Skarvo Terms of Use

Updated Jan 21, 2024

1. Acceptance of Terms

By accessing or using Skarvo, you agree to comply with and be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, you may not use the Skarvo app or associated services.

2. Eligibility

You must be at least 12 years old to use Skarvo, as determined by the app’s Age 12+ rating on app stores. By using Skarvo, you represent that you meet this eligibility requirement. Certain features, such as payment-related functions, may require you to be 18 years or older.

3. Safety

Skarvo is designed to prioritize user safety. You agree not to use the app in a way that could endanger yourself or others, such as while driving or in situations that require your full attention. Skarvo is not responsible for harm caused by improper or unsafe use of its features.

We try to make our Skarvo as safe as possible, but we need your help. These Terms and guidelines, and other Skarvo policies contain important information about how to keep the Skarvo and other users safe. And never put yourself or others in harm’s way when using Skarvo. We also care about your physical safety while using our Skarvo. So do not use Skarvo in a way that would distract you from obeying traffic or safety laws. For example, never use Skarvo while driving. And never put yourself or others in harm’s way just to capture a memory or to engage with other Skarvo features.

4. User Accounts

1. Account Creation. You must create an account to access Skarvo’s features. You agree to provide accurate, complete, and current information during the signup process.
2. Account Security. You are responsible for maintaining the confidentiality of your login credentials. All activities conducted under your account are your responsibility.
3. Termination. Skarvo reserves the right to suspend or terminate accounts that violate these Terms of Use, the Privacy Policy, or applicable laws.
4. Transaction Information. Data about purchases of Skarvo products and services or transactions facilitated by Skarvo, including purchases on Skarvo platforms

5. User Conduct

You agree not to engage in any of the following activities while using Skarvo:

1. Illegal or Unauthorized Use. Use Skarvo for any illegal, harmful, or unauthorized purposes.
2. Harmful Content. Post or share content involving violence, gore, hate speech, discrimination, harassment, bullying, nudity, sexual acts, misleading or false information, abusive or exploitative behavior, obscene or explicit language, or other harmful content.
3. CSAM Prevention: Post, share, or distribute content involving child sexual abuse material (CSAM) or any content that exploits or endangers minors. Skarvo monitors and reports such content to relevant authorities in compliance with applicable laws.
   1. If you find a link, website, or any content that is sexually abusive towards children, you should report it to National Center for Missing and Exploited Children They can report the content to the appropriate authorities around the world.
   2. If you suspect a child is in immediate danger in any way, contact the police immediately.
   3. If you need help finding your country, contact INHOPE through their website.
4. Spam and Disruption. Disseminate spam, phishing attempts, or repetitive/irrelevant content that disrupts the app’s intended use.
5. Privacy Violations. Share personal information about others without consent, including photos, videos, or sensitive data.
6. Copyright Infringement or Illegal Content. Upload or share content that infringes on copyrights, trademarks, or other intellectual property rights, or distribute illegal content, including pirated materials or content prohibited by law.
7. Automated Systems. Use automated systems (e.g., bots, crawlers) to interact with Skarvo.
8. Malicious Activity. Upload viruses, malware, or malicious code intended to disrupt or compromise the app’s security.
9. Misuse of Features. Misuse Skarvo features to harm, inconvenience, or interfere with other users or the app’s normal operations.

By using Skarvo, you agree to these guidelines. Violations may result in account suspension, termination, or other actions as deemed necessary by Skarvo.

6. User-Generated Content

1. Ownership. You retain ownership of any content you create or share using Skarvo.
2. Responsibility. You are solely responsible for the content you upload or share, ensuring it does not violate laws or third-party rights.
3. Group Content. Skarvo allows users to upload, edit, and share content within groups. The content shared in groups may include, but is not limited to, messages, photos, videos, notes, lists, calendars, locations, and polls.
   • Group Visibility:
     Content shared in groups is visible to group members based on the group privacy settings, which are managed by the group admins. Admins can control who can post, view, and interact with the content within the group.
   • Responsibilities:
     Skarvo facilitates group sharing but is not responsible for:
     • Missed events, reminders, or notifications.
     • Incorrect locations or inaccuracies in shared information.
     • Miscommunications or other issues arising from group interactions or private personal spaces
   By participating in group sharing, you acknowledge that other group members may access the content you share based on the group’s privacy settings. You are responsible for the accuracy and appropriateness of the content you upload or share within groups.

7. Creators and Brands

Creators and brands retain ownership of their content but grant Skarvo a license to use it for operational purposes, such as displaying it in the "For You" tab for subscribers.

Skarvo reserves the right to review or remove content that violates its policies.

8. Subscriptions and Payments

Certain features, such as Skarvo Plus or channel subscriptions, require payment. Payments are processed via Apple’s StoreKit, Google Play Billing, or Stripe for creators and brands.

By purchasing a subscription or making in-app purchases, you agree to pay the applicable fees. Skarvo reserves the right to modify pricing, with notice provided for changes.

9. Content Availability

Content from creators and brands may change or become unavailable without notice. Skarvo is not liable for such changes.

10. Privacy and Data Collection

Your privacy is a top priority. Refer to our Privacy Policy for details on how we collect, process, and protect your data. Skarvo primarily stores user data locally on devices, except during transit or for specific features.

11. Intellectual Property

Skarvo Ownership

All software, trademarks, and intellectual property associated with Skarvo are the exclusive property of Skarvo Inc. This includes, but is not limited to, the app’s software, branding, logos, icons, user interface elements, product or brand look and feel, designs, photographs, videos, and any other materials Skarvo makes available.

You may not copy, modify, distribute, or otherwise use Skarvo’s intellectual property without prior written consent. Specifically, you may not:

• Copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, create derivatives of, or otherwise use Skarvo or its content without authorization.
• Create another account if your account has been disabled or banned without explicit consent from Skarvo.
• Access Skarvo through unauthorized third-party applications or solicit login credentials from other users.
• Buy, sell, rent, or lease access to your Skarvo account.
• Reverse engineer, duplicate, decompile, disassemble, decode, or extract the source code of Skarvo’s software.
• Use automated systems such as robots, spiders, crawlers, or scrapers to access Skarvo or extract user information.
• Use or develop third-party applications that interact with Skarvo or its users’ content without prior written consent.
• Use Skarvo in ways that disrupt, negatively affect, or impair its functionality or other users’ experience.
• Upload viruses, malware, or malicious code, or compromise the security of Skarvo.
• Attempt to bypass content-filtering techniques, access unauthorized areas, or probe Skarvo’s systems or networks for vulnerabilities.

User Content

Ownership: You retain ownership of all content you create or share on Skarvo, such as messages, photos, videos, notes, lists, and other media.

Responsibility: You are solely responsible for ensuring your content complies with applicable laws and does not infringe on third-party rights. Skarvo does not guarantee the accuracy, completeness, legality, or quality of your content.

For privacy and security reasons:

• Skarvo does not store private personal content (e.g., personal notes, shared group content) on its servers beyond what is temporarily required to deliver the content to its intended recipient.
• User content is stored locally on devices, and group content is stored on the devices of respective group members once successfully transferred.
• Skarvo strongly recommends users back up their content to their personal cloud services, such as iCloud for iOS or Google Drive for Android, to prevent data loss.

Creators and Brands

Creators and brands retain ownership of the content they create but grant Skarvo a license to use and display such content for operational purposes. By posting content, creators and brands:

• Allow Skarvo and its users to use, display, and promote the content as necessary to provide app functionality.
• Permit other users to view and, in some cases, interact with or use publicly available content.

While Skarvo reserves the right to moderate, review, or remove content that violates its terms or policies, it does not review all content. As such, Skarvo cannot guarantee compliance by creators and brands with these terms, content guidelines, or other policies. Creators and brands remain solely responsible for the content they post, including its accuracy, legality, and appropriateness.

12. Mobile Data Charges

You are responsible for any mobile data or service charges incurred while using Skarvo.

13. Third-Party Services and Links

Skarvo may include links to third-party services or integrate third-party APIs to enhance functionality and user experience. These services may include, but are not limited to:

• Payment Processors (e.g., Stripe, Apple In-App Purchases, Google Play Billing) for managing subscriptions and transactions.
• Cloud and Analytics Services (e.g., Google Cloud, Firebase Analytics, and Firebase Crashlytics) for app functionality, analytics, and crash reporting.
• Identity Verification Services (e.g., Stripe) for creators and brands during onboarding.

Skarvo is not responsible for the availability, security, or content of these third-party services. Your use of such services is governed by their respective terms and policies, and any interaction with them is at your own risk.

Trademarks and Ownership

All brand names, logos, and/or trademarks associated with third-party services linked in the app are the property of their respective owners and are used for identification purposes only. The inclusion of links or references to third-party brands, products, or services does not imply endorsement, sponsorship, or affiliation with Skarvo.

Skarvo encourages users to review the terms, policies, and privacy practices of any third-party services before engaging with them.

14. Termination of Service.

Skarvo reserves the right to modify or discontinue, temporarily or permanently, any aspect of the Service without notice. Skarvo is not liable for any damages resulting from changes to the Service. You agree not to create any account if we have previously removed or banned you or your account from Skarvo, unless we consent otherwise.

15. Disclaimer of Warranties.

Skarvo is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not guarantee that Skarvo will be error-free, secure, or uninterrupted.

16. Limitation of Liability

To the maximum extent permitted by law, Skarvo Inc., along with its managing members, shareholders, employees, affiliates, licensors, agents, and suppliers, will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses. This limitation applies whether such damages are incurred directly or indirectly and includes, but is not limited to, damages arising from:

• (a) Your access to or use of, or inability to access or use, Skarvo and its services.
• (b) The conduct or content of other users, creators, brands, or third parties on or through Skarvo.
• (c) Unauthorized access, use, or alteration of your content, even if we have been advised of the possibility of such damages
• (d) Errors, inaccuracies, or missed events or notifications within the app.

Skarvo is not responsible for the accuracy or reliability of user-generated content, group interactions, or third-party services integrated with the app.

In no event will Skarvo’s aggregate liability for all claims related to its services exceed the greater of $100 USD or the total amount you paid to Skarvo in the 6 months preceding the event giving rise to the claim.

You agree that this limitation of liability is a material term of these Terms of Use and reflects the allocation of risk between you and Skarvo.

17. Indemnification

You agree to indemnify, defend, and hold harmless Skarvo, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to:

• (a) Your access to or use of Skarvo, including any products or services provided by third parties in connection with Skarvo, whether recommended, made available, or approved by Skarvo.
• (b) The content you create, share, or post on Skarvo, including any claims of infringement, violation of intellectual property rights, or other rights of third parties.
• (c) Your violation of these Terms of Use, our Privacy Policy, or any applicable law or regulation.
• (d) Your negligence, misconduct, or willful actions that result in harm to Skarvo, its users, or any third party.

You agree to indemnify and hold Skarvo, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Skarvo by any third party due to or arising out of or in connection with your use of the app.

You agree to cooperate fully in the defense of any claim brought against Skarvo. Skarvo reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree not to settle any matter without Skarvo’s prior written consent.

18. Governing Law

These Terms of Use and any disputes arising from or related to your access to or use of Skarvo will be governed by and construed in accordance with the laws of the United States and the laws of the State of California, without regard to its conflict of laws provisions.

You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any disputes. You also waive any objections to jurisdiction, venue, or the inconvenience of such courts.

19. Changes of Terms

We may update these Terms of Use periodically. Continued use of Skarvo after changes constitutes acceptance of the updated Terms. The information contained in this document is subject to change without notice.