Terms of Service

Introduction

Thank you for visiting skyp.ai, which is owned by Skyp LLC ("Skyp"). Please carefully read these Terms of Use and the Skyp Privacy Policy located at skyp.ai/privacy, which is incorporated into these Terms of Use by this reference. These Terms of Use apply to Skyp's services (the "Services") and the Skyp website located at www.skyp.ai (the "Site").

"You" means you in your individual capacity and the company or organization you represent. If you are entering into these Terms of Use on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into these Terms of Use on behalf of such company or organization.

The Site is the property of Skyp and its licensors. By using the Site, you agree to these Terms of Use, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms of Use, do not use the Site.

The Site is not intended for use by children under 18, and no such person is authorized to use it. By using the Site, you represent that you are at least 18 years old. You also represent that you are of legal age to enter into legal agreements, or if not, that you have obtained your parent's or legal guardian's consent to accept these Terms of Use.

Skyp reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. If we make material changes to these Terms, we will notify you by email (if you have provided one) or by posting a notice on the Site. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes indicates your agreement to and acceptance of the changes.

Subscriptions and Billing

Skyp offers subscription-based services that are processed through Stripe. By subscribing to our services, you authorize Skyp to charge your designated payment method on a recurring basis as specified at the time of purchase. All subscription fees are non-refundable, and cancellations will be effective at the end of the current billing cycle. Users will retain access to their subscription features until the end of the billing cycle. No partial refunds or credits will be provided for unused portions of a subscription period.

We reserve the right to monitor usage of the service to ensure it aligns with fair and reasonable use. If we determine that a user is exceeding fair and reasonable use, we may contact them to discuss appropriate adjustments or take further action, including suspending or terminating access to the service.

Use of Service and Responsibility for Content

You are solely responsible for the content of all emails sent via the Services and for ensuring compliance with all applicable laws, including without limitation laws governing privacy, marketing, communications, and anti-spam. Skyp does not review, approve, or take responsibility for user-generated content or email recipients.

AI-Generated Content

The Service may use machine learning or large language models (e.g., OpenAI or Anthropic APIs) to generate email content. Skyp does not guarantee the accuracy, completeness, or appropriateness of AI-generated outputs. You are responsible for reviewing and approving all content before sending.

Privacy and Data Security

Please refer to Skyp's Privacy Policy for information on how we collect, use, and disclose information from our users. The Privacy Policy is incorporated into these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them. Please do not send us any sensitive personal information.

Skyp uses third-party AI providers to generate content and for other purposes. As of the date of these Terms, OpenAI and Anthropic do not train their models on API inputs or outputs. Those services may change their policies at any time, and You agree that Skyp is not responsible and has no control over their data use or retention policies. To its knowledge, Skyp does not share your personal data for training purposes. If there is data you absolutely do not want shared with third party providers such as (without limitation) OpenAI or Anthropic, do not add it to Skyp.

Skyp retains email content and usage data as needed to operate the Service, monitor performance, improve performance, provide reporting, and comply with legal obligations. You may contact legal@skyp.ai to request deletion of your data, subject to any legal or operational requirements.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content contained on the Site is owned, controlled, or licensed by or to Skyp and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Skyp's express prior written consent.

User Submissions, Feedback and Information

You acknowledge and agree that any submission you provide to Skyp, including feedback, comments, or suggestions regarding the Site or Service (collectively, “Submissions”), is non-confidential and may be publicly shared by Skyp at its discretion. To the extent any Submission constitutes feedback, comments, or suggestions, you agree that such feedback is the sole and exclusive property of Skyp. You irrevocably assign to Skyp all right, title, and interest in and to that feedback and grant Skyp an unrestricted, irrevocable, worldwide, royalty-free right to use, reproduce, publish, display, and exploit such Submissions for any purpose.

This section does not apply to customer-owned data or information you input into the Skyp platform to generate emails or perform outreach (e.g., your ICP, product descriptions, domains, or contact lists). You retain all ownership rights in such customer content. By submitting it to Skyp, you grant Skyp a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, and process it solely to provide and improve the Services in accordance with our Privacy Policy.

Prohibited Uses

You agree not to use the Site or Services to (a) send unlawful, defamatory, harassing, or deceptive content; (b) violate any applicable laws or regulations; (c) attempt unauthorized access to systems or networks; (d) interfere with the functioning of the Service or Site; or (e) send spam or bulk unsolicited communications outside of reasonable sales outreach. All email communications must comply with the CAN-SPAM Act and other applicable anti-spam laws. Skyp reserves the right to suspend or terminate your access to the Site or Services without notice or refund if you engage in any prohibited use or otherwise violate these Terms of Service.

Security

While Skyp implements industry-standard security practices, no system is completely secure. Users assume the risk of security breaches and all consequences resulting from them.

Links to Other Sites

The Site and Service may contain links to third-party websites. These are provided for convenience only, and Skyp is not responsible for their content or practices. The inclusion of such links does not imply any endorsement or affiliation with the third-party entities.

Disclaimer; Limitation of Liability

THE SITE AND SERVICES ARE PROVIDED BY SKYP ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKYP DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SKYP DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKYP, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKYP’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO SKYP IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) $100.

Indemnity

You agree to indemnify and hold Skyp harmless from any claims, losses, liabilities, damages, costs, and expenses arising from your use of the Site or Service, violation of these Terms of Use, or infringement of third-party rights.

Governing Law; Dispute Resolution

These Terms of Service are governed by the laws of the State of California. Any disputes shall be resolved through binding arbitration in Alameda County, California, following the rules of the American Arbitration Association. You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing legal@skyp.ai. Class actions are not permitted.

Users Outside of the United States

If you access the Site or Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

Domain Registration

If Skyp registers a domain name on your behalf as part of the Services, you remain the registrant and legal owner of the domain, unless otherwise agreed in writing. You are solely responsible for the accuracy of registration data and for complying with the applicable terms of the domain registrar. Upon termination of your account, and provided your account is in good standing at the time of termination, Skyp will provide reasonable assistance in transferring control of the domain, including access credentials or registrar changes, within 10 business days. Skyp disclaims any liability related to domain registration, renewal, or management unless expressly agreed otherwise.

Miscellaneous

You may preserve these Terms of Use in written form by printing it for your records, and you waive any other requirement that these Terms of Use be evidenced by a written document. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms of Use are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms of Use, together with the Privacy Policy and any other legal notices published by Skyp, constitute the entire agreement between you and Skyp with regard to your use of the Site. Skyp's failure to insist on or enforce strict performance of these Terms of Use shall not be deemed a waiver by Skyp of any provision or any right it has to enforce these Terms of Use. Any such waiver must be in writing in order to be effective. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Canada

The parties declare that they have required that these Terms of Use and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu'elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

Please contact us if you have any questions about our Terms of Use. Our mailing address is 2261 Market Street STE 85950 San Francisco, CA 94114, United States of America. You may contact us by sending correspondence to the foregoing address or by emailing us at legal@skyp.ai.