Terms of Service
Updated: April 3, 2024
This Terms of Service Agreement ("Agreement") is entered into between 3Gen Internet Corporation ("Company", “Skej”, “us” and “our”) and the users ("User" or "you") of Skej.
1. Acceptance of Terms
By accessing or using our Site or the Services (as defined herein), you acknowledge that you have read, understood, and agree to be bound by the terms and conditions set forth in this Agreement. Read these terms carefully, as your use of Skej indicates to us that you have both read and agree to all terms. If you do not agree to these terms, do not use Skej.
If you are using the Services, in whole or in part, on behalf of any business, organization or other third party, then you hereby represent and warrant that (a) you have the full right, power and authority to enter into this Agreement (“Authorized User”).
2. Description of the Services
Skej is an AI assistant that helps you coordinate and schedule meetings with other people. Skej can be added to emails, messages, or other means of communication in order to find mutual availability between you and another person or persons. These terms govern your use of the Services, including, but not limited to, the process in which your Invitees (as defined herein) may communicate directly with Skej to book time on your calendar.
3. Definitions. This is a list of some commonly used terms throughout the Agreement and their meaning.
“Invitee” is any person who a User initiates a meeting with, but is not a registered User of Skej.
“Services” means any and all of the services we provide, including, but not limited to, scheduling services, account management, customer support, analytics, etc.
“Site” means any website, email, text, graphics, videos, and photographs that we make available to you through any of our website properties, apps, plug-ins, or APIs. “User” means any registered user of Skej.
4. Account Setup and User Registration
In order to use Skej and access the Services, we require that you register on the Site and have a unique username and password combination ("User Credentials") or create an account using one of our built in integrations (such as Google or Microsoft) and provide certain additional information, which may include, without limitation, your email address, name, company name, date of birth, country of residence, zip code, physical address, telephone number(s), applicable payment data and related information (collectively, a "User Account"). You represent and warrant that all registration and account information you submit is truthful and accurate and you shall maintain and update the accuracy of such information.
You are responsible for maintaining the confidentiality of your User Credentials, and you shall be responsible and liable for any access to or use of the Services by you or any person or entity using your User Credentials, whether or not such access or use has been authorized by you, and whether or not such person or entity is your employee or agent. You agree to immediately notify us of any unauthorized use of your User Credentials, or any other breach of security. It is your sole responsibility to (a) control the dissemination and use of your User Credentials and User Account, (b) update, maintain and control access to your User Credentials and User Account, and (c) cancel your User Account on the Services. We reserve the right to deny access, use and registration privileges to any user of the Services for any reason, including, without limitation, if we believe there is a question about the identity of the person trying to access any account or element of the Services. Company shall not be responsible or liable for any loss or damage arising from your failure to comply with this.
5. Data Privacy, Security & EU Users
a. Privacy Policy: By using the Services, you agree that you have reviewed our Privacy Policy (skej.com/privacy) and confirm that you understand and agree to the collection and use of personal and/or other Information collected by Skej as outlined in the terms.
b. Data Security: Skej takes all measures to protect your personal and sensitive data. In the case of any data breaches, or other issue, we will immediately notify you regarding your account.
c. If you are located in the European Economic Area, Switzerland, or the United Kingdom, the Data Processing Addendum applies and sets forth additional terms of the agreement related to the processing of personal data.
6. Pricing and Subscriptions
a. Free Subscription: You have the option to use Skej for free, as described on our pricing page. You do not need to enter your credit card information in order to access and use Skej, but you need to create a User Account with us. You can remain on the Skej free subscription as long as you would like, but the Services may be more limited than paid subscriptions. You may only create a single free account, and Skej reserves the right to terminate duplicate or multiple free accounts.
b. Paid Subscriptions: To access all features of Skej, a paid subscription is required which can be purchased for a monthly or annual fee as described on our pricing page. Users are responsible for paying the applicable fees for their chosen subscription plan in order to continue to access the Services.
7. Subscription Term and Renewal
a. Subscription Term: Paid subscriptions may be purchased on a monthly or annual basis, and the term starts upon your initial payment and continues until canceled by you or us.
b. Automatic Renewal: Unless you cancel your subscription prior to the end of the current term, all paid subscriptions will automatically renew for subsequent terms of the same duration.
8. Payment and Refunds
a. Payment Authorization: By subscribing and providing your payment information, you authorize the Company to charge the applicable recurring fees for your chosen subscription plan, as detailed in our pricing page, including any applicable taxes and additional fees.
b. No Refunds: Except as otherwise stated in this Agreement, no refunds or credits will be granted.
9. Cancellation
a. Cancellation by User: Monthly and annual subscription Users may cancel their subscription at any time, and their subscription will be canceled at the end of the then current term.
b. Cancellation by the Company: The Company reserves the right to terminate or suspend a User's subscription in the event of a violation of this Agreement, such as non-payment, or for any other reason deemed necessary.
10. Changes to Pricing, Features, and Payment Terms
The Company may modify the pricing, available features, or payment terms for the Services at any time. Such changes will be communicated to you in advance, and your continued use of the Services after the price change constitutes acceptance of the terms.
11. Notices and Messages By using the Services, you consent to receive emails from Skej, including notifications about fees, charges, and transactional information. If you schedule a meeting as an Invitee, you consent to receive transactional emails and other messaging notifications related to the scheduled meeting. Electronic communication from Skej satisfies legal requirements, and it's your responsibility to keep your contact information up to date.
12. Prohibited Conduct
Users agree not to:
- violate any terms of this agreement, any applicable laws, regulations, or third-party rights.
- interfere with or disrupt the Services or its associated systems.
- attempt to gain unauthorized access to any part of the Services.
- copy, modify, distribute, reverse engineers, or attempts to derive the source code of the Services.
- spam, harm, or harass anyone, regardless of whether they are a User or not.
- send abusive or hateful messages to Skej or any other Users.
- resell, broker, or create a competing service to any third-party.
- datamine, or use any robots to gather data or information using the Services.
- send any viruses, worms, malware, or malicious data, to Skej or any Invitee.
- use bots, automated scripts, or any other form of automation to excessively or inappropriately access, utilize, or interact with the Services.
13. Licenses; Intellectual Property
a. Ownership: The Company retains all rights, title, and interest in and to the Services, including all intellectual property rights such as trademarks, copyrights. This Agreement does not grant the User any ownership rights to the Services.
b. License: The Company grants the User a limited, non-exclusive, non-transferable license to use the Services for personal or internal business purposes, subject to the terms and conditions of this Agreement.
14. Third Party Links
Third-party services and links. The Services may incorporate or provide links to third-party websites, applications, or services ("Third-Party Services"). The Company does not control or endorse any Third-Party Services, and your use of such services is at your own risk. You acknowledge and agree that the Company shall not be responsible or liable for any content, features, products, or services provided by third parties. Your interactions with third parties, including the use of their services or participation in their promotions, are solely between you and the third party. The Company encourages you to review the terms of service and privacy policies of any third-party services you access or use.
15. Disclaimers and Limitations of Liability
a. Warranty Disclaimer:
i. THE PRODUCT/SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT.
ii. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET THE USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
b. Limitation of Liability:
i. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ii. THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE PRODUCT/SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY THE USER TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. 16. Dispute Resolution and Arbitration; Class Action Waiver:
If any disputes arise between you and Skej, we agree that these disputes will be resolved through a process called arbitration instead of going to court. Before initiating arbitration, we ask that you first allow Skej the opportunity to address and resolve the dispute. The arbitration proceedings will be conducted by JAMS (Judicial Arbitration and Mediation Services, Inc.), a neutral arbitration provider, and will involve a single arbitrator who will review the case. It's important to understand that this arbitration will focus on individual disputes and will not involve group or class action procedures. This means that the arbitration process will be limited to resolving issues on an individual basis, and the option to participate in class action lawsuits related to the dispute is waived. 17. Indemnification
a. User's Indemnification Obligations:
i. The User agrees to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), and penalties arising out of or related to:
- Any breach or violation of this Agreement by the User.
- The User's use of the Services.
- Any content or materials submitted, posted, transmitted, or made available by the User through the Services.
- Any violation of applicable laws or regulations by the User.
ii. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. The User agrees to cooperate with the Company's defense of such claims.
18. Age Restrictions
Users must be at least 18 years old to register for an account and agree to be responsible for ensuring compliance with age restrictions for both Users and Invitees.
19. Assignment
The Company may, at its discretion, assign this Agreement, in whole or in part, to any third party in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, and the User hereby consents to such assignment. The User shall not assign, transfer, or delegate any of its rights or obligations under this Agreement without the prior written consent of the Company. Any attempted assignment, transfer, or delegation without such consent shall be null and void. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
20. Modifications
We reserve the right to modify, suspend, or terminate this Agreement at any time at our sole discretion. We will notice you of any material changes to these terms via email. Once we notify you of any changes, those changes will become effective immediately and your continued use of the Services will signify your acceptance of the modified terms and any changes.
21. Force Majeure
Force Majeure. The Company shall not be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, governmental actions, war, terrorism, natural disasters, fires, floods, or strikes ("Force Majeure Event"). In the event of a Force Majeure Event, the Company shall be excused from any performance obligations affected by the Force Majeure Event, and such non-performance shall not be considered a breach of this Agreement.
22. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws principles. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located within the State of New York, and the parties hereby consent to the personal jurisdiction of such courts.
23. Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement, which shall continue in full force and effect.
24. Entire Agreement
This Agreement constitutes the entire agreement between you and Skej regarding the subject matter herein and supersedes all prior or contemporaneous communications and proposals.
