Terms of Use

Updated May 7, 2025

Introduction

Skarvo, Inc. (“Skarvo, “we,” “us,” or “our”) is the developer and publisher of the Skarvo application(s) (the “App”). These Terms of Use, including any additional terms and policies which are incorporated by reference herein(“Terms”) govern your access to and use of Skarvo’s services, including our App, websites, and other products and services (collectively, the “Service”) and are agreed to between Skarvo and you as an individual, or, if you represent an entity or other organization, that entity (in either case, “you” or “your”). Please read these Terms carefully. If you do not agree to these Terms, you are not permitted to use the Service.

IMPORTANT NOTE: The section titled “Dispute Resolution” contains an arbitration clause and class-action waiver that applies to all U.S.-based Skarvo users. Please read this section carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.

Additional Terms

You may be subject to additional terms and policies in order to access certain parts of the Service. These additional terms and policies are hereby incorporated into these Terms by reference, and may include:

  1. Additional Terms for Channel Operators
  2. Community Guidelines
  3. Copyright & IP Policy

Some features, functionality, services, and products available through the Service may have additional terms and conditions governing their use, and you will be required to agree to those additional terms and conditions in order to use those features, functionality, services, and products.

Definitions

In addition to the terms otherwise defined in these Terms, the following terms have the definitions below:

“Brand” means a registered user of the Service that is a commercial or institutional entity that publishes original content through the Service.

Channel” means a part of the Service which is controlled by a Channel Operator or other Skarvo user, through which such user can share content publicly.

Channel Operators means Creators and Brands.

Channel Content” means User Content which is published and distributed to a group of subscribers by a Channel Operator through its Channel.

Creator” means a registered user of the Service that is an individual content producer, or a team of such users, who publishes original content through the Service.

Skarvo Business Web App means the web-based application through which Skarvo users register to become Channel Operators and through which Channel Operators manage their Channel Content. The Skarvo Business Web App is part of the Service.

Skarvo Content” means the content made available to you by Skarvo, including any templates and other Paid Features (as defined in the Paid Features & Subscriptions section below), but excluding Channel Content. For the sake of clarity, Skarvo Content is not Channel Content, regardless of whether it is shared through a Channel or any other means.

User Content” means the content, materials, and information which you upload, submit, send, or make available through your use of the Service.

Your Account

Registration and Eligibility

When you use or access our Service in any capacity, you:

  • must create an account with accurate information, and must keep your information updated if it changes;
  • may not register for an account using a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person;
  • represent that you are old enough to give a valid consent to collection, use and disclosure of your personal data without the consent of a parent or guardian under the laws where you live, and that in any event you are at least 13 years old;
  • represent that you understand and agree to these Terms; and
  • agree that you are solely responsible for anything that occurs when anyone is signed into your Service account with your password or other credentials, whether or not you authorized it, as well as the security of the password and other credentials in your possession or control.

Our Privacy Policy describes how we collect, use and share your personal information and applies to your use of the Service. By using the Service, you acknowledge that you have read and understand our Privacy Policy.

Skarvo reserves the right to refuse registration of or cancel a Skarvo account name at its sole discretion.

If you are under the age of 18, you also acknowledge and agree that:

  • you have permission from your parent or guardian to use our Service; and
  • you may not access content which is marked as 18+.

Responsibility for your account

You agree that we are entitled to assume that any communications we’ve received from your account or the associated contact information have been made by you, and that any purchases made using your account were made by you.

Access to the Service

Usage Restrictions

You agree to use the Service responsibly and in compliance with these Terms and all applicable laws. You may not upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or racially, ethnically, or otherwise objectionable. You may not use the Service to distribute malware, viruses, or any malicious code. You are solely responsible for all content you post through the Service and must ensure you have all necessary rights and permissions for any content involving third parties. You may not send unsolicited bulk message or spam to others through the Service. Skarvo reserves the right to remove any content or suspend accounts that violate these terms at our sole discretion, without prior notice.

App Stores

You acknowledge and agree that the availability of the App is dependent on the third-party platforms and marketplaces from which you download mobile applications, e.g., the App Store from Apple or the Google Play store from Google (each an “App Store”). You acknowledge that these Terms are between you and Skarvo, and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Apps from it. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

Changes to the Service

We’re always trying to improve the Service, so our products and services may change over time. We may suspend or discontinue any part of the Service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service. We will use reasonable efforts to provide you with notice when we make a material change to the Service that would adversely affect you.

Third-Party Service and content

Third-Party Service

Our Service may also allow you to access third-party websites, features, apps, or other content. We provide you with access only as a convenience to you and are not responsible for the content or services available from these websites or resources. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Interactions with Third Parties

Your interactions with Channel Operators and other organizations and individuals found on or through the Service (“Third Parties”), including any payment for Channel Content (further described below), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Parties. You agree that Skarvo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Channel Content is the sole responsibility of the applicable Channel Operator. You access all Channel Content at your own risk. We aren’t liable for any errors or omissions in any Channel Content and you hereby release us from any damages or loss you might suffer in connection with Channel Content.

We can’t guarantee the identity of any users with access to the Service and are not responsible for which users gain access to our products and services. Content shared by Third Parties does not reflect Skarvo’s own views. Skarvo doesn’t endorse or verify the accuracy or reliability of content shared by Third Parties. We strive to make Skarvo a safe, positive, and inclusive place, but cannot always prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies at Support. We have the right, but not the obligation, to review such reports and block or remove content at our sole discretion.

Paid Features & Subscriptions

While Skarvo will not charge you to use the basic functionality of the Service, you may have the option to purchase additional features, services or products from Skarvo (“Paid Features”) or upgrade to a subscription plan for the Paid Features (a “Skarvo Subscription”). You may also have the option to subscribe to certain Channel Content (a “Channel Subscription”). Paid Features and Channel Content are subject to the restrictions set forth in the “Our Content” section of these Terms.

Payment Processing

Fees for any Paid Features and Subscriptions are made through the App Store.

If you are a Channel Operator, some of your transactions will be processed through our third-party payment processor (the “Payment Processor”). Your use of our Payment Processor is subject to our Payment Processor’s terms, conditions, and privacy policies as well as the Additional Terms for Channel Operators.

Subscriptions to Paid Features and Channel Content  

A paid Skarvo Subscription or Channel Subscription (each, a “Subscription”) will continue for the duration of your selected Subscription period (the “Subscription Term”). As permitted by law, your Subscription will automatically renew at the end of each Subscription Term (the “Renewal Date”) for an additional term of the same duration as the original Subscription Term (a “Renewal”), unless cancelled before the Renewal Date. Renewals will be at the then-current pricing designated by Skarvo or the Channel Operator, as applicable, for your chosen Subscription(s) will be subject to the then-current version of these Terms.  

The fees applicable to your Subscription (“Subscription Fees”) will be automatically charged to your designated payment method until your Skarvo Subscription is cancelled. To avoid charges for the next billing period, you must cancel your Subscription through the applicable App Store before the Renewal Date.  

Annual Subscriptions are paid for by an upfront one-time payment and monthly Subscriptions are paid for upfront on a monthly basis, with automatic annual and monthly renewals, respectively. Refunds cannot be claimed for any partial month or partial year (as applicable), although we may provide refunds or credits on a case-by-case basis in our sole discretion.

Should automatic billing fail to occur for any reason, Skarvo or its Payment Processor may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be, at Skarvo’s sole discretion, canceled or downgraded and you may lose access to certain Paid Features or Channel Content.

Fees and Fee Increases

Skarvo, in its sole discretion and at any time, may modify the Subscription Fees for the Skarvo Subscriptions and Paid Features. The applicable Channel Operator in its sole discretion and at any time, may modify the Subscription Fees for the Channel Subscriptions. Any Subscription Fee change will become effective at the end of the then-current billing cycle. You will be provided with reasonable prior notice of any change in Subscription Fees.

Subscription Fees and fees for other Paid Features and Channel Content are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). In most circumstances, you will see the applicable Taxes when subscribing or making a purchase.  We will not be able to notify you of any changes in applicable Taxes.

Free Trials and Promotions

We may occasionally offer promotions on Skarvo Subscriptions and Paid Features. The specific terms of each promotion will be stated at the time the promotion is offered. If you receive a discount, use a coupon code, or subscribe during a free trial or other promotion, your Skarvo Subscription will automatically renew for the full price of the Skarvo Subscription or Paid Feature at the end of the promotional period. You will not receive a separate notice that your free trial or promotional period is about to end or has ended, or that your paid Skarvo Subscription or access to the Paid Feature has begun, unless required by law in particular instances or jurisdictions. You must cancel the Skarvo Subscription or Paid Feature prior to the end of the promotional period in order to avoid incurring further charges. After renewal, you may cancel your Skarvo Subscription at any time through the App Store.

Content and Intellectual Property Rights

Your Content

The Service allow you to create, upload, share, and store User Content. By submitting any User Content, you represent and warrant that the submission and the User Content complies with these Terms and applicable laws, and that you have obtained all rights and permissions necessary for the submission. You retain ownership of your User Content, but grant Skarvo a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, irrevocable, perpetual license to use, host, store, reproduce, distribute, modify, run, copy, adapt, translate, create derivative works, publicly perform, and display your User Content for any lawful purpose including for the purpose of operating, improving, and promoting Skarvo’s services.

Your account settings and decisions regarding the groups and other users you interact with via the Service affect the visibility of your User Content to Third Parties.  For example, free Channel Content and previews of Channel Content are accessible to all Users, while paid Channel Content is exclusively available to subscribers. We encourage you to carefully review your account settings to ensure they reflect your preferences. To learn more about how we collect, use and disclose User Content that constitutes personal information, see our Privacy Policy.

In an effort to minimize the personal information we process, we try to limit the amount of User Content that is stored on our servers and to design the Service so that where feasible it works with data stored only on the User’s device.  To that end, a direct transmission of User Content between Users may not initiate unless both the sending and receiving devices are connected to the Internet to initiate the transfer, and we may not be able to access User Content after it is transmitted to another User’s device or stored on your device. You will not be able to control your User Content once it is stored on another User’s device.

Use of AI

Skarvo uses artificial intelligence (AI) features in its provision of the Service. For example, AI may enable writing tools, personalized recommendations, and image generation. Any AI processing which occurs locally on your device, such as processing through Apple Intelligence or Google Gemini, will be subject to the relevant provider’s terms governing those AI features (in this case, Apple or Google). Skarvo may use User Content to train and improve AI models that enable the Service.

Skarvo’s AI features may process the User Content you input into the Service (collectively, “User Inputs”) to generate and provide you with content or other output (“AI Outputs”). You may not provide User Inputs or use AI features or AI Outputs in any way that infringes or violates someone else’s rights, including intellectual property rights. Except as expressly provided in these Terms, you retain all right, title, and interest – including any intellectual property rights – that you have in and to your User Inputs.

You acknowledge that AI Outputs:

  • are computer-generated without human review, and may be inaccurate, incomplete, biased, and or offensive or objectionable to you or others;
  • do not represent our views, opinions or conclusions or indicate that any third party mentioned in the AI Outputs is associated with Skarvo;
  • may be the same or similar to AI Outputs generated for other Users, such as when two Users ask the same question and get the same answer, and that your ability to acquire or enforce intellectual property rights in or to AI Outputs may be limited;

You agree that you are solely responsible for your use of the AI features and AI Outputs and independently reviewing AI Outputs to ensure that they are accurate, complete, and appropriate for your use. We make no representations or with respect to the AI Outputs or the results of using the AI features. You agree not to use the AI features:

  • in a manner that violates the rights of any third party; these Terms, including the Community Guidelines, or other policies that apply to your use of AI features, as modified from time to time; or applicable laws or regulations of any jurisdiction, including laws or regulations governing use of AI;
  • for the purposes of, or in a manner that has the effect of, discriminating against or harming individuals or groups based on any protected classification under applicable law, online or offline social behavior, or known or predicted personal or personality characteristics;
  • to make or facilitate decisions impacting an individual’s health, safety, rights, or well-being, or that could have a legal or other significant effect on them, such as credit, educational, employment, housing, insurance, legal, medical, and other important decisions about them;
  • as a substitute for or in relation to services that are required to be provided by licensed professionals;
  • for biometric identification or classification, emotional recognition, or in connection with misrepresentation of AI Outputs as created by humans;
  • to generate, promote, disseminate, describe, encourage or support child sexual abuse materials, pornography, or content that may pose a risk of death or bodily or emotional harm to anyone, including by encouraging self-harm or bullying;
  • in furtherance of misinformation, disinformation or other deceptive or manipulative practices, including to exploit anyone’s vulnerabilities, including due to age, disability or socioeconomic situation; or
  • to develop any models that compete with Skarvo;

Our Technology

The Service, Skarvo Content and all databases, software, hardware, and other technology used by or on behalf of Skarvo to operate and provide the foregoing, and the structure, organization, and underlying data, information, and software code thereof, and all additions, modifications, improvements, upgrades, or derivatives (including derivative works) thereof along with all worldwide intellectual property rights therein (collectively, the “Technology”), constitute the valuable trade secrets and intellectual property of Skarvo. Technology is owned by Skarvo and its respective licensors and nothing in these Terms will operate to provide you or any third party with any ownership thereof.  You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; (9) interfere with the operation or hosting of the Technology; or (10) access or use the Technology or any other Confidential Information in order to build or improve a competitive product or service (whether now or hereafter existing) or gain competitive insights regarding the Technology.

Using Our Content

Subject to your compliance with these Terms, Skarvo grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Skarvo Content solely in connection with your permitted use of the Service and solely for your personal and non-commercial purposes.

Feedback

You agree that any suggestions, comments, ideas, bug reports, or suggested improvements that you provide to us (“Feedback”) can be used by us for any purpose, and you grant us a perpetual, irrevocable, transferable, non-exclusive license to use the Feedback for any purpose.

Copyright Policy

We respect the intellectual property of others and expect our users to do the same. See our Copyright and IP Policy for information on how to file a copyright complaint.

Confidentiality

For purposes of these Terms, “Confidential Information” means the Skarvo Content and any other information disclosed or made available by Skarvo under these Terms, regardless of the form thereof, including all copies and extracts thereof. You will not disclose Confidential Information to any third party without Skarvo’s prior written consent. You may use Confidential Information only for purposes of your valid use of the Service and Skarvo Content as permitted under these Terms and may disclose Confidential Information only to your representatives who have a need to know such Confidential Information for the same purposes and who are bound by obligations of confidentiality at least as protective of Confidential Information as those contained in these Terms. You will maintain the confidentiality of all Confidential Information and will treat all Confidential Information with the same degree of care as you treat your own confidential or proprietary information which, in no event, will be less than reasonable care. You will not utilize Confidential Information other than as expressly permitted in these Terms.

Term and Termination

Termination by You

You’re free to stop the Service at any time and for any reason. To terminate this agreement, you may delete your Skarvo account through the Settings page in the Skarvo app and discontinue use of the Service. Certain provisions of these terms will survive termination as outlined below in the “Survival” section.

Termination by Skarvo

Skarvo is free to terminate (or suspend access to) your use of the Service, or your account, for any reason at our discretion, including, without limitation, for the following reasons:

  • You breach these Terms, our Community Guidelines, our other policies, or additional terms that apply to specific products or services.
  • We are required to do so to comply with a legal requirement or court order.
  • We reasonably believe termination is necessary to prevent harm to you, us, other users, or third parties.
  • Continuing to allow your account to be active, giving you access to some or all Service, or hosting your User Content creates risk for Skarvo, other users, or third parties.

We will try to provide advance notice to you prior to our terminating your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Skarvo. Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Skarvo has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Deletion of User Content

When you terminate your account, the User Content in our possession or control may be deleted and we are under no obligation to retain it. Our deletion of User Content does not affect the ability of others to access copies of your User Content that you made public or shared with other Users.  In some cases after you terminate your account, we may retain your User Content in our possession or control, such as in our backup files or to fulfill our legal obligations, where permitted by applicable law.

Channel Content may be deleted by Channel Operators in accordance with the Additional Terms for Channel Operators.

Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITH NO WARRANTIES OF ANY KIND. SKARVO AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SERVICES, AND OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SKARVO DOES NOT WARRANT: THAT YOU WILL BE ABLE TO ACCESS OR USE OUR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT OUR SERVICES WILL BE OF A CERTAIN QUALITY OR SUITABILITY OR WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR SERVICES ARE NOT INTENDED FOR USE IN CONNECTION WITH EMERGENCY RESPONSE, LIFE-THREATENING EVENTS, OR CRITICAL COMMUNICATIONS.  

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING CHANNEL OPERATORS. WE MAKE NO WARRANTY REGARDING THE CONTENT OR SERVICES PROVIDED BY THIRD PARTIES.

Indemnification

To the fullest extent allowed by applicable law, you agree to indemnify and hold Skarvo, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Service (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) your User Content, and (d) your violation of applicable law. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).  You agree that the provisions in this paragraph will survive any expiration or termination of your account or of our Service.

Limitation of Liability

SKARVO WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER SIMILAR DAMAGES, OR ANY LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR OUR SERVICES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKARVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKARVO WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (I) $100, AND (II) THE AMOUNT YOU HAVE PAID TO SKARVO IN ACCORDANCE WITH THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM.

To the fullest extent permitted by law, no claim, demand for mediation or arbitration, or cause of action which arose out of an event or events that occurred more than two (2) years prior may be asserted by you against Skarvo.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Skarvo may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Skarvo’s liability will be the minimum permitted under such applicable law. In particular, nothing in these Terms will affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Skarvo. This provision shall have no effect on the choice of law provision set forth below.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

SMS Messaging

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from us, including text messages that may be sent using an automatic telephone dialing system or other automated system for the selection or dialing of telephone numbers, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. You also agree to receive administrative and account-related text messages from time to time at the number associated with your Service account.  Message and data rates may apply. Message frequency may vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of messages sent. We also reserve the right to change the short code or phone number from which messages are sent. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. We, our service providers, and the mobile carriers supported by the program, are not liable for delayed or undelivered messages.

Dispute Resolution

Informal Dispute Resolution

If you experience any issues, we encourage you to contact us at Support.

Arbitration

Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Skarvo’s services and/or products, including the Service, shall be finally settled by arbitration, using the English language, in Santa Clara County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Skarvo are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Skarvo will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis.

Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out via Support. The notice must be sent to Skarvo within thirty (30) days of your registering to use the Service or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Skarvo also will not be bound by them.

Governing Law and Venue

These Terms are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof. You hereby consent to the exclusive jurisdiction of the federal and state courts in Santa Clara County, California over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the “Arbitration” section. You and we consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Other Terms

Export Control

You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that products, services, or technology provided by us are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Skarvo products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Waiver

The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

Assignment

You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, or your Skarvo account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations without consent.

Relationship of the Parties

The parties hereto are independent parties, not agents, employees, or employers of the other, or joint venturers, and neither party acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.

No Third-Party Beneficiaries

We agree there are no third-party beneficiaries intended under this Agreement.

Entire Agreement

You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.

Survival

In addition to any payment obligations which were incurred prior to termination, the following sections of these Terms will survive termination of this Agreement: Content and Intellectual Property Rights; Confidentiality; Disclaimers; Indemnification; Limitation of Liability; and Other Terms.

Updates to these Terms

We may decide to update these terms from time to time, for example, to reflect changes to our services or our business, for legal or regulatory reasons, to prevent abuse on or of our services, or to better protect or serve Users. If these changes materially affect your use of the Service or your legal rights, we’ll give you reasonable advance notice (unless the updates are urgent). If you continue to use our Service after the changes have taken effect, it means that you agree to the changes. If you don’t agree, you must stop using our Service.

Contact Us

If you have any questions about these terms, please contact us via Support.

Additional Terms for Channel Operators

Your use of the Service as a Channel Operator is governed by the Terms of Use, including, including these Additional Terms for Channel Operators, and any other policies referenced therein. Any defined terms used below shall have the meaning as defined herein or in the agreements referenced above.

Registering as a channel operator

As a Channel Operator, you may make certain your Channel(s) and Channel Content available to other Users of the Service, including those who subscribe to your paid Channel Content (“Subscribers”). To register as a Channel Operator, you must:

  • Register through the Skarvo Business Web App dashboard;
  • Have the legal authority to represent the Channel Operator;
  • Complete the identity verification process by presenting a valid government-issued ID, business documentation, and/or social media credentials, and by successfully passing a brief creator guidelines assessment;
  • Maintain an active Skarvo Pro subscription;
  • Pay a one-time enrollment fee; and
  • Have a valid payment method on file.

Channel Content

Adding and Removing Channel Content

All of your Channel Content is subject to review and approval by Skarvo.  Skarvo retains the right to (but is not required to) moderate all Channels and may disable your Channel and remove any or all of your Channel Content if it violates these Terms.

You may delete or unpublish your Channel or Channel Content via the Skarvo Business Web App. Deleting a Channel or Channel Content removes it from Skarvo’s platform. However, previously downloaded content (e.g., PDFs and media files) may remain on your Subscribers’ devices.

Content Standards

By sharing Channel Content, you represent and warrant that the Channel Content:

  • Is original content created by you or properly licensed from the rights holder;
  • Does not infringe on third-party rights;
  • Complies with all applicable laws, rules and regulations;
  • Complies with our Community Guidelines; and
  • Is accurately labeled and categorized.

Branded Content

Channel Operators who publish sponsored, branded, or promotional content (“Branded Content”) must clearly disclose any commercial relationships and properly identify all Branded Content. All Branded Content must be labeled with appropriate disclosures (such as “#ad”, “#sponsored”, or “Paid Partnership”) in a clear and conspicuous manner that complies with applicable laws and regulations. Channel Operators are solely responsible for ensuring their Branded Content complies with all applicable advertising and marketing laws, including Federal Trade Commission guidelines regarding endorsements and testimonials. Failure to properly disclose commercial relationships or comply with applicable laws may result in content removal, account suspension, or termination of Channel Operator status.

Channel Operators warrant that any Branded Content (i) is original or properly licensed, (ii) does not infringe on third-party rights, (iii) complies with these Terms and our Community Guidelines, (iv) is accurately labeled and categorized, and (v) complies with any additional requirements specified in separate agreements with the sponsoring brand or advertiser. Skarvo reserves the right to remove any Branded Content that violates these terms or to suspend or terminate the accounts of Channel Operators who repeatedly fail to comply with these requirements.

Revenue Sharing and Payments

Payment Processing

You agree to process payments from Subscribers only in the manner determined by us. This includes using the Payment Processor we choose and following any other rules that we and our Payment Processor specify. You may not circumvent your payment obligations to us by soliciting payment from a Subscriber outside of Skarvo or by using any alternative method to collect payments for Channel Content. This includes receiving payments for your Channel Content through links to PayPal or Venmo. You agree to notify us immediately if you receive any such offer or solicitation to circumvent your payment obligations by contacting us at Support.

Pricing and Revenue

You may determine the pricing, if any, for your Channel Content in your sole discretion. Earnings from your Channel can be tracked through the Skarvo Business Web App dashboard.

The revenue generated from Channel Content (“Channel Revenue”) is split between you and Skarvo on the following terms:

Channel Operators receive their share of Channel Revenue after all fees are deducted in the following order: (1) platform fees (e.g., 30% retained by Apple Store or Google Play), (2) payment processing fees (e.g., Stripe fees), and (3) Skarvo’s 30% platform fee. The remaining revenue is distributed to Channel Operators.

  • You agree that you shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to your Channel Revenue.
  • Payouts are processed monthly through the applicable Payment Processor, which may have its own minimum threshold for payouts.
  • Direct deposit is available for payouts in supported countries and international wire transfers subject to additional fees.
  • All revenue sharing is contingent upon the Channel Operator maintaining good standing and compliance with Terms.

Skarvo’s Rights

We may also block or withhold access to the revenue from your Channel Content for violations of our Terms or for compliance reasons, including collecting tax reporting information. When this happens, we try to communicate the reason to you promptly.  

To protect Channel Operators and maintain platform integrity, we may block Subscriber payments that appear fraudulent. Your account balance may become negative due to refunds and chargebacks from Subscribers. Any fees incurred from Skarvo or the Payment Processor during these transactions may not be refundable. If your account balance becomes negative, we reserve the right to recover those funds from future earnings.

Cooperation with Skarvo

You will provide us and our Payment Processors with all requested data or information about you and your Channel Content. This includes all payment and tax identification information, and you will ensure this information is accurate and up to date.

Subscriber Management

Channel Operators must actively manage their Subscriber base by maintaining clear communications, promptly addressing any complaints or concerns, safeguarding Subscriber privacy and personal information, and consistently delivering all promised Channel Content and benefits to their Subscribers.

Termination of Channel Operator Account

Skarvo maintains the right to terminate any Channel that fails to comply with our established Terms of Use or content guidelines. This includes, but is not limited to, Channels that participate in fraudulent activities, neglect to maintain their required subscriptions, or accumulate an excessive number of user complaints.

Skarvo Community Guidelines

At Skarvo, we’ve created a platform for meaningful connections between friends, family, creators, and brands. These Community Guidelines (the “Guidelines”) ensure everyone can express themselves safely while maintaining the trust and respect that make Skarvo special.

The Guidelines

Respect Each Other

  • No harassment or bullying. We don’t tolerate any form of harassment, sustained bullying, or coordinated attacks against other users.
  • Protect privacy. Never share someone’s personal information without their explicit consent. This includes private messages, locations, or any identifying details.
  • Keep it authentic. Don’t impersonate others or create misleading accounts. Be yourself and represent yourself honestly.

Content Standards

  • Age-appropriate content only. All content must be suitable for users aged 13 and above. No adult or explicit content is allowed.
  • Original content. Only share content you own or have permission to share. Respect copyright and intellectual property rights.
  • No harmful content. Don’t share content that promotes:  
    • Violence or dangerous behavior
    • Hate speech or discrimination
    • Self-harm or suicide
    • Illegal activities

Group Guidelines

  • Respect group privacy. Don’t share content from private groups without permission from all involved parties.
  • Responsible administration. Group admins should maintain a safe environment and remove inappropriate content promptly.
  • No spam. Don’t flood groups with promotional content or unwanted messages.

Creator Channel Standards

  • Quality content. Provide valuable, original content that enriches your audience’s experience.
  • Clear communication. Be transparent about paid promotions and sponsorships.
  • Respect subscriber privacy. Handle subscriber data responsibly and maintain confidentiality.

Safety & Security

  • No malicious software. Don’t share content containing viruses, malware, or other harmful code.
  • Report violations. Help keep Skarvo safe by reporting content that violates these guidelines.
  • Protect your account. Use strong passwords and don’t share your login credentials.

Enforcement

Violations of these Guidelines may result in:

  • Content removal
  • Temporary feature restrictions
  • Account suspension
  • Permanent account termination

We review reports thoroughly and take appropriate action based on the severity of the violation. Repeated violations will result in stricter enforcement actions.

Updates to these terms

These Guidelines may be updated as our Service evolve. Continue to check back for the latest version.

Copyright and IP Policy

This Copyright and IP Policy (this “Policy”) describes Skarvo’s processes for receiving and responding to copyright infringement notices, sent by rightsholders or their agents, regarding material our users have posted to the Service This Policy is designed to comply with the requirements of the notice-and-takedown provisions of the United States’ Digital Millennium Copyright Act (“DMCA”), meaning that we generally remove or disable content that rightsholders claim to be infringing. Undefined terms used here have the meanings given to them in our Terms of Use.

The contact information for our designated agent is as follows: copyright@skarvo.com

Submitting Notices and Our Designated Agent

If you believe that something on Skarvo infringes a copyright that belongs to you, you can send us a copyright notice to our designated agent. When sending a notice to our designated agent, be sure that it includes all the information required under the DMCA. For your reference, this includes:

  • A description of the work or works you claim have been infringed
  • A description of the content on our website you claim to be infringing and the associated URL(s)
  • Your contact information
  • Your statement confirming a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  • Your statement confirming that the information you’ve provided is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  • Your signature

Receiving a Copyright Notice

If something you’ve posted to Skarvo is the target of a valid copyright notice, we will generally send you a copy of that notice when we remove or disable the allegedly infringing content. To dispute a copyright notice submitted against your Skarvo account, you may contact our designated agent. When sending a dispute notice to our designated agent, be sure that it includes all the information required under the DMCA. For your reference, this includes:

  • A description of the content that’s been removed and any associated URL(s)
  • Your full name and contact information, including your address and phone number
  • A statement, under penalty of perjury, that you have a good faith belief that the removed content was taken down as a result of mistake or misidentification
  • A statement consenting to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if you are outside of the United States, consenting to the jurisdiction of any judicial district in which Skarvo can be found (for instance, the Northern District of California)
  • A statement that you will accept service of process from the copyright notice sender or their agent at the address you’ve provided.
  • Your signature

On receipt of a notice compliant with the requirements of the DMCA, our practice is to expeditiously remove or disable the material identified as infringing. We also reserve the right to suspend or terminate the accounts of users who replace removed content in a manner inconsistent with this policy.

Repeat Infringers

Our policies and the DMCA both commit us to taking action against repeat infringers, and we will terminate the accounts of repeat infringers in certain cases. How you respond to copyright notices informs our repeat infringer evaluation. Consider seeking professional advice before proceeding with any notice described in this policy.