Terms of Services

The following Terms of Service (“Terms“) control your access to and how you use SkyDBI’s (“SkyDBI”, “we” or “our”) services, websites, and applications (collectively known as the “Service”). Your access to the Service depends on your compliance and acceptance of these Terms. These Terms are for all users, visitors, and anyone who has access to use the Service. Please read the following terms carefully before subscribing to the Services.

Your Use of the Service

By using the Service, you become bound by these Terms. If you can access the Services in lieu of an organization (employer) or entity (“Organization”), you are agreeing to these provisions on behalf of the Organization and you also warrant that you have the right to bind the Organization to conform with these Terms. In this regard, “you” and “your” refers to you and such an Organization.

Data, Projects & Your Privacy

By agreeing to use our Services, you will provide SkyDBI with projects, information, and folders (generally called “Content”). Please note, however, that you have full ownership of your Content. Here, we don’t maintain any ownership of any of such content. The Terms we provide do not give us rights to your intellectual property or Content except for the ones that are used to run the Services, as thoroughly explained below. These Terms allow you to grant us permission to do what you ask us to do with your Content. For instance, analyzing or hosting your Content, to establish automated localization. It also includes some other choices like design which we make to administer our Services. This includes how we backup data to all our Customer information safe. You also grant us permission to do things that helps us to provide the Services we offer. This kind of permission concerns the trusted third parties we do business with to access and use the Services, for instance, Google and Amazon, which provide our storage space.

Besides the rare exceptions we have in our Privacy Policy, no matter the changes in Services, we avoid sharing your Content with others except:

(a) you tell us to; (b) the law or any valid legal process requires us to, or (c) we have to do so in order to allow you to use the Services. In our Privacy Policy, we will explain how we gather and use your information.

Although you will retain full ownership of your Content, you agree to give us a non-exclusive, worldwide, irrevocable, perpetual, transferable, royalty-free license to copy, use, copy, process, modify, reproduce, adapt, publish, transmit, translate, edit, display, make derivatives, and distribute Content that is associated with providing our Service to you and other users in line with your preferred settings on the Service. Closely related to providing any Service, we may also modify your Content to display, transmit, or distribute it over various media, and computer networks and make changes that are necessary to adapt such Content to given limitations or requirements of any devices, networks, services or media.

Please note that you are responsible for protecting all your Content. We are not liable for any alterations or loss of your Content, or for expenses need in backing up or restoring them.

Your Conduct

You, and not SkyDBI, are primarily responsible for your conduct, the materials of your folders and files, and your communications with others in the course of using the Services. For instance, it’s your duty to make sure that you have the permission needed to work with these Terms. Sometimes, we will choose to revisit your content for compliance purposes with our guidelines, but you agree that SkyDBI is under no obligation to monitor the data on the Services. SkyDBI is not responsible for the appropriateness, accuracy, completeness, or legality of user posts, files, and any other information you access using the Services.

You cannot upload Content that:

• may lead to harm, loss, emotional distress, physical or mental injury, death, disfigurement, disability, or physical or mental illness to you, an animal, or to any other person;
• may give room for risk of damage or other loss to any person or property;
• has the ability to exploit or harm children by asking them for identifiable details, opening them to inappropriate content, or otherwise;
• may contribute to a tort or crime;
• has information or content that we see as unlawful, abusive, harmful, defamatory, racially or ethnically offensive, infringing, harassing, invasive of personal privacy or publicity rights, humiliating to other people, libelous, profane threatening, or otherwise objectionable;
• contains information that possesses illegal content (including, the disclosure of insider information of another party’s business or trade secrets);
• possess any content that you lack the right to make accessible under fiduciary or contractual relationships or under any law; or
• may contain any information that you know is not current and incorrect. You agree that any information that you post will and does not violate rights of any kind. We retain the right, but we are also not obligated, to remove and/or reject any Content that we believe, in our primary discretion, violates the provisions of our Terms.

At all times, we reserve the right but are not obligated, to take out or refuse to share any Content on the Service, that has your stuff. Moreover, we reserve the right to read, access, preserve, and disclose any data as we believe is reasonable to

• Satisfy any applicable regulation, law, legal process or governmental request
• Implement the Terms, including necessary investigation of future violations
• Spot, detect, prevent, or address security, fraud, or technical issues
• Give feedback regarding user support requests, or
• Securing the rights, safety or property of SkyDBI, the public, and its users.

SkyDBI Property, Copyrights & Feedback

All interest, right, and title in and to the Service (not including the Content provided by users) will remain the exclusive property of our establishment and licensors. The Service is secured by trademark, copyright, and other laws of both the United States of America and foreign countries. No provision in the Terms gives you the permission to use the SkyDBI name or any SkyDBI logos, trademarks, domain names, and other unique brand features. Any suggestions, feedback, or comments, you may provide concerning SkyDBI, or the Service is purely voluntary, and we have the right to use such suggestions, feedback, or comments without any obligation to you or as we deem fit.

Use of Content

All Content contained on the Service (whether posted publicly or privately transmitted by our users), is the primary responsibility of the individual who created such Content. We do not approve, represent, support, or guarantee the wholeness, truthfulness, reliability or accuracy of any Content or communications posted through the Service. We also do not endorse opinions expressed through the services. If rely on or make use of any material or Content posted via the Service or gotten by you through the Service, you do this at your own risk. In no situation or under no circumstances is SkyDBI liable in any manner for any material, or any loss or damage incurred due to the use of any Content in the Service.

You will agree that you are solely responsible for your access or use of the Service, for all Content you provide, and for any consequences that come after that, including but not limited to the use of your Content by another user and third party. Here, you understand that if you do not possess the permission to submit Content to the Service. Doing that may open you to liability. SkyDBI will hold no responsibility or is in no way liable for the use of your Content by SkyDBI in line with these Terms. In addition, you warrant that you have the necessary power, rights, and authority to allow the rights granted in these terms to any Content that you give us, including the rights to upload for use in strict accordance with the already established terms and conditions.

Using some of our Services requires you to download the software package of a client. SkyDBI, therefore, grants you a limited, non-transferable, nonexclusive, revocable license to use the Software, only to access and use the Services. Your agreement to use the Software is immediately revoked once you go against these Terms in a way that could risk our intellectual property rights. Therefore, we reserve all rights that are not specifically granted in these Terms. Please note that you must not decompile, or counter engineer the Software, nor assist another party to do so, nor attempt to do so. Take note that our Services can automatically update the Software on your device when a new version is readily available.

Acceptable Use of SkyDBI

• Access and use the service for illegal and unlawful purposes or for the promotion of various illegal activities;
• You must not post any content on the service that violates any applicable law, such as intellectual property laws and right of privacy laws, or other contractual obligations;
• You must not impersonate others via the service or misrepresent your connection with an entity or individual that intends to confuse, mislead, or deceive others;
• You post or publish other people’s personally identifiable data, including street address, credit card numbers, or Social Security and National Identity numbers, without their prior permission and authorization;
• Link or publish malicious content with the aim of damaging or disrupting another user’s computer or browser or access risk, use private areas of the Service, or use the sensitive delivery systems of SkyDBI’s providers;
• Scan the vulnerability of any network or breach any authentication measures or security practices; access the Services via any means other than SkyDBI’s publicly supported interfaces;
• Forge any IP packet header or any section of the header information in any posting or mail, or use the Service to send deceptive or false information; disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
• International users agree to comply with all local laws regarding online conduct and acceptable content.

Privacy

We prioritize the privacy of our users. Note that we gather, use and distribute personally identifiable data and the non-personally identifiable ones as explained in our Privacy Policy. You accept that by using SkyDBI Service, you agree to the collection of this type of information, and to have your data collected, transferred, used, and processed anywhere in the world.

SkyDBI respects the intellectual property of others and asks that you as a user do so too. Kindly note that we will respond to request notices of copyright infringement if they are rightly provided to us or in accordance with the law.

No Warranty – SkyDBI is Available “AS-IS”

Although we prioritize providing Customers with excellent service, there are several things about the service we can’t promise you. For instance, THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AT YOUR OWN RISK, WITHOUT IMPLIED WARRANTY OR ANY CONDITION. IN THIS VEIN, WE DISCLAIM WARRANTIES ASSOCIATED WITH MERCHANTABILITY, FITNESS FOR NON-INFRINGEMENT OR A SPECIFIC PURPOSE.

SkyDBI will also have no role to play for any risk or harm that may lead to corruption of data, harm to your computer system or other risks that may occur from your access to the Services or Software.

Limitation of Liability

TO THE COMPLETE EXTENT IN ACCORDANCE WITH THE LAW, SkyDBI, ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE FOR

(I) ANY INDIRECT, SPECIFIC, ACCIDENTAL, PUNITIVE, OR CONSEQUENTIAL (INCLUDING THE LOSS OF DATA, USE, PROFITS OR, BUSINESS) DAMAGES, REGARDLESS OF ANY GIVEN LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IN THE CASE WHEN A REMEDY FAILS TO FULFIL ITS PURPOSE;

(II) THE AGGREGATE LIABILITY FOR CLAIMS RELATING TO OUR SERVICES GREATER THAN $100 OR THE AMOUNTS YOU PAY TO SkyDBI IN THE PAST THREE MONTHS OF THE SERVICE. Please note that states disallow the limitations in this paragraph, so if you reside or operate there, these limitations may not apply to you.

Miscellaneous Legal Term

These Terms, licenses and rights granted here and below cannot be assigned or transferred to you. However, they may be assigned by SkyDBI without restriction. Any attempted assignment or transfer by you will be void.

In an event where we have not been able to sort a dispute we have with you after attempting to do so, we will agree to resolve any dispute or controversy by binding arbitration through the American Arbitration Association in the city of New York, in accordance with the commercial rules. The award given by the arbitrator may include the costs of arbitration, attorneys’ fees and costs for experts and witnesses. Any judgment on the award laid down by the arbitrator may be affected in any court with competent jurisdiction. Nothing in this Section of our terms and conditions shall be seen as preventing SkyDBI from seeking equitable relief from the courts in order to protect our proprietary interests. Please note, however, that:

ALL CLAIMS MUST BE BROUGHT FORWARD IN THE INDIVIDUAL CAPACITY OF BOTH PARTIES INVOLVED, AND NOT AS A CLASS MEMBER OR PLAINTIFF IN ANY CLASS OR REPRESENTATIVE PROCEEDING. BY AGREEING TO OUR TERMS, YOU AND SkyDBI HAVE THE RIGHT TO PARTICIPATE IN CLASS ACTION OR A TRIAL BY JURY.