Terms of Service

1. Acceptance and Binding Agreement

By accessing, registering for, or using the SkyAIApp platform (the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the "Terms"). If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" refers to such entity. If you do not agree to any part of these Terms, do not use the Services.

2. Service Description and Modifications

SkyAIApp provides an AI application development and operations platform, including but not limited to: API gateway, model routing, cost optimization, observability tools, SDKs, and management console. We reserve the right to:

• Modify, suspend, or discontinue any part of the Services at any time without notice
• Update, modify, or deprecate any APIs, features, or documentation
• Set or adjust usage limits (such as request rates, storage capacity, etc.)
• Modify these Terms with 30 days prior notice

3. Account Registration and Security

Using the Services requires account registration. You agree to:

• Provide accurate, complete, and current registration information
• Safeguard your account credentials (including API keys) and be responsible for all activities under your account
• Notify us immediately upon discovering any unauthorized use or security breach
• Not share, transfer, or sell account access
• Ensure all users accessing the Services through your account comply with these Terms

⚠️ SkyAIApp is not liable for any loss or damage resulting from your failure to protect account credentials.

4. Acceptable Use Policy

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Attempt to bypass, disable, or interfere with security features or rate limiting
• Reverse engineer, decompile, or attempt to extract source code from the Services
• Use automated means (crawlers, bots, etc.) to excessively access the Services
• Transmit any malware, viruses, or harmful code
• Engage in fraudulent, deceptive, or misleading activities
• Generate, store, or transmit illegal, infringing, defamatory, pornographic, or otherwise harmful content
• Interfere with other users' normal use of the Services
• Access other accounts or systems without authorization

Violation of the Acceptable Use Policy may result in immediate account suspension or termination without refund.

5. Billing and Payment

The Services use subscription and/or usage-based billing. Regarding billing, you agree that:

• Subscription fees are charged in advance per billing cycle; usage fees are charged in arrears based on actual usage
• All fees are in USD unless otherwise stated
• You are responsible for all applicable taxes
• Late payments may result in service suspension and may incur late fees (1.5% per month or the maximum legal rate)
• Subscription renewals are automatic unless cancelled before the current period ends
• Downgrades or cancellations take effect at the end of the current billing cycle
• Fees paid are generally non-refundable unless required by law or otherwise agreed in writing

6. Data Processing and Privacy

Regarding data processing:

• You retain all ownership and control of data submitted through the Services ("User Data")
• You grant us a limited license to process User Data solely as necessary to provide and improve the Services
• We collect and process data in accordance with our Privacy Policy
• Enterprise customers may sign a Data Processing Agreement (DPA) for compliance requirements
• We do not sell User Data to third parties or use it to train general AI models
• After service termination, User Data will be deleted within 30 days unless legally required to retain

7. Intellectual Property

Regarding intellectual property ownership:

• SkyAIApp and its licensors retain all rights to the Services, platform, documentation, trademarks, and all related intellectual property
• You retain all rights to User Data and outputs generated through the Services
• Any feedback, suggestions, or improvements you provide may be used by us without compensation or attribution
• You may not use our trademarks, logos, or brand assets without written permission

8. Third-Party Services and Models

The Services may integrate with or provide access to third-party AI model providers (such as OpenAI, Anthropic, Google, etc.). Use of these third-party services is subject to their respective terms of service. SkyAIApp is not responsible for the availability, accuracy, performance, or content of third-party services. Any changes, interruptions, or termination of third-party services do not constitute a breach by SkyAIApp.

9. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
• WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WE DO NOT WARRANT THAT RESULTS FROM THE SERVICES WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS
• WE ARE NOT RESPONSIBLE FOR THE ACCURACY, LEGALITY, OR APPROPRIATENESS OF CONTENT GENERATED BY THIRD-PARTY AI MODELS
• YOU UNDERSTAND AND AGREE THAT AI-GENERATED CONTENT MAY CONTAIN ERRORS, BIASES, OR INACCURACIES

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• SKYAIAPP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA LOSS, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL
• THE ABOVE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
• SKYAIAPP'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER
• THE ABOVE LIMITATIONS SURVIVE TERMINATION OF THESE TERMS

11. Indemnification

You agree to indemnify, defend, and hold harmless SkyAIApp and its directors, officers, employees, agents, and affiliates from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your infringement of any third-party rights; (d) your User Data.

12. Termination

Regarding termination:

• You may cancel your account at any time through account settings or by contacting support
• We may suspend or terminate your account for violation of these Terms, non-payment, or other reasonable cause
• In cases of serious violations, we may terminate accounts immediately without prior notice
• Upon termination, your access to the Services will cease immediately
• Termination does not affect rights and obligations accrued prior to termination
• Provisions of these Terms that by their nature should survive termination will survive

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall first be resolved through good faith negotiation. If negotiation fails to resolve the dispute within 30 days, the dispute shall be submitted to the state or federal courts in Wilmington, Delaware for resolution, and both parties consent to the exclusive jurisdiction of such courts. You waive any right to participate in class action lawsuits against SkyAIApp.

14. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and SkyAIApp regarding the Services and supersede all prior oral or written agreements.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
• Assignment: You may not assign any rights or obligations under these Terms without our prior written consent. We may freely assign these Terms.
• Force Majeure: Neither party is liable for failure or delay in performance due to causes beyond reasonable control, including natural disasters, war, terrorism, strikes, government actions, cyberattacks, etc.
• Notices: We may send notices to you via email, service announcements, or posting on our website. Notices to us should be sent to hello@skyaiapp.com.

15. Contact Information

If you have any questions about these Terms, please contact: