Terms and Conditions

Last updated: July 17, 2026

These Terms and Conditions (“Terms”) govern your access to and use of Skybits.ai and related services provided by Skywood AI, Inc. ("Skywood," "we," or "us"). By creating an account, clicking “I Accept,” or using the Service, you agree to these Terms. The Service is currently offered as a Beta release and is a Preview Feature under Section 15(g).

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING "I ACCEPT" OR BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, THE SKYWOOD PRIVACY POLICY; (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE); AND (C) IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO BIND SUCH COMPANY OR ORGANIZATION. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.

THESE TERMS MAY REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH SECTION 28 (DISPUTE RESOLUTION) BELOW.

SKYWOOD MAY REFUSE ACCESS TO OR USE OF THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS. THESE TERMS ARE VOID WHERE PROHIBITED BY LAW.

1. The Service

This section describes what the Service is.

Skywood operates Skybits.ai, a collaborative document-editing platform available at www.skybits.ai, including related subdomains, websites, and applications (the "Site") and all features, tools, APIs, AI features, and services on or available through it (together, the "Service"). The Service lets you create, edit, organize, share, and collaborate on documents. The Service may also include Skywood-operated AI features or assistants, including a Skybits AI Agent, that can help summarize, analyze, draft, edit, suggest changes to, organize, or otherwise process documents and related content at your direction. The Service also lets you connect your own AI assistants and automation tools (each, a "Connected Agent") - for example through a Model Context Protocol (MCP) connector or skill - to work on your documents on your behalf.

2. Applicability

This section explains who these Terms apply to.

In these Terms, "you" or "Subscriber" means the person or entity that agrees to these Terms. This includes:

individuals or companies that use the Service under a free, trial, or freemium plan; and
individuals or companies that buy or receive the Service on a paid subscription or business plan.

3. Changes to the Terms

This section explains how we may change these Terms.

Skywood may modify these Terms at any time, in whole or in part, in its sole discretion. Changes take effect when posted to the Service, unless the updated Terms say otherwise.

Your continued use of the Service after changes are posted means you accept them. Please review these Terms and the Privacy Policy regularly. For material changes, we will give 30 days' email notice, and Subscribers may reject a material change by cancelling before it takes effect.

4. Access to the Service

This section covers your right to access the Service.

Subject to your compliance with these Terms, Skywood will provide access to the Service during your subscription term, if you are a Subscriber. Your access is subject to the limits set out in these Terms, your plan, any order form, the user documentation, and in-product notices.

Skywood may suspend or terminate your access at any time and for any reason, including if it determines you have violated these Terms. We may also modify, discontinue, or replace the Service, or any part of it, at any time and without prior notice.

5. User Accounts

This section covers your account and your responsibility for it.

You may need to create one or more profiles and accounts (each, a "User Account") to use the Service. You must give true, accurate, current, and complete information and keep it up to date. You are responsible for:

keeping your account information current;
protecting your user IDs, passwords, access tokens, API keys, and other credentials;
all activity under your User Account, regardless of who or what carries it out; and
promptly notifying Skywood of any actual or suspected unauthorized access.

You may not share your credentials or let others use your User Account, except as allowed by your plan or workspace settings. You will cooperate with Skywood on reasonable steps to protect the security of the Service. Skywood is not liable for any loss arising from your failure to meet these requirements.

6. Workspace and Administrator Rights

This section applies if you use the Service through an organization's workspace.

Where the Service is provided through a team, organization, or enterprise workspace, the organization that owns or administers it (the "Workspace Owner") controls that workspace and its User Accounts and documents. The Workspace Owner and its administrators may, to the extent the workspace settings and applicable law allow:

access, monitor, manage, restrict, reassign, or delete User Accounts, documents, and User Data in the workspace;
manage sharing, roles, and Connected Agent permissions; and
add or remove members.

Between Skywood and the Workspace Owner, the Workspace Owner is responsible for its members' use of the Service and for the lawfulness of its instructions. Skywood is not responsible for resolving disputes between a Workspace Owner and its members.

7. Restrictions

This section lists what you may not do with the Service.

You may use the Service only for your personal or internal business purposes, following the user documentation and all applicable laws. You may not:

copy, modify, reverse engineer, decompile, or create derivative works from the Service, except where applicable law does not allow that restriction;
give third parties access to the Service, or use it for a third party's benefit, except through the Service's collaboration, sharing, or team features;
sell, resell, rent, or lease the Service;
remove any proprietary or copyright notices;
bypass, disable, or tamper with any security measure, or use any workaround for it;
access the Service through any bot, scraper, or non-human user, except through APIs, integrations, or Connected Agent access that Skywood permits;
use the Service for any unlawful purpose, or to benchmark or monitor its availability, performance, or functionality for competitive purposes;
try to gain unauthorized access to the Service or related systems;
use the Service to build a competing product, or copy its features or design;
overload or interfere with the Service;
upload or transmit viruses or malicious code; or
take any action that violates applicable law, these Terms, or your obligations to third parties.

8. AI Features, Connected Agents, and Automated Access

This section explains your responsibility for AI features, Connected Agents, and automated access you use with the Service.

The Service may include Skywood-operated AI features or assistants, including a Skybits AI Agent ("Skybits AI Features"). Skybits AI Features may process User Data and other information you provide or make available to the Service in order to generate summaries, drafts, edits, suggestions, classifications, tags, comments, explanations, analyses, or other output. Skybits AI Features may be powered by third-party AI model providers or infrastructure providers that process data on Skywood's behalf as described in the Privacy Policy and any applicable Data Processing Addendum.

You may also connect Connected Agents to the Service through the Model Context Protocol, skills, API keys, or similar methods. A Connected Agent acts under your User Account, using your credentials and the permissions you give it. You are responsible for:

selecting, authorizing, configuring, and supervising each Connected Agent;
the prompts, instructions, permissions, files, documents, context, and other data you provide to Skybits AI Features or Connected Agents;
everything a Connected Agent does under your User Account - including reading, creating, editing, sharing, tagging, importing, exporting, trashing, or deleting documents, accepting or rejecting suggestions, and any content it produces; and
reviewing AI-generated or agent-generated actions and output before relying on, sharing, publishing, exporting, or using them.

You are also responsible for any data a Connected Agent adds from its own context or other sources, and for making sure neither your instructions nor any Connected Agent adds content you are not authorized to use, including a third party's confidential or proprietary information.

Connected Agents are Third Party Services (see Section 19). Skywood may apply technical limits, scopes, permission controls, safety controls, logging, review workflows, and usage limits to Skybits AI Features and Connected Agents, and may suspend, restrict, or revoke AI or agent access at any time.

9. User Data

This section covers the content you put into or make available through the Service: what you can upload, what is restricted, who owns it, how Skywood may process it, including through AI features, and how it is stored.

a. Provision of User Data

You - or a Skybits AI Feature or Connected Agent acting at your direction or under your account - may add, access, process, or generate information, documents, files, text, images, comments, prompts, instructions, and other content in the Service ("User Data"). Between you and Skywood, you are responsible for all User Data, including its accuracy, legality, and appropriateness, and including User Data a Skybits AI Feature or Connected Agent processes or adds for you. You must not add any User Data that:

infringes a third party's intellectual property, privacy, or other rights;
violates any applicable law; or
contains malware, viruses, or other harmful code.

The Service is a general-purpose document tool and is not set up to meet the special obligations that attach to certain regulated data unless Skywood agrees otherwise in writing (for example, under a Data Processing Addendum or enterprise terms). You must not add the following ("Prohibited Content") unless Skywood permits it in writing:

protected health information under HIPAA;
cardholder or payment-card data under the PCI DSS;
nonpublic personal financial information under the Gramm-Leach-Bliley Act;
government identifiers (such as Social Security, passport, or driver's-licence numbers), financial-account credentials, or biometric identifiers;
special categories of personal data under Article 9 of the GDPR (such as health, racial or ethnic origin, or genetic or biometric data); and
any other data whose processing imposes specific security, certification, or breach-notification obligations on Skywood.

Ordinary personal data that documents may contain - such as collaborators' names and email addresses - is not Prohibited Content; Skywood processes it as described in the Privacy Policy and any Data Processing Addendum. You are responsible for reviewing your User Data and confirming that it contains no Prohibited Content except as Skywood permits in writing. Skywood is not responsible for your User Data.

b. User-Generated Content and AI Output

The Service lets you create, edit, and generate content from User Data, including with the help of Skybits AI Features or Connected Agents ("User-Generated Content"). Between you and Skywood, you are responsible for how you process User Data, for any User-Generated Content, and for any use of or reliance on it.

Skywood does not warrant the accuracy, quality, legality, or reliability of User Data, User-Generated Content, or AI-generated output. Any User-Generated Content depends on your User Data, prompts, instructions, settings, and, where applicable, Skybits AI Features, Connected Agents, and third-party AI model providers or other Third Party Services. AI-generated output may be inaccurate, incomplete, misleading, offensive, biased, unsafe, or unsuitable for your intended use. Skywood is not obligated to monitor or review User-Generated Content, and does not warrant that it will be:

accurate, appropriate, lawful, or free from harmful or biased content;
unique to you or different from content generated for other users; or
copyrightable or owned by you.

You are responsible for reviewing and deciding whether any User-Generated Content or AI-generated output is legal, appropriate, accurate, and suitable for your use.

c. Data License and AI Model Training

To run the Service, you grant Skywood a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, analyze, and generate output from your User Data and User-Generated Content. Skywood uses this license only to provide, secure, maintain, troubleshoot, and improve the Service, to provide Skybits AI Features, to comply with law, and as described in these Terms and the Privacy Policy.

Where you use Skybits AI Features, Skywood and its service providers may process your User Data, prompts, instructions, context, and User-Generated Content to provide the requested AI feature or output. Skywood does not sell or share your User Data or User-Generated Content with marketing platforms, ad networks, or data brokers, and does not use it for third-party advertising.

Skywood does not use your User Data or User-Generated Content to train AI models except as expressly described in the Privacy Policy or a separate written agreement. Third-party AI model providers used by Skywood to provide Skybits AI Features process data on Skywood's behalf as described in the Privacy Policy and any applicable Data Processing Addendum.

d. Data Storage and Retention

Skywood may offer version history, Trash, restore, and limited backups. Any retention periods for these are described in the Privacy Policy and product documentation. These features are best-effort, may change, and do not replace your own backups.

Between you and Skywood, you are responsible for backing up your User Data. Except as stated in the Privacy Policy, an order form, or a separate written agreement, Skywood does not warrant that User Data will not be lost or corrupted and - subject to those commitments and to any liability that cannot be excluded by law - is not liable for loss of or damage to User Data.

10. No Professional Advice

This section explains that the Service does not give professional advice.

The Service and any output - including AI-generated output, summaries, suggestions, edits, contract reviews, citations, or analysis - are for general information and productivity only. They are not legal, financial, tax, accounting, medical, or other professional advice.

Do not rely on the Service, Skybits AI Features, Connected Agents, or any User-Generated Content in place of a qualified professional. You are responsible for having qualified people review any output before you rely on it for a decision, filing, contract, or transaction. Skywood is not a law firm, financial advisor, or other licensed professional, and using the Service does not create any professional relationship.

11. Skywood Obligations

This section explains that Skywood does not monitor content.

Skywood is not obligated to monitor or police any content on the Service (including User Data and User-Generated Content) and is not responsible for it. Skywood may, at its discretion, review, remove, or delete any content it believes violates these Terms or is harmful, objectionable, or likely to expose Skywood, its providers, or other users to liability.

12. User-to-User Shared Content

This section covers content other users share with you.

Other users can share documents with you through direct grants, links, or incoming shares. Skywood does not create, control, or review that content and makes no representations about it.

You access shared content at your own risk. Review it before you act on it or let a Connected Agent act on it, because shared or imported content can be inaccurate, infringing, malicious, or designed to manipulate AI agents. Skywood is not responsible for content other users share with you, or for anything you or your Connected Agents do in reliance on it.

13. Technical and Hardware Requirements

You need Internet access and compatible software, browsers, and devices to use the Service. Skywood is not responsible for obtaining or maintaining these, or for any related costs or taxes.

14. Term and Termination

This section covers how long these Terms last and how access ends.

These Terms apply while you use or have access to the Service. Skywood may terminate or restrict your access for any reason, including a violation of these Terms. Termination does not affect rights or obligations that arose before it. After termination, you remain responsible for any amounts owed and must stop using the Service.

If you cancel your subscription or if these Terms end, your access to the Service may be downgraded, suspended, or terminated at the end of the then-current subscription period or earlier if these Terms permit. Before we permanently delete User Data because of cancellation or account closure, we will use commercially reasonable efforts to give the account owner or Workspace Owner prior notice and a reasonable opportunity to export User Data, unless we are legally required to delete it sooner, are preserving it for legal or security reasons, or the account was terminated for misuse, security risk, or violation of these Terms.

After termination or account closure, Skywood may retain User Data for a limited period consistent with the Privacy Policy and product retention settings, including retention in Trash, version history, recovery systems, logs, and backups. User Data may be permanently deleted after the applicable retention period expires or when recovery copies are overwritten in the ordinary course. Deleted User Data may not be recoverable.

For organization workspaces, the Workspace Owner may continue to control workspace documents, shared content, exports, members, and settings after an individual user's access ends. Content you shared with other users may remain available to them unless you or the Workspace Owner remove it, the applicable sharing permissions expire, or Skywood deletes it under these Terms or the Privacy Policy.

15. Subscriptions and Fees

This section covers plans, fees, renewals, taxes, and preview features, and applies in full when paid plans are enabled.

a. Subscription Plans

The Service may be offered on a free, trial, freemium, paid, usage-based, team, enterprise, or other plan ("Subscription Plan"), as selected at registration or purchase. Skywood may modify, replace, or discontinue any Subscription Plan at its discretion; for paid subscriptions, a change takes effect at the end of your current term unless you agree otherwise in writing. Plan benefits are described on the applicable pricing, checkout, or account page.

b. Free Plan

For the Skybits Beta release, the Service is offered as a free plan (the "Free Plan"). The Free Plan is not limited to a fixed trial period and does not require payment of subscription fees. Skywood may apply reasonable built-in usage, storage, collaboration, rate, or feature limits to the Free Plan, including limits on the number of documents, workspaces, users, Connected Agents, API requests, imports, exports, storage volume, or similar usage measures. Current limits may be described in the Service, product documentation, or account settings.

Skywood may modify Free Plan features or limits, or may introduce paid plans in the future. If Skywood introduces paid plans or materially changes Free Plan limits, it will provide notice as required by law and, where commercially reasonable, in advance through the Service, by email, or through updated pricing or product documentation. You will not be charged subscription fees unless you affirmatively choose a paid plan and provide any required payment information.

c. Subscription Fees

As of the Skybits Beta release, Skywood does not charge subscription fees for the Service and does not require a payment method to use the Free Plan. No subscription fee, renewal charge, or usage-based fee will apply unless and until Skywood offers paid plans and you affirmatively select one.

If Skywood offers paid Subscription Plans in the future, the applicable fees, billing frequency, included usage, taxes, renewal terms, cancellation process, and refund terms will be disclosed on the applicable pricing, checkout, account, order-form, or billing page before you purchase. By providing a Payment Method for a paid Subscription Plan, you authorize Skywood or its payment processor to charge the applicable fees at the disclosed frequency and rate. Paid fees are non-refundable except as required by law or stated in a separate written agreement or the applicable paid-plan terms.

d. Paid Subscription Cancellation

The Free Plan does not require cancellation to avoid subscription charges because Skywood does not charge subscription fees for the Beta release. If Skywood offers paid Subscription Plans in the future, the applicable cancellation method, renewal terms, effective cancellation date, and refund or credit policy will be disclosed before purchase. For any future paid Subscription Plan, you must cancel before renewal to avoid being charged for the next term, except where applicable law requires otherwise.

e. Taxes

Fees exclude taxes, duties, levies, and similar charges, including VAT ("Taxes"). You are responsible for all Taxes and related interest or penalties, except taxes on Skywood's net income.

f. Promotions

Skywood may run promotions under separate terms. If those terms conflict with these Terms, the promotion terms control.

g. Preview Features

Skywood may offer the Service, or features of it, on a preview, early-access, evaluation, or free basis ("Preview Features"). Preview Features are provided "as is" and "as available." They may be incomplete and may change, be suspended, or be discontinued at any time, and may carry additional or different terms.

Preview Features may contain errors and may cause interruption or loss of User Data. To the maximum extent permitted by law, Skywood disclaims all warranties and liability for Preview Features. Do not rely on them for business-critical work, and keep independent backups of important User Data.

16. Privacy

Your information is handled under our Privacy Policy, and by using the Service you consent to those practices. As described there, Skywood does not sell your personal information or share your data with marketing platforms, ad networks, or data brokers.

17. Intellectual Property

This section covers who owns what.

a. Skywood Intellectual Property

Between you and Skywood, the Service — including the Site and all software and technology used to provide it, and all intellectual property rights in it — belongs to Skywood and its licensors. You receive only the rights expressly granted in these Terms.

b. User Intellectual Property

Between you and Skywood, and subject to the license in Section 9(c), you own all rights in your User Data and User-Generated Content.

c. Aggregated Statistics

In addition to the rights in Section 9(c), Skywood may collect usage, statistical, and performance data about the Service ("Aggregated Statistics"). Skywood owns all Aggregated Statistics and may (a) make them public; (b) use them as the law requires; and (c) use them to operate and improve the Service and develop other products. Aggregated Statistics are de-identified and are never shared with marketing platforms or used to build advertising profiles.

d. Feedback

If you give Skywood feedback, suggestions, or feature requests ("Feedback"), you assign all rights in that Feedback to Skywood, and Skywood may use it freely without any obligation to you.

18. Data Security

This section summarizes how Skywood protects your data.

Encryption in transit. Data sent between you and the Service uses an encrypted connection (TLS 1.2+ or later).
Encryption at rest. Stored data, including documents, comments, and metadata, is encrypted using AES-256, with keys managed through a key management service (AWS KMS or S3-managed keys).
Network controls. Data stores run in private subnets, are not publicly accessible, and are reachable only from the application through security-group scoping.
Access controls. Skywood follows the principle of least privilege. Access to production systems and user data is limited to authorized personnel on a need-to-know basis. Authentication uses our identity provider with verified tokens and encrypted session cookies, and multi-factor authentication can be configured.
Security notifications. Skywood will use commercially reasonable efforts to promptly notify Subscribers of any material security breach affecting their User Data in Skywood's control.

The security of your credentials also depends on you; you are responsible for protecting your password and for activity under your account. No method of transmission or storage is completely secure, and Skywood cannot guarantee absolute security.

19. Third Party Applications

This section covers third-party services used with or reached through the Service.

The Service may link to or integrate with third-party websites, apps, AI models, and infrastructure, identity, payment, storage, analytics, or communication providers ("Third Party Services"). Some Third Party Services are selected or connected by you, such as a Connected Agent or external AI assistant. You use those user-selected Third Party Services at your own risk and under their terms; Skywood is not responsible for their content, accuracy, outputs, or practices, and you release Skywood from any related liability.

Other third-party providers, including AI model providers or infrastructure providers used to operate Skybits AI Features, may process data on Skywood's behalf as service providers or subprocessors. Those providers are handled as described in the Privacy Policy and any applicable Data Processing Addendum, rather than as Connected Agents operated by you.

Any AI assistant you connect yourself is a Third Party Service operated by you and your AI provider (see Section 8). Skywood is not responsible for its outputs or for how it handles your data.

20. Disclaimer of Warranties

This section disclaims warranties. Please read it carefully.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND SKYWOOD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. NEITHER SKYWOOD NOR ANYONE ASSOCIATED WITH SKYWOOD REPRESENTS OR WARRANTS THAT THE SERVICE, SKYBITS AI FEATURES, CONNECTED AGENTS, OR ANY RESULTS, DATA, OR OUTPUTS GENERATED THEREFROM (INCLUDING ANY USER DATA, USER-GENERATED CONTENT, AI-GENERATED OUTPUT, SUMMARIES, SUGGESTIONS, EDITS, CITATIONS, OR ANALYSES) WILL BE ACCURATE, RELIABLE, COMPLETE, LAWFUL, NON-INFRINGING, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS BETWEEN YOU AND SKYWOOD, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF, INTERPRETATION OF, AND RELIANCE ON THE SERVICE, SKYBITS AI FEATURES, CONNECTED AGENTS, AND ALL OUTPUTS GENERATED THEREBY. PERFORMANCE OF THE SERVICE AND THE AVAILABILITY OF ANY OUTPUTS ARE DEPENDENT UPON USER DATA, YOUR INSTRUCTIONS, THIRD-PARTY MODEL PROVIDERS, AND THIRD-PARTY TOOLS, AND SKYWOOD DISCLAIMS ALL RESPONSIBILITY FOR THE CONDUCT OR PRODUCTS OF THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND ANY USER-GENERATED CONTENT.

21. Indemnity

This section explains when you must cover Skywood's losses.

You will indemnify, defend, and hold harmless Skywood and its officers, directors, employees, agents, licensors, and service providers from any claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

your access to or use of the Service, including Skybits AI Features;
your violation of these Terms or applicable law;
any claim that your User Data infringes or violates a third party's intellectual property, privacy, confidentiality, or other rights;
any Prohibited Content submitted by you or on your behalf;
your prompts, instructions, configuration, permissions, or other input to Skybits AI Features or Connected Agents;
your use of, reliance on, publication of, or sharing of any User Data, User-Generated Content, or AI-generated output;
the actions of any Connected Agent under your User Account, and any content it produces; and
documents or content you share with, or access from, other users.

Skywood may take over the exclusive defense of any indemnified matter at its own expense, and you will cooperate.

22. Limitation of Liability

This section limits Skywood's liability. Please read it carefully.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SKYWOOD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE, PROFITS, BUSINESS, USE, OR DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF SKYWOOD IS FOUND LIABLE, ITS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES, IF ANY, PAID BY YOU TO SKYWOOD IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100). IF YOU ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE ALL USE OF THE SERVICE.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; in that case Skywood's liability is limited to the maximum the law allows. You and Skywood agree that the disclaimers and limits in this Section and in Section 20 are essential parts of these Terms and a reasonable allocation of risk, and they survive even if a limited remedy fails of its essential purpose.

23. Confidentiality

Skywood will treat your User Data and User-Generated Content as confidential and will not access, use, or disclose it, except:

to provide, secure, maintain, and improve the Service under these Terms and the Privacy Policy;
as you direct or permit, including through your Connected Agents and sharing choices;
to comply with law or valid legal process; or
to protect the rights, safety, or property of Skywood, its users, or the public.

This section does not limit Skywood's rights to Aggregated Statistics or Feedback.

24. Service Support

For technical problems, contact info@skywood.ai.

25. Operation from the United States

The Service is hosted on servers in the United States, and use may be restricted in some countries. If you use the Service from outside the United States, you are responsible for complying with local law.

If you use the Service from the EEA, the United Kingdom, Switzerland, Asia, or any region whose data-protection laws differ from U.S. law, you acknowledge that your personal information may be transferred to, stored in, and processed in the United States and other countries where Skywood or its service providers operate, as described in the Privacy Policy.

Nothing in these Terms limits any rights you may have under mandatory data-protection, consumer-protection, or other laws that cannot be waived by contract. For users in the EEA, the United Kingdom, or Switzerland, international transfers of personal information are subject to the transfer safeguards described in the Privacy Policy, which may include the European Commission's Standard Contractual Clauses, the UK Addendum, Swiss transfer safeguards, or other lawful transfer mechanisms.

26. Export Controls and Sanctions

You confirm that you are not located in, organized under the laws of, or a resident of any country or region under comprehensive U.S. or other applicable sanctions or embargoes, and that you are not on any government list of restricted parties. You will not use the Service, or give access to it, in violation of any export-control or sanctions law.

27. Digital Millennium Copyright Act

Skywood respects copyright under the Digital Millennium Copyright Act (17 U.S.C. § 512 et seq.). If you believe content on the Service infringes your copyright, send a notice (a "DMCA Takedown Notice") to legal@skywood.ai that includes:

a physical or electronic signature of a person authorized to act for the copyright owner;
identification of the copyrighted work claimed to be infringed (or a representative list);
identification of the infringing material and information sufficient to locate it;
your contact information, such as an address, telephone number, and email;
a statement that you believe in good faith the use is not authorized; and
a statement, under penalty of perjury, that the information is accurate and you are authorized to act.

28. Dispute Resolution

Please read this section carefully. It resolves most disputes through individual arbitration instead of trial courts and class actions, except where applicable law does not allow those requirements, and survives termination of these Terms.

Regional consumer carve-out. If you are a consumer located in the European Economic Area, the United Kingdom, Switzerland, or another jurisdiction where mandatory law gives you non-waivable rights to bring claims in your local courts or prevents mandatory arbitration, class-action waivers, representative-action waivers, jury waivers, or similar dispute-resolution limits, nothing in this Section limits those rights. In that case, the arbitration, class-action waiver, representative-action waiver, jury waiver, governing-law, or venue provisions apply only to the maximum extent permitted by applicable law.

Informal dispute resolution. Before starting arbitration or any action, the party raising a dispute (a "Claim") must first try in good faith to resolve it. That party must send written notice by first-class or registered mail describing the facts, and must allow the other party 30 days to respond. Notices to Skywood: Skywood AI, Inc., Attn: Legal/Compliance, 855 El Camino Real, #13A-222, Palo Alto, California 94301 U.S.A., with a copy to legal@skywood.ai. Notices to you: any address associated with your User Account.

Arbitration. If a Claim is not resolved informally, it must be resolved through binding individual arbitration, except as set out here. You give up your right to go to court, and you and Skywood delegate to the arbitrator the authority to decide arbitrability. Arbitration will be run by the American Arbitration Association under its Consumer Arbitration Rules (at www.adr.org); if the AAA cannot or will not begin arbitration within 14 days, it may be run by JAMS or another service the parties agree on. These Terms involve interstate commerce, and this provision is governed by the U.S. Federal Arbitration Act. You may choose arbitration by phone, in writing, or in person in the county where you live or another agreed location, in English. Arbitration is confidential, and judgment on the award may be entered in any court with jurisdiction.

Instead of arbitration, either party may bring an individual claim in small claims court, and either party may seek temporary injunctive relief in court to prevent or stop a breach.

Class action and jury waiver. Any proceeding will be conducted only on an individual basis, not in a class, consolidated, or representative action. If the class-action waiver is found unenforceable between you and Skywood, the arbitration agreement is void as to you. If a Claim proceeds in court, both parties waive any right to a jury trial.

29. Miscellaneous

This section covers general legal terms.

a. Service Availability

The Service may be temporarily unavailable for maintenance, development, security, capacity, third-party provider issues, or other planned or unplanned reasons. For the Beta release and any Free Plan, Skywood does not provide an uptime commitment, service credit, status-page commitment, or service-level agreement. Skywood will use commercially reasonable efforts to maintain the Service and, where practical, to give advance notice of planned downtime. Any uptime commitment, service credit, dedicated support obligation, status-page commitment, or service-level agreement applies only if Skywood expressly agrees to it in a separate written agreement, order form, or enterprise terms.

b. Assignment

You may not assign these Terms without Skywood's prior written consent, and any attempt to do so is void. Skywood may assign these Terms freely. These Terms bind the parties' permitted successors and assigns. A person who is not a party has no right to enforce any term.

c. Force Majeure

We are not liable for any delay or failure caused by events outside our reasonable control.

d. Governing Law and Venue

These Terms and any related dispute (including non-contractual disputes) are governed by the laws of the State of California, excluding its conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply. Any dispute not subject to arbitration or small claims court will be resolved in the state or federal courts in Santa Clara County, California.

e. Notices

Notices must be in writing and sent by email, and are deemed given on transmission. Notices to Skywood: info@skywood.ai, except legal and DMCA notices as described in Sections 27 and 28. Notices to you: any email associated with your User Account. You consent to receive communications electronically.

f. Severability and Waiver

If any provision is held invalid or unenforceable, it will be replaced with one that, as far as possible, meets its original purpose, and the rest of the Terms stay in effect. Failure to enforce a right is not a waiver, and no waiver is effective unless in writing.

g. Entire Agreement

These Terms, together with the Privacy Policy and any order form or supplemental terms incorporated by reference, are the entire agreement between you and Skywood and supersede all prior agreements on this subject.

Any provision that by its nature should survive termination will survive, including Sections 5 (User Accounts), 6 (Workspace and Administrator Rights), 8 (AI Features, Connected Agents, and Automated Access), 9 (User Data), 10 (No Professional Advice), 12 (User-to-User Shared Content), 14 (Term and Termination), 16 (Privacy), 17 (Intellectual Property), 18 (Data Security), 19 (Third Party Applications), 20 (Disclaimer of Warranties), 21 (Indemnity), 22 (Limitation of Liability), 23 (Confidentiality), 25 (Operation from the United States), 26 (Export Controls and Sanctions), 27 (Digital Millennium Copyright Act), 28 (Dispute Resolution), and 29 (Miscellaneous).

For more information, contact: Skywood AI, Inc., 855 El Camino Real, #13A-222, Palo Alto, California 94301 — info@skywood.ai

Terms of Service