The following terms and conditions govern all use of the Skymem website and all content, services and products available at, or through, the Skymem domain skymem.com (the "Website"), including, but not limited to, the Skymem user management service (collectively with the Website, the "Services"). The Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Website by Skymem (collectively, the "Agreement").
You accept and agree to these Terms of Service by:Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by Skymem, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 18 years old.
If you create an account for the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Skymem of any unauthorized uses of your account or any other breaches of security. Skymem will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process. You must not, in the use of the Services, violate any laws in your jurisdiction and in the United States (including but not limited to copyright or trademark laws). You must not create more than one account. You must not share your account with others.
Optional paid services, such as extra capacity, are available on the Services (any such optional services, an "Upgrade"). By selecting an Upgrade, you agree to pay Skymem the monthly or annual subscription fees indicated for that Upgrade (additional payment terms are described below). Payments will be charged on a prepaid basis on the day you sign up for an Upgrade and will cover the use of that Upgrade for a monthly or annual subscription period, as requested by you. Upgrade fees are non-refundable. To prevent fraud, we might temporarily disable your account after an upgrade to perform a manual verification.
Unless you notify Skymem before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any applicable taxes) using any credit card or other payment mechanism we have on record for you.
By signing up for a Skymem account, you agree to pay Skymem the monthly or annual subscription fees published on the Website as of when you registered for the Services. Applicable fees will be invoiced starting from the day your paid account is established and in advance of using the paid Services. Your monthly or annual subscription will automatically renew unless you cancel it. Skymem reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Unless mentioned otherwise, the prices do not include taxes. Skymem might change the amount charged for an ongoing subscription if we're required by law to collect new taxes.
Skymem does not provide refunds to users who request cancellation of Services, regardless of the reason for the request. You may cancel your account at any time via email to Skymem or in the Settings section of your account's dashboard. If you cancel paid Services, the cancellation will take effect at the end of your current billing period. Thereafter, Skymem will cease charging you for paid services and will disable your paid account.
The Services includes access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Skymem to respond within three business days) concerning the use of the Services. All Skymem support will be provided in accordance with Skymem standard practices, procedures, and policies.
By creating an account, you grant Skymem a perpetual worldwide license to use your company's name and logo(s) for the sole purpose of Skymem’s marketing and sales efforts, such as listing you as a Skymem customer on the Website. You may revoke this license at any time by notifying Skymem via email.
As Skymem asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Skymem violates your copyright, you are encouraged to notify Skymem. Skymem will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Skymem will terminate a visitor's access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Skymem or others.
Skymem does not transfer to you any Skymem or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Skymem. Skymem, the Skymem logo, and all other trademarks, service marks, graphics and logos used in connection with Skymem, or the Services are trademarks or registered trademarks of Skymem or Skymem licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Skymem or third-party trademarks.
Under this license you may not:
Additionally, you agree not to:
Your license to use the Services shall automatically terminate if you violate any of these prohibitions or restrictions and may be terminated by Skymem at any time, in its sole discretion.
Skymem reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Skymem will provide you with written notice of any material updates at least fifteen (15) days prior to the date the updated version of this Agreement is effective, unless such material updates result from changes in laws and regulations. For minor changes, Skymem will revise the "last updated" date given above. Modifications are effective upon publication. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Skymem may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The parties acknowledge that they may share Confidential Information for the purposes of this Agreement. The receiving party shall not use, disclose, or otherwise take any advantage of such Confidential Information, except as expressly permitted in the Agreement.
Each party shall exercise the same degree of care to avoid the publication or dissemination of the other party's Confidential Information as it affords to its own Confidential Information of a similar nature which it desires not to be published or disseminated, which in any event shall not be less than reasonable care.
Confidential Information disclosed under the Agreement shall only be used by the receiving party for the purpose of the Agreement or the performance of its obligations hereunder. The receiving party agrees not to use the disclosing party’s Confidential Information for its own benefit or for the benefit of any third party.
The obligation of the parties not to disclose confidential information shall survive the termination or expiry of the Agreement.
Notwithstanding the foregoing, neither party shall be obliged to protect Confidential Information of the other party which:
A receiving party may disclose Confidential Information that is required to be disclosed pursuant to a requirement of a government agency or law so long as the receiving party provides prompt notice to the disclosing party of such requirement prior to disclosure (where permitted under applicable law).
The personal data you provide to Skymem or get access to via the Skymem website or Skymem integrations when using the Services will be subject to Skymem’s Privacy Policy available at Privacy Policy page, and the Data Processing Agreement. The Data Processing Agreement is incorporated into this Agreement by this reference. Each party will comply with the terms of the Data Processing Agreement: Processing Agreement page.
For any personal data, such as names, professional email addresses, job titles, social networks URLs, or professional phone numbers that you access or obtain when using the Services, (i) you will remain an independent Controller as defined under the EU General Data Protection Regulation, 2016; (ii) will individually determine the purposes and means of its processing; and (c) will comply with the obligations applicable to it under applicable data protection law with respect to the processing of such personal data.
Skymem may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. In the case of a paid account, Skymem will refund the unused portion of your prepaid subscription amount within thirty (30) days, which will be paid to the same payment method you used to open the account.
If you wish to terminate this Agreement, you may simply discontinue using the Services.
The Services is provided "as is". Skymem and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Skymem nor its suppliers and licensors, makes any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
In no event will Skymem, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Skymem under this Agreement during the twelve (12) month period prior to the cause of action. Skymem shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Services will be in strict accordance with the Skymem Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Skymem, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
All matters relating to the Website and these Agreement 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 Republic of Croatia without giving effect to any choice or conflict of law provision or rule (whether of the Republic of Croatia or any other jurisdiction).