PLEASE READ THESE CONSUMER TERMS AND CONDITIONS CAREFULLY. THESE CONSUMER TERMS AND CONDITIONS (“AGREEMENT,” “TERMS AND CONDITIONS,” or “TERMS”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SKY ANALYTICA, AS DEFINED BELOW.
SECTION 7 OF THIS AGREEMENT CONTROLS HOW ANY CLAIMS THAT YOU MAY HAVE AGAINST US AND THAT WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, SECTION 7 SETS FORTH A BINDING ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING ARBITRATION. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING (EXCEPT AS SET FORTH IN SECTION 7(F)); AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION AGREEMENT COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING OR PROPOSED CLASS ACTION LITIGATION.
This Agreement governs your use of the Technology and Services (each as defined below) and is between you and Sky Analytica. “Sky Analytica,” “we,” “us,” and “our” mean Sky Analytica Corporation, a Delaware corporation (dba “skyra.ai”), and its subsidiaries and affiliated companies. These Terms and Conditions constitute a legally binding agreement between you and Sky Analytica and its subsidiaries.
If you access any of our websites located at www.skyra.ai or www.skyralytics.com, depending on the facility where you are staying or visiting, or accessing our website, or use any other technology supplied by Sky Analytica (collectively, the “Technology”), or access or use any information, function, feature, or service made available or enabled by Sky Analytica (collectively, the “Services,” which includes the Technology), click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the Sky Analytica account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
(a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions to these Terms as in effect from time to time at www.skyra.ai/terms or through the Technology;
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Sky Analytica; and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account or named as the User during the Sky Analytica account registration process and to bind such organization to the Agreement.
The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective employees, agents, or representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.
Subject to Section 7(j) of this Agreement, Sky Analytica reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement at www.skyra.ai/terms or through the Technology. If we make any material changes to this Agreement, we will contact you based on any information you provide us to contact you with. If you do not agree to these modifications, you should immediately cease using the Technology and Services.
By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Sky Analytica’s Privacy Policy, which is incorporated in this Agreement by reference. You also agree to abide by any additional Sky Analytica terms or policies for Users that are published on our website or mobile application, whether or not such terms or policies are directly referenced or linked elsewhere in this Agreement.
Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:
(a) You will only use the Services for lawful purposes, and you will not use or attempt to use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes.
(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, other intellectual property rights, or other rights of any third party, including privacy, personality, or publicity rights.
(c) You will only use or access the Services using means explicitly authorized by Sky Analytica. We reserve the right to terminate your use of the Technology and/or Services should you be using the Technology or Services through unauthorized means.
(d) You will not use or attempt to use the Services to cause nuisance, annoyance, or inconvenience.
(e) You will not use or attempt to use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to any User unless Sky Analytica has given you prior permission to do so in writing.
(f) You will not copy or distribute, or attempt to copy or distribute, the Technology or any content displayed through the Services, including any reviews or Merchants’ menu content or catalogs, for republication in any format or media.
(g) You will not directly or indirectly create or compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.
(h) You will use the Technology and Services only for your own use and will not directly or indirectly resell, license, or transfer the Technology, Services, or content displayed by the Services to a third party.
(i) You will not use or attempt to use the Services in any way that could damage, disable, overburden, or impair any Sky Analytica server or the networks connected to any Sky Analytica server.
(j) You will not attempt to gain unauthorized access to any part of the Technology or the Services and/or to any account, resource, computer system, and/or network connected to any Sky Analytica server.
(k) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Sky Analytica may use to prevent or restrict access to the Services or use of the Services or the content therein, and you will not attempt any of the foregoing.
(l) You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process, and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites, and you will not attempt any of the foregoing.
(m) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services, and you will not attempt any of the foregoing.
(n) You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Sky Analytica, Sky Analytica employees, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing.
(o) You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that Sky Analytica deems inappropriate when using the Services.
(p) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.
(q) Your participation in using the Services is for your sole, personal, or internal business use.
In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.
Sky Analytica alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Technology and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Technology or the Services, or any intellectual property rights owned by Sky Analytica. Sky Analytica names, Sky Analytica logos, and the product names associated with the Technology and Services are trademarks of Sky Analytica, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Technology or the Services.
THIS SECTION 7 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
Please read this Section 7 carefully. It requires that any and all claims between you and Sky Analytica be resolved by binding arbitration or in small claims court and, to the extent permitted by applicable law, prevents you from pursuing a class action or similar proceeding in any forum.
This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement. You agree that any dispute or claim arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Sky Analytica or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Sky Analytica as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be resolved by binding arbitration, rather than in court, except as otherwise required by law or as otherwise provided in this Arbitration Agreement.
BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN ANY CLASS ACTION CASES. IF YOU AGREE TO ARBITRATION WITH SKY ANALYTICA, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST SKY ANALYTICA IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
You and Sky Analytica agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and Sky Analytica therefore agree that, before either you or Sky Analytica demands or attempts to commence arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. To notify Sky Analytica that you intend to initiate an informal dispute resolution conference, email Sky Analytica at legal@skyra.ai, providing your name, telephone number associated with your Sky Analytica account (if any), the email address associated with your Sky Analytica account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration.
This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certify completion of the informal dispute resolution conference pursuant to Section 7(b). The arbitration will be conducted by American Arbitration Association (“AAA”) under its rules and pursuant to the terms of this Agreement. The demand must include:
(A) the name, telephone number, mailing address, and email address of the party seeking arbitration;
(B) a statement of the legal claims being asserted and the factual bases of those claims;
(C) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; and
(D) the signature of the party seeking arbitration.
The arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award is based. The arbitrator’s decision is final and binding on you and Sky Analytica.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SKY ANALYTICA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Sky Analytica are instead electing to have all disputes resolved by arbitration, except as specified in Section 7(a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
EXCEPT AS EXPRESSLY AGREED TO IN SECTION 7(g) OF THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SKY ANALYTICA AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS EXCEPT AS SET FORTH IN SECTION 7(g). CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN SECTION 7(g).
In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) a civil court of competent jurisdiction finds all or part of the Waiver of Class, Consolidated, and Representative Actions is unenforceable, the class, collective, or representative action must be litigated in a civil court of competent jurisdiction, but the portion of the Waiver that is enforceable shall be enforced in arbitration.
To the extent permitted by applicable law, to increase efficiency of resolution, in the event 100 or more similar arbitration demands against Sky Analytica, presented by or with the assistance or involvement of the same law firm or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a 30-day period: (A) the parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch; (B) claimants’ counsel shall organize and present the batched demands to the arbitration provider in a format as directed by the arbitration provider; (C) the arbitration provider shall provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch; and (D) the arbitration provider shall send one set of disclosures per batch and will set up one Arbitration Management Conference per batch.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND SKY ANALYTICA RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR.
This Arbitration Agreement will survive any termination of your relationship with Sky Analytica.
Notwithstanding any provision in the Agreement to the contrary, we agree that if Sky Analytica makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Sky Analytica.
This Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable.
UNITED STATES FEDERAL LAW AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE EXCLUSIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU. SECTION 8 APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. SKY ANALYTICA WILL USE REASONABLE ENDEAVORS TO ENSURE THE TECHNOLOGY AND SERVICES ARE AVAILABLE AS MUCH OF THE TIME AS POSSIBLE BUT DOES NOT GUARANTEE IT WILL BE AVAILABLE ALL OF THE TIME.
THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, GUARANTEES, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, AND NON-INFRINGEMENT. SKY ANALYTICA MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES.
SKY ANALYTICA DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SKY ANALYTICA SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as otherwise required by applicable law and subject to the Non-Excludable Provisions, Sky Analytica is not responsible for any delays, delivery failures, damage, loss, injury, or other economic damage resulting from such problems.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Sky Analytica agree that all claims and disputes arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Sky Analytica or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Sky Analytica as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be litigated exclusively in the state or federal courts located in Los Angeles County if you are a California citizen or resident, and in the United States District Court for the Central District of California if you are not a California citizen or resident.
If you violate this Agreement, Sky Analytica may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.
In addition, at its sole discretion, Sky Analytica may modify or discontinue the Technology or Services, or may modify, suspend, or terminate your access to the Technology or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Technology or the Services, Sky Analytica reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, or injunctive redress. Even after your right to use the Technology or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
It is Sky Analytica’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Sky Analytica by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of the specific location on the Services of the material that you claim is infringing, including enough information to allow Sky Analytica to locate the material;
(d) your address, telephone number, and email address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
This notice of a copyright infringement claim should be sent to Sky Analytica’s Copyright Agent at the address set forth below:
Sky Analytica CorporationNo joint venture, partnership, employment, or agency relationship exists between you, Sky Analytica, or any third-party provider as a result of this Agreement or use of the Technology or Services.
Without giving effect to any principles that provide for the application of the law of any other jurisdiction, this Agreement is governed by the laws of State of Delaware consistent with the Federal Arbitration Act.
Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect.
You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Where Sky Analytica requires that you provide an email address, you are responsible for providing Sky Analytica with your most current email address. In the event that the last email address you provided to Sky Analytica is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Sky Analytica’s dispatch of the email containing such notice will nonetheless constitute effective notice. You agree that all agreements, notices, disclosures, payment or renewal notifications, and other communications that Sky Analytica provides to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sky Analytica without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
Sky Analytica may subcontract any of its obligations under this Agreement without your prior written consent.
We may from time to time vary, modify, or discontinue, temporarily or permanently, any or all of our websites or the Technology.
This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Sky Analytica relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.
Sky Analytica welcomes your questions or comments regarding this Agreement. Please find our contact information below:
Telephone: 917-239-2001