Last Updated: January 1, 2025
Effective Date: January 1, 2025
Welcome to Sky Voyage. These Terms of Service constitute a legally binding agreement between you (the user, whether an individual or an entity) and 阳泉航若商贸有限公司 (the company, also referred to as Sky Voyage, we, us, or our). By accessing or using any services, software, websites, or applications provided by Sky Voyage, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree with any part of these terms, you must immediately cease all use of our services.
This document governs your use of the Sky Voyage platform, including all design, development, consulting, and digital services offered through our website at https://www.skyvoyage.buzz. Please read each section carefully, as they affect your legal rights and obligations.
1.1 By registering for, accessing, browsing, or using any Sky Voyage service, you confirm that you have reached the age of majority in your jurisdiction (typically 18 years or older) and that you possess the legal capacity to enter into this agreement. If you are using the services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms.
1.2 These Terms of Service apply to all users of Sky Voyage, including but not limited to individuals, businesses, developers, designers, clients, and visitors. The terms may be updated or modified by Sky Voyage at any time without prior notice, and such changes will be effective immediately upon posting the revised version on our website. Your continued use of the services after any modification constitutes your acceptance of the updated terms. It is your responsibility to review these terms periodically.
1.3 Sky Voyage reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We may also impose limits on certain features or restrict your access to parts or all of the services without notice or liability. Any waiver of any provision of these terms will be effective only if in writing and signed by an authorized representative of Sky Voyage.
1.4 These terms are divided into sections for readability, but each section is fully enforceable. If any provision is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be severed, and the remaining provisions will remain in full force and effect. The headings are for convenience only and do not affect interpretation.
1.5 You acknowledge that you have not relied on any representations, statements, or promises not expressly contained in these terms. No oral or written information given by Sky Voyage or its representatives shall create a warranty or modify these terms. This agreement constitutes the entire understanding between you and Sky Voyage regarding the subject matter.
1.6 Sky Voyage may assign these terms, or any rights or obligations hereunder, at any time without notice to you. You may not assign or transfer these terms or any of your rights or obligations without our prior written consent. Any attempted assignment in violation of this section is void.
1.7 These terms are binding on you, your heirs, successors, and permitted assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sky Voyage as a result of these terms or your use of the services.
1.8 You understand that Sky Voyage may provide translations of these terms for convenience, but the English version shall govern in all cases. In the event of any conflict between the English version and a translated version, the English version prevails.
1.9 By using our services, you consent to receive communications from us electronically, including via email or through the platform. You agree that all notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
1.10 These terms are effective as of the date you first access or use any Sky Voyage service, and they remain in effect until terminated in accordance with Section 10. Your obligations under sections that by their nature should survive termination (including but not limited to intellectual property, confidentiality, limitation of liability, disclaimer, indemnification, and governing law) will survive any termination.
2.1 Sky Voyage, operated by 阳泉航若商贸有限公司, provides a comprehensive suite of digital services including but not limited to: web design and development, mobile application development, user interface and user experience (UI/UX) design, graphic design, branding, digital marketing, search engine optimization, content creation, software development, consulting, and related technical services. The specific scope of each service will be defined in a separate statement of work, project proposal, or service agreement entered into between you and Sky Voyage.
2.2 Our services are delivered through various channels including our website, email, project management tools, video conferencing, and in-person meetings where applicable. We strive to provide high-quality, professional services that meet or exceed industry standards. However, you acknowledge that the results of our services may depend on factors beyond our control, including your timely provision of feedback, content, approvals, and third-party integrations.
2.3 Sky Voyage reserves the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the services without liability. We are not responsible for any loss or damage arising from such modifications or suspensions.
2.4 You understand that Sky Voyage may use third-party tools, libraries, frameworks, hosting providers, payment processors, and other services to deliver our offerings. While we select reputable partners, we do not guarantee the availability, security, or performance of third-party services. Your use of any third-party services is subject to their respective terms and policies.
2.5 The services are provided on an as-is and as-available basis, subject to the disclaimers and limitations of liability set forth in Sections 7 and 8. Sky Voyage does not guarantee that the services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We may perform maintenance, updates, or repairs that could temporarily affect availability.
2.6 For design and development projects, Sky Voyage will deliver work products according to the milestones and timelines agreed upon in the project scope. Delays may occur due to factors outside our control, including but not limited to client delays, force majeure events, or technical issues. We will communicate any anticipated delays promptly.
2.7 Sky Voyage offers support and maintenance services as specified in your service agreement. Unless otherwise agreed, support is provided during normal business hours (Monday through Friday, 9:00 AM to 6:00 PM China Standard Time) and excludes public holidays. Emergency support may be available at additional cost.
2.8 You acknowledge that Sky Voyage may use your project or brand as a reference or portfolio example, unless you explicitly opt out in writing. We may display your logo, website screenshots, or case studies on our website, marketing materials, or social media. We will not disclose confidential information without your consent.
2.9 Sky Voyage may offer free trials, beta features, or promotional services. Such offerings are provided at our discretion and may be subject to additional terms. We reserve the right to modify or discontinue free trials at any time without liability.
2.10 The services are intended for lawful purposes only. You agree not to use Sky Voyage services for any illegal, fraudulent, or unauthorized activities. We reserve the right to report any suspected illegal activity to relevant authorities and to cooperate fully with law enforcement investigations.
3.1 As a user of Sky Voyage services, you agree to provide accurate, current, and complete information when creating an account, placing an order, or communicating with us. You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You accept full responsibility for all activities that occur under your account.
3.2 You agree to notify Sky Voyage immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information. You must ensure that you log out of your account at the end of each session, especially on shared or public devices.
3.3 You are solely responsible for the content, materials, data, and information you submit, upload, or transmit through our services (your content). You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sky Voyage to use your content as contemplated by these terms and the services.
3.4 You agree not to use Sky Voyage services to: (a) transmit any unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable material; (b) violate any applicable local, national, or international law or regulation; (c) infringe upon the intellectual property rights of others; (d) distribute viruses, malware, or other harmful code; (e) engage in phishing, spamming, or other deceptive practices; (f) interfere with or disrupt the integrity or performance of our services; (g) attempt to gain unauthorized access to our systems or networks; (h) collect or harvest personal information about other users without their consent; (i) engage in any activity that could damage, disable, overburden, or impair our infrastructure.
3.5 You are responsible for obtaining and maintaining any equipment, internet access, software, or other resources needed to access and use our services. Sky Voyage is not responsible for any costs or expenses you incur in connection with your use of the services, including but not limited to internet service provider fees, data charges, or hardware costs.
3.6 You agree to cooperate with Sky Voyage in all matters relating to the services and to provide timely feedback, approvals, and decisions as reasonably requested. Delays in providing such cooperation may affect project timelines and deliverables, and Sky Voyage shall not be liable for any resulting delays or additional costs.
3.7 You acknowledge that you are responsible for backing up your own data and content. While Sky Voyage may implement data backup procedures as part of our services, we do not guarantee that your data will be preserved in all circumstances. You should maintain independent backups of all important information.
3.8 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Sky Voyage services without our express written permission. This includes but is not limited to the use of our proprietary tools, templates, code libraries, or design assets.
3.9 You are responsible for ensuring that your use of Sky Voyage services complies with all applicable export control and sanctions laws, including those of the United States, China, and other relevant jurisdictions. You represent that you are not located in a country subject to trade sanctions or embargoes and that you are not listed on any restricted party lists.
3.10 Sky Voyage reserves the right to suspend or terminate your access to the services if you violate these terms or engage in conduct that we deem harmful to our business, other users, or third parties. We may also remove or refuse to post any content that violates these terms or is otherwise objectionable, without prior notice.
4.1 All intellectual property rights in and to the Sky Voyage platform, including but not limited to our website, software, applications, designs, graphics, text, logos, trademarks, trade names, patents, copyrights, trade secrets, and proprietary methodologies (collectively, Sky Voyage IP), are owned by 阳泉航若商贸有限公司 or our licensors. Nothing in these terms grants you any right, title, or interest in Sky Voyage IP except as expressly provided.
4.2 Subject to your compliance with these terms, Sky Voyage grants you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes or personal use. You may not modify, reverse engineer, decompile, disassemble, or create derivative works based on Sky Voyage IP without our prior written consent.
4.3 For custom design and development projects, the ownership of deliverables (final work products specifically created for you) will be as specified in your service agreement. Unless otherwise agreed in writing, upon full payment of all fees, Sky Voyage assigns to you all rights, title, and interest in the final deliverables, excluding any pre-existing Sky Voyage IP, third-party components, or tools used in the creation process.
4.4 Sky Voyage retains ownership of all pre-existing materials, including but not limited to code libraries, frameworks, templates, design patterns, software tools, and methodologies that we use in providing services. You receive a perpetual, worldwide, non-exclusive license to use such pre-existing materials solely as incorporated into your deliverables and only in connection with the project.
4.5 You grant Sky Voyage a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and display your content and brand materials for the purpose of providing the services to you. This license terminates upon completion of the services, except that we may retain copies for archival, legal, and portfolio purposes as permitted by these terms.
4.6 You represent and warrant that your content and any materials you provide to Sky Voyage do not infringe upon the intellectual property rights of any third party. You agree to indemnify and hold Sky Voyage harmless from any claims arising from your content or your breach of this warranty.
4.7 Sky Voyage respects the intellectual property rights of others. If you believe that any content on our platform infringes your copyright, please notify us with a detailed description of the alleged infringement. We will respond to valid takedown notices in accordance with applicable law.
4.8 The Sky Voyage name, logo, and all related names, design marks, product names, and slogans are trademarks or service marks of 阳泉航若商贸有限公司. You may not use these marks without our prior written permission. All other trademarks appearing on our platform are the property of their respective owners.
4.9 You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing on or in connection with Sky Voyage services. You must maintain all such notices on any copies you are authorized to make.
4.10 Any suggestions, feedback, ideas, or improvements you provide to Sky Voyage regarding our services may be used by us without compensation or obligation to you. You hereby assign all rights in such feedback to Sky Voyage, and we are free to implement, modify, or distribute it as we see fit.
5.1 Confidential information means any non-public information disclosed by one party (the disclosing party) to the other party (the receiving party), whether orally, in writing, or in any other form, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. This includes but is not limited to business plans, financial data, technical specifications, source code, algorithms, customer lists, trade secrets, project details, and proprietary methodologies.
5.2 The receiving party agrees to hold all confidential information in strict confidence and to use it solely for the purpose of performing obligations or exercising rights under these terms or any related service agreement. The receiving party shall not disclose confidential information to any third party without the prior written consent of the disclosing party, except as required by law or court order.
5.3 The receiving party shall protect the confidentiality of the disclosing party's information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care. The receiving party shall limit access to confidential information to those employees, contractors, or agents who have a legitimate need to know and who are bound by confidentiality obligations at least as restrictive as those in this section.
5.4 Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure without confidentiality obligations; (c) is independently developed by the receiving party without use of or reference to the disclosing party's confidential information; or (d) is rightfully obtained from a third party without restriction on disclosure.
5.5 If the receiving party is required by law, regulation, or legal process to disclose confidential information, it shall promptly notify the disclosing party (to the extent permitted by law) and cooperate in seeking a protective order or other appropriate remedy. If such protection is not obtained, the receiving party may disclose only that portion of the information legally required.
5.6 Upon termination of these terms or upon the disclosing party's request, the receiving party shall promptly return or destroy all confidential information in its possession, including all copies and derivatives, and certify in writing that such return or destruction has been completed. The receiving party may retain one copy for legal archival purposes, subject to ongoing confidentiality obligations.
5.7 The obligations of confidentiality set forth in this section shall survive termination of these terms for a period of five (5) years, or indefinitely for trade secrets and other information that retains its confidential character under applicable law.
5.8 Each party acknowledges that a breach of confidentiality could cause irreparable harm for which monetary damages would be inadequate. Accordingly, the non-breaching party is entitled to seek injunctive relief or other equitable remedies without the necessity of posting bond, in addition to any other remedies available at law.
5.9 Sky Voyage may disclose your confidential information to our employees, contractors, and professional advisors (such as lawyers and accountants) who need to know such information in connection with providing services or complying with legal obligations, provided they are bound by confidentiality obligations.
5.10 You agree that Sky Voyage may use your name, logo, and project description in our portfolio, website, and marketing materials as described in Section 2.8, unless you have opted out in writing. This use is not a breach of confidentiality, and you grant us a limited license for such purposes.
6.1 Sky Voyage offers professional design services including web design, graphic design, UI/UX design, branding, and related creative services. These services are provided by skilled professionals who exercise reasonable care, skill, and judgment in accordance with industry standards. However, design is inherently subjective, and Sky Voyage does not guarantee that the final deliverables will meet your subjective aesthetic preferences.
6.2 The scope of design services, including deliverables, timelines, revisions, and acceptance criteria, will be defined in a project proposal or statement of work. Unless otherwise agreed, you are entitled to a reasonable number of revision rounds (typically two to three) as specified in your agreement. Additional revisions may be subject to extra charges at our then-current rates.
6.3 You acknowledge that design projects require your active participation, including providing clear briefs, feedback, content, and approvals. Delays in providing these inputs may extend project timelines and increase costs. Sky Voyage is not liable for any consequences arising from your failure to provide timely cooperation.
6.4 Sky Voyage may incorporate third-party assets (such as fonts, stock images, icons, or plugins) into your deliverables. Unless otherwise specified, you are responsible for obtaining any necessary licenses for such assets, and Sky Voyage will assist in identifying licensing requirements. You agree to comply with all third-party license terms.
6.5 For web development projects, Sky Voyage will build websites using industry-standard technologies and best practices. We strive to ensure cross-browser compatibility, responsive design, and basic search engine optimization. However, we do not guarantee specific rankings on search engines or performance metrics beyond our control.
6.6 Sky Voyage may use content management systems (CMS) such as WordPress, Shopify, or custom solutions. You are responsible for maintaining your CMS, including updates, security patches, and backups, unless ongoing maintenance is included in your service agreement. We recommend regular backups and security audits.
6.7 You acknowledge that design and development projects may involve iterative processes, and final deliverables may differ from initial concepts or mockups. Sky Voyage will use reasonable efforts to align with your vision, but we retain creative discretion over design decisions unless otherwise agreed.
6.8 Sky Voyage does not guarantee that our designs or code will be free from errors, bugs, or vulnerabilities. We will use reasonable efforts to correct any material defects reported within a reasonable time after delivery, as specified in your agreement. This warranty does not apply to issues caused by third-party modifications, your content, or factors outside our control.
6.9 For e-commerce or functionality-specific projects, Sky Voyage will implement features as described in the project scope. We do not guarantee that your website will achieve specific sales, conversion rates, or business outcomes. You are responsible for your own marketing, content, and business strategies.
6.10 Sky Voyage may provide training or documentation for using delivered products. Unless otherwise agreed, training is limited to basic operational guidance. You are responsible for training your staff and users on the proper use of the deliverables.
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKY VOYAGE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SKY VOYAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 WITHOUT LIMITING THE FOREGOING, SKY VOYAGE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM: (A) LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (G) ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE SERVICES OR DELIVERABLES; (H) ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO MAINTAIN CONFIDENTIALITY OF YOUR ACCOUNT CREDENTIALS.
7.3 IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SKY VOYAGE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO SKY VOYAGE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE NOT PAID ANY FEES TO SKY VOYAGE, YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USE OF THE SERVICES AND SEEK A REFUND OF ANY PREPAID BUT UNUSED FEES, IF APPLICABLE.
7.4 THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ACKNOWLEDGE THAT SKY VOYAGE WOULD NOT BE ABLE TO PROVIDE THE SERVICES AT THE PRICED CHARGED WITHOUT THESE LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7.5 SKY VOYAGE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM FORCE MAJEURE EVENTS, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, WAR, TERRORISM, CIVIL UNREST, NATURAL DISASTERS, PANDEMICS, GOVERNMENT ACTIONS, LABOR DISPUTES, POWER OUTAGES, INTERNET SERVICE PROVIDER FAILURES, OR OTHER EVENTS BEYOND OUR REASONABLE CONTROL.
7.6 YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. THIS SHORTENING OF THE STATUTE OF LIMITATIONS IS A MATERIAL TERM OF THESE TERMS.
7.7 THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
7.8 NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
7.9 YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED FOR COMMERCIAL USE AND THAT CONSUMER PROTECTION LAWS MAY NOT APPLY. IF YOU ARE A CONSUMER IN A JURISDICTION THAT MANDATES CERTAIN CONSUMER RIGHTS, THESE TERMS DO NOT PURPORT TO LIMIT THOSE RIGHTS WHERE PROHIBITED BY LAW.
7.10 THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE REASONABLE AND REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL REGARDING THESE TERMS.
8.1 THE SERVICES AND ALL DELIVERABLES PROVIDED BY SKY VOYAGE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR COURSE OF DEALING.
8.2 SKY VOYAGE DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USING THE SERVICES WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR PURPOSES; (D) ANY DEFECTS OR ERRORS IN THE SERVICES OR DELIVERABLES WILL BE CORRECTED; (E) THE SERVICES OR ANY CONTENT, DATA, OR MATERIALS TRANSMITTED THROUGH THE SERVICES WILL BE SECURE OR FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; (F) THE SERVICES WILL BE COMPATIBLE WITH YOUR HARDWARE, SOFTWARE, OR SYSTEMS.
8.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SKY VOYAGE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU RELY ON ANY SUCH ADVICE OR INFORMATION AT YOUR OWN RISK.
8.4 SKY VOYAGE DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR RELIANCE ON THE SERVICES OR DELIVERABLES, INCLUDING BUT NOT LIMITED TO DECISIONS MADE BASED ON DATA, ANALYTICS, OR RECOMMENDATIONS PROVIDED THROUGH THE SERVICES.
8.5 YOU ACKNOWLEDGE THAT THE INTERNET AND DIGITAL PLATFORMS ARE INHERENTLY UNRELIABLE AND MAY BE SUBJECT TO INTERRUPTIONS, DELAYS, SECURITY BREACHES, AND OTHER PROBLEMS. SKY VOYAGE IS NOT RESPONSIBLE FOR ANY SUCH ISSUES OR THEIR CONSEQUENCES.
8.6 SKY VOYAGE DOES NOT WARRANT THAT THE SERVICES OR DELIVERABLES WILL BE COMPATIBLE WITH ALL BROWSERS, DEVICES, OPERATING SYSTEMS, OR PLATFORMS. WE WILL USE REASONABLE EFFORTS TO SUPPORT CURRENT VERSIONS OF MAJOR BROWSERS, BUT WE MAKE NO GUARANTEES.
8.7 ANY CONTENT, MATERIALS, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS.
8.8 SKY VOYAGE DOES NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY CONTENT, PRODUCTS, SERVICES, OR WEBSITES ACCESSED THROUGH OR LINKED TO FROM OUR SERVICES. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THEIR TERMS.
8.9 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, SKY VOYAGE'S WARRANTIES ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8.10 THIS DISCLAIMER IS AN ESSENTIAL PART OF THESE TERMS AND FORMS THE BASIS FOR THE PROVISION OF SERVICES AT THE PRICED CHARGED. YOU ACKNOWLEDGE THAT WITHOUT THESE DISCLAIMERS, THE FEES FOR SERVICES WOULD BE SUBSTANTIALLY HIGHER.
9.1 You agree to indemnify, defend, and hold harmless Sky Voyage, 阳泉航若商贸有限公司, and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys fees and legal costs) arising out of or relating to: (a) your use of the services; (b) your violation of these terms; (c) your violation of any applicable law or regulation; (d) your content or any materials you provide to Sky Voyage; (e) your infringement of any intellectual property or other rights of any third party; (f) any dispute between you and another user or third party; (g) your failure to obtain necessary permissions or licenses for your content; (h) any negligent or wrongful act or omission by you or your representatives.
9.2 Sky Voyage reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims. You may not settle any claim without our prior written consent if such settlement would impose any obligation on Sky Voyage or require an admission of fault.
9.3 You agree to reimburse Sky Voyage for any costs or expenses incurred in connection with enforcing this indemnification obligation, including but not limited to collection costs and legal fees. This indemnification survives termination of these terms and your use of the services.
9.4 If you are using the services on behalf of an entity, you personally agree to indemnify Sky Voyage as set forth in this section, in addition to the entity's obligations. You acknowledge that your individual indemnification is a material inducement for Sky Voyage to provide services.
9.5 Sky Voyage may notify you of any claim subject to indemnification, and you shall promptly respond. Failure to timely respond may result in your waiver of the right to defend the claim, at our option. You shall not admit any liability or make any settlement offer without our consent.
9.6 This indemnification section is not a limitation of liability but an additional remedy available to Sky Voyage. It does not limit any other rights or remedies we may have under these terms or applicable law.
9.7 You agree that your indemnification obligations include claims arising from your employees, contractors, agents, or representatives. You are responsible for ensuring that all persons acting on your behalf comply with these terms.
9.8 In the event of a claim, Sky Voyage may withhold payment of any amounts due to you until the claim is resolved, to the extent reasonably related to the potential liability. We will not unreasonably withhold payments unrelated to the claim.
9.9 You acknowledge that this indemnification is necessary to protect Sky Voyage from the costs of defending against claims that arise from your actions or content. You agree that these provisions are fair and reasonable.
9.10 Sky Voyage reserves the right to seek indemnification from you for any claims brought by third parties, including but not limited to claims for defamation, copyright infringement, trademark infringement, privacy violations, or breach of contract arising from your use of the services.
10.1 These terms shall remain in full force and effect while you use the Sky Voyage services. Either party may terminate these terms at any time, with or without cause, upon written notice to the other party. However, termination does not relieve you of any payment obligations for services already rendered.
10.2 Sky Voyage may suspend or terminate your access to the services immediately, without prior notice or liability, if: (a) you breach any provision of these terms; (b) your conduct could harm Sky Voyage, other users, or third parties; (c) you use the services for illegal or unauthorized purposes; (d) you infringe upon our intellectual property rights; (e) we are required to do so by law; (f) we discontinue the services or a material part thereof; (g) you fail to pay fees when due.
10.3 Upon termination, your right to use the services ceases immediately. You must cease all use of the services and delete or destroy any copies of our proprietary materials in your possession. Sky Voyay may also delete your account and associated data, subject to our data retention policies.
10.4 Termination does not affect any rights or obligations that have accrued prior to termination, including but not limited to payment obligations. Sections that by their nature should survive termination (including Intellectual Property, Confidentiality, Limitation of Liability, Disclaimer, Indemnification, Governing Law, and General Provisions) shall survive.
10.5 If you have prepaid for services that are terminated by Sky Voyage without cause, we will refund the pro-rata portion of prepaid fees for services not yet rendered. No refunds will be provided if termination is due to your breach or if you voluntarily terminate.
10.6 Sky Voyage may retain copies of your content and data after termination as required by law, for legal compliance, or for archival purposes. We may also retain anonymized or aggregated data for analytical purposes.
10.7 You may terminate these terms at any time by discontinuing use of the services and providing written notice to Sky Voyage. However, you remain liable for all fees and obligations incurred before termination.
10.8 Sky Voyage reserves the right to modify or discontinue the services, temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the services.
10.9 Upon termination, you must return or destroy all confidential information of Sky Voyage in your possession. You may retain one copy for legal archival purposes, subject to ongoing confidentiality obligations.
10.10 The parties agree that termination is not an exclusive remedy and that all other remedies available at law or equity remain available. Sky Voyage may also pursue injunctive relief or specific performance in connection with any breach.
11.1 These Terms of Service and any disputes arising out of or relating to them, including their formation, interpretation, breach, termination, or validity, shall be governed by and construed in accordance with the laws of the Peoples Republic of China (PRC), without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
11.2 Any dispute, controversy, or claim arising out of or in connection with these terms, including any question regarding their existence, validity, or termination, shall be resolved through friendly negotiation between the parties. If the dispute cannot be resolved within thirty (30) days of one party notifying the other of the dispute, the dispute shall be submitted to the competent court located in Yangquan, Shanxi Province, China, which shall have exclusive jurisdiction.
11.3 The parties irrevocably submit to the personal jurisdiction of the courts of Yangquan, Shanxi Province, China, for the purpose of any litigation arising out of or relating to these terms. The parties waive any objection to venue in such courts and any claim that such forum is inconvenient.
11.4 Notwithstanding the foregoing, Sky Voyage may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, confidential information, or to enforce compliance with these terms. Such relief may be sought without the necessity of posting bond.
11.5 Any claim or cause of action arising out of or related to these terms must be filed within one (1) year after such claim or cause of action arose, regardless of any statute of limitations to the contrary. Failure to file within this period permanently bars the claim.
11.6 The parties agree that the PRC law governs these terms, but mandatory consumer protection laws in your jurisdiction may apply if you are a consumer and such laws cannot be contractually waived. In such cases, the mandatory protections apply, but all other provisions of these terms remain in effect.
11.7 The parties agree that any litigation shall be conducted in English, or if required by the court, a certified translation shall be provided. The parties waive any right to a jury trial in any proceeding arising out of or relating to these terms.
11.8 Sky Voyage operates from China, and we make no representation that the services are appropriate or available for use in locations outside China. Users who access the services from outside China do so at their own risk and are responsible for compliance with local laws.
11.9 The parties acknowledge that this choice of governing law is reasonable given the location of Sky Voyage's principal place of business and the international nature of the services. You agree that any legal proceedings shall be conducted in accordance with Chinese procedural law.
11.10 Nothing in this section prevents Sky Voyage from seeking interim measures or provisional relief from any court of competent jurisdiction, including but not limited to injunctions to prevent breach of confidentiality or intellectual property rights.
12.1 Entire Agreement. These Terms of Service, together with any service agreements, proposals, statements of work, and privacy policies referenced herein, constitute the entire agreement between you and Sky Voyage regarding the subject matter and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
12.2 Severability. If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed, and the remaining provisions shall continue in full force and effect.
12.3 Waiver. No waiver of any provision of these terms shall be effective unless in writing and signed by the waiving party. Failure to enforce any provision does not constitute a waiver of future enforcement. No single or partial exercise of any right shall preclude further exercise of that or any other right.
12.4 Assignment. You may not assign or transfer these terms or any rights or obligations hereunder, by operation of law or otherwise, without Sky Voyage's prior written consent. Sky Voyage may assign these terms freely without notice. Any attempted assignment in violation of this section is void.
12.5 Notices. All notices under these terms shall be in writing and sent to the addresses set forth in the preamble, or to such other address as a party may designate in writing. Notices shall be deemed given when delivered personally, sent by confirmed email, or three days after deposit with a recognized courier service.
12.6 Force Majeure. Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, natural disasters, pandemics, government actions, labor disputes, power outages, internet failures, or supplier failures. The affected party shall notify the other promptly and resume performance as soon as reasonably possible.
12.7 Relationship. Nothing in these terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Sky Voyage. Neither party has the authority to bind the other or incur obligations on the other's behalf without express written consent.
12.8 Third-Party Beneficiaries. These terms are for the benefit of the parties and their permitted assigns. No third party shall have any rights under these terms, except as expressly stated (such as Sky Voyage's affiliates and indemnitees).
12.9 Interpretation. Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. The words include, includes, and including are deemed to be followed by the phrase without limitation. All references to currency are in US Dollars unless otherwise specified.
12.10 Electronic Signatures. These terms may be executed electronically, and electronic signatures shall be deemed original signatures for all purposes. You agree that your use of the services constitutes your electronic signature to these terms.
13.1 If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation or seek permission to use any Sky Voyage intellectual property, please contact us using the information below. We will make reasonable efforts to respond to your inquiry within a timely manner.
Company Name: 阳泉航若商贸有限公司
Developer / Brand: Sky Voyage
Address: 郊区河底镇河底村怡然小区518号底商, Yangquan - 045000, Shanxi Province, China (CN)
Email: support@skyvoyage.buzz
Phone: +1 (270) 593-2055
Website: https://www.skyvoyage.buzz
13.2 For legal notices or service of process, please use the address above. We accept service of process at our registered address in Yangquan, China. For any urgent legal matters, please also notify us via email with the subject line Legal Notice.
13.3 Sky Voyage values your feedback and suggestions. While we appreciate your input, please understand that we cannot guarantee a response to every inquiry, especially those that are repetitive, abusive, or unrelated to these terms.
13.4 If you are a resident of the European Union or other jurisdiction with specific data protection rights, please refer to our Privacy Policy for information about how we handle your personal data. Our Privacy Policy is incorporated by reference into these terms.
13.5 Sky Voyage may update this contact information from time to time. The most current contact details will always be available on our website. You are encouraged to check for updates periodically.
13.6 For disputes or complaints, we encourage you to contact us first to seek an amicable resolution. We are committed to addressing your concerns in good faith and will work with you to find a fair solution.
13.7 You may also contact us through our website contact form, social media channels, or any other means we make available. However, for formal communications, we recommend using the email address above to ensure proper handling.
13.8 Sky Voyage does not accept unsolicited legal notices or demands sent through any channel other than those listed above. Any such communications may not be considered received until confirmed by us.
13.9 The language of communication for all official matters shall be English, unless otherwise agreed. Translations provided for convenience do not bind Sky Voyage.
13.10 Thank you for choosing Sky Voyage. We look forward to serving you and appreciate your trust in our services.