SkyWire Studio LLC - Terms of Use

Welcome to SkyWire (collectively, “SkyWire", "SkyWire Studio", "SkyWire Studio LLC", “us”, “our” or “we”)! By accessing and using our website, you agree to the following terms of use. If you do not agree with any part of these terms, please refrain from using the Website.

1. Acceptance of Terms; Implied Consent

By accessing, browsing, or using SkyWire Studio (the "Website") or any services provided herein, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. Accessing the Website, regardless of whether you create an account or log in, constitutes your express and implied acceptance of these terms. If you do not agree to these terms, you must immediately cease all access and use of the Website and its assets.

2. Prohibited Uses & Reverse Engineering

You are strictly prohibited from:

• Reverse Engineering: Attempting to decompile, disassemble, or reverse engineer any of the software or JavaScript code used on the Website.
• Cloning & Mirroring: Reproducing, duplicating, or "mirroring" the Website's design, layout, functionality, or intellectual property on any other domain or server.
• Automated Scraping: Using any robot, spider, or automated device to monitor or copy our web pages or the content contained therein without our prior express written permission.
• Unauthorized API Access: Accessing or attempting to access our backend endpoints through any means other than the provided user interface.

3. Liquidated Damages for Intellectual Property Violations

You acknowledge that the unauthorized cloning, reverse engineering, or distribution of SkyWire Studio's assets causes substantial and irreparable harm that is difficult to quantify. Accordingly, you agree that any violation of Section 2 (Prohibited Uses) shall subject you to liquidated damages in the amount of $100,000 per occurrence. An "occurrence" is defined as, but not limited to, each unique instance of a cloned site deployment, each unique session of unauthorized scraping, or each act of reverse engineering. You agree that this sum is a reasonable pre-estimate of damages and is not a penalty.

4. Attorney Fees & Costs of Litigation

In the event of any dispute, claim, or litigation arising out of or relating to these Terms of Use or your use of the Website, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorney fees, court costs, expert witness fees, and litigation expenses incurred. This includes, without limitation, costs associated with pre-litigation investigations, forensic audits, and appeals.

5. Governing Law and Venue

These terms are governed by the laws of the State of Kansas. Any legal action or proceeding relating to your access to, or use of, the Website shall be instituted in a state or federal court in Johnson County, Kansas. You and SkyWire Studio LLC agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

6. Use at Your Own Risk

Your use of this website is entirely at your own risk. The website and its content are provided on an "as-is" and "as-available" basis. SkyWire makes no representations or warranties of any kind, expressed or implied, regarding the accuracy, completeness, reliability, or suitability of the information and materials contained on the website.

7. Intellectual Property

All content, trademarks, service marks, logos, and other intellectual property displayed on this website are owned by SkyWire or its licensors. You may not use, reproduce, modify, or distribute any of this content without prior written permission from SkyWire.

8. Third-Party Links

This website may contain links to third-party websites. These links are provided for your convenience and do not signify our endorsement of these websites. We are not responsible for the content, privacy policies, or practices of any third-party websites.

9. Limitation of Liability

To the fullest extent permitted by law, SkyWire shall not be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of your use of or inability to use the website.

10. Modifications to Terms

SkyWire reserves the right to modify these terms of use at any time without prior notice. Your continued use of the website following any changes constitutes your acceptance of the revised terms.

Privacy Policy

1. Reasons We Collect Personal Information

We collect your personal information to deliver superior customer service, provide convenient access to our products and services, and tailor our communications to your interests.

2. Data Collection and Technical Identifiers

We collect personal data that you provide directly to us, as well as data collected automatically through your interaction with our services. This includes:

• Identity and Contact Data: Name, email address, and billing details provided during registration or transaction.
• Technical Data: To ensure the security and functionality of our platform, we automatically collect Internet Protocol (IP) addresses, browser type and version, time zone settings, operating system, and platform details.
• Interaction and Compliance Data: We log specific actions, including the date, time, and IP address associated with your acceptance of our Terms of Service. This is maintained as an evidentiary record of your agreement to our contractual terms.
• Performance and Crash Data: We utilize third-party monitoring tools to collect diagnostic data, which may include device metadata and stack traces, to identify and fix technical errors.

3. How and Why We Use Your Data

We process your personal data only when we have a legal basis to do so:

• Contractual Necessity: To provide the services you requested and to maintain a record of your agreement to our Terms of Service.
• Legitimate Interests: To monitor the security of our website, prevent fraud, and improve platform stability through error-reporting services.
• Compliance: To comply with legal obligations or to defend against legal claims.

4. Sharing Your Information

We do not sell or rent your personal information to third parties. However, we may share data with trusted partners to provide services on our behalf.

5. Security

We implement security measures to protect your information but cannot guarantee absolute security due to the nature of the internet.

11. Subscription and Free Trial Terms

1. Free Trial

SkyWire Studio Pro may offer a free trial to new users. Unless you cancel before the end of the trial period, your subscription will automatically convert to a paid plan and your payment method will be charged for the selected billing interval (monthly or annually). You may cancel at any time during the trial to avoid charges.

2. Subscription Fees

By subscribing to SkyWire Studio Pro, you agree to pay the subscription fees for the selected duration. Fees are non-refundable, including for any partial or unused subscription periods when a cancellation occurs.

3. Payment and Renewal

Subscription payments are processed securely through Stripe. Subscriptions renew automatically at the end of the subscription period unless canceled. Renewal fees will be charged to the payment method on file unless updated or canceled prior to the renewal date.

4. Cancellation

You may cancel your subscription at any time through your SkyWire Studio account by logging in and clicking Manage Subscription in your Profile, or via the Stripe customer portal. Cancellation prevents future charges but does not result in a refund of prior charges.

5. Changes to Subscription Terms

SkyWire reserves the right to modify subscription fees or terms at any time. Continued use of the service after such changes constitutes your acceptance of the revised terms.

12. Custom Wiring Diagram Services

SkyWire Studio provides custom wiring diagram services on a best-effort basis. While we take care to ensure accuracy, all diagrams are provided “as-is,” and SkyWire Studio expressly disclaims liability for any errors, omissions, or consequences arising from their use. The customer and/or the installing authority retains full responsibility for reviewing all diagrams for completeness and correctness in accordance with applicable technical data, regulatory requirements, and installation standards.

Errors directly caused by SkyWire Studio (such as drafting mistakes or incorrect references) will be corrected at no additional charge. This does not include changes to requirements or scope, which will be treated as new work and may incur additional fees.

SkyWire Studio allows up to three (3) minor revisions per project at no charge. Minor revisions include non-architectural changes such as edits to labels, wire colors, or formatting adjustments. Revisions that materially alter the design, architecture, or equipment layout are considered new work and will be quoted separately.

The customer is solely responsible for ensuring equipment interoperability and regulatory compliance, including but not limited to verifying that Technical Standard Orders (TSOs), Parts Manufacturer Approvals (PMAs), or equivalent certifications exist for the proposed equipment list. SkyWire Studio does not review or validate equipment lists for compatibility, and any recommendations we may provide are strictly advisory and subject to confirmation by the installing authority.

Contact Us

If you have any questions about these terms of use or our privacy policy, please contact us at:[email protected].