Terms of Service

1. Acceptance of Terms

By accessing or using the Skyniss application ("App"), you confirm that you are at least 18 years old and agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines. If you do not agree, do not use the App.

By creating an account, you acknowledge that your acceptance of these Terms is recorded along with the date, time, and version of the Terms you accepted. This record is maintained for legal compliance purposes.

2. Description of Service

2.1 Skyniss is a social platform that enables users to discover, connect, and communicate with other users. Features include user profiles, location-based discovery, messaging, and connection requests. The App facilitates introductions between users who may choose to meet in person.

2.2 SERVICE AVAILABILITY AND CHANGES: We may modify, suspend, limit, or discontinue any feature or functionality of the App at any time, with or without notice, at our sole discretion. We may impose limits on certain features, restrict access to parts of the App, or discontinue the App entirely. We are not liable to you or any third party for any modification, suspension, or discontinuation of the App or any feature.

2.3 NO GUARANTEE OF CONNECTIONS: Skyniss provides a platform for discovery and communication, but we do not guarantee that you will find connections, matches, friendships, dates, relationships, or any specific outcome through the App. The success of any interaction depends on the users involved and is beyond our control.

2.4 GEOGRAPHIC AVAILABILITY AND WAITLIST: Skyniss is currently available only to users physically located within a defined launch area, presently a forty (40) mile radius from downtown Austin, Texas. We expand to additional areas at our sole discretion and on a timeline we do not guarantee. If you attempt to register from outside the current launch area, we will not create an account for you; instead, with your consent (granted by your acceptance of these Terms and our Privacy Policy at registration), we will record limited information necessary to add you to a waitlist and to notify you when Skyniss becomes available in your area, as further described in our Privacy Policy. The launch area, eligibility criteria, and waitlist mechanism may change at any time without notice.

3. User Accounts and Eligibility

3.1 You must be at least 18 years old to create an account.

3.2 You agree to provide accurate, current, and complete information during registration.

3.3 You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

3.4 You may not use the App if you are prohibited from doing so under applicable law. Skyniss may suspend or permanently terminate any account found to be in violation of these Terms, including misrepresentation of age or eligibility requirements.

4. User Conduct and Responsibilities

4.1 You agree to use the App in compliance with all applicable laws and regulations.

4.2 You are solely responsible for your interactions with other users, both within and outside the App.

4.3 You will not harass, abuse, stalk, threaten, defame, or otherwise infringe upon the rights of others.

4.4 You will not post or transmit illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable content.

4.5 You will not impersonate any person or entity or misrepresent your identity.

4.6 You will not use the App for commercial purposes without prior written consent.

4.7 You will not attempt to gain unauthorized access to the App or its systems.

4.8 Prohibited Content and Activities

The following content and activities are strictly prohibited on Skyniss. Violations will result in immediate account termination and may be reported to law enforcement:

• (a) Sexual content involving minors or any content that exploits, endangers, or sexualizes minors in any way. Skyniss has zero tolerance for child sexual abuse material (CSAM).
• (b) Prostitution, escort services, sexual solicitation, or any exchange of sexual services for money, goods, or favors.
• (c) Pornographic or sexually explicit content, including nude photos, sexual acts, or graphic sexual material.
• (d) Threats of violence, harassment, bullying, intimidation, or any content intended to harm, frighten, or distress others.
• (e) Doxxing, which includes sharing or threatening to share another person's private information (such as home address, phone number, workplace, or financial information) without their consent.
• (f) Extortion, blackmail, or any attempt to coerce another user through threats of exposure, harm, or embarrassment.
• (g) Revenge porn or non-consensual intimate images, including sharing or threatening to share intimate photos or videos of another person without their consent.
• (h) Impersonation, fake profiles, catfishing, or misrepresenting your identity, including using another person's photos or pretending to be someone you are not.
• (i) Scams, fraud, phishing, or any attempt to deceive users for financial gain or to obtain personal information.
• (j) Promotion, sale, or facilitation of illegal drugs, controlled substances, or drug paraphernalia.
• (k) Human trafficking, exploitation, or any activity that facilitates the abuse or exploitation of others.
• (l) Hate speech, discrimination, or content that promotes violence or hatred against individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic.

Users who encounter prohibited content should report it immediately using the in-app Report feature or by contacting [email protected].

5. Real-World Interactions & Safety Disclaimer

5.1 Skyniss facilitates introductions and communication between users but does not conduct background checks or verify the identity, intent, character, or conduct of users. Skyniss is a social discovery platform and does not guarantee romantic or personal outcomes; we are not a matchmaking service or background check service.

5.2 Any interactions that occur outside the App, including in-person meetings, are solely the responsibility of the users involved. You acknowledge that meeting people you do not know in person carries inherent risks, and you agree to exercise caution, personal judgment, and common sense when interacting with others.

5.3 ASSUMPTION OF RISK: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SKYNISS, ITS PARENT, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS ARE NOT RESPONSIBLE OR LIABLE FOR ANY HARM, INJURY, ASSAULT, ABUSE, EMOTIONAL DISTRESS, FINANCIAL LOSS, PROPERTY DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, WHETHER PHYSICAL, MENTAL, FINANCIAL, OR OTHERWISE, THAT MAY RESULT FROM YOUR INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR OFFLINE. THIS INCLUDES BUT IS NOT LIMITED TO HARM CAUSED BY OTHER USERS' ACTIONS, DECEPTION, MISREPRESENTATION, FRAUD, CRIMINAL CONDUCT, OR ANY OTHER CONDUCT WHATSOEVER.

5.4 SAFETY RECOMMENDATIONS: We strongly recommend that you: (a) meet in public places; (b) inform a trusted friend or family member of your plans; (c) provide your own transportation; (d) trust your instincts and leave any situation that feels unsafe; (e) never send money or share financial information with users you have met through the App; (f) report suspicious or harmful behavior immediately.

5.5 NO EMERGENCY SERVICES: Skyniss is not an emergency service and should not be used to seek or provide emergency assistance. If you are in danger or witness someone in danger, contact your local emergency services (911 in the United States) or the appropriate authorities. Do not rely on Skyniss, its messaging features, its support team, or any other user of the App for emergency response. The App is not designed for, and should not be used as, a substitute for emergency services.

6. Content and Intellectual Property

6.1 You retain ownership of content you post but grant Skyniss a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute such content within the App for the purpose of operating and improving the service.

6.2 You represent that you have all necessary rights to the content you post and that it does not violate any third-party rights.

6.3 Skyniss and its logos, designs, and features are protected by intellectual property laws and may not be used without permission.

7. Copyright Infringement and DMCA Policy

7.1 Skyniss respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

7.2 If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• (a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• (b) Identification of the copyrighted work claimed to have been infringed;
• (c) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (such as the username of the account or a description of where the content appears);
• (d) Your contact information, including your address, telephone number, and email address;
• (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• (f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

7.3 Submit copyright infringement notices to: [email protected] with the subject line "DMCA Takedown Request" or use the Contact Us feature in the App and select the appropriate category.

7.4 REPEAT INFRINGER POLICY: Skyniss will terminate the accounts of users who are determined to be repeat infringers. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had content removed from the App more than twice. Skyniss reserves the right to terminate any account at its sole discretion, including after a single instance of infringement.

7.5 COUNTER-NOTIFICATION: If you believe that your content was removed by mistake or misidentification, you may submit a counter-notification to [email protected] containing: (a) your physical or electronic signature; (b) identification of the material that was removed and its location before removal; (c) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake; (d) your name, address, and phone number, and a statement that you consent to the jurisdiction of the United States District Court for the Western District of Texas (Austin Division) and that you will accept service of process from the person who provided the DMCA notice (or their agent).

8. Location Services

8.1 The App may use your device's location services to provide location-based features.

8.2 By enabling location services, you consent to the collection and use of your location data as described in our Privacy Policy.

8.3 You may disable location services through your device settings, though this may limit App functionality.

9. Communication, Reporting, and Moderation

9.1 Skyniss provides messaging features to facilitate communication between users.

9.2 You are solely responsible for the content of your messages and interactions.

9.3 USER REPORTING AND BLOCKING TOOLS: The App provides built-in tools that allow you to (a) report users, content, and messages that violate these Terms or the Community Guidelines, and (b) block other users from contacting you or viewing your profile. You are encouraged to use these tools whenever you encounter content or behavior that violates these Terms or makes you uncomfortable.

9.4 SOLE DISCRETION TO MODERATE: Skyniss reserves the right, but is not obligated, to monitor, review, remove, restrict, hide, demote, limit visibility of (including but not limited to reducing the appearance of an account in discovery or search results), or take any other action with respect to any content, account, or user activity, at our sole discretion and without notice. We may use automated systems and human review to detect and address violations.

9.5 RESPONSE TIME: We aim to review reports of prohibited content within twenty-four (24) hours of submission. Response times may vary based on report severity and our resources. Severe violations (such as CSAM, threats of violence, or imminent harm) are prioritized for immediate review.

9.6 NO GUARANTEE OF SAFETY OR MODERATION: While we work to maintain a safe community, we cannot and do not guarantee that all users follow our rules, that prohibited content will be detected or removed before others see it, or that you will be safe from harmful interactions. Moderation actions are taken at our sole discretion and we are not obligated to take any specific action in response to a report. You use the App at your own risk.

10. Termination & Account Deletion

10.1 You may request account deletion at any time through the App settings or by contacting support.

10.2 Skyniss may suspend or terminate your account at any time, at its sole discretion, for violations of these Terms, the Community Guidelines, or applicable law, with or without notice.

10.3 Upon termination, your license to use the App ceases immediately.

10.4 DATA RETENTION AFTER DELETION: When you delete your account, your personal information (such as name, email, phone number, photos, and messages) will be deleted or anonymized within thirty (30) days of your request, except where retention is required for legal compliance, fraud prevention, ongoing investigations, or existing backup systems which are purged on their regular cycle (typically within 90 days). Certain non-personal records are retained for legal compliance, fraud prevention, and safety purposes. These retained records include: (a) a log of your agreement to these Terms, Privacy Policy, and Community Guidelines; (b) the date and time of account creation and deletion; (c) technical identifiers such as IP address and device information at signup. These records do not contain your name, email, phone number, or profile content after deletion, and are retained for up to seven (7) years as required for legal compliance.

11. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. SKYNISS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SKYNISS DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, NOR THAT ANY DEFECTS WILL BE CORRECTED.

12. Limitation of Liability

To the maximum extent permitted by law, Skyniss shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of the App or interactions with other users. In no event shall Skyniss's total cumulative liability to you for any claims arising out of or relating to these Terms or the App exceed one hundred U.S. dollars ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless Skyniss, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the App, your interactions with other users, your content, or your violation of these Terms.

14. Dispute Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

14.1 INFORMAL RESOLUTION: Before filing any claim against Skyniss, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. We will work in good faith to resolve any issue within sixty (60) days of receiving your written notice.

14.2 BINDING INDIVIDUAL ARBITRATION: If informal resolution fails, you and Skyniss agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or your use of the App (a "Dispute") shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Travis County, Texas, or remotely by video or telephone, in the English language. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

14.3 EXCEPTIONS TO ARBITRATION: Notwithstanding Section 14.2, (a) either party may bring an individual claim in small claims court if the claim qualifies; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14.4 CLASS ACTION WAIVER: YOU AND SKYNISS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.5 30-DAY OPT-OUT RIGHT: You may opt out of the arbitration agreement and class action waiver in Sections 14.2 and 14.4 by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your notice must include your full name, the email or phone number associated with your account, and a clear statement that you wish to opt out of the arbitration agreement and class action waiver. If you opt out, neither you nor Skyniss will be bound by the arbitration agreement or class action waiver. Opting out will not affect any other provision of these Terms.

14.6 VENUE FOR NON-ARBITRABLE CLAIMS: For any claims that are not subject to arbitration, the parties agree to the exclusive jurisdiction of, and exclusive venue in, the state courts in Travis County, Texas, or the United States District Court for the Western District of Texas (Austin Division).

14.7 SEVERABILITY OF ARBITRATION PROVISIONS: If any portion of this Section 14 is found to be unenforceable, the remaining portions shall remain in full force and effect, except that if the Class Action Waiver in Section 14.4 is found unenforceable as to a particular claim, that claim shall be severed and proceed in court, while the remainder of Section 14 continues to apply to all other claims.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 14.

16. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms, together with the Privacy Policy and Community Guidelines, constitute the entire agreement between you and Skyniss regarding your use of the App and supersede any prior agreements.

17. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you through the App or by other means. Your continued use of the App after such notification constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App.

18. Contact Information

For questions about these Terms, please contact us through the App's Contact Us feature or by email at [email protected].