Terms & Conditions

Version [ __ ], effective as of [ __ ]

IMPORTANT! READ CAREFULLY:

This Agreement includes the terms and conditions that manage your access to and use of our fractional CXO services (“You”, “Your”, “Yourself”) and is an agreement between you or the legal entity you represent (“User” as defined below). You represent to the company that you are lawfully eligible to enter into contracts and are at least 18 years old. If you enter into this Agreement for an entity, such as the company you work for, you show us that you have legal authority to bind that entity. By utilizing Our Service, you agree to adhere to these Terms and acknowledge having reviewed the privacy policy available on our website. You and Us will be individually referred to as Party and collectively as Parties. Please look into the “Definitions” section for definitions of a few terms used in this Agreement.

1. Definitions

In these Terms & Conditions, the following terms have the following meanings:

Documentation Refers to the online documentation for Services available on our website, as updated occasionally.
We," "Us," "Our" Refers to our organization, “SkyWizdom”.
Site refers to our website [ __ ]
Service Refers to access to fractional CXO services managed by us and provided to the User by the company via the Internet.
User Refers to the individual, organization, or other legal entity mentioned in the Subscription Confirmation, exercising rights under this Agreement and adhering to all of the terms of this Agreement.
User’s Data Depicts all electronic data or information shared by User via the Service and collected by us.

2. User’s Responsibilities


    User agrees to: 

  • Register on our Site for the use of Services provided by us. The User will share with us a name for the User’s identification, a valid email address, and other relevant information required by the registration form on the Site to enable us to create the User’s account.
  • Obtain an Internet connection, any other equipment mandatory for the Internet connection, and any third-party software required for using the Service.
  • Use the Service in adherence with the Documentation.
  • Not modify, change, tamper with, improve, or otherwise create derivative works of the Service.
  • Not use the Service in a way meant to avoid incurring fees or increasing the limitations mentioned in the Subscription Confirmation limits.
  • Not attempt to gain unauthorized access to the Service.
  • Ensure Users do not violate any of these terms.


    User will be responsible for:

  • Users’ adherence to this Agreement.
  • The legality of the User’s Data and how the User received the User’s Data.
  • Adherence to applicable laws and government regulations.
  • Configuring and utilizing the Service.
  • The confidentiality of the User’s Data, passwords, and user names, and their use by Users.
  • User’s Data backup.


3. Fair Use Policy

The Fair Use Policy applies to our services. It is intended solely for use by the User for their official use, not for any other/irrelevant purposes. Our policy is instrumental in maintaining responsible utilization of our services.

 

4. Free Trial

Subject to the terms of this Agreement, the User is allowed the right to use the Service for evaluation purposes free of charge for a period mentioned in the Subscription Confirmation.

WE DO NOT GUARANTEE THAT ANY USER’S DATA SHARED BY THE USER DURING THE TRIAL PERIOD WILL BE COLLECTED OR AVAILABLE UPON EXPIRATION OF THE TRIAL PERIOD UNLESS THE USER GETS AN APPROPRIATE PAID SUBSCRIPTION.

 

5. Fees and Payments

  1. Fees for using the Service shall be as outlined on our Site unless consented otherwise between the parties in writing.
  2. All amounts payable to us will be paid by the User without set-off or counterclaim, and any deduction or withholding. Any levies, duties, and/or taxes enforced by the User’s jurisdiction will be borne solely by the User.
  3. We may charge User interest at the rate of 1.5% per month (or the highest rate allowed by law, if less) on all late payments.

 

6. Ownership

We reserve the ownership of all proprietary rights to the Service and associated trade names, trademarks, and service marks. User’s rights acquired about the Service are limited to those necessary to enable User and its Users to effectively use the Service.
– We do not hold any rights to the User’s Data transmitted, gathered, or created by the User via the Service. User holds ownership of all proprietary rights to User’s Data.
– User permits us a royalty-free, worldwide, irrevocable, sub-licensable, transferable, perpetual license to use and include in the Service any suggestions, enhancement requests, recommendations, or other feedback or inputs given by User and its Users.

 

7. Indemnification

User will defend, reimburse, and hold us harmless, our affiliates, and each of our respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or associated with any third-party claim concerning:
User’s or any User’s use of the Service;
The breach of this Agreement or violation of applicable law by User or any User;
User’s Data or the combination of User’s Data with other applications, content, or processes;
A dispute between the User and any User.

 

8. Disclaimer

THE SERVICE IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING THE SERVICE, INCLUDING ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

9. Limitations of Liability

WE WILL NOT BE RESPONSIBLE TO THE User FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT THAT THE User PAID TO US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

 

10. Temporary Suspension

We may terminate User’s right to use the Service immediately upon notice to User if:
User’s or User’s use of the Service may adversely affect or pose a security or legal risk to us, the Service, or any third party;
User does not adhere to the payment obligations under Section 7 of this Agreement;
User has ceased to operate in the ordinary course of business or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding;
User is using the Service in violation of this Agreement.

 

11. Term and Termination

This Agreement takes effect when the User clicks an “I Accept” button or checkbox presented with these terms and shall continue until terminated by either party as provided herein.
Either party may terminate this Agreement for cause if the other party becomes the subject of a petition in bankruptcy or any other proceeding associated with insolvency, receivership, liquidation, or assignment for the benefit of creditors.
Termination for any reason shall not relieve the User of the responsibility to pay any fees payable under this Agreement for the Subscription.

 

12. Notices

We may provide any notice to the User under this Agreement by posting such notice on the Site or sending a message to the User’s email address. Notices that the company provides by posting on the Site will be effective upon posting and notices the company provides by email will be effective when We send the email message. It is the User’s responsibility to keep their email addresses updated.

To give us any notice under this Agreement, the User shall contact us either by phone numbers mentioned on the website or email at [ __ ], or by personal delivery, overnight courier, or registered or certified mail to the company as specified in this Agreement. The company may update the phone number, address, or email for notices to the company by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices shared by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Email notices will be effective the next business day after they are sent.

 

13. Miscellaneous

This Agreement incorporates the complete understanding between the parties and supersedes all previous agreements, negotiations, and discussions between them concerning its subject matter.
Neither party may assign or transfer this Agreement without the other party’s written consent, except in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the surviving entity has agreed to be bound by these terms.
No failure or delay by either party in exercising any right under this Agreement shall be deemed a waiver of that right.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU CANNOT USE OUR SERVICES. Also, for any questions regarding our Terms of Service, please contact us at [ ___ ].