PREAMBLE. These terms of service agreement (the “Agreement”, the “Terms”) outlines your access to and use of the “Skaya”, the AI-powered research tool available on the skaya.ai website (the “Service”, “Services”), provided by Skaya Research LLC, a limited liability company incorporated under the Laws of Georgia (the “Company”, “Skaya”, “Us”, “We”).
AGREEMENT. By using our Services, you agree to these Terms. If you do not agree, do not use the Service. If you are using the Services for a company or legal entity, you confirm that you have the authority to bind them to these Terms. “You” and “your” will refer to that entity.
CHANGES TO THE AGREEMENT. We may update the Terms at our discretion. If we do, we’ll inform you by posting the updated Terms on the Site. Please review the Terms whenever they are updated. Your continued use of the Services signifies your acceptance of the changes. If you disagree with the changes, you must stop using the Services. As our Services evolve, we may change or discontinue any part of them at any time without notice.
USERS AND ACCOUNTS. You may use the Services only if you are 18 years of age or older and capable of forming a binding contract with Skaya, and not otherwise barred from using the Services under applicable law. To access certain features of the Services, an account is required. It is essential that you provide accurate, complete, and up-to-date account information and maintain its accuracy. Failure to do so may result in the suspension or termination of your account. To ensure the security of your account, please keep your account details and password confidential, and notify us immediately of any unauthorized use. You are responsible for all activities conducted under your account.
SUBSCRIPTIONS. Skaya requires payment to access certain services, and by subscribing, you agree to pay the applicable fees.
General. When you purchase a subscription, you authorize Us (or our third-party payment processor) to charge your payment method for the subscription. This may include your credit card number, expiration date, and billing address for payment processing and notifications. You confirm that you have the legal right to use the payment method provided. By subscribing, you allow Us to share your payment details with third parties to process the transaction, and agree to pay the subscription fee, any relevant taxes, and other charges. Additional information may be required to verify your identity, and you consent to sharing such details as part of your payment information. All subscription payments are non-refundable and non-transferable, except as otherwise stated. Fees and applicable taxes are charged in US dollars.
Subscription Fees. When you purchase a subscription, you will be billed the current annual or monthly subscription fee, along with applicable taxes and charges, at the start of your subscription and each subsequent renewal period. By subscribing, you authorize Skaya to process recurring, non-refundable payments based on the subscription plan you selected. We will automatically charge your payment method on each subscription renewal date, unless you cancel your subscription. Your subscription will continue until you cancel it or Skaya terminates your access to the Service according to the Terms.
Cancellation of Your Subscription.
Tryout Threshold: After subscribing, you can try the Service up to three (3) times. If you reach the tryout threshold, this indicates that you are satisfied with the Service. The tryout period is not free, and if you do not reach the threshold but would like a refund, we may deduct the tryout period fee on a pro-rata basis, depending on the average usage within the applicable subscription period.
Non-EU Residents: If the service has not been used or the tryout threshold has not been reached, the subscription can be canceled within three (3) calendar days of the initial purchase for a full refund. After reaching the tryout threshold or after three (3) days, the purchase is final, and no refund will be provided. In the case of an issue during the transaction, we reserve the right to cancel it and refund any amount paid. The subscription may be canceled at any time, but cancellation will only take effect at the end of the current subscription period. No refunds will be issued for any part of the current subscription period, and the subscriber will remain responsible for payment of the subscription fees incurred. To cancel, please email [email protected]. The service can continue to be used until the end of the current period, after which the subscription will end, and no further charges will apply.
EU Residents: You are entitled to cancel your subscription within 14 days from the start date, without providing a reason. However, by utilizing the service beyond the tryout threshold, you forfeit this right to cancel. Our technical support team monitors usage and can verify your service consumption.
Refunds: Unless explicitly stated otherwise, no refunds will be issued for fees or amounts paid in connection with the services. Refunds will only be provided under the conditions specified in the “Cancellation of Your Subscription” section.
CONTENT.
License to Your User Content: By sharing User Content through the Services, you grant Skaya a non-exclusive, worldwide, transferable, royalty-free license to use, copy, modify, create derivative works of, distribute, publicly display, and publicly perform your User Content. This license is granted for the purpose of operating and providing the Services and applies to any form or medium in which your User Content is provided.
Your Responsibility for User Content: You are fully responsible for all User Content you share. By submitting it, you confirm that you have the necessary rights to grant the license as outlined in these Terms. Additionally, you confirm that your User Content does not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, or any applicable law.
Intellectual Property Rights of Skaya: Any content provided through the Services, including Generated Content, may be protected by intellectual property rights and remains the exclusive property of Skaya or its partners. These rights are not transferred to you under any circumstances.
Your Use of Generated Content: Skaya grants you a non-exclusive, non-transferable, perpetual, worldwide license to use Generated Content solely for self-educational purposes, if you comply with these Terms. This license does not include the right to sublicense.
Deleting Your User Content: You can delete your User Content but be aware that some copies (such as posts or comments) may still exist on the Services even after deletion. We cannot guarantee complete removal and will not be held liable for any failure to delete your User Content, to the fullest extent permitted by law.
Sharing Content: Through our Services, you may share various types of content such as text, images, videos, music, files, software, documents, and graphics. Any content shared is referred to as “User Content.” Skaya acknowledges that you retain full ownership of your User Content, and these Terms do not restrict your ownership rights.
General Prohibitions. You agree not to do any of the following:
Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide the Services.
Forge any TCP/IP packet header or alter source-identifying information in any email or newsgroup posting or otherwise send deceptive or false information via the Services.
Interfere with, or attempt to interfere with, the access of any user, host, or network, including sending viruses, flooding, spamming, or mail-bombing the Services.
Access, tamper with, or use non-public areas of the Services, Skaya’s computer systems, or technical delivery systems of Skaya’s providers.
Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party, or in any manner not permitted by these Terms.
Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
Post, upload, submit, publish, or transmit any User Content that is defamatory, obscene, pornographic, vulgar, or offensive.
Attempt to probe, scan, or test the vulnerability of any Skaya system or network or breach any security or authentication measures.
Use any engine, software, tool, agent, device, or mechanism (such as spiders, robots, crawlers, or data mining tools) to access, search, or download content from the Services, other than the software provided by Skaya or standard third-party web browsers.
Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any form of solicitation.
Violate any applicable law or regulation, or encourage conduct that would violate any law, or give rise to civil liability.
Collect or store any personally identifiable information from other users of the Services without their express permission.
Impersonate or misrepresent your affiliation with any person or entity.
Avoid, bypass, or disable any technological measures implemented by Skaya or third parties (including other users) to protect the Services.
Allow others to access your account by providing them with your login details or selling your login information.
Use any meta tags, hidden text, or metadata utilizing a Skaya trademark, logo, URL, or product name without Skaya’s express written consent.
Promote illegal or harmful activities or substances.
Encourage or enable any other individual to engage in the above activities. Skaya is not required to monitor the use or access of the Services or to edit any content. However, we reserve the right to do so to operate the Services, ensure compliance with these Terms, and abide by applicable legal requirements. We have the option to remove or restrict access to any content, including User Content, at any time and without prior notice, if we consider it objectionable or in violation of these Terms at our sole discretion. We reserve the right to investigate any conduct that affects the Services or violates these Terms. We may also work with law enforcement agencies to prosecute any users who break the law.
DMCA/Copyright Policy. Skaya respects copyright law and expects its users to do the same. It is Skaya’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
LINKS. The Services may allow you to access third-party websites or other resources. We provide access only as convenient and are not responsible for the content, products or services or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
TERMINATION. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time without giving notice to you. You may cancel your account at any time by sending us an email at [email protected]. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 5(a), 5(b), 5(c) (only for payments due and owing to Skaya prior to the termination), 6(a), 6(b), 6(c), 6(d), 9, 10, 11, 12, 13, 14, and 15. The services are provided on an “as is” basis without any warranty of any kind, whether express or implied. We explicitly disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, as well as any warranties arising out of course of dealing or usage of trade. We do not guarantee that the services will meet your requirements or be available uninterrupted, secure, or error-free. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the services. You agree to indemnify and hold harmless Skaya, its officers, directors, employees, and agents from any and all claims, disputes, demands, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising from or related to (a) your use of the Services, (b) any User Content you provide, and (c) any violation of these Terms by you.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, neither Skaya nor its service providers shall be held liable for any incidental, consequential, exemplary, or special damages, including but not limited to lost profits, lost revenues, lost savings, lost business opportunities, loss of data or goodwill, service interruption, computer damage, system failure, or the cost of substitute services arising out of or in connection with these Terms or the use or inability to use the Services. This applies irrespective of whether such damages are based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and regardless of whether Skaya or its service providers have been advised of the possibility of such damages, even if a limited remedy fails for its essential purpose.
To the extent allowed by the law within the relevant jurisdiction, Skaya's liability for any claims arising from or relating to these Terms or the use of the Services shall not exceed the total amount paid or payable by you to Skaya for utilizing the Services, or ten dollars ($10) if no payments have been made to Skaya, whichever is applicable.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the agreement between Skaya and you.
GOVERNING LAW. These Terms and any action related thereto will be governed by the laws of Georgia, without regard to its conflict of law’s provisions.
CLASS ACTION WAIVER. EACH PARTY HERETO WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY, AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR IS AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES HEREBY AGREE THAT: (1) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS' FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT TO THE CONTRARY); AND (2) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
DISPUTE RESOLUTION. Any disputes, claims or controversies arising from or related to these Terms, or the use of the Services (collectively, “Disputes”) must be resolved through binding individual arbitration rather than a class, representative, or consolidated action or proceeding. The arbitration will be governed by the Arbitration Act, and both you and Skaya waive the right to a trial by jury or participation in a class action. This arbitration provision remains effective even after the termination of these Terms.
GENERAL TERMS
Entire Agreement: These Terms constitute the entire agreement between Skaya and you regarding the Services, replacing all prior agreements or understandings. If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent allowed by law, and the remaining provisions will continue in effect. You may not assign or transfer these Terms without Skaya’s prior written consent, and any unauthorized assignment is void. Skaya may assign or transfer these Terms without restriction. These Terms will bind and benefit the parties and their successors or permitted assigns.
Notices: Skaya will provide notices or communications to you via email or by posting them on the Services. For email notices, the receipt date will be considered the same day the notice is sent.
Rights Reserved: Skaya and its licensors hold exclusive ownership of all rights, titles, and interests in the Services, including any associated intellectual property. You acknowledge that the Services are protected by copyright, trademark, and other laws in the EU, the United States, and other countries. You agree not to remove, alter, or hide any copyright, trademark, service mark, or other proprietary rights notices included with the Services.
Enforcement and Waivers: Skaya’s failure to enforce any right or provision of these Terms does not waive that right. Waivers are only valid if made in writing and signed by an authorized representative of Skaya. The exercise of any remedy under these Terms does not affect the availability of other remedies, unless explicitly stated.
DISCLAIMER
Disclaimer of Warranties: The Services are provided on an “as-is” and “as-available” basis. You agree that your use of the Services is at your own risk. To the fullest extent permitted by law, we disclaim all express and implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representations or warranties regarding the accuracy or completeness of the Services’ content or the content of any linked websites or mobile applications.
Limitations of Liability: We assume no liability for any of the following: (1) errors, inaccuracies, or mistakes in content and materials; (2) personal injury or property damage resulting from your use of the Services; (3) unauthorized access to our secure servers or any personal or financial information stored there; (4) interruptions or cessation of transmission to or from the Services; (5) bugs, viruses, or malware transmitted via the Services by third parties; or (6) any loss or damage incurred due to the use of content posted, transmitted, or made available through the Services.
User Responsibility: While we strive to generate high-quality, human-like text, we do not guarantee specific levels of quality, coherence, or suitability for any particular purpose. Users should carefully review and edit generated text to ensure it meets their needs and expectations.
Third-Party Products and Services: We do not warrant, endorse, or assume responsibility for any third-party products or services advertised through the Services or any linked websites. We are not involved in or responsible for transactions between you and third-party providers. Always exercise caution and use your best judgment when engaging with third-party products or services.
PRIVACY POLICY: Find some time to review our Privacy Policy to understand how we collect, use, and share your information as you use our Services.