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At Skyian, we develop comprehensive educational platforms and provide complete digital presence services that make professional certification accessible, engaging, and effective.

Terms of Service

Welcome to Skyian!
We’re thrilled to have you here. Our mission is to provide comprehensive educational platform development and management services, ensuring your digital presence is impactful and effective. These Terms of Service (“Terms”) are designed to outline the rules, responsibilities, and expectations for using our services, including our website (skyian.com) and all related offerings (collectively referred to as the “Services”).

By accessing or using our Services, you agree to these Terms, which form a legally binding agreement between you (“Client,” “you,” or “your”) and Skyian (“we,” “us,” or “our”). If you’re using our Services on behalf of a business entity, you confirm that you have the authority to bind that entity to these Terms.

Please take a moment to read this document thoroughly. If you have any questions or concerns, feel free to reach out to us before proceeding. If you do not agree to these Terms, we kindly request that you refrain from using our Services.

Service Description
At Skyian, we offer a comprehensive range of services designed to help you succeed in the digital space. Below is an overview of what we provide:

  1. Core Services:
    We specialize in the following areas:
    • Educational Platform Development: Custom-built platforms tailored to your requirements, designed for seamless user engagement.
    • Platform Management: Ongoing management to ensure your platform operates smoothly, including updates and optimizations.
    • Platform Maintenance: Regular maintenance services, including bug fixes, security updates, and performance monitoring.
  2. Customization & Scalability:
    Our Services are flexible and scalable, allowing us to tailor solutions to meet the unique needs of your business or project. Whether you’re building something from scratch or enhancing an existing platform, we’re here to help.
  3. Adaptability to Change:
    To stay ahead in a dynamic industry, we continuously evolve our offerings in line with technological advancements and market trends. Should any changes to our Services impact the scope of work, we will notify you promptly and collaborate on the next steps.
  4. Detailed Agreements:
    The specific scope, deliverables, and timelines for your project will be outlined in a separate agreement or Statement of Work (“SOW”). This ensures alignment and transparency from the outset.

Account Registration & Client Obligations
To ensure a smooth and efficient collaboration, we’ve outlined the following responsibilities for both Skyian and our clients.

  1. Account Creation:
    To access and use our Services, you are required to:
    • Provide accurate and up-to-date information during account registration.
    • Keep your contact details current to facilitate effective communication.
    • Safeguard your account credentials and ensure they are not shared with unauthorized individuals.
    • Notify us immediately if you suspect any unauthorized access to your account.
  2. Client Responsibilities:
    As our valued client, you agree to:
    • Provide all necessary project materials and inputs in a timely manner to prevent delays.
    • Review and approve deliverables promptly, allowing us to maintain project timelines.
    • Implement appropriate security measures to protect shared information and systems.
    • Adhere to all applicable laws and regulations relevant to the project.
    • Clearly communicate your project requirements and expectations to ensure alignment.
  3. Communication Protocols:
    Effective communication is key to a successful partnership. Both parties agree to:
    • Respond to emails, calls, or messages within the agreed-upon timeframes.
    • Maintain professional and respectful communication standards at all times.
    • Designate primary points of contact to streamline decision-making and communication.
    • Use approved channels for all project-related communications to ensure consistency.
    • Document and confirm important decisions in writing to avoid misunderstandings.

By fulfilling these obligations, we can work together effectively to achieve the desired outcomes for your project.

Client Content & Responsibilities
We respect the ownership of your content and ensure its use aligns with your project needs. Below are the terms governing the content you provide to Skyian.

  1. Ownership of Client Content:
    All content, materials, and data you provide for the purpose of delivering our Services remain your property. You retain full ownership and control over this content at all times.
  2. License to Use Client Content:
    By providing your content to us, you grant Skyian a limited, non-exclusive license to use, reproduce, and, where necessary, modify your content solely to deliver the agreed-upon Services. This license ensures we can work effectively on your project while respecting your ownership rights.
  3. Client Representations:
    To protect both parties, you represent and warrant that:
    • You own or have obtained all necessary rights and permissions for any content you provide to us.
    • Your content complies with applicable laws and does not infringe on the rights of any third party.
  4. Indemnification:
    You agree to indemnify and hold Skyian harmless from any claims, damages, or liabilities that may arise from your content. This includes, but is not limited to:
    • Copyright, trademark, or intellectual property infringement claims.
    • Data breaches or privacy violations related to the content provided.

By ensuring mutual accountability, we aim to foster a secure and transparent working relationship.

Confidentiality
At Skyian, we understand the importance of confidentiality and are committed to safeguarding your sensitive information. Below are the terms regarding the treatment of Confidential Information shared between us.

  1. Definition of Confidential Information:
    “Confidential Information” refers to any non-public information shared by one party with the other, whether verbally, in writing, or electronically. It includes information explicitly marked as confidential or that should reasonably be understood as confidential based on its nature and the circumstances of disclosure.
  2. Obligations of Confidentiality:
    Both parties agree to:
    • Use Confidential Information solely for the purpose of fulfilling obligations under these Terms.
    • Refrain from disclosing Confidential Information to any third party without prior written consent from the disclosing party.
    • Take all reasonable measures to protect Confidential Information from unauthorized access, use, or disclosure.
  3. Exceptions:
    Confidential Information does not include information that:
    • Is publicly available or becomes so without any breach of these Terms.
    • Was already known to the receiving party before being disclosed.
    • Is lawfully received from a third party without violating confidentiality obligations.
    • Is independently developed by the receiving party without reliance on the disclosing party’s information.
  4. Duration of Obligation:
    The obligation to maintain confidentiality extends for the duration of the agreement and for a period of [insert duration, e.g., two years] following its termination, unless otherwise agreed in writing.

By adhering to these terms, we ensure that your sensitive information remains secure and protected throughout our partnership.

Term & Termination
To provide clarity and flexibility, here are the terms governing the duration of our agreement and the circumstances under which it may be terminated.

  1. Term:
    These Terms take effect from the moment you first use our Services and will remain in force until either party chooses to terminate the agreement.
  2. Termination by the Client:
    You may terminate this agreement at any time by providing written notice to Skyian and discontinuing use of our Services. Please note that any outstanding fees or payments for Services rendered up to the date of termination must be settled promptly.
  3. Termination by Skyian:
    Skyian reserves the right to terminate this agreement or suspend Services immediately if:
    • You breach any material provision of these Terms.
    • We are required to comply with a legal obligation.
    • Continued provision of Services becomes commercially impractical or unfeasible.
  4. Effect of Termination:
    Upon termination of the agreement:
    • All licenses or rights granted to you under these Terms will immediately cease.
    • You are required to fulfill any remaining obligations, such as paying outstanding fees.
    • Both parties are obligated to return or securely destroy any Confidential Information belonging to the other party, as instructed by the disclosing party.

Termination is a last resort, and we are committed to resolving any issues collaboratively wherever possible. If you have concerns or challenges, we encourage open communication to explore solutions before considering termination.

Payment Terms
To ensure a seamless partnership, all fees for our Services will be outlined in the agreement or invoice provided to you. Payments must be made in the currency specified and within the timeframe stated on the invoice. Punctual payments help us maintain the high quality of service you expect and deserve.

If payments are delayed, additional fees may apply, and we may need to temporarily suspend Services until all outstanding balances are resolved. We encourage open communication in such cases to avoid any interruptions to your project.

From time to time, we may adjust our pricing to reflect market conditions or enhancements to our Services. Rest assured, we’ll provide reasonable notice of any changes, and any adjustments will not affect existing agreements unless explicitly agreed upon in writing.

Intellectual Property Rights
At Skyian, we respect and safeguard intellectual property rights, ensuring clarity and fairness for both parties.

  1. Skyian’s Intellectual Property: All intellectual property rights related to our Services—such as software, designs, and documentation—are and remain the property of Skyian, unless explicitly agreed otherwise in writing. This includes any tools or frameworks we develop or use in delivering your project.
  2. Client Usage Rights: As our client, you’re granted a limited, non-exclusive, and non-transferable license to use the deliverables as outlined in your agreement. This ensures you can fully utilize the Services provided while respecting our ownership of underlying assets.
  3. Client’s Intellectual Property: Any intellectual property you create and provide to us for the purpose of delivering Services remains your property. We will use it strictly within the scope of our agreement and take every precaution to protect its confidentiality.

By clearly defining these ownership rights, we aim to foster a collaborative and transparent working relationship. If you have specific questions regarding intellectual property, feel free to discuss them with us.

Development Process & Deliverables
At Skyian, we believe that clear communication and collaboration are the keys to delivering exceptional results. Here’s how we approach the development process:

  1. Project Timeline & Milestones: Together, we’ll establish a detailed development timeline and key milestones for your project. These milestones help us ensure that the project progresses smoothly and stays on track.
  2. Client Responsibilities: To meet deadlines and maintain efficiency, we rely on your timely provision of required materials, feedback, and approvals. Any delays in providing these inputs may result in extensions to the timeline or additional fees.
  3. Final Deliverables: The deliverables for your project will be clearly outlined in the agreement or Statement of Work (SOW). Once you review and approve a deliverable, it will be considered complete. Our goal is to ensure that every deliverable meets or exceeds your expectations.

By working closely with you at every stage of the process, we aim to deliver results that align with your vision and objectives. If you have any concerns or need adjustments during the project, we encourage you to communicate with us promptly.

Platform Maintenance & Support
We understand the importance of keeping your digital platform running smoothly and efficiently. That’s why we offer a range of maintenance and support services tailored to your needs.

  1. Services Offered: Our maintenance and support services may include regular updates, bug fixes, performance optimizations, and technical support. The exact details will be outlined in your agreement to ensure clarity and alignment with your expectations.
  2. Support Prioritization & Response Times: Support requests are addressed based on their priority level, as specified in your agreement. While response times may vary depending on the urgency, we’re committed to resolving issues quickly and efficiently to minimize disruption.
  3. Fees & Packages: Maintenance and support services may be included as part of a service package or offered as an add-on. Any additional fees will be communicated upfront, so you’ll always know what to expect.

With our proactive maintenance and reliable support, you can focus on your goals while we handle the technical complexities. If you ever need assistance, our team is just a message away.

Limitation of Liability
At Skyian, we are committed to providing high-quality Services. However, there are certain limitations to our liability to ensure fairness and clarity for both parties.

  1. Exclusion of Certain Damages:
    To the fullest extent permitted by law, Skyian will not be liable for indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to:
    • Loss of profits, revenue, or anticipated savings.
    • Loss of data, business opportunities, or goodwill.
    • Any interruption of business or other economic losses.
  2. Liability Cap:
    Our total liability for any claims related to these Terms or our Services will be limited to the amount you paid to Skyian for the Services during the six (6) months immediately preceding the event giving rise to the claim.
  3. Force Majeure:
    Skyian is not responsible for any delays or failures to perform caused by circumstances beyond our reasonable control, such as natural disasters, acts of government, war, cyberattacks, or other unforeseen events (“Force Majeure Events”). In such cases, we will make every effort to resume Services as promptly as possible.
  4. No Warranties:
    Except as explicitly stated in these Terms, our Services are provided “as is” and “as available,” without warranties of any kind—express, implied, or statutory. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
  5. Applicability:
    These limitations apply regardless of the nature of the claim, whether based on contract, tort, negligence, strict liability, or any other legal theory.

By setting these limitations, we aim to establish a balanced and transparent agreement. If you have concerns about specific risks, feel free to discuss them with us before proceeding.

Dispute Resolution
We hope to maintain a collaborative and positive relationship with you. However, in the rare event of a disagreement, we’ve outlined a clear and fair process for resolving disputes:

  1. Arbitration Process: Any disputes related to these Terms or our Services will be resolved through arbitration, in accordance with the rules of the relevant arbitration authority. This process is designed to offer an efficient and impartial resolution.
  2. Location & Final Decision: Arbitration will take place in the jurisdiction specified in your agreement. The decision of the arbitrator(s) will be final and binding for both parties, ensuring a definitive conclusion to the matter.
  3. Costs: Each party will be responsible for its own costs related to the arbitration process unless the arbitrator(s) determine otherwise or a mutual agreement is reached.

We’re committed to resolving any concerns or disputes amicably and professionally. If you have any questions about this process, please don’t hesitate to reach out to us before proceeding.

Changes to These Terms
As our business and services evolve, we may need to update these Terms from time to time to reflect changes in our offerings or legal requirements. Here’s what you need to know:

  1. Notification of Changes: If we make updates to these Terms, we’ll notify you either by posting the revised Terms on our website or by contacting you directly. Our goal is to keep you informed and ensure transparency.
  2. Effective Date: Changes will take effect immediately upon being posted or as specified in the notification. Your continued use of our Services after the changes are implemented will indicate your acceptance of the updated Terms.
  3. Staying Informed: We encourage you to review these Terms periodically so you’re always aware of your rights and responsibilities. If you have any questions or concerns about changes, feel free to get in touch with us.

By keeping you informed about updates, we aim to maintain a trustworthy and transparent relationship. Your feedback is always welcome as we strive to improve our services.

General Provisions
To ensure clarity and enforceability, the following provisions apply to this agreement:

  1. Entire Agreement:
    These Terms, together with any accompanying agreements or Statements of Work (SOW), represent the complete and final understanding between Skyian and you regarding the Services. They supersede any prior discussions, proposals, or agreements, whether written or oral.
  2. Severability:
    If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain fully valid and enforceable. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.
  3. No Waiver:
    If either party fails to enforce any provision or right under these Terms, it does not constitute a waiver of that provision or right. Both parties retain the ability to enforce all provisions at any time.
  4. Assignment:
    You may not assign or transfer your rights or obligations under these Terms without prior written consent from Skyian. We may assign or transfer our rights or obligations in connection with a merger, acquisition, or sale of assets.
  5. Notices:
    Any notices or communications required under these Terms must be delivered in writing, either via email or physical mail, to the contact details provided in your agreement.
  6. Governing Law:
    These Terms are governed by and construed in accordance with the laws of the jurisdiction specified in your agreement. Any disputes will be resolved in the courts of that jurisdiction, unless otherwise agreed.
  7. Force Majeure:
    Neither party will be liable for delays or failures to perform caused by events beyond their reasonable control, including but not limited to natural disasters, government actions, or other unforeseen circumstances.

By including these provisions, we aim to create a stable and enforceable agreement that protects both parties.

Last Updated: 24th May, 2025