Terms of Use
Last updated: April 2, 2025
Welcome to Skybitra ("Skybitra", "Company", "we", "our", or "us"). These Terms of Use ("Terms") govern your
access to and use of our website located at www.Skybitra.com (the "Site") and any related
content, features, or services (collectively, the "Services"), including our cloud computing and DevOps
platform.
By accessing or using our Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use our Site or Services.
1. Eligibility
You must be at least the age of majority in your jurisdiction (and in any case at least 18 years old) and, where you act on behalf of a business, have the authority to bind that business, to use the Services. By using the Site or Services, you represent and warrant that you meet these requirements.
2. Use of the Site and Services
You agree to use the Site and Services only for lawful purposes and in accordance with these Terms and any applicable agreements. You may not:
- Use the Services in any way that violates applicable laws or regulations (including data protection, IP, export control, and security laws);
- Attempt to gain unauthorized access to any portion of the Site, Services, accounts, systems, or networks;
- Interfere with or disrupt the integrity or performance of the Services or the workloads running on them;
- Use any automated systems (such as bots, crawlers, or scrapers) to access the Services in a manner that imposes an unreasonable load on our infrastructure, except as expressly permitted under a written agreement;
- Upload, transmit, or otherwise make available any malicious code or harmful materials;
- Use the Services to host, transmit, or process unlawful, infringing, or harmful content, or to conduct activities such as spamming, DDoS attacks, or unauthorized penetration testing.
We may suspend or terminate your access to the Site or Services if we believe you have violated these Terms or pose a risk to our systems, other users, or third parties.
3. Customer Workloads and Data
If you deploy Customer Workloads or store Customer Cloud Data using the Services:
- You retain all rights to your workloads and data, subject to the licenses and permissions you grant to us under any applicable agreement;
- You are responsible for ensuring that your workloads and data comply with applicable laws, regulations, and third‑party rights;
- You are responsible for configuring and managing access controls, security policies, and backups appropriate to your risk profile.
We process Customer Cloud Data in accordance with our Privacy Policy and any applicable data processing agreements. We may use aggregated or de‑identified information derived from platform usage to improve and optimize our Services.
4. Service Availability and Changes
We aim to provide reliable Services, but:
- We do not guarantee that the Services will be available at all times or free from interruptions or errors;
- We may perform maintenance, upgrades, or other changes that may temporarily affect availability, and we will endeavor to schedule such work to minimize disruption;
- We may modify, suspend, or discontinue certain features or components of the Services, subject to our contractual commitments, and will provide notice where reasonably practicable.
Any service level commitments or credits will be set out in separate service level agreements (SLAs) or contracts, if applicable.
5. Intellectual Property
All content and technology underlying the Site and Services (excluding Customer Workloads and Customer Cloud Data), including software, documentation, designs, and trademarks (collectively, "Skybitra Materials"), are owned by or licensed to Skybitra and protected by intellectual property laws.
Subject to your compliance with these Terms and any separate agreements, we grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Site and, where applicable, the Services for your internal business purposes.
You may not:
- Copy, modify, distribute, or create derivative works based on Skybitra Materials, except as expressly permitted in a written agreement;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying structure of our software, except to the extent permitted by law and only after providing us with prior written notice;
- Remove or alter any proprietary notices or branding.
6. Third‑Party Services and Integrations
The Services may integrate with or rely on third‑party services, tools, or data sources (for example, cloud providers, monitoring tools, or identity providers). Your use of those third‑party offerings is subject to their own terms and policies. We are not responsible for:
- The availability, performance, or security of third‑party services;
- The accuracy, completeness, or legality of third‑party data or content.
We do not grant you any rights or licenses to third‑party software or data beyond what is expressly provided by those third parties.
7. Disclaimers
The Site, Services, and all related content and outputs are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all warranties, including:
- Warranties of merchantability, fitness for a particular purpose, and non‑infringement;
- Warranties that the Services will be uninterrupted, error‑free, secure, or suitable for any particular workload;
- Warranties regarding the accuracy, completeness, or reliability of any outputs, metrics, or analytics.
You acknowledge that distributed systems and cloud infrastructure may experience outages, delays, or inherent limitations.
8. Limitation of Liability
To the fullest extent permitted by law, Skybitra, its affiliates, and their respective directors, officers, employees, and agents shall not be liable for:
- Any indirect, incidental, consequential, special, punitive, or exemplary damages; or
- Any loss of profits, revenue, business, goodwill, or data,
arising out of or in connection with your use of or inability to use the Site or Services, even if we have been advised of the possibility of such damages.
Our aggregate liability arising out of or relating to these Terms or your use of the Site or Services shall not exceed the greater of (a) the amounts you paid to us for the Services giving rise to the claim during the twelve (12) months prior to the event giving rise to the claim, or (b) one hundred (100) U.S. dollars, unless applicable law requires a different minimum amount.
9. Indemnification
You agree to indemnify, defend, and hold harmless Skybitra, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your violation of these Terms;
- Your misuse of the Site or Services;
- Your violation of applicable law or the rights of any third party.
10. Governing Law and Jurisdiction
These Terms and your use of the Site and Services are governed by and construed in accordance with the laws of the jurisdiction in which Skybitra is organized or primarily operates, without regard to conflict of law principles.
To the extent permitted by law, you agree that any disputes arising out of or relating to these Terms or the Site or Services shall be subject to the exclusive jurisdiction of the courts located in that jurisdiction. We may seek injunctive or other equitable relief in any competent court.
11. Changes to the Terms
We may update these Terms from time to time. Any changes will be effective when posted on this page, and the updated "Last Updated" date will be indicated above. Your continued use of the Site or Services after the changes are posted constitutes your acceptance of the revised Terms.
12. Contact Us
If you have any questions about these Terms or the Site or Services, please contact:
Skybitra
167 Madison Avenue
Suite 205
New York, NY 10016
United States
Phone: (980) 489-1242
Email: contact@skybitra.com