Welcome to Skyway! Please read these Terms of Use (the "Terms") carefully, as you agree that you consent to these Terms by your use of this website and Skyway’s services, as described further below.
These Terms are entered into by and between you and L9 Labs Inc. doing business as "Skyway" ("Company," "we," "our," or "us"), and they govern your access to and use of our website (the "Platform") and the services we offer through our website (collectively, the "Services"), for your internal business or commercial, not personal or consumer, use.
Please read the Terms carefully before you start to use the Platform and the Services. By using the Platform and the Services, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you are using the Services on behalf of a business or commercial enterprise, that business also accepts these Terms. If you do not agree to these Terms, you may not access or use the Platform or any Services, but please get in touch with us so we can try to help.
These Terms remain in full force and effect while you use the Platform and/or our Services. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Platform and/or Services are intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform and the Services.
We reserve the right to change, alter, replace or otherwise modify these Terms at any time. The date of last modification is stated below at the bottom of the Terms.
When we make any updates to these Terms, we will highlight this fact on the Platform or in correspondence to you. In addition, if you register an account and these Terms are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will endeavor to notify you in advance by sending an email to the email address that you have provided to us, and the revised Terms will become effective: (i) six (6) weeks after such notification, or (ii) when you opt-in or expressly agree to the changes, whichever comes first. You will have no obligation to continue using the Platform or the Services following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of the Platform and/or the Services after the end of that six (6) week period will constitute your acceptance of the revised Terms (and any applicable fees).
The Company complies with its Privacy Policy (the "Privacy Policy") in providing the Services. The Privacy Policy is incorporated into these Terms by reference and is subject to change as described therein. By accessing, using, and providing information to or through the Platform (including as part of the Services), you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by the Company with respect to your or your organization’s information in compliance with the then-current version of our Privacy Policy.
The Platform provides you with access to the Services available via the Company’s SaaS product named "Skyway". The user grants the Company with access to the necessary information the Company needs to provide you with the Services through the Platform (the "Customer Data"), and the Platform provides the user with results, reports, visualizations, other data, and/or service outputs based on or related to such Customer Data (collectively, "Reports").
The Company does not control the Customer Data collected or analyzed, and it also does not control what the user or organization chooses to give Company access with through the Platform or how users interpret any Report.
We do not warrant the accuracy, completeness, or usefulness of any information on the Platform or obtained through the Services. 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 user of the Platform, or by anyone who may be informed of any of its contents.
The Platform may include content provided by third parties, including materials provided by other users 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 the 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 the 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, including content provided by third parties.
We reserve the right to withdraw or amend the Platform, and any Services or material we provide on or through the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform or Services, or the entire Platform or Services, to users, including registered users.
To access the Platform or some of the Services it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform and the Services that all the information you provide on the Platform and in use of the Services is correct, current, and complete.
You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account, including the Customer Data you provide to the Platform. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. 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.
Throughout your access to the Services and the Platform, you may provide access to and disclose to Company certain valuable information belonging to and relating to you or your organization, which you or your organization consider confidential, including, but not limited to the Customer Data. The Company shall use your or your organization’s confidential information solely for the purposes of carrying out its obligations under these Terms, and shall not disclose, without you or your organization’s prior written consent, any confidential information to third parties or use such confidential information for its own benefit or the benefit of third parties except as expressly permitted in these Terms.
By creating an account, you also consent to receive electronic communications from us (e.g., via email, text message, or by posting notices to the Platform). These communications may include operational notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We may update the content on the Platform or the Services offered through it from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Platform or Services offered through it may be out of date at any given time, and we are under no obligation to update such material.
Depending on your role, you may be charged fees for your use of the Platform and the Services. You will be clearly notified before incurring any charges through the Platform or use of the Services.
The Company reserves the right to modify its fee structure at any time and without advanced notice. Temporary or permanent modifications are effective as soon as they are published on the Platform and are applicable to all subsequent transactions. In the case of temporary modifications, the duration of the changes will be clearly indicated on the Platform.
You are solely responsible for cancelling any paid Services subject to automatic renewal before the next renewal period. Any Services that are not cancelled before the renewal date will be automatically renewed as provided when you signed up for the Service. No refunds are available for paid Services, except at the sole discretion of the Company.
The Platform may contain interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit (hereinafter, "post") content or materials, including Customer Data" (collectively, "User Contributions") to us or to other users in their organization on or through the Platform.
Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary with regard to other users in your organization. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, copy, modify, create derivative works of, and otherwise disclose such User Contribution in accordance with these Terms, including the Company’s ability to collect and compile data and information related to your use of the Services in an aggregated and anonymized manner (the "Aggregated Statistics").
You represent and warrant that:
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to the Services or the Platform (collectively "Feedback"), you agree we may use the Feedback to: (a) improve our Platform and the Services we offer through it and (b) promote the Platform and the Services, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Platform or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
The Platform and the Services offered through it (including Skyway) and their 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 the 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.
Without limiting the foregoing, Customer Data provided by you to the Company in course of your use of the Platform and the Services (other than Feedback, Reports, and Aggregated Statistics) shall be owned by you (or your organization), and you hereby grant us a nonexclusive, nontransferable, perpetual, worldwide license to use such Customer Data in any manner to develop, improve, modify, and enhance the Platform and the Services or other developmental, diagnostic, and corrective purposes in connection with the Services, provided, the Company will only use Customer Data for external purposes in aggregate, de-identified form.
Subject to the Terms, Company grants you a nonexclusive, nontransferable license to access the Platform and use the Services for the sole purpose outlined in these Terms or as mutually agreed between you and the Company. For avoidance of doubt, these Terms permit you to use the Platform and Services for your organization’s internal non-commercial use only, subject to the following restrictions:
The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the 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 the Platform are the trademarks of their respective owners.
We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Platform, you may request removal of those materials from the Platform by submitting written notification to our Copyright Agent at support@skyway.cloud. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
You may use the Platform and the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Platform or the Services:
Additionally, you agree not to:
We have the right to:
However, we do not undertake to review all material before it is provided or published on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. 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.
The Platform may provide you with access to and/or integration with third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services (hereinafter "External Services").
We do not have or maintain any control over External Services and are not and cannot be responsible for their content, operation, or use. By linking or otherwise providing access to any External Services, we do not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information, or services provided by such External Services. We disclaim any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against us with respect to the content or operation of any External Services.
External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by us with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy, or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable inquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any External Services.
The Platform and Services are controlled and operated from the United States and are subject to its laws. If you choose to access the Platform or use the Services outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
CONTENT, DATA, INFORMATION, MATERIALS, AND RESULTS OBTAINED FROM THE SERVICES ARE PROVIDED FOR INFORMATIONAL, EVALUATIVE PURPOSES ONLY. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL RESULTS AND FOR ALL RELIANCE PLACED ON ANY INFORMATION OBTAINED FROM THE PLATFORM AND THE SERVICES.
IN NO EVENT WILL THE 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 PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, 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), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE 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 THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
ALTHOUGH NOT AN EXHAUSTIVE LIST AND WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR RELIANCE ON THE CONTENT OR RESULTS OF THE PLATFORM, INCLUDING WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE COMPANY;
(B) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, INCLUDING DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PLATFORM, OR YOUR ABILITY TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(C) ANY CHANGES THAT WE MAY MAKE TO THE PLATFORM, THE SERVICES, OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(D) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTS HOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY US OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(E) ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
(F) YOUR FAILURE TO PROVIDE US WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR ACCOUNT LOGIN INFORMATION SUITABLY CONFIDENTIAL;
(G) ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA, OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH;
(H) ANY LOSS OF PROFITS, INCLUDING THOSE CAUSED BY YOUR RELIANCE ON THE PLATFORM, OR ANY LOSS YOU SUFFER WHETHER OR NOT IT IS FORESEEABLE; AND/OR
(I) THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESES, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, OR OTHER INFORMATION PROVIDED THROUGH THE PLATFORM;
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO US AS SOON AS POSSIBLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND US, AND THAT THE COMPANY’S LIABILITY WILL BE LIMITED ENTIRELY, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless the 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 or your use of the Platform and/or Services, including, but not limited to, your User Contributions, any use of the Platform’s content, Services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform or the Services.
All matters relating to the Platform and these Terms 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 the State of California without giving effect to any choice or conflict of law provisions or rules.
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms, the Platform or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
You agree that we may terminate your account at any time for your violation of any of the provisions of these Terms.
Similarly, you may terminate the Services at any time by discontinuing your use of any and all parts of the Platform and our Services and providing us with notice of termination by emailing us at support@skyway.cloud. Upon the termination of your account, either by you or us, your access to the Platform and the Services shall immediately terminate. We may retain copies of your data upon the termination of your account on backup media.
No waiver by the Company of any term or condition set forth in these Terms 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 the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms 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 will continue in full force and effect.
The Terms and any rights and licenses granted hereunder may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void. These Terms shall be binding upon and inure to the benefit of the parties hereto, and their permitted successors, heirs, and assigns.
These Terms and our Privacy Policy constitute the sole and entire agreement between you and L9 Labs Inc. with respect to the Platform and the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform and the Services.
The Platform is operated by L9 Labs Inc. doing business as Skyway at 548 Market Street #79031, San Francisco, CA 94104, United States.
All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to support@skyway.cloud.
Last Modified: December 6, 2024