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.
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.
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.
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.
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.
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.