Terms of Service
These Terms of Service govern your access to and use of the Skydeck website (the “Site”), any information, text, graphics, or other materials appearing on the Site, except for Your Data as defined below, (the “Content”), and any services or software provided through the Site (the “Services”). Your access to and use of the Site, Content, and Services, as defined below, are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, Content, or Services, you agree to be bound by these Terms of Service.
1. Skydeck Helps You to Manage Your Cell Phones and Your Cell Phone Bill
On your request, Skydeck gathers your cell phone data (“Cell Phone Data”) from your cell phone companies and displays them to you in an easy-to-use format. Skydeck does not require that you give Skydeck the login information for your cell phone company account. If you use the Firefox web browser, Skydeck offers an extension that requests your login information, stores it in your web browser, and uses it solely to retrieve your Cell Phone Data on your behalf; the extension does not send your login information to Skydeck.
Skydeck can also combine your Cell Phone Data with information from your online or desktop address book application (like Outlook or Yahoo Mail) (“Address Book Data”) to help you understand, analyze, and annotate your Cell Phone Data. For this, Skydeck may require the login information for your web email account. This login information is used for the sole purpose of importing your Address Book Data and is then deleted immediately.
Your Cell Phone Data, your Address Book Data, tags, notes, 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.
You acknowledge and agree that, to provide you the Services, Skydeck will interact with your cell phone company and email address book 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 permission to generate reports and build applications for you that are based on Your Data, including without limitation reports that help you to understand your cell phone usage and to maximize the value of your wireless service (“Skydeck Reports”).
You represent and warrant that by providing or uploading Your Data, you have all necessary permissions to do so.
2. Skydeck Connections
Skydeck’s connections feature allows you to connect to one or more other Skydeck members with their consent (each of whom then becomes one of your (“Connections”).
By adding a new Connection to your network, you are agreeing to let that new Connection view your Skydeck profile, the names, descriptions, and photos of your other Connections from their Skydeck profiles, and Skydeck's estimate of the strength of each of your other Connections. You’re also agreeing to let your new Connection’s network see your name, description, and photo and the strength of your new Connection. The strength of a Connection is Skydeck's proprietary measure of how well you know that person, on a scale from 0 to 5. It is derived from Your Data.
Forming a Connection is completely optional and at your discretion. You decide what information to include in your Skydeck profile, which need only contain your name, and you can share different information with Connections you regard as 'business' and 'personal.' You can delete a Connection at any time, so that the other party can no longer see your profile and Connections, by selecting their profile on the Network tab and clicking the Delete button.
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.
3. Guard Your Skydeck Password
When you register for Skydeck, 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.
4. Your Use of the Content
Skydeck authorizes you to download, view, and print a copy of the Content, solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Service.
5. 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.
6. Skydeck Property
All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of Skydeck and its licensors. The Site, 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, 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, Content, or Services on or in connection with any other website, for any purpose.
Subject to your compliance with these Terms of Service, Skydeck grants you a non-exclusive and non-transferable license to install and use the executable form of the Skydeck browser extension for Firefox (the “Software”), solely for your personal use. You may make a single copy of the Software for backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software. Skydeck reserves all rights in the Software not expressly granted to you in this Agreement.
By emailing, posting, submitting or uploading content in which you own or control the Intellectual Property Rights (as defined below) to public sections of the Site where they are visible to all visitors, including without limitation Skydeck's corporate weblog and support forums (a “Post”), 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 such Posts in any form, medium, or technology now known or later developed. In addition, you waive all so-called moral rights in the Posts or warrant that they have been waived. Skydeck has the right, but not the obligation, to monitor and edit, or remove Posts, in whole or in part. Skydeck is not responsible for the accuracy, completeness, appropriateness, legality or applicability of content posted by others and Skydeck does not endorse, support, sanction, encourage, verify, or agree with content others submit.
7. General Prohibitions
You agree not to do any of the following while using or accessing the Site, Content, Services, Your Data or Skydeck Reports:
Post, publish, or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of the Site, Skydeck’s computer systems, or the technical delivery systems of Skydeck’s providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, Content, Your Data, or Skydeck Reports with any engine, software, tool, agent, device, or mechanism other than the software or search agents provided by Skydeck or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator), other than to retrieve Your Data by means that do not place an unreasonable load on the Site or inconvenience other users;
Send unsolicited email, junk mail, “spam”, chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content, Services, Your Data, or Skydeck Reports to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Content, Services, Your Data, or Skydeck Reports;
Interfere with, or attempt to interfere with, the access of any member, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
Impersonate or misrepresent your affiliation with any person or entity.
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, 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.
8. Feedback
During the beta, Members will evaluate and test the Site, Content, Services, and Skydeck Reports, and provide Skydeck with the 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, Content, or the Services on account of this Agreement or your performance under this Agreement.
9. 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.
10. 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.
11. Termination
If you violate any of these Terms of Service, your permission to use or access the Site, Content, Services, Your Data or Skydeck Reports will automatically terminate, however. Skydeck reserves the right to change or revoke your access to and use of (or to generally alter or cease providing) the Site, Content, Services, Your Data, or Skydeck Reports, or any part thereof, at any time, with or without cause but if it does revoke your access, Skydeck will provide you with notice and a reasonable amount of time so as to allow you to backup Your Data.
12. Use of the Site at Your Own Risk
Your access to and use of the Site, Content, Services, Your Data, or Skydeck Reports is at your own risk. Skydeck will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, 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 and Address Book Data, only where permitted by the applicable third party providers and wireless carriers.
13. Acknowledgement of Beta
You acknowledge and agree that: (a) the Site, Content, Services, and Skydeck Reports have not been commercially released by Skydeck; (b) the Site, Content, Services, and Skydeck Reports may not operate properly, be in final form or fully functional; (c) the Site, Content, Services, and Skydeck Reports may contain errors, design flaws, or other problems; (d) it may not be possible to make the Site, Content, Services, and Skydeck Reports fully functional; (e) the information obtained using the Site, Content, Services, and Skydeck Reports may not be accurate; (f) use of the Site, Content, Services, and Skydeck Reports may result in unexpected results, loss of data or communications, or other unpredictable damage or loss; (g) Skydeck is under no obligation to release a commercial version of the Site, Content, or Services; and (h) Skydeck has the right unilaterally to abandon development of the Site, Content, or Services, at any time and without any obligation or liability to you.
You acknowledge and agree that you should not rely on the Site, 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.
14. The Site is Available “AS-IS”
THE SITE, CONTENT, SERVICES, AND SKYDECK REPORTS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SKYDECK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
SKYDECK MAKES NO WARRANTY THAT THE SITE, CONTENT, SERVICES, OR SKYDECK REPORTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SKYDECK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE, CONTENT, SERVICES, OR SKYDECK REPORTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, SERVICES, OR SKYDECK REPORTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SKYDECK OR THROUGH THE SITE, CONTENT, SERVICES, OR SKYDECK REPORTS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. 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, Content, Services, or Your Data or your provision of Cell Phone Data or Address Book Data, or your violation of these Terms of Service or the rights of another party.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYDECK WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, 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, ADDRESS BOOK DATA, OR CONNECTIONS AS SET FORTH IN THIS AGREEMENT; OR (4) ANY EFFECTS THAT YOUR USE OF THE SITE, 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, CONTENT, SERVICES, OR SKYDECK REPORTS IS LIMITED TO THE GREATER OF TWENTY DOLLARS ($20) OR AMOUNTS YOU HAVE PAID TO SKYDECK FOR ACCESS TO AND USE OF THE SITE, 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.
17. 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.
18. 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.
19. 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.
20. Entire Agreement
These Terms of Service are the entire and exclusive agreement between Skydeck and you regarding the Site, Content, Services, Your Data, and Skydeck Reports and these Terms of Service supersede and replace any prior agreements between Skydeck and you regarding the Site, Content, Services, Your Data, and Skydeck Reports.
If you have any questions about these Terms of Service, please contact Skydeck at legal@skydeck.com.