skydeck

Last Updated: December 3, 2009

For information on Skydeck fees see http://skydeck.com/pricing.

These Terms of Service govern your access to and use of Your Data (as defined below), the Skydeck website (the “Site”), any information, text, graphics, or other materials appearing on the Site provided by Skydeck (the “Skydeck Content”), and any services or software, including but not limited to SMS messaging, the Skydeck Mobile App (as defined below), and Skydeck Caller ID (as defined below), provided through the Site (the “Services”). Your access to and use of the Site, Skydeck Content, and Services, are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, Skydeck Content, or Services, you agree to be bound by these Terms of Service.

1. Skydeck Helps You To Back Up and Manage Your Cell Phone

On your request, Skydeck stores your cell phone data, including but not limited to your call information, SMS messages, contacts, voicemails, and other information (“Cell Phone Data”) which Skydeck obtains directly from you, your cell phone, your wireless service provider (“Wireless Provider”), your social network or address book application, and/or your voicemail service.

Your Cell Phone Data, tags, and notes, Skydeck profile and any other personal information that you upload to Skydeck with the exception of Posts (as defined below) are “Your Data.”

Skydeck will never intentionally share any of Your Data with any third party without your permission, except as set forth in these terms. The permissions you give Skydeck are always under your control and you can delete your Skydeck account and all of Your Data at any time.

By sharing and uploading Your Data, you grant Skydeck a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, prepare derivative works of, display and perform Your Data in connection with the Site and the Services.

You acknowledge and agree that you are solely responsible for all of Your Data that you make available through the Site or the Services. Accordingly, you represent and warrant that: (i) you have all rights, licenses, consents and releases that are necessary to grant to Skydeck the required rights in Your Data, as contemplated under these Terms of Service, including but not limited to permission from your contacts to upload their information to Skydeck; and (ii) neither Your Data nor your posting, uploading, publication, submission or transmittal of Your Data or Skydeck’s use of Your Data (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You acknowledge and agree that, to provide you the Services, Skydeck may interact with third parties such as your Wireless Provider, social networks, address book provider, and/or voicemail provider under your respective accounts. You hereby designate us your agent for those limited purposes. Actions we take with those companies on your behalf will be deemed to be actions taken by you. By providing or allowing Skydeck to access Your Data, you are granting Skydeck all of the necessary rights and permissions to provide the Services and build applications for you that are based on Your Data.

2. Billing and Fees

Skydeck fees and payment terms may vary depending on your Wireless Provider. More information on Skydeck fees can be found at http://skydeck.com/pricing and fees and payment terms are provided to you before you provide a means of payment.

You represent that you are the owner or authorized user of the wireless device you use to access the Skydeck Mobile App and that you are authorized to approve any and all applicable charges. You agree and acknowledge that your Wireless Provider’s standard message and data rates may apply in addition to any Skydeck fees.

You agree to pay the applicable fees and any taxes and other fees that may accrue in relation to your use of the Site and Services, if any. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

Skydeck may change fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes.

If fees due to Skydeck are not paid in a timely manner, or Skydeck is unable to process your transaction using the information provided, Skydeck reserves the right, and has the sole discretion, to suspend your access to your Skydeck account. If any outstanding fees are not paid up within thirty (30) days from the date on which the fees become outstanding, Skydeck, reserves the right, and has the sole discretion, to delete your Skydeck account and delete Your Data.

Canceling Your Account

You may cancel your Skydeck account at any time by logging in to the Site from any computer and selecting “Delete Account” from the “My Account” page, or by visiting https://m.skydeck.com/account/cancel from your device. Skydeck account cancellation is effective immediately and you will not be issued a refund for any previously charged fees.

Deleting the Skydeck Mobile App from your device will not cancel your Skydeck account. Until you login to the Site and delete your account as described above, Your Data, the Site and the Service will still be available to you, and you will continue to be charged according to the relevant fee schedule.

3. Your Skydeck Profile

Upon registration, Skydeck creates a profile for you. The only information Skydeck requires on your profile is your name.

Some fields, such as your name and photo (if any) are labeled “public” and can be seen by anyone who searches for this exact information on Skydeck.

Other fields, such as your cell phone number and email address (if any) are “private” and visible only to your “Connections” (as defined in the next Section). However, if a Skydeck member already has access to such private information, that member can use it to find your public profile. For example, a new member who already has your email address in their contacts will be able to find you on Skydeck, and a member whom you call without blocking your cell phone number will see the public section of your profile as part of Skydeck’s Caller ID feature.

4. Skydeck Connections

Skydeck allows you to connect to one or more other Skydeck members with their consent (each of whom then becomes one of your “Connections”).

When one of your Connections updates their profile, your contact information for them will be updated automatically, within Skydeck and on your phone.

By adding a new Connection to your network, you are agreeing to let that new Connection view all of the information on your profile, and your list of Connections. (You can make the list of your Connections private by visiting ‘My Connections’ under ‘My Account’, in which case your Connections will only be able to see your profile.)

Forming a Connection is completely optional and at your discretion. You can delete a Connection at any time by hovering over their name in your list of Connections and selecting ‘Break this Connection’.

By choosing to form a Connection, you are granting Skydeck permission to generate, provide, and display—to your other Connections only—information related to your social network. Skydeck never uses this information for any other purposes without your permission. Neither the associated data nor any of its components will ever be intentionally shared with any third party except as set forth in these terms.

5. Skydeck Caller ID

If you opt in to Skydeck Caller ID, anytime you receive a call on your cell phone from a number that is not in your phone contacts, Skydeck looks up the number in several public and proprietary databases, and if possible, returns the name of the person or business that is trying to reach you. If the number calling you is associated with a Skydeck member, Skydeck will also display information from that member’s profile, as explained in Section 2. In both cases, Skydeck offers you the option of adding this new contact to your address book.

To use Skydeck Caller ID you must grant Skydeck permission to verify results for other members against Your Data. If you prefer not to grant Skydeck such permission, or you do not have the permission of your contacts, do not opt in to Skydeck Caller ID.

6. Guard Your Skydeck Password

When you first login to Skydeck.com on your PC or Mac, you will create a new password for use on the Skydeck Site. You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Skydeck of any unauthorized use of your password.

7. Your Use of the Skydeck Content

Skydeck authorizes you to download, view, and print a copy of the Skydeck Content, solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Service.

8. Reports

Skydeck is designed to give you flexibility over your own information. You may use and change the Skydeck Reports for any non-commercial purposes. All other rights are reserved.

9. Skydeck Property

All right, title, and interest in and to the Site, Skydeck Content, and Services are and will remain the exclusive property of Skydeck and its licensors. The Site, Skydeck Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Skydeck Content, or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Skydeck Content, or Services on or in connection with any other website, for any purpose.

Your Data does not include content that you contribute to Skydeck’s corporate weblog and support forums (“Posts”). By emailing, posting, submitting or uploading a Post, to the Site and through the Services, you automatically grant (or warrant that the owner of such rights has expressly granted) Skydeck a worldwide, royalty-free, non-exclusive, sublicensable, perpetual, and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, and transmit your Post in any form, medium, or technology now known or later developed. In addition, you waive all so-called moral rights in your Post or warrant that they have been waived. Skydeck has the right, but not the obligation, to monitor and edit, or remove content or Posts, in whole or in part. Skydeck is not responsible for the accuracy, completeness, appropriateness, legality or applicability of content or Posts provided by others and Skydeck does not endorse, support, sanction, encourage, verify, or agree with content or Posts others submit.

10. Skydeck Mobile App

Subject to your compliance with these Terms of Service, Skydeck grants you a non-exclusive and non-transferable license for you to Execute (as defined herein) the executable form of the Skydeck mobile application (the “Skydeck Mobile App”) on an approved mobile device that you own or control (your “Device”) for the purposes of accessing the Skydeck Services. This license does not allow you to use the Skydeck Mobile App on any Device that you do not own or control. Skydeck reserves all rights in the Skydeck Mobile App not expressly granted to you in this Agreement. For purposes of this Agreement, “Execute” and “Execution” means to load, install, and run the Application in order to benefit from its functionality as designed by Skydeck. The copy of the Skydeck Mobile App is licensed, not sold. You own the Device on which the Skydeck Mobile App is recorded, but Skydeck retains ownership of the copy of the Skydeck Mobile App itself, including all intellectual property rights therein.

You acknowledge that Skydeck may choose to issue upgraded versions of the Skydeck Mobile App and may elect to do so automatically and electronically. You hereby agree and consent to such automatic upgrades and acknowledge that these Terms of Service will apply to any and all such upgrades, unless such upgrade is accompanied by a separate license.

The license granted under this Section 10 remains in effect for a period of 75 years, unless earlier terminated in accordance with these Terms of Service. You may terminate the license at any time by destroying all copies of the Skydeck Mobile App in your possession or control. The license granted under these Terms of Service will automatically terminate, with or without notice from Skydeck, if you breach any term of these Terms of Service. Upon termination, you must at Skydeck’s option either promptly destroy or return to Skydeck all copies of the Skydeck Mobile App in your possession or control.

11. General Prohibitions

You agree not to do any of the following while using or accessing the Site, Skydeck Content, Services, Your Data or Skydeck Reports:

Skydeck will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Skydeck may involve and cooperate with law enforcement authorities in prosecuting members who violate these Terms of Service. You acknowledge that Skydeck has no obligation to monitor your access to or use of the Site, Skydeck Content, Services, Your Data, or Skydeck Reports, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

12. Feedback

Skydeck encourages Members to evaluate and test the Site, Skydeck Content, Services, and Skydeck Reports, and provide Skydeck with feedback, comments, and suggestions for improvements (“Feedback”). You hereby irrevocably grant Skydeck a non-exclusive, sublicensable, royalty free, perpetual license to make, use, sell, copy modify, distribute, and perform any and all Feedback that you provide. You will not earn or acquire any rights or licenses in the Site, Skydeck Content, or the Services on account of this Agreement or your performance under this Agreement.

13. Digital Millennium Copyright Act Compliance

Skydeck respects the intellectual property rights of others and expects our members to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder’s rights. You agree to comply with the terms of the Skydeck Copyright Policy, which may be found at http://skydeck.com/legal/copyright.

14. Links

The Site may contain links to third party websites or resources. You acknowledge and agree that Skydeck is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Skydeck of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

15. Termination

If you violate any of these Terms of Service, your permission to use or access the Site, Skydeck Content, Services, Your Data or Skydeck Reports will automatically terminate. Skydeck reserves the right to change or revoke your access to and use of (or to generally alter or cease providing) the Site, Skydeck Content, Services, Your Data, or Skydeck Reports, or any part thereof, at any time, with or without cause but if Skydeck does revoke your access, Skydeck will provide you with notice and a reasonable amount of time so as to allow you to back up Your Data.

16. Use of the Site at Your Own Risk

Your access to and use of the Site, Skydeck Content, Services, Your Data, or Skydeck Reports is at your own risk. Skydeck will have no responsibility for any harm to your computer system or wireless device, loss of data, or other harm that results from your access to or use of the Site, Skydeck Content, Services, Your Data, or Skydeck Reports. You agree to use the Service, including but not limited to having Skydeck retrieve your Cell Phone Data, initiate phone calls and provide certain voicemail services, only where permitted by the applicable third party providers and wireless carriers.

You acknowledge and agree that you should not rely on the Site, Skydeck Content, Services, or Skydeck Reports for any reason. You further acknowledge and agree that you are solely responsible for maintaining, backing up, and protecting all of Your Data.

17. The Site is Available “AS-IS”

THE SITE, SKYDECK CONTENT, SERVICES, AND SKYDECK REPORTS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY ACKOWLEDGE AND AGREE THAT USE OF THE SITE, SKYDECK CONTENT, SERVICES AND SKYDECK REPORTS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. WITHOUT LIMITING THE FOREGOING, SKYDECK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

SKYDECK DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, SKYDECK CONTENT, SERVICES, AND SKYDECK REPORTS AND SKYDECK MAKES NO WARRANTY THAT THE SITE, SKYDECK CONTENT, SERVICES, OR SKYDECK REPORTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS WILL BE CORRECTED. SKYDECK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE, SKYDECK CONTENT, SERVICES, OR SKYDECK REPORTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, SERVICES, YOUR DATA, OR SKYDECK REPORTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SKYDECK OR THROUGH THE SITE, SKYDECK CONTENT, SERVICES, YOUR DATA, OR SKYDECK REPORTS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

18. Indemnity

You agree to indemnify and hold harmless Skydeck, its officers, directors, employees, and agents, from and against any third party claims, demands, disputes, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your Connections, or access to or use of the Site, Skydeck Content, Services, or Your Data or your provision of Cell Phone Data or your violation of these Terms of Service or the rights of another party.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYDECK WILL NOT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED,RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SKYDECK CONTENT, SERVICES, YOUR DATA, OR SKYDECK REPORTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SKYDECK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT SKYDECK IS NOT LIABLE FOR: (1) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU; (2) ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES; (3) ANY HARM RESULTING FROM USE OF YOUR CELL PHONE DATA, OR CONNECTIONS AS SET FORTH IN THIS AGREEMENT; OR (4) ANY EFFECTS THAT YOUR USE OF THE SITE, SKYDECK CONTENT, SERVICES, SKYDECK REPORTS, OR CONNECTIONS HAVE ON YOUR COMMERCIAL AND NON-COMMERCIAL RELATIONSHIPS WITH THIRD PARTIES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF SKYDECK TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, SKYDECK CONTENT, SERVICES, OR SKYDECK REPORTS IS LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS THAT YOU HAVE PAID TO SKYDECK DURING THE THREE MONTH PERIOD PRIOR TO SUCH CLAIMS, FOR ACCESS TO AND USE OF THE SITE, SKYDECK CONTENT, SERVICES, YOUR DATA, OR SKYDECK REPORTS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKYDECK AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

20. Severability

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

21. Waiver

The failure of Skydeck to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

22. Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

23. U.S. Government End Users

The Skydeck Mobile App and any documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Application and documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Skydeck Mobile App and documentation will be only those specified in these Terms of Service.

24. Export Law

You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Skydeck Mobile App nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Skydeck Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

25. Entire Agreement

These Terms of Service are the entire and exclusive agreement between Skydeck and you regarding the Site, Skydeck Content, Services (including but not limited to the Skydeck Mobile App), Your Data, and Skydeck Reports and these Terms of Service supersede and replace any prior agreements between Skydeck and you regarding the Site, Skydeck Content, Services, Your Data, and Skydeck Reports.

If you have any questions about these Terms of Service, please contact Skydeck at legal@skydeck.com.