Terms of Use

Terms of Use and Terms of Service

Effective Date: 12/23/2024

Welcome to https://skypoint.ai (the “Site”), owned and operated by SkyPoint Cloud Inc. (“SkyPoint,” “we,” “us,” or “our”). These Terms of Use govern your access to and use of the Site, including all content, features, and services offered on or through the Site.

If you are a customer using the Skypoint AI Platform or any of SkyPoint’s SaaS or professional services, including forward-deployed engineering services, these Terms of Use incorporate the SkyPoint Master SaaS and Services Agreement (the “Master Agreement”). Your use of SkyPoint’s SaaS products and services is subject to the terms outlined in the Master Agreement, which is available upon request.

By accessing or using the Site or SkyPoint’s SaaS products and services, you agree to these Terms of Use and the Master Agreement. If you do not agree, you must not access or use the Site or services.

1. Use of the Site

1.1 Permitted Use

The Site is intended for lawful purposes related to learning about or engaging with SkyPoint’s software-as-a-service (SaaS) offerings, including the Skypoint AI Platform and related services. You may use the Site solely in accordance with these Terms of Use and any applicable laws and regulations.

1.2 Prohibited Activities

When using the Site, you agree not to:

Modify, distribute, or reverse-engineer any part of the Site or its content;
Attempt to gain unauthorized access to the Site, its systems, or user accounts;
Interfere with the Site’s functionality, including introducing malicious software or attempting to overload servers;
Use the Site for any unlawful or unauthorized purpose, including the infringement of intellectual property rights.

2. Terms of Service for SkyPoint SaaS Products and Services

If you have entered into a subscription or other agreement for SkyPoint’s SaaS products, including the Skypoint AI Platform and related services, the following additional terms apply:

2.1 Master Agreement

Your use of SkyPoint’s SaaS products and services is governed by the terms and conditions outlined in the Master Agreement, including:

Subscription Terms: Describing the duration, scope, and pricing of the SaaS subscription or services.
Customer Responsibilities: Ensuring the accuracy of the data provided, compliance with all applicable laws, and adherence to authorized use of the Platform.
SkyPoint Responsibilities: Delivering services as specified, ensuring reasonable uptime, and maintaining data security in accordance with HITRUST r2 and SOC 2 Type 2 certifications.

2.2 Intellectual Property and Licensing

2.3 Data Privacy and Compliance

2.4 Limitations of Liability

3. Intellectual Property Rights

3.1 Ownership

All content, features, and functionality of the Site, including but not limited to text, graphics, logos, icons, images, software, and any data collected, are the exclusive property of SkyPoint or its licensors. These are protected under copyright, trademark, and other applicable intellectual property laws.

3.2 Limited License

SkyPoint grants you a limited, non-exclusive, non-transferable license to access and use the Site for personal or business purposes strictly in accordance with these Terms of Use.

4. User Accounts

4.1 Account Responsibilities

If you create an account on the Site or with the Skypoint AI Platform, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify SkyPoint immediately of any unauthorized use of your account.

4.2 Account Termination

SkyPoint reserves the right to suspend or terminate your account and access to the Site or Platform at its sole discretion, including for violations of these Terms of Use, the Master Agreement, or any applicable laws.

5. Disclaimers

5.1 No Warranties

The Site, the Skypoint AI Platform, and related services are provided on an “as-is” and “as-available” basis. SkyPoint disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

5.2 Limitation of Liability

To the maximum extent permitted by law, SkyPoint shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Site, Platform, or services.

6. Privacy and Data Protection

Your use of the Site and services is subject to SkyPoint’s Privacy Policy, which explains how we collect, use, and protect your personal information.

7. Governing Law and Dispute Resolution

These Terms of Use and the Master Agreement are governed by the laws of the State of Oregon, without regard to its conflict of law principles.

Any disputes arising under these Terms of Use or the Master Agreement will be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, conducted in Portland, Oregon.

8. Modifications to the Terms or Services

SkyPoint reserves the right to modify these Terms of Use or the Master Agreement at any time. Any changes will be effective immediately upon posting. Continued use of the Site, Platform, or services constitutes your acceptance of the updated terms.

9. Contact Information

For questions or concerns regarding these Terms of Use or the Master Agreement, please contact us:

SkyPoint Cloud Inc.
500 SW 116th Ave, Suite 152, Beaverton, OR 97225
Email: support@skypoint.ai