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Note: These terms are effective as of November 1, 2024.
Thank you for your participation in our Early Adoption Participation (EAP) program!
Skigit's products and services are provided by Skigit, Inc. These EAP Terms of Service ("Terms") govern your access to and use of Skigit's website, products, and services ("Products") during our Early Adoption Participation period. Please read these Terms carefully, and if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Terms of Service, Business terms of Service, Acceptable Use Policy, Copyright Policy and Privacy Policy..
Translation:
Every company has its terms. These are ours.
1. EAP Terms
These Early Adoption Participation Terms ("EAP Terms") are made by and between the entity accepting these EAP Terms ("you") and Skigit, Inc. unless otherwise indicated below (as applicable, "we" or "us"), are effective as of the date you first accept them (whether via an online click-through, a signed agreement, or by using the EAP Product) (the "Effective Date"), and amend and supplement the Online Terms (as defined below). Some terms used in these EAP Terms are defined in the Online Terms.
2. EAP Product
From time to time, we may make available to you Skigit Products or programs under these EAP Terms (each, a “EAP Product”). As between the parties, we retain exclusive ownership of each EAP Product. You agree that these EAP Terms are separate and independent agreements for each EAP Product. For purposes of clarity, any reference to an early adoption product under an agreement that is subject to these EAP Terms is deemed to be an “EAP Product” under these EAP Terms.
3. Feedback
During the term of these EAP Terms, you will use commercially reasonable efforts to provide suggestions, comments or ideas and report issues or problems related to your use of the EAP Product (collectively, "feedback") to us on a timely basis or as otherwise agreed between you and us in writing using the Skigit bug report features found in the EAP Product). You agree not to disclose feedback to any third party and you assign to us all right, title and interest in and to any feedback, without any right to compensation or other obligation from us or, if such assignment is not permitted by law, you grant to us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual license to use all feedback.
5. Confidentiality.
"Confidential Information" means any and all information disclosed by us to you, or accessed or provided by you, relating to a EAP Product, including your use of a EAP Product, the relationship contemplated in these EAP Terms, feedback, Platform Data, and the Product Terms, except to the extent made public by us. You agree that you: (a) will not use any Confidential Information other than as necessary to use or test a EAP Product under these EAP Terms; (b) will maintain Confidential Information in strict confidence and will use at least the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than reasonable care; and (c) will not disclose the Confidential Information to any person or entity other than those who need access to such Confidential Information to effect the intent of these EAP Terms and who are bound by written confidentiality obligations at least as protective as those set forth in this section; provided, however, that you will remain responsible for each such person's or entity's compliance with and breach of the confidentiality terms herein. You will not make any public announcements related to a EAP Product without our prior written approval, which we may grant or withhold in our sole discretion. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information under these EAP Terms.
6. EAP Product Terms.
Product-specific terms and policies may also apply to your use of the EAP Product (the "Product Terms"). If applicable, the Product Terms will be made available to you (online or, prior to being made available online, as separately provided to you) and will apply to your use of the EAP Product (in addition to these EAP Terms). For clarity, once we post Product Terms online (as a link within the Platform Terms, in other supplemental terms, or otherwise), the online version of such Product Terms will supersede any prior versions provided to you. By continuing to access, test, or use the EAP Product after any modification to the applicable Product Terms, you agree to be bound by them.
7. Gift Eligibility
The first one hundred registered users may be eligible to receive a free gift. In order to be eligible, you agree to:
8. Applicable Terms
You agree that: (a) in addition to these EAP Terms and any applicable Product Terms, your use of the EAP Product is subject to the following: Skigit Terms of Service, Skigit Privacy Policy, Skigit Copyright Policy, Skigit Acceptable User Policy and Skigit Business Terms of Service (applies to Business users only), as made available to you, online or otherwise, and all of our other applicable online terms and policies (collectively, the "Online Terms"); (b) you will comply with these EAP Terms, any applicable Product Terms, the Online Terms, and any other technical or product documentation we make available to you (online or otherwise) in connection with your use of the EAP Product; and (c) without limiting the Online Terms, you will make your technical integration with us (including any code, APIs, SDKs, tools, plugins, bots, websites, applications, specifications, and other technology made available by you or on your behalf in connection with your integration with us) available to us for our approval (in our sole discretion) prior to making the technical integration publicly available. For clarity, any data, content or information made available by you or on your behalf in connection with the EAP Product is subject to the Online Terms. In connection with the EAP Product, we are not subject to any terms or policies you make available to us that are associated with your integration with us (even if we clicked through), such terms and policies are deemed null and void with respect to Skigit, and the parties agree that any such terms are expressly rejected and excluded from these EAP Terms.
9. Limitation of Liability.
YOU AGREE THAT THE LIMITATION OF LIABILITY IN THE ONLINE TERMS APPLIES TO YOUR USE OF THE EAP PRODUCT, EXCEPT THAT OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ACCESS TO OR USE OF THE PRODUCT OR THESE EAP TERMS SHALL NOT EXCEED TEN DOLLARS ($10).
10. Expenses
Unless otherwise agreed to by you and Skigit, you and Skigit are each solely responsible for your own costs and expenses incurred in connection with the EAP Product, and you will be solely responsible for supplying at your own cost any necessary equipment, materials, and other resources as may be required in your access to, or use of the EAP Product.
11. Disclaimer
Since the EAP Product is still in a early adoption phase, it may contain errors and, in addition to the disclaimers in the Online Terms, you agree that the Product and any data we provide you in connection with your use of the Product are provided "AS IS" and "AS AVAILABLE." You understand and agree that we may change, withdraw, terminate your access to, use of, or discontinue the Product (or any portion thereof) at any time and in our sole discretion, with or without notice to you.
12. Miscellaneous
If these EAP Terms conflict with the Online Terms or Product Terms, these EAP Terms, followed by the Product Terms and then the Online Terms, will govern with respect to your use of the EAP Product to the extent of the conflict. Notwithstanding the foregoing, the Online Terms (unmodified by these EAP Terms) continue to apply to your use of any Skigit Products other than the EAP Product even if the use of the Skigit Products is in connection with the use of the EAP Product. The term "including" means including without limitation. We may modify these EAP Terms at any time, and by continuing to access, test, or use the EAP Product after any modification to these EAP Terms, you agree to be bound by them.
