SkyLaunch Terms of Service

Last Updated: October 2024

Welcome to SkyLaunch! Please read the following carefully before you access our website or use any of our services.

Acceptance of Terms

The following terms and conditions (hereinafter referred to as the “Terms of Service”) constitute a legally binding agreement between you and SkyInCorp Inc. (d/b/a SkyLaunch) (“SkyLaunch”, “we”, “us” or “our”) that governs your access to and use of www.skylaunch.ca (the “Website”) and our Services (defined below).

Please read these Terms of Service carefully before you use the Website or our Services. We may make changes to these Terms of Service at any time. Any such changes will be effective upon posting of the revised version on our Website (www.skylaunch.ca). It is your responsibility to periodically review these Terms of Service.

By accessing our Website and/or using our Services, you acknowledge that you have read, understood and agree to comply with and be bound by these Terms of Service. In addition, we will treat your continued use of the Website and the Services following any changes or updates to our Terms of Service as your acceptance of such changes.

If you do not agree to our Terms of Service or our Privacy Policy (or any changes thereto), you must not use the Website or our Services. In addition, you agree to comply with all applicable laws and regulations.

User Registration

To use the Website and access the Services, you will be required to register for an account. You must be at least 18 years of age to use the Services. By accessing our Services and by agreeing to these Terms of Service, you warrant and represent that you are at least 18 years of age.

You must provide accurate and complete information during the account registration process, including the email address that you provide to us. Email is our primary means of communicating with our users so you should ensure that your email address is kept up-to-date. See “Communications and Contact Information” below.

You are responsible for maintaining the confidentiality of your account information (such as your login email and password).

Services

SkyLaunch offers online incorporation and related services (the “Services”).

SkyLaunch is not a law firm and we do not provide any legal advice through SkyLaunch. Your usage of SkyLaunch’s Website and Services does not create any lawyer-client relationship between you and any owner or staff of SkyLaunch.

The content on the Website is for general informational purposes only and does not constitute legal advice. You should not rely on, or take or fail to take any action, based upon any information presented on our Website or as part of the Services. In addition, the documents and materials generated through the use of the Services are for general purposes only and we do not represent or warrant that any such documents or materials will be suitable or sufficient for your specific circumstances. If you are unsure, you should consult a legal adviser before proceeding.

As part of our Services, based on the information you provide to us and subject to your consent, you may be encouraged to consult with a corporate law firm such as a SkyLaw Professional Corporation (“SkyLaw”) for legal advice. In contrast to SkyLaunch, SkyLaw is a law firm that is owned and managed solely by LSO licensees and it is regulated by the LSO to the same extent as other law firms. Service protections applicable to legal services provided by SkyLaw is the same as would be available with other law firms including in respect of solicitor-client privilege, disclosure of information, conflicts and statutory complaints.

While SkyLaunch is owned and operated by lawyers and is affiliated with SkyLaw Professional Corporation (“SkyLaw”), it is a separate and distinct entity from SkyLaw. Consequently, your engagement of SkyLaw (or any other legal adviser) is also separate and distinct from your usage of our Website and Services and is subject to its own terms and conditions.

There is no requirement to engage a SkyLaw lawyer in order to use our Website or Services. You are free to engage or consult any lawyer of your own choosing to advise you on the incorporation and any post-incorporation matters.

There may be times when our Services and/or Website are not accessible. We may also update or change our Services and/or Website and any associated functionality or feature. These Terms of Service will continue to apply to all or any part of the Services following such change.

Law Society of Ontario (“LSO”) Disclosures

SkyLaunch is an approved participant in the LSO’s Access to Innovation (“A2I”) program. More information about the A2I program is available at https://lso.ca/about-lso/access-to-innovation. SkyLaunch’s participation in the A2I program, and the LSO’s approval, is limited to specific services (“Approved Services”) set out in the LSO Certificate issued to SkyLaunch, a copy of which may be provided upon request.

There are important limitations and disclosures that apply to SkyLaunch’s Approved Services and the LSO’s approval:

  1. SkyLaunch is not a law firm. Though SkyLaunch may be owned in whole or in part by lawyers, use of the Approved Services does not create a lawyer-client relationship between the you and any owner of SkyLaunch.

  2. Some of the people who manage SkyLaunch may not be lawyers or paralegals licensed and regulated by the LSO.

  3. The LSO has not certified or endorsed the effectiveness of the Services.

  4. Some of the people involved in the provision of Approved Services by SkyLaunch are not LSO licensees. Accordingly, some service protections applicable to legal services provided by an LSO licensee may be different or may not be available, including:

      - any communications with or information provided to SkyLaunch may not be subject to solicitor-client privilege;       - SkyLaunch may be required under law to disclose information provided to it by the consumer, including to authorities or third parties;       - another party involved in the matter may be using the same Approved Services provided by SkyLaunch; and       - there is no statutory complaints process available for the Approved Services.

  1. The LSO shall not be responsible or liable to you for any claims, losses, damages, or matters arising from the advertising of Services, the provision of Approved Services, the non-suitability of the Approved Services for the purposes intended by any consumer, or any other quality, availability, or service issue, failure, or liability of the Services or SkyLaunch.

Fees

Fees for our Services are outlined on our Website and are subject to change. Notice of any change in our fees will be communicated to you through the Website or by email.

You agree to pay all applicable fees associated with the Services you select.

For purposes of processing payments, we use Stripe as a third-party service provider. Before using the Services, you must first review and approve the terms and conditions governing the use of third-party payment processors, which are available at: https://stripe.com/en-ca.

All amounts are expressed in Canadian dollars and applicable taxes apply in addition to all fees charged.

User Responsibilities

You are responsible for ensuring the accuracy of the information provided during the incorporation process and in connection with any other Services you use.

You agree not to, and not to allow third parties to, use our platform for any illegal or unauthorized purpose and, without limiting the generality of the foregoing, you agree that you will not use our Website or access our Services:

  1. for any fraudulent, malicious, harassing, discriminatory or defamatory activity or purpose, or any other activity or purpose that may cause damage to the reputation or goodwill of SkyLaunch or any of its affiliates;

  2. to infringe upon, violate, or encourage the infringement or violation of, the legal rights of others;

  3. for any obscene or immoral purpose;

  4. to gain unauthorized access to, disrupt, or impair the use of the Website and Services, including through the use of computer viruses or malicious code, or any robot, spider or other website indexing technology; or

  5. to disable, interfere with or circumvent any aspect of the Website or Services, software or the equipment used to provide the Website or Services.

SkyLaunch reserves the right to refuse service, terminate accounts, or cancel orders at its discretion.

Intellectual Property

Our Website and all content and materials provided through our Services are the property of SkyLaunch and are protected by intellectual property laws.

You may not reproduce, distribute, or use any of our Website, Services, content or materials without our explicit consent.

Privacy

Our Privacy Policy governs the collection and use of your personal information and is incorporated herein by reference. Please review it to understand how we handle your personal information.

Notwithstanding the foregoing, you acknowledge and agree that SkyLaunch may disclose your personal information to the LSO for the LSO’s purpose of ensuring SkyLaunch’s compliance with the terms of the A2I program and the evaluation of A2I by the LSO.

Third Party Websites

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Disclaimer of Warranties

Our Website and Services are provided on an “as is” and “as available” basis without any warranties, expressed or implied.

Our Services do not constitute legal advice and SkyLaunch does not guarantee the accuracy, completeness, or reliability of the information provided nor do we represent or warrant as to whether any of the Services we provide are fit for any particular purpose other than as expressly stated.

We cannot and do not guarantee or warrant that files or data available for downloading from the website will be free of viruses or other technologically harmful material. You are solely and entirely responsible for your use of the Website and your computer, internet, and data security.

No advice or information, whether oral or written, obtained by you from us or through the Website or our Services shall create any warranty not expressly made herein.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless SkyLaunch, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, successors and assigns (collectively, the “Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms of Service or your use of the Services or Website other than as expressly authorized in these Terms of Service, including, but not limited to, (a) any input errors caused by you, (b) any omissions in the data you provide to us ((a) and (b) collectively, “User Submissions”), and (c) your breach of these Terms of Service.

The foregoing paragraph does not apply to Ontario residents.

Limitation of Liability

To the fullest extent permitted under applicable law, in no event shall the Indemnified Parties be liable to you or any third party for any direct, indirect, incidental, special, or consequential damages (“Damages”) arising out of or in any way connected with the use of our Website or Services including, without limitation, any User Submissions or the failure to meet any tax or regulatory requirements or deadlines.

Without limiting the generality of the foregoing, under no circumstances would SkyLaunch be liable to you or any third party for any losses in an aggregate amount in excess of (a) the total amount previously paid by you to us in the 12-month period preceding the event from which the liability arose, or (b) $2,500, whichever is greater, in each case excluding any disbursements paid on your behalf to government authorities (such as the Ontario Business Registry) in connection with the Services.

The foregoing limitations shall apply even if the Indemnified Parties’ remedies under these Terms of Service fail their essential purpose.

This section sets forth our sole liability and entire obligation and your exclusive remedy for any action that is brought against the Indemnified Parties.

Termination

We reserve the right to terminate or suspend your account and access to our Services immediately if (a) you fail to comply with these Terms of Service or are engaged in illegal or fraudulent use of the Service, (b) you fail to pay in a timely manner for Services rendered after receipt of notice of non-compliance or non-payment, or (c) your payment is not successfully authorized due to expiration of your payment method, insufficient funds, or otherwise.

If we terminate your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and internet protocol address to prevent further registration.

For any other reason not described above, we may terminate your account and access to our Services on 60 days’ prior notice to you.

To terminate your account or the use of our Services, you can contact us at the contact information provided in “Communications and Contact Information” below. You may be billed for any Services rendered but unpaid.

Governing Law

These terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and we agree that Ontario courts shall have exclusive jurisdiction over each of us for the determination of any matters arising out of these Terms of Service.

Communications and Contact Information

Our contact information can be found at https://www.skylaunch.ca/contact.

In the course of providing our Services to you, we will contact you via email and provide any required notices at the email address you provide to us through our Website.

If you have any questions or if you would like to provide feedback, please write to us at the following address:

SkyInCorp Inc. (d/b/a SkyLaunch) 3 Bridgman Avenue Suite 204 Toronto, ON M5R 3V4 Attention: Privacy Officer

We have procedures in place to receive and respond to complaints or inquiries. To discuss our compliance with the Terms of Service or Privacy Policy, please contact us using the contact information listed above.

General

Entire Agreement: The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and SkyLaunch regarding the Website the Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties regarding such subject matter.

Severability: If any part of these Terms of Service is found to be illegal or otherwise unenforceable by any court of competent jurisdiction, that part shall be severed from these Terms of Service and the other provisions shall remain in full force and effect.

Assignment: To the extent permitted by applicable law, we may assign or transfer these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent and we will provide you with notice. You may not assign or transfer these Terms of Service or any of your obligations under these Terms of Service to any other person.

No Waiver: Failure by us to enforce or insist upon the strict enforcement of any of the provisions, terms and conditions contained in these Terms of Service does not mean we have waived any such provision, term or condition.

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