Terms of Service

Last Updated: March 1, 2023

Thank you for using Skylight Calendar! These Terms of Service (“Terms”) constitute a legally binding agreement between you and Skylight Calendar regarding your use of the Skylight Calendar website, applications, products, services, and any other offerings (collectively, the “Services”).

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access or use our Services.

1. Our Services

Skylight Calendar provides an online platform that allows users to access the following key features and functionality:

• Digital calendar to view, add, edit, and manage events and schedules
• Event synchronization across devices and platforms
• Shared calendar access to coordinate schedules with others
• Task lists, reminders, and scheduling tools
• Interactive group and family chore charts
• Meal planning and grocery list features
• Photo and video screensaver when idle
• Customizable profiles and user settings
• Skylight Calendar mobile app

Skylight Calendar also offers the following hardware products designed to enable convenient access to our platform features:

• Skylight touchscreen calendar displays in multiple sizes
• Wall mounts and stands for display products
• Cables, chargers, and other accessories

We are constantly improving and expanding our Services, and we may add or remove functionalities or features at any time, in our sole discretion. We may also limit or suspend certain Services without notice.

2. Using Our Services

You may use our Services only if you are 18 years of age or older and can enter into legally binding agreements. You agree not to access or use our Services if you are prohibited from receiving products, services, or software under applicable law.

To access certain features and functions, you may be required to register for a Skylight Calendar account by providing your email address (or connecting via a third-party account) and creating a password. You agree to provide accurate and complete information and to update your account information as necessary to keep it accurate.

You are solely responsible for maintaining the confidentiality of your account credentials, and for any activities or actions that occur under your account. You agree to immediately notify Skylight Calendar of any unauthorized use of your account.

3. Privacy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. You understand that through your use of our Services, you consent to the collection, use, and disclosure of this information as set forth in our Privacy Policy.

4. Intellectual Property Rights

Our Services and all associated intellectual property rights (including copyrights, trademarks, service marks, trade names, trade dress, patents, and other intellectual property and proprietary rights) are owned by Skylight Calendar and its licensors. You do not acquire any ownership interest in our Services by using or accessing our Services.

The Skylight Calendar name and logo are our trademarks. You may not use our trademarks or any confusingly similar marks without our express written permission. You must not remove, obscure or alter any proprietary notices appearing in or associated with our Services.

Any feedback, suggestions, ideas, improvements, or recommendations you provide relating to our Services is entirely voluntary, and we may use such feedback without restriction or obligation to you.

5. User Content

Our Services allow you to create, upload, store, send, receive, and share content, such as calendar events, images, documents, tasks, and other materials (“User Content”).

You retain full ownership of your User Content. However, by creating, uploading, storing, sending, receiving, or sharing User Content through our Services, you grant us a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, create derivative works based on, publicly display or perform, and otherwise exploit in any manner such User Content to provide and promote our Services.

You represent and warrant that you have all necessary rights to grant us this license for any User Content you share through our Services. You are solely responsible for your User Content and the consequences of sharing or publishing it.

We may reject, block, or remove User Content at any time without notice or liability, if we determine in our sole discretion that such User Content violates law, regulation, or these Terms.

6. Acceptable Use

You agree not to misuse our Services or assist others in doing so. For example, you must not, and must not attempt to:

• probe, scan, or test the vulnerability of our Services or any related system or network;
• access our Services using an interface other than as intended and authorized by us;
• forge headers, impersonate others, or manipulate identifiers to disguise your identity or the origin of any content transmitted through our Services;
• interfere with or disrupt our Services, networks, or security features;
• attempt to access or search our Services or download content from our Services through the use of any technology or means other than those provided by us or authorized by us;
• copy, reproduce, modify, distribute, reverse engineer, or prepare derivative works from our Services, other users’ content, or other proprietary information available through our Services;
• use our Services to transmit, distribute, or store malicious code or exploit, disable, damage, disrupt, or otherwise interfere with our Services, networks, or security features;
• use our Services to infringe on the intellectual property, privacy, or other rights of third parties;
• use our Services to distribute spam, chain letters, viruses, or any other technologies that may harm Skylight Calendar or others;
• violate the law in any way or violate the privacy of others;
• defame, harass, degrade, intimidate, or discriminate against others;
• publish or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false;
• promote or advertise products or services other than your own without permission;
• violate any other applicable laws or regulations related to your use of our Services.

We reserve the right, but do not assume the obligation, to monitor or restrict access to or the availability of objectionable content and suspend or terminate users who engage in prohibited activities. However, we do not necessarily review content provided by users, so we are not responsible for such content. We have the right to remove any User Content at any time for any reason without notice.

7. Fees and Billing

Some aspects of our Services may be available for a fee, such as subscription plans or premium features. If you choose a paid portion of our Services, you agree to pay all applicable fees and taxes and to comply with any payment terms disclosed to you.

Skylight Calendar may change our fees at any time by posting modified fees for paid Services on our websites or apps. Any increase in fees or change to payment terms applies only to periods after we post the updates.

You authorize Skylight Calendar to charge your selected payment method on a recurring basis to provide you with ongoing access to paid Services. You are responsible for keeping your billing information current and your account valid.

If your payment lapses or cannot be processed, we may suspend or terminate access to paid Services. Outstanding fees, if any, remain payable.

Paid Services are not refundable after the applicable subscription period begins, except as required by law, and we do not provide prorated refunds for unused subscription time.

8. Disclaimers

Your access to and use of our Services is at your own risk. Our Services are provided on an “as is” and “as available” basis without warranties of any kind.

To the fullest extent permitted by law, Skylight Calendar disclaims any representations and warranties of any kind, whether express, implied, statutory, or otherwise, including (but not limited to) warranties:

• of merchantability, fitness for a particular purpose, title, non-infringement, and security;
• arising from course of dealing, course of performance, or usage in trade;
• that our Services will meet your requirements or expectations;
• that use of our Services will be uninterrupted, timely, or error-free.

We make no guarantees regarding the accuracy, currency, completeness, or usefulness of any content or information provided through our Services. We do not endorse, represent, or warrant the truthfulness, accuracy, lawfulness, or reliability of any third-party content, software, services, statements, opinions, claims, advertisements, offers, advice, suggestions, or other information displayed, uploaded, distributed, or available on or through our Services.

Use of our Services requires an internet connection and compatible devices. We do not guarantee that our Services can be accessed on all devices or networks. You are responsible for all costs associated with your use of our Services over the internet.

Some jurisdictions do not allow the types of disclaimers in this section, so some or all of these disclaimers may not apply to you.

9. Limitations of Liability

To the maximum extent permitted by applicable law, Skylight Calendar shall not be liable to you under any theory of liability, whether based in contract, tort, negligence, warranty, or otherwise, for any indirect, incidental, consequential, special, or exemplary damages arising from or relating to your access to or use of (or inability to access or use) our Services, including any damage, loss, or expense from loss of data, profits, goodwill, or other intangible losses, arising out of or relating to these Terms or your use of our Services.

The total liability of Skylight Calendar to you for any claim arising from or relating to these Terms or our Services, regardless of the form of action, is limited to the greater of (a) the total amounts paid by you to Skylight Calendar for access to our paid Services in the 12 months before the date the claim arose; or (b) $100.

The disclaimers, exclusions, and limitations of liability in these Terms form an essential basis of the bargain between you and Skylight Calendar, and, absent any such disclaimers, exclusions, and limitations, the provisions of our Services would be substantially different.

Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply to you. However, in such cases, our liability will be limited to the greatest extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Skylight Calendar and our affiliates, subsidiaries, directors, officers, employees, agents, partners, vendors, and licensors from any claim, liability, damages, losses, costs, or expenses (including attorneys’ fees) that arises from or relates to:

• your access to or use of our Services;
• your User Content;
• your violation of these Terms or applicable law;
• your negligence, willful misconduct, or other act or omission that harms any other person or entity.

We reserve the right, at your expense, to control the defense or settlement of any such claim, and you agree to cooperate with us in defending these claims. You shall not settle any such claim without our prior written consent.

11. Modifications and Termination

We reserve the right to modify these Terms from time to time in our discretion by posting an updated version. Your continued use of our Services constitutes acceptance of any modified Terms. You are responsible for reviewing and becoming familiar with any modifications.

We reserve the right, at any time, without notice and in our sole discretion, to terminate your right to access or use our Services for any or no reason. We are not responsible for any loss or harm related to your inability to access or use our Services after termination.

You may terminate your account and stop using our Services at any time by contacting us at [email protected]. Upon termination, we will make reasonable efforts to delete your information from our databases, but we may retain archived copies as required by law or for legitimate business purposes.

Sections 4, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of these Terms, along with any other provisions that would reasonably be expected to survive termination, shall survive termination of these Terms for any reason.

12. Governing Law and Jurisdiction

These Terms and your access to and use of our Services will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law rules or principles.

Any dispute arising from or relating to these Terms or our Services must be brought exclusively in the state or federal courts located in San Francisco County, California, and both parties consent to venue and personal jurisdiction there.

13. Arbitration Agreement

If you reside in the United States, you agree to resolve any dispute you have with Skylight Calendar through binding individual arbitration rather than in court. This arbitration provision applies to any claims arising out of or relating to these Terms, our Privacy Policy, or our Services, including any question regarding the existence, validity, or termination of this Agreement.

You must first present any claim in writing to us by contacting us at [email protected] and allowing us 60 days to resolve the dispute through negotiations. If we cannot satisfactorily resolve your complaint within that timeframe, then either you or Skylight Calendar may initiate arbitration proceedings.

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and Skylight Calendar agree to engage in good faith efforts to select a single arbitrator within 30 days of initiating arbitration. The arbitration will take place by phone or written submissions unless you request and the arbitrator agrees to hold an in-person hearing in your hometown area.

The arbitrator can only award the same damages and relief that a court could award under applicable law and will issue a reasoned written decision explaining the decision. You and Skylight Calendar agree to split any AAA administrative fees and arbitrator compensation equally.

You and Skylight Calendar further agree that any arbitration will be conducted on an individual basis only. Neither you nor Skylight Calendar may seek any remedy that would affect or rely upon the rights of anyone other than the parties in the arbitration.

You and Skylight Calendar agree that each may bring arbitration claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator cannot consolidate more than one person’s claims, cannot preside over any form of representative or class proceeding, and cannot award class-wide relief.

If any court or arbitrator determines that any provision of this arbitration agreement is invalid or unenforceable, such determination will not invalidate the remaining provisions. This arbitration provision will survive the termination of your contractual relationship with Skylight Calendar.

14. Modifications to Arbitration Provision

We will provide 60-days’ notice of any changes to this arbitration provision. Changes will apply only to any claims made after the 60-day notice period. For any dispute not subject to arbitration you and Skylight Calendar agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in San Francisco County, California.

15. Severability

If any provision or part of these Terms is found illegal, invalid, or unenforceable by any court or regulator, only that particular provision or part shall be ineffective and the remaining provisions will remain unaffected. The illegal, invalid, or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the intention underlying the illegal, invalid, or unenforceable provision.

16. Entire Agreement

These Terms constitute the entire agreement between you and Skylight Calendar regarding their subject matter and supersede any prior agreements regarding the same. The failure to exercise or enforce any right or provision under these Terms does not constitute a waiver of such right or provision.

17. Contact Us

If you have any questions about these Terms, please contact us at [email protected].