the "Sites"). These Terms constitute a binding legal agreement between you, as the user, and SkyDeck AI Inc. ("SkyDeckAI"), as the provider of this platform. By accessing or using this platform, you affirm your agreement to abide by these Terms.

2. Acceptance of Terms

By accessing or using any part of the Sites, you confirm that you are at least 18 years old, have read and understood these Terms of Use and the SkyDeckAI Privacy Policy (which is incorporated into these Terms by reference), and agree to be legally bound by them.

In these Terms, "we," "us," and "our" refer to SkyDeckAI, while "you" refers to both you as an individual and any entity you represent. By using our platform, you confirm that you can accept these Terms on behalf of any such entity, thereby binding it to these Terms.

3. Contact Information

SkyDeck AI Inc. is the entity you are contracting with. Our mailing address and contact information are as follows:

SkyDeck AI Inc. 548 Market St. PMB38234 San Francisco, CA 94104 Phone: 1.415.744.1557 For legal inquiries: legal@skydeck.ai

4. License Grant and Proprietary Rights

Subject to your full compliance with these Terms, any other policies or restrictions posted on the platform, and your timely payment of any fees agreed upon with SkyDeckAI, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the platform.

Unless otherwise noted, all content made available through the platform (including but not limited to software, submissions, information, user interfaces, graphics, trademarks, logos, images, artwork, videos, documents, and the overall "look and feel" of the platform) is owned, controlled, or licensed by or to SkyDeckAI. This content is protected by various laws including trade dress, copyright, patent and trademark laws, and other intellectual property rights and unfair competition laws. SkyDeckAI reserves all rights in and to this content.

Any unauthorized reproduction, redistribution, use, or exploitation of any part of the platform is expressly prohibited by law and may result in civil or criminal penalties.

5. Account Responsibility

If you open an account on the platform, you are responsible for maintaining the confidentiality of your account information and for all activity under your account. By accepting these Terms and creating an account, you agree to our collection, use, and disclosure of your information as described in the Privacy Policy. No one under age 18 may register for an account or provide any personal information to SkyDeckAI or the platform. Notify SkyDeckAI immediately of any unauthorized account use. You may be held liable for losses due to unauthorized use. Do not use anyone else’s account without pre-approval from SkyDeckAI Account registration is void where prohibited.

6. User Rights and Responsibilities

As a user, you have the right to use our AI tools for your legitimate business purposes. You are responsible for not misusing or abusing the tools, infringing on others' rights, or violating any laws. You are required to comply with all applicable laws and regulations in your use of the platform.

7. Provider Rights and Responsibilities

We, SkyDeckAI., reserve the right to monitor use, enforce these Terms, and update the platform and its terms as needed. We are responsible for providing a reliable service, respecting users' privacy, and responding to any issues or concerns.

8. Content Rules

Content generated by our AI tools is owned by you, the user, subject to any restrictions or conditions specified in these Terms. The content should not be used for illegal or inappropriate purposes.

9. Misuse and Breach

Misuse or breach of these Terms can result in penalties, including but not limited to, suspension or termination of access to the platform, legal action, and/or damages.

10. Disclaimer of Warranties

You agree that your use of the platform, including any content, is at your sole risk. The platform and content are provided on an “as is” and “as available” basis. SkyDeckAI makes no warranties, express or implied, and disclaims all possible warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. SkyDeckAI does not warrant that the platform or content are accurate, continuously available, complete, reliable, secure, current, error-free, or free of viruses or other harmful components.

11. Indemnification

You agree to indemnify, defend, and hold harmless SkyDeckAI, its officers, directors, shareholders, successors, employees, agents, subsidiaries, and affiliates, from any actual or threatened third-party claims, demands, losses, damages, costs, liability, proceedings, and expenses (including reasonable attorneys' and expert fees and costs of investigation), to the fullest extent permitted by law. This includes any issues arising out of or in connection with your use of the platform, your breach of these Terms, your violation of any law or regulation, your violation of any third-party rights, or the disclosure, solicitation, or use of any personal information by you, whether with or without your knowledge or consent. SkyDeckAI reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with SkyDeckAI's defense of such a claim. You may not agree to any settlement affecting SkyDeckAI. without SkyDeckAI's prior written consent.

12. Suspension or Termination of Access

SkyDeckAI reserves the right to suspend or terminate your access to any or all of the platform, with or without notice, for any reason. This includes but is not limited to breaches of these Terms, requests by law enforcement or other government agencies, discontinuation or significant modification of the platform, or unexpected technical issues. SkyDeckAI is not liable for any termination of your access to the platform. Any rights and obligations under these Terms that should naturally continue beyond your use of the platform will survive any termination of your access.

13. Limitation of Liability

To the maximum extent permitted by law, you agree to bear the entire risk arising out of your access to and use of the platform and content. SkyDeckAI or any of its directors, employees, agents or suppliers will not be liable for any special, indirect, incidental, exemplary, consequential or punitive damages of any kind arising out of or in connection with the platform, and any content, services or products included on or otherwise made available through the platform. SkyDeckAI's total cumulative liability to you arising out of or in connection with these Terms, or from the use of or inability to use the platform, will not exceed one hundred dollars ($100.00).

14. Dispute Resolution

Any disputes, controversies, or claims arising out of or in connection with these Terms, including their validity, invalidity, breach, or termination, shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The place of arbitration shall be San Jose, California, and the proceedings shall be governed by the laws of California. The arbitration award shall be final and binding upon both parties.

15. Changes to the Terms

SkyDeckAI reserves the right, at our discretion, to change these Terms at any time. Changes will be communicated to users through appropriate channels, such as email notifications, website banners, or in-app messages, and users will be given a reasonable period of time to accept the new terms.

16. Translations

For your convenience we provide machine translations of this document in languages other than English. At any time when there is a conflict or contradiction between the original English language version and a version in another language, the English language version will apply and prevail. By relying on a non-English translation of this document you accept that there could be unintended differences between the translated text and the actual terms to which you have agreed.

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