TERMS OF USE

These Terms of Use (“Terms”) constitute a legally binding agreement made between you (“you”) and Skywa Solutions LLC (“Skywa Solutions”, “we”, or “us”), concerning your access to and use of the Skywa and Skywa Manager mobile applications (the “Application”). Downloading, installing, accessing, or using the Application constitutes acceptance of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.

These Terms may be revised at any time and for any reason. Skywa Solutions will notify you of changes by updating the “Last Updated” date. Your continued use of the Application after any revised Terms have been posted, constitutes your acceptance of the revised Terms.

The Application is not intended for users under the age of 13. All users under the age of 18 must have the permission of, and be directly supervised by, their parent or guardian to use the Application. If you are a minor, you must have your parent or guardian read and agree to these Terms before you use the Application.


Grant of License. Subject to your compliance with these Terms. Skywa Solutions grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the Application on your mobile device for the sole purpose of accessing and using the capabilities and services offered in the Application.


Title and Ownership. The Application and any revisions, modifications, enhancements, and/or derivatives, therefore, are owned by Skywa Solutions and are protected under copyright laws and treaties. All right, titles, and interests in and to the Application, including all associated intellectual property rights are and shall remain owned solely by Skywa Solutions.


Prohibited Activities. As a user of the Application, you agree not to:

1. Systematically or in an automated fashion, retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Skywa Solutions.

2. Create user accounts by automated means or under pretenses.

3. Engage in unauthorized framing of or linking to the Application.

4. Engage in any automated use of the system, such as using scripts to take actions on the Application.

5. Interfere with, disrupt, or create an undue burden on the Application or the networks or services connected to the Application.

6. Attempt to impersonate another user.

7. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.

8. Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.

9. Use the Application in a manner inconsistent with any applicable laws or regulations.

Third-Parties. The Application may reference third parties (“Third Parties”), contain links to other websites (“Third-Party Websites”), and contain text, graphics, information, and other content or items belonging to or originating from third parties (“Third-Party Content”). Inclusion of a Third Party on the Application does constitute approval or endorsement of such a Third Party by Skywa Solutions. Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and we are not responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, or available through, the Application, You shall hold us harmless from any harm caused by your contact or interaction with a Third Party.


Privacy. We care about data privacy and security. Please review our Privacy Policy at https://www.skywasolutions.com/privacy. The Privacy Policy is incorporated into these Terms.

Please be advised the Application is hosted in the United States. If you access the Application from the European Union or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Application or Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.


Term and Termination. These Terms shall remain in full force and effect while you use the Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APPLICATION TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

Modifications and Interruptions. We reserve the right to change, modify, or remove the contents of the Application at any time or for any reason at our sole discretion without notice. We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you.


DISCLAIMER. THE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT ON THE APPLICATION OR THIRD-PARTY WEBSITES. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES ON THE APPLICATION OR (2) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APPLICATION, CONTACT WITH A THIRD PARTY, OR A TRANSACTION WITH A THIRD PARTY.

LIMITATIONS OF LIABILITY. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF THE APPLICATION.

Miscellaneous. These Terms and any policies or rules posted by us on the Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms shall be construed and governed by the laws of California, regardless of its conflict of laws provisions, and the applicable courts in California shall have exclusive jurisdiction over any dispute arising out of or related to these Terms. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.


Contact Us: In order to resolve a complaint regarding the Application or to receive further information regarding the use of the Application, please contact us at support@skywasolutions.com