SkyRig Terms of Service

Last Updated: October 7, 2025

Effective Date: October 7, 2025

Welcome to SkyRig! These Terms of Service ("Terms") govern your use of our cloud gaming and cloud computing services provided by SkyRig Cloud Computing Inc. ("SkyRig," "we," "us," or "our").

By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please do not use SkyRig.

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1. Acceptance of Terms

By creating an account or using SkyRig's services, you confirm that you have read, understood, and agreed to these Terms, as well as our Privacy Policy. Your continued use of our services constitutes acceptance of any updates to these Terms.

We will notify you of material changes via email or through our service interface at least 30 days before they take effect.

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2. Service Description

SkyRig provides cloud-based virtual machines (VMs) optimized for gaming, content creation, AI/ML workloads, and other computing tasks. Our services include:

Access to gaming-optimized and datacenter GPUs through third-party infrastructure providers
Pay-as-you-go billing based on hourly usage
Storage solutions billed separately
Real-time VM management and monitoring

Third-Party Infrastructure Providers:

SkyRig operates as a platform that provisions infrastructure from third-party providers including TensorDock and Amazon Web Services (AWS). While we manage the platform and user experience, the underlying infrastructure is provided by these partners. Their respective terms of service also apply to your use of their infrastructure through our platform.

Service Limitations:

We do not guarantee specific hardware availability at all times
GPU and VM configurations are subject to provider availability
Performance may vary based on location, network conditions, and provider infrastructure

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3. User Accounts

### 3.1 Account Creation

To access our services, you must:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Be at least 13 years of age (see Section 13 for age requirements)
Keep your login credentials secure and confidential
Accept full responsibility for all activity under your account

### 3.2 Account Security

You must:

Use a strong, unique password
Enable two-factor authentication if available
Notify us immediately at support@skyrig.cloud of any unauthorized access or security breach
Not share your account credentials with others

### 3.3 Account Suspension or Termination

We reserve the right to suspend or terminate accounts that:

Provide false, misleading, or incomplete information
Violate these Terms or our Acceptable Use Policy
Engage in fraudulent or illegal activity
Remain inactive for extended periods with outstanding violations

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4. Acceptable Use Policy

### 4.1 Prohibited Activities

You agree not to use SkyRig for:

Illegal Activities:

Any activity that violates local, provincial, federal, or international law
Distributing, hosting, or accessing illegal content
Fraud, identity theft, or financial crimes

Resource Abuse:

Cryptocurrency mining, blockchain validation, or similar operations without explicit written permission
Distributed denial-of-service (DDoS) attacks or network flooding
Port scanning, vulnerability scanning, or penetration testing without authorization
Activities that degrade service performance for other users

Security Violations:

Distributing malware, viruses, ransomware, or malicious code
Attempting to gain unauthorized access to our systems or other users' accounts
Circumventing security measures or authentication systems
Reverse engineering our platform or services

Intellectual Property Violations:

Infringing on copyrights, trademarks, patents, or trade secrets
Hosting or distributing pirated software, games, media, or content
Unauthorized commercial use of copyrighted materials

Service Resale:

Reselling, redistributing, or sublicensing our services without written authorization
Operating competing services using our infrastructure

Other Prohibited Uses:

Harassment, abuse, or threatening behavior toward others
Spamming, phishing, or unsolicited bulk communications
Any activity we reasonably deem harmful, abusive, or disruptive

### 4.2 Cryptocurrency Mining Policy

Cryptocurrency mining is prohibited due to the resource-intensive nature of such operations and their impact on service quality for other users. We actively monitor for mining activity and will immediately terminate accounts found in violation. Exceptions may be granted in writing for legitimate research or development purposes.

### 4.3 Monitoring and Enforcement

We reserve the right to:

Monitor resource usage patterns to detect violations
Investigate suspected violations of this policy
Suspend or terminate services immediately for serious violations
Cooperate with law enforcement investigations
Take any other action we deem necessary to protect our services and users

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5. Billing, Payment & Refunds

### 5.1 Pricing Model

Pay-As-You-Go: Services are billed hourly based on actual usage
Prepaid Credits: You must maintain sufficient account credits to use our services
Pricing Transparency: All prices are listed in USD on our website
Price Changes: We reserve the right to modify pricing with 30 days' notice via email

### 5.2 Billing Components

Your usage costs may include:

VM instance hourly rates (varies by GPU/CPU configuration)
Storage costs (billed separately)
Network egress fees (AWS instances only, as applicable)
Any applicable taxes based on your location

### 5.3 Payment Terms

All payments must be made in advance via account credits
We accept major credit cards, debit cards, and other payment methods as displayed
You authorize us to charge your payment method for credit purchases
Credits are non-transferable between accounts

### 5.4 Credit Expiration

Credits expire after 120 days (4 months) of account inactivity
"Inactivity" means no VM usage or account login
We will send email reminders 30 days and 7 days before credit expiration
Expired credits are forfeited and cannot be recovered

### 5.5 Service Suspension for Non-Payment

Services will automatically suspend when account credits reach zero
Running VMs will be stopped to prevent additional charges
You have 7 days to add credits and resume services
After 7 days, suspended VMs and associated data may be deleted

### 5.6 Refund Policy

Eligible Refunds:

Unused credits within 30 days of purchase (minus any usage)
Service failures or outages exceeding our SLA (see Section 7)
Billing errors or unauthorized charges
Account termination by SkyRig for reasons other than Terms violations

Refund Process:

Submit refund requests to support@skyrig.cloud with your account details
Refunds are processed within 10 business days of approval
Refunds are issued to the original payment method
Pro-rated refunds are calculated based on unused credits at time of request

Non-Refundable:

Credits used for services already consumed
Credits purchased more than 30 days ago (unless service failure)
Expired credits due to account inactivity
Credits forfeited due to Terms violations

### 5.7 Disputed Charges

If you dispute a charge:

Contact us at support@skyrig.cloud within 60 days of the charge
Provide transaction details and reason for dispute
We will investigate and respond within 15 business days
Chargebacks without prior contact may result in account suspension

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6. Service Availability & Maintenance

### 6.1 Service Availability

We strive to provide reliable, high-availability services but cannot guarantee uninterrupted access. Service interruptions may occur due to:

Scheduled maintenance (announced in advance when possible)
Emergency maintenance or security updates
Third-party provider outages (TensorDock, AWS, internet backbone issues)
Force majeure events (see Section 15)
Network congestion or routing issues

### 6.2 Scheduled Maintenance

We will provide at least 48 hours' notice for planned maintenance when possible
Maintenance windows will be announced via email and our status page
We will attempt to schedule maintenance during low-usage periods
Emergency security updates may be applied with minimal notice

### 6.3 Service Credits for Outages

If SkyRig experiences unscheduled downtime exceeding our Service Level Agreement:

99% monthly uptime: 5% service credit for affected services
95-99% monthly uptime: 10% service credit
Below 95% monthly uptime: 25% service credit

Service Credit Terms:

Credits apply only to platform-level outages (not third-party provider issues)
You must request credits within 30 days via support@skyrig.cloud
Credits are applied as account balance, not cash refunds
Maximum credit: 25% of monthly spending on affected services

### 6.4 Third-Party Provider Limitations

SkyRig is dependent on third-party infrastructure providers. We are not responsible for:

Outages or performance issues originating from TensorDock, AWS, or other providers
Hardware failures at provider facilities
Network routing or connectivity issues beyond our control
Provider maintenance windows or policy changes

We will make reasonable efforts to communicate provider-related issues and work with providers to restore services quickly.

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7. Data, Content & Privacy

### 7.1 Data Ownership

You retain full ownership of all data, files, and content you store or process on SkyRig VMs
We claim no ownership rights to your data
Your data remains yours even while stored on our platform

### 7.2 Our Access to Your Data

We only access your data when:

Necessary for service provision: Troubleshooting, technical support (with your consent)
Required by law: Court orders, subpoenas, or legal obligations
Security incidents: Investigating potential Terms violations or security threats
With your explicit permission: When you grant support access for assistance

We will never sell, rent, or share your personal data or content with third parties for marketing purposes.

### 7.3 Data Privacy & Protection

Your privacy is important to us. Please review our comprehensive Privacy Policy for details on:

What information we collect and why
How we use and protect your data
Your rights under PIPEDA and other privacy laws
Cookie usage and tracking
Data retention policies

### 7.4 Data Security

We implement industry-standard security measures including:

Encryption in transit (TLS/SSL)
Encrypted storage for sensitive data
Access controls and authentication systems
Regular security audits and updates
Incident response procedures

However, no system is 100% secure. You are responsible for:

Maintaining secure passwords
Protecting your own data through backups
Using encryption for sensitive information
Following security best practices on your VMs

### 7.5 Data Backup & Recovery

Your Responsibility:

SkyRig does not automatically back up VM data or storage
You are solely responsible for backing up your data
We recommend regular backups to external storage
Deleted or lost data may be unrecoverable

No Recovery Guarantee:

We do not guarantee data recovery after deletion, corruption, or loss
Hardware failures may result in permanent data loss
Terminated or suspended VMs may have data deleted without recovery options

### 7.6 Data Breach Notification

In accordance with PIPEDA, if a data breach occurs that poses a real risk of significant harm:

We will notify affected users as soon as feasible
Notification will include the nature of the breach and steps you should take
We will report breaches to the Privacy Commissioner of Canada as required by law
We will take reasonable steps to mitigate harm and prevent future breaches

### 7.7 Data Retention & Deletion

Active Accounts:

Data persists for the lifetime of your account or until you delete it
Deleted VMs and storage are permanently removed within 30 days

Account Termination:

Upon account termination (by you or us), all personal data is scheduled for permanent deletion
Deletion occurs within 30 days to allow for any outstanding disputes or legal matters
Some data may be retained longer if required by law or for legitimate business purposes (e.g., billing records)

Right to Deletion:

You may request immediate data deletion at any time by contacting support@skyrig.cloud
We will comply with deletion requests within 30 days unless legally required to retain data

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8. Intellectual Property

### 8.1 SkyRig Intellectual Property

All SkyRig branding, logos, website design, software code, platform features, and documentation are owned by SkyRig or our licensors and protected by copyright, trademark, and other intellectual property laws.

You may not:

Copy, modify, or distribute our platform code or design
Use our trademarks or branding without written permission
Reverse engineer or decompile our software
Create derivative works based on our services

### 8.2 Your Content & License Grant

By uploading or storing content on SkyRig, you grant us a limited license to:

Store, transmit, and display your content as necessary to provide services
Perform technical operations (backups, format conversion, compression)
Comply with legal obligations or protect our rights

This license terminates when you delete your content or terminate your account.

### 8.3 User Responsibility for Content

You represent and warrant that:

You own or have proper licenses for all content you upload
Your content does not violate any third-party intellectual property rights
You have the right to grant us the license described above

You agree to indemnify SkyRig against any claims arising from your content or use of our services.

### 8.4 Copyright Infringement (DMCA)

SkyRig respects intellectual property rights. If you believe content on our platform infringes your copyright:

Send a notice to support@skyrig.cloud with:
Your contact information
Description of the copyrighted work
Location of the infringing material (VM identifier, user account)
Statement of good faith belief
Statement of accuracy and authority to act
Your physical or electronic signature

We will investigate valid claims and take appropriate action, which may include content removal and account termination for repeat infringers.

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9. Limitation of Liability

### 9.1 Service "As-Is"

SkyRig services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

Warranties of merchantability or fitness for a particular purpose
Warranties of uninterrupted or error-free operation
Warranties regarding security, accuracy, or reliability

### 9.2 Limitation of Damages

To the maximum extent permitted by law, SkyRig and its officers, directors, employees, and agents shall not be liable for:

Indirect, incidental, consequential, special, or punitive damages
Loss of profits, revenue, data, goodwill, or business opportunities
Service interruptions or data loss
Third-party actions or content
Unauthorized access to your account or data
Errors, bugs, or defects in our services
Any damages arising from your use or inability to use our services

Maximum Liability:

In any event, our total liability to you for all claims arising from your use of SkyRig shall not exceed the amount you paid us in the 3 months preceding the claim, or CAD $100, whichever is greater.

### 9.3 Exceptions

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms excludes or limits our liability for:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded by law

### 9.4 User Assumption of Risk

You acknowledge and agree that:

You use SkyRig at your own risk
You are responsible for maintaining backups of your data
You should not rely solely on SkyRig for critical or production workloads without redundancy
Performance may vary based on factors outside our control

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10. Indemnification

You agree to indemnify, defend, and hold harmless SkyRig, its affiliates, officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, expenses (including reasonable legal fees) arising from or relating to:

Your use or misuse of our services
Your violation of these Terms or any applicable laws
Your content or any intellectual property infringement claims
Your violation of any third-party rights
Unauthorized access to your account due to your failure to secure credentials
Any activity conducted through your account

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

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11. Account Termination

### 11.1 Termination by You

You may terminate your account at any time by:

Using the account deletion feature in your dashboard, or
Contacting us at support@skyrig.cloud

Upon termination:

Your access to services ends immediately
Running VMs will be stopped
Unused credits purchased within 30 days are eligible for refund (see Section 5.6)
All data will be scheduled for permanent deletion within 30 days

### 11.2 Termination by SkyRig

We may suspend or terminate your account immediately, with or without notice, if:

For Cause:

You violate these Terms or our Acceptable Use Policy
You engage in fraudulent or illegal activity
Your account poses a security risk to our platform or other users
You fail to pay outstanding charges after 7 days' notice
You repeatedly receive abuse complaints or violations

For Convenience:

We discontinue the service entirely (with 90 days' notice)
Your account remains inactive for over 12 months with zero balance

### 11.3 Effects of Termination

Upon termination by SkyRig:

For Cause (Terms Violation):

Access ends immediately
All data is scheduled for deletion within 30 days
Remaining credits are forfeited (no refund)
You may be banned from creating future accounts

Without Cause (Business Reasons):

We will provide 30 days' notice when possible
You will have 30 days to retrieve your data
Unused credits will be refunded pro-rata
All data is deleted after the notice period

### 11.4 Data Retrieval Period

If your account is terminated by us without cause, or if you request termination:

You have 30 days to download your data before permanent deletion
After 30 days, data is permanently deleted and cannot be recovered
We are not responsible for data loss if you fail to retrieve it within this period

### 11.5 Survival

The following sections survive termination: Sections 5 (payment obligations), 8 (intellectual property), 9 (limitation of liability), 10 (indemnification), 12 (dispute resolution), and 16 (general provisions).

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12. Dispute Resolution & Arbitration

### 12.1 Informal Resolution

Before filing any legal claim, you agree to first contact us at support@skyrig.cloud to attempt to resolve the dispute informally. Provide a detailed description of the dispute and your proposed resolution. We will respond within 30 days.

### 12.2 Governing Law

These Terms are governed by and construed in accordance with:

The laws of Canada
The laws of the Province of Alberta
Without regard to conflict of law principles

### 12.3 Jurisdiction & Venue

If informal resolution fails, you agree that:

Any legal action must be brought exclusively in the courts located in Edmonton, Alberta, Canada
You consent to the personal jurisdiction of these courts
You waive any objections to venue or forum non conveniens

### 12.4 Arbitration (Optional)

As an alternative to court proceedings, either party may elect binding arbitration:

Arbitration will be conducted under the ADR Institute of Canada rules
The arbitration will take place in Edmonton, Alberta
The arbitration will be conducted in English
Each party bears their own costs unless otherwise awarded by the arbitrator
The arbitrator's decision is final and binding

### 12.5 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative proceedings against SkyRig.

### 12.6 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court if the claim qualifies.

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13. Age Requirements & Parental Consent

### 13.1 Minimum Age

You must be at least 13 years of age to create an account and use SkyRig services.

### 13.2 Users Under 18

If you are between 13 and 18 years of age (or the age of majority in your province/territory):

You must have permission from a parent or legal guardian to use our services
Your parent or guardian must review and agree to these Terms
Your parent or guardian is responsible for your account activity
We may require verification of parental consent at any time

### 13.3 Parental Responsibility

Parents and guardians of users under 18 are responsible for:

Supervising their child's use of our services
All charges incurred on the account
Ensuring compliance with these Terms
Any violations or harmful activity conducted by the minor

### 13.4 Age Verification

We reserve the right to request age verification at any time. Accounts found to be operated by users under 13 will be immediately terminated without refund.

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14. Privacy Rights (PIPEDA Compliance)

SkyRig is committed to protecting your privacy in accordance with Canada's Personal Information Protection and Electronic Documents Act (PIPEDA).

### 14.1 Your Privacy Rights

You have the right to:

Access: Request a copy of your personal information we hold

Correction: Request corrections to inaccurate or incomplete data

Deletion: Request deletion of your personal data (subject to legal retention requirements)

Portability: Receive your data in a structured, commonly used format

Withdrawal of Consent: Withdraw consent for data processing (may limit service access)

Opt-Out: Unsubscribe from marketing communications at any time

File Complaints: Lodge complaints with the Office of the Privacy Commissioner of Canada

### 14.2 How to Exercise Your Rights

To exercise any of these rights, contact us at:

Email: support@skyrig.cloud

We will respond to your request within 30 days and verify your identity before processing requests.

### 14.3 Privacy Commissioner Complaints

If you believe we have violated your privacy rights, you may file a complaint with:

Office of the Privacy Commissioner of Canada

30 Victoria Street

Gatineau, Quebec K1A 1H3

Phone: 1-800-282-1376

Website: www.priv.gc.ca

### 14.4 International Data Transfers

Our third-party providers (TensorDock, AWS, Supabase) may store or process data outside Canada. By using our services, you consent to such transfers. We ensure these providers have adequate data protection measures.

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15. Force Majeure

SkyRig shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to:

Acts of God (earthquakes, floods, fires, storms)
War, terrorism, civil unrest, or government actions
Pandemics, epidemics, or public health emergencies
Internet or telecommunications failures
Power outages or energy shortages
Labor disputes or strikes
Third-party provider failures or service disruptions
Cyberattacks, hacking, or DDoS attacks not caused by our negligence
Hardware failures or data center disasters
Changes in laws or regulations

During force majeure events:

Our obligations under these Terms are suspended for the duration
We will make reasonable efforts to resume services as quickly as possible
We will communicate with users about the situation and expected resolution
Service credits may be issued for prolonged outages (see Section 6.3)

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16. General Provisions

### 16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and SkyRig regarding your use of our services.

### 16.2 Updates to Terms

We reserve the right to update these Terms at any time. When we make material changes:

We will notify you via email at least 30 days before the changes take effect
We will post a notice on our website or within the service
The "Last Updated" date at the top will be revised
Continued use after the effective date constitutes acceptance of the new Terms

If you do not agree to the updated Terms, you must stop using our services and may terminate your account.

### 16.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

### 16.4 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of SkyRig.

### 16.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets, with notice to you.

### 16.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and SkyRig. You are an independent user of our services.

### 16.7 Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights except as explicitly stated.

### 16.8 Export Controls

You acknowledge that our services may be subject to Canadian export controls and economic sanctions. You agree to comply with all applicable export laws and regulations. You represent that you are not:

Located in a country subject to Canadian or international sanctions
Listed on any government prohibited or restricted party list
Using our services for prohibited end-uses (weapons development, etc.)

### 16.9 Language

These Terms are written in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

### 16.10 Electronic Communications

You consent to receive communications from us electronically, including via email or through the service. You agree that all electronic communications satisfy any legal requirement that communications be in writing.

### 16.11 Contact Information

For any questions, concerns, or legal notices regarding these Terms, please contact us at:

SkyRig Cloud Computing Inc.

Email: support@skyrig.cloud

Support: support@skyrig.cloud

Privacy: support@skyrig.cloud

Security: support@skyrig.cloud

DMCA: support@skyrig.cloud

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17. Acknowledgment

By creating an account or using SkyRig's services, you acknowledge that:

You have read and understood these Terms of Service
You agree to be bound by these Terms
You meet the age and consent requirements to use our services
You have the authority to enter into this agreement
You understand your rights and obligations under these Terms

If you have any questions about these Terms, please contact us at support@skyrig.cloud before using our services.

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Thank you for choosing SkyRig!