Terms of Service:
The following terms and conditions govern all use of the Skystack.com website and all content, services and products available at or through the website, including, but not limited to, the Skystack.com website our Cloud Managment Portal at my.skystack.com, (taken together, the Website). The Website is owned and operated by Skystack, Ltd. (“Skystack”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Skystack's Privacy Policy) and procedures that may be published from time to time on this Site by Skystack (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Skystack, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your my.skystack.com Account. It is your responsibility to ensure access to your Skystack account is secured with adequate passwords, backed up by procedures to monitor the accounts you delegate to employees and any 3rd parties.
2. Skystack will not carry out any automated actions without your permission, our portal provides a method of managing automatic actions with your consent.
3. Skystack is not liable to any damages in connection with security breaches on any servers in any cloud service provider.
4. Fees and Payment.
* Fees Payment. Applicable fees will be invoiced starting from the day your Skystack Services are established and in advance of using such services. Skystack reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Skystack Services can be canceled by you at anytime on 30 days written notice to Skystack.
* Support. Skystack Services include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Skystack to respond within one business day) concerning the use of the Skystack service. “Priority” means that support for Skystack services customers takes priority over support for users of the standard, Skystack service. All Skystack services support will be provided in accordance with Skystack standard services practices, procedures and policies.
6. Intellectual Property. This Agreement does not transfer from Skystack to you any Skystack or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Skystack. Skystack, "Stack device", Skystack.com, the Skystack.com logo, and all other trademarks, service marks, graphics and logos used in connection with Skystack.com, or the Website are trademarks or registered trademarks of Skystack Ltd or Skystack's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Skystack or third-party trademarks.
7. Changes. Skystack reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Skystack may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. Skystack may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Skystack.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Priority Services account, such account can only be terminated by Skystack if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Skystack's notice to you thereof; provided that, Skystack can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. The Website is provided “as is”. Skystack and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Skystack nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability. In no event will Skystack, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Skystack under this agreement during the twelve (12) month period prior to the cause of action. Skystack shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Skystack Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
12. Indemnification. You agree to indemnify and hold harmless Skystack, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
13. Miscellaneous. This Agreement constitutes the entire agreement between Skystack and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Skystack, or by the posting by Skystack of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the United Kingdom. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Skystack may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Change log: