Terms of Service

Acceptance of Terms
Definitions
Description of the Service
Account Registration & Authorized Users
User Licenses & No Account Sharing
Restrictions on Use
Anti-Scraping & Automated Access
Anti-Reverse-Engineering & No Competing Products
Tenant Isolation & Cross-Tenant Conduct
Non-Solicitation of Clients and Personnel
Your Responsibilities & Compliance
Customer Data You Process Through the Service
Trade Secrets & Confidentiality
Intellectual Property & Feedback License
Third-Party Services & Sub-Processors
Lead Network Terms
SMS, Voice & Telephony (TCPA / 10DLC / TFV)
Electronic Signatures
AI Features & Automated Output
Right to Modify, Suspend, or Discontinue
Compliance Audits & Monitoring
Billing, Subscriptions & Auto-Renewal
Free Trials & Promotional Credits
Refunds & Chargebacks
Termination
Data Export & Deletion Upon Termination
Trademarks
Disclaimer of Warranties
Limitation of Liability
Indemnification
Injunctive Relief & Liquidated Damages
Class-Action & Jury-Trial Waiver, Arbitration
Governing Law, Venue
General Provisions
Changes to These Terms
Contact

1. Acceptance of Terms

By accessing or using the Service in any form — web, mobile, API, embedded widget, or via any Skallix-issued credential — you agree to be bound by this Agreement, our Privacy Policy, any order form, proposal, statement of work, or end-user license agreement (“EULA”) referenced therein, and any rules or policies posted on the Service. Together these documents constitute the entire agreement between you and Skallix and supersede every prior or contemporaneous oral or written understanding. To the extent any document conflicts with these Terms, the order of precedence is (a) your signed order form or proposal, (b) these Terms, (c) Privacy Policy, (d) applicable EULA or supplemental product terms.

If you do not agree to every provision, including the mandatory arbitration and waiver clauses in Sections 31–32, you must immediately stop using the Service and cancel any account you created. Continued use after notice of changes constitutes acceptance of the updated Terms.

2. Definitions

Account — the company-level workspace you create in the Service, identified by a unique organization identifier and tied to one billing relationship.
Authorized User or User — an individual to whom you have assigned a per-seat license under your Account: an employee, owner, officer, contractor, or agent — never an unrelated third party, a competitor, an automated agent operated by anyone other than Skallix, or a person who has not accepted these Terms.
Customer Data — all data you, your Users, or your end-users (homeowners, leads, claimants, trade partners, suppliers) submit to or generate through the Service, including leads, jobs, documents, photos, signed contracts, invoices, financial records, communication transcripts, and metadata.
End-User — a homeowner, claimant, insurance adjuster, supplier, subcontractor, or other natural person whose information you process through the Service (i.e., your customer’s customer).
Lead Network — the Skallix-operated marketplace that delivers verified homeowner inquiries to subscribing contractors on a per-lead basis.
Service — the Skallix CRM platform, all hosted software, websites, mobile applications, APIs, AI features, the Lead Network, documentation, and any successor or related offerings.
Sub-Processor — a third party Skallix engages to deliver part of the Service (hosting, email, SMS, payments, mapping, AI, e-signature delivery). The current list is published in the Privacy Policy.
Tenant — the logical partition that isolates one Account’s Customer Data from every other Account’s data inside the Service.

3. Description of the Service

Skallix CRM is a cloud-based customer-relationship-management platform built for contracting and construction businesses — general contracting, restoration, remodeling, siding, solar, HVAC, plumbing, electrical, painting, landscaping, concrete and masonry, roofing, and every adjacent trade. The Service offers lead capture and routing, job and pipeline management, insurance-claim tracking, estimating, proposals, e-signature, production scheduling, financial tracking, document storage, two-way SMS, calendar sync, role-based permissions, AI-assisted workflows, marketing automation, and the Lead Network. Features are continuously evolved; new features are governed by this Agreement unless they ship with their own EULA.

4. Account Registration & Authorized Users

To use the Service you must register an Account with accurate, current, and complete information including your legal entity name, principal place of business, billing address, payment instrument, and the name and contact information of an authorized representative. You agree to keep that information up to date and to notify Skallix of any change in control, bankruptcy, or assignment within ten (10) calendar days. You may not register an Account using false, misleading, or stolen identifying information, on behalf of an entity that does not authorize you to do so, or to evade a prior suspension or termination.

You are solely responsible for (a) the confidentiality and security of every User credential, two-factor token, API key, OAuth token, and recovery email tied to your Account; (b) every action taken under your Account, whether or not authorized by you; and (c) notifying Skallix at support@skallix.com within twenty-four (24) hours of discovering any actual or suspected unauthorized access. Skallix may, but is not obligated to, suspend access pending investigation.

5. User Licenses & No Account Sharing

Subject to the Agreement, Skallix grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the Term for your internal business operations only, and only for the number of paid User seats reflected on your most recent invoice. Each User license is personal to one individual and may not be shared, time-sliced, pooled, or accessed concurrently by more than one human. A User license may be reassigned to a replacement individual upon termination of the prior individual’s authorization, but it may not be rotated among multiple individuals to circumvent per-seat pricing.

If Skallix discovers, by audit, log analysis, fingerprinting, or other reasonable means, that you have permitted unauthorized use, shared credentials, exceeded paid seat counts, or enabled automated agents to consume seats, Skallix may, in addition to its other remedies, retroactively bill your payment instrument at the then-current per-seat rate multiplied by the number of unauthorized seats multiplied by the number of 30-day periods of unauthorized use, up to twelve (12) months, plus a 25% administrative surcharge. You expressly consent to this charge.

6. Restrictions on Use

You will not, and will not permit any User, agent, contractor, affiliate, or other third party to, do any of the following. Each sub-clause is a separately enforceable covenant.

(a) No commercial use beyond your own business. Use the Service to provide services to, or on behalf of, any party other than your own legal entity and its end-users, including by reselling, white-labeling, leasing, renting, time-sharing, operating a service bureau, or making the Service available to a third party.
(b) No competing or substitutable product. Access or use the Service to design, develop, train, evaluate, benchmark, market, or operate a product or service that competes with the Service or that is substantially similar in feature set, UI, workflow, or data model.
(c) No reverse engineering. Reverse engineer, decompile, disassemble, decrypt, translate, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, data schemas, protocols, or non-public APIs of the Service except to the narrow extent applicable law expressly forbids that limitation and you have given Skallix thirty (30) days’ prior written notice and a chance to provide interoperability information.
(d) No copying of UI, workflow, or visual design. Copy, frame, mirror, screenshot-trace, pixel-clone, or reproduce in whole or in material part the look-and-feel, layout, navigation patterns, icons, microcopy, animations, color system, or interaction flows of the Service for use in any other product or marketing material.
(e) No automated access. Access the Service by means of any bot, spider, crawler, scraper, headless browser, recording-and-replay automation, RPA tool, accessibility-driver injection, browser extension that exfiltrates content, or any other automated means — except through the documented Skallix REST API using a Skallix-issued credential, subject to published rate limits.
(f) No bulk extraction. Download, copy, or transmit Customer Data, lead records, contact details, phone numbers, email addresses, claim numbers, estimate prices, document hashes, or any other Service content in bulk for any purpose other than the legitimate internal operation of your own business, and never for resale, redistribution, training of any third-party model, or disclosure to any party not authorized under this Agreement.
(g) No security testing without consent. Probe, scan, fuzz, fingerprint, penetration-test, or otherwise test the vulnerability of any Skallix system, attempt to bypass authentication, access-control, audit, encryption, rate-limiting, or anti-abuse mechanisms, or interfere with the integrity or performance of the Service or its underlying networks.
(h) No tampering with audit data. Modify, falsify, suppress, or delete any audit log, signature hash, IP record, timestamp, user-agent record, or other forensic data maintained by the Service for compliance, dispute, or legal-evidence purposes.
(i) No unauthorized data access. Access, view, copy, or attempt to access data, accounts, tenants, or systems for which you do not have current Skallix-granted authorization, including data belonging to any other Skallix Account.
(j) No malware or harmful content. Upload, transmit, or store malware, viruses, worms, Trojans, ransomware, cryptominers, infringing material, defamatory or harassing content, child-sexual-abuse material, content that violates a third party’s privacy, IP, or publicity rights, or content prohibited by applicable law.
(k) No deceptive use. Impersonate any other person or entity, falsify metadata, forge signatures, spoof phone numbers or email senders, or use the Service in connection with fraud, money laundering, sanctions evasion, deceptive trade practices, or unauthorized solicitation.
(l) No AI training on the Service. Use the Service, its output, or any Customer Data you do not own to train, fine-tune, distill, evaluate, or benchmark any machine-learning or large-language model, whether your own or a third party’s, except for AI features built into the Service that Skallix expressly enables for your Account.
(m) No circumvention. Bypass, disable, or interfere with seat limits, rate limits, IP-blocks, geographic restrictions, watermarks, fingerprints, beta-gating, or any other technological measure protecting the Service.
(n) No removal of notices. Remove, obscure, or alter any copyright, trademark, watermark, or attribution notice on the Service or in exported documents (PDFs, CSVs, signed contracts, lead reports).
(o) No use by competitors. Access or use the Service if you are, or are acting on behalf of, a company that operates a competing CRM, lead network, or contractor-software product (in any trade we serve), or any affiliate, employee, contractor, investor, or agent of such a company, without Skallix’s prior express written consent. Skallix may, at its sole discretion, identify and immediately terminate any Account that violates this clause.

7. Anti-Scraping & Automated Access

The Service is provided exclusively for interactive use by Authorized Users through (i) the official Skallix web interface, (ii) the official Skallix mobile applications, and (iii) the documented Skallix REST API using credentials issued to your Account. Any other form of automated access is strictly prohibited. Without limiting Section 6, you specifically agree that you will not, and will not permit any User or third party to:

deploy scrapers, crawlers, spiders, harvesters, AI agents, browser-automation frameworks (e.g., Playwright, Puppeteer, Selenium, Browser Use), screen-recorders, or any tool that programmatically extracts, indexes, or replays Service content;
use the Service to compile a dataset of homeowners, leads, contractors, contact information, prices, claim numbers, or any other Customer Data for purposes other than your own internal business operation;
issue requests at a rate, volume, or pattern that materially deviates from typical human interaction, or that exceeds the published rate limits for the Skallix API;
rotate IP addresses, residential proxies, mobile-IP pools, browser fingerprints, or User credentials to evade rate limits, anti-abuse heuristics, or IP-based blocks;
resell or redistribute Service content, including lead-network leads, except to the extent expressly permitted by Section 16;
cache, archive, or republish Service content on any public or semi-public website, search index, or AI training corpus.

Detection & enforcement. Skallix continuously monitors traffic patterns, request fingerprints, credential reuse, geographic anomalies, and content-access ratios to detect scraping. Skallix may, at its sole discretion and without prior notice, throttle, IP-block, suspend, terminate, and pursue all available legal and equitable remedies against any party that violates this section. See Section 31 for liquidated damages applicable to unauthorized data extraction.

8. Anti-Reverse-Engineering & No Competing Products

The Service, including its source code, object code, screen designs, workflows, taxonomies, prompt engineering, API shapes, data models, lead-scoring algorithms, automation rules, and underlying know-how, is the proprietary, copyrighted, and trade-secret property of Skallix and its licensors and is licensed, not sold. You acknowledge that the architecture and behavior of the Service represent substantial investment and would cause Skallix irreparable harm if copied or imitated.

You will not (and will not permit anyone to): (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or trade secrets; (b) create derivative works of any part of the Service; (c) use the Service for benchmarking, comparative reviews, or competitive intelligence to be published without our prior written consent; (d) use any Customer Data, lead, or metric extracted from the Service to develop, market, or improve a competing product; (e) copy the UI, IA, or workflow patterns of the Service into another product. A violation of this Section 8 is a material breach for which Skallix is entitled to immediate injunctive relief in addition to monetary damages.

9. Tenant Isolation & Cross-Tenant Conduct

Each Account’s Customer Data resides in a logically isolated Tenant. Skallix enforces tenant isolation by (i) scoping every query to the requesting Tenant’s identifier; (ii) enforcing role-based access controls; (iii) logging all access by Skallix operators; and (iv) refusing all cross-tenant queries from User-level credentials. You are responsible for assigning the minimum necessary role to each of your Users.

You agree that you will not, and will not permit any User to, attempt to access, view, copy, infer, or contact: (a) any other Skallix Account, (b) any data belonging to another Skallix Account, (c) the homeowners, leads, claims, contractors, employees, or other End-Users of another Skallix Account, or (d) Skallix internal systems. Any cross-tenant access attempt, whether successful or not, is a material breach.

If your User was previously employed by, or had access to the data of, another Skallix Account (for example, an employee who left a competing contractor and now works for you), you represent that no Customer Data, lead list, pricing sheet, document, or other proprietary information of that prior Account was retained, imported, or referenced when configuring your Account, and that you will promptly delete and notify Skallix of any such material if discovered.

10. Non-Solicitation of Clients and Personnel

10.1 No solicitation of other Accounts’ clients. The Service inherently contains the names, addresses, phone numbers, email addresses, project values, and claim details of homeowners and other End-Users belonging to many independent Skallix Accounts. You will not, and will not permit any User to, use, reference, infer, or compile End-User information for the purpose of soliciting business from, marketing to, contacting, or otherwise interacting with any End-User that you did not independently acquire outside the Service.

10.2 No targeting of other Accounts. You will not use the Service or any inference drawn from it to recruit, poach, divert, or interfere with the contractual relationships of any other Skallix Account, its employees, sub-contractors, suppliers, or End-Users.

10.3 No solicitation of Skallix personnel. During the Term and for twenty-four (24) months thereafter, you will not, directly or indirectly, solicit for employment or engagement any Skallix employee or contractor with whom you had material contact during the Term, except through a general public job posting not specifically directed at Skallix personnel.

10.4 Departing personnel. When a User leaves your organization, you will immediately deactivate that User’s license, revoke API keys, rotate shared secrets, and instruct the departing individual to delete any locally cached Customer Data. You remain liable for any acts of a former User taken before deactivation. Skallix may, on written notice, suspend or rotate credentials of any User reported to have departed your organization.

11. Your Responsibilities & Compliance

You are solely responsible for (a) the accuracy, quality, legality, and integrity of all Customer Data you submit to or process through the Service; (b) obtaining all consents, notices, and authorizations required for you to collect, store, transmit, and process Customer Data through the Service, including notices to your End-Users; (c) compliance with every law applicable to your business and your use of the Service, including the Telephone Consumer Protection Act (“TCPA”), the Telemarketing Sales Rule, CAN-SPAM, state Do-Not-Call lists, the California Consumer Privacy Act (“CCPA”) and California Privacy Rights Act (“CPRA”), the Virginia Consumer Data Protection Act (“VCDPA”), the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, the Texas Data Privacy and Security Act, the General Data Protection Regulation (“GDPR”) where applicable, the E-SIGN Act, the Uniform Electronic Transactions Act (“UETA”), the Fair Credit Reporting Act, and applicable contractor-licensing, insurance-claims, and consumer- protection laws; (d) all activities of your Users; (e) configuring the Service in a manner consistent with your obligations to your End-Users; (f) maintaining your own backups; and (g) the security of any device used to access the Service.

You will not use the Service to send unsolicited marketing communications, to contact phone numbers or email addresses you did not obtain through documented prior express consent, or to engage in any practice that exposes Skallix or its Sub-Processors to a TCPA, CAN-SPAM, CASL, or carrier-policy claim. You will indemnify Skallix for any such claim pursuant to Section 30.

12. Customer Data You Process Through the Service

12.1 Roles. As between you and Skallix, you are the controller, business, or owner of Customer Data, and Skallix is the processor, service provider, or sub-processor, as those terms are defined under applicable law. Skallix processes Customer Data only on your documented instructions for the purpose of delivering the Service, billing, fraud prevention, abuse investigation, security, and as required by law.

12.2 Your warranties. You represent and warrant that (a) you have the right to disclose every piece of Customer Data to Skallix and to authorize the processing described in this Agreement and our Privacy Policy; (b) every End-User whose data you submit has received any notice and given any consent required by law for that processing; (c) you will respond to all End-User requests for access, deletion, correction, or opt-out; and (d) your collection and use of Customer Data does not infringe the rights of any third party.

12.3 Skallix restrictions. Skallix will not (a) sell or share (as those terms are defined under CCPA/CPRA) Customer Data; (b) use Customer Data outside the direct business relationship between you and Skallix; (c) combine Customer Data with data from other sources except as necessary to deliver the Service to you; or (d) use Customer Data to build profiles for advertising. Skallix may use de-identified, aggregated metrics derived from Customer Data to operate, secure, and improve the Service.

12.4 Sub-Processors. You authorize Skallix to engage Sub-Processors listed in the Privacy Policy. Skallix imposes contractual obligations on Sub-Processors no less protective than this Agreement and remains responsible for their compliance.

13. Trade Secrets & Confidentiality

You acknowledge that the non-public components of the Service — including source code, schemas, prompts, scoring algorithms, lead-acquisition methods, pricing models, internal documentation, audit-log structure, security architecture, and roadmap — are Skallix trade secrets that derive independent economic value from not being generally known. You will hold this information in strictest confidence, use it only to operate your Account, and disclose it to Users only on a need-to-know basis under written confidentiality obligations at least as protective as this Agreement.

You will not (a) disclose to any third party any non-public feature, screenshot, internal copy, beta function, or pricing offered to you; (b) participate in any public benchmark, review, or comparison of the Service without our prior written consent; or (c) disclose the existence, terms, or pricing of any negotiated order form. The obligations in this Section survive termination for five (5) years, and indefinitely for items that qualify as trade secrets under applicable law.

14. Intellectual Property & Feedback License

14.1 Skallix IP. Skallix and its licensors retain all right, title, and interest in and to the Service, including all worldwide patents, copyrights, trademarks, trade-secret rights, moral rights, and other intellectual property rights. All rights not expressly granted to you are reserved by Skallix.

14.2 Customer IP. You retain all right, title, and interest in and to your Customer Data. You grant Skallix a worldwide, royalty-free, non-exclusive license to host, copy, transmit, display, modify (only for formatting and rendering), and process Customer Data solely to provide and maintain the Service, and to create de-identified, aggregated derivatives that do not identify you or any End-User for the purpose of operating, securing, and improving the Service.

14.3 Feedback. If you provide feedback, suggestions, feature requests, bug reports, or other input (“Feedback”), you grant Skallix a worldwide, royalty-free, irrevocable, perpetual, transferable, sublicensable license to use, incorporate, and exploit that Feedback without restriction or compensation. Feedback is not Confidential Information of yours.

15. Third-Party Services & Sub-Processors

The Service integrates with and depends on third-party services, including without limitation Stripe (payments and billing), Twilio (SMS, voice, 10DLC and TFV registration), SendGrid / Postmark / Resend (transactional email), Google Maps Platform and Google Solar API (geocoding, distance, irradiance, imagery), QuickBooks Online and Sage (accounting export), EagleView / GAF QuickMeasure / SkyMeasure (roof measurement), Calendly / Google Calendar / Microsoft 365 (scheduling), DigitalOcean (hosting and backup storage), OpenAI / Anthropic / Google AI (large-language-model features), and the providers listed in the Privacy Policy.

Use of a third-party service is governed by that third party’s own terms and privacy policy, which you accept by enabling the integration. Skallix is not responsible for the availability, accuracy, or behavior of any third-party service, for any data you transmit to a third-party service through an integration, or for any decision a third-party service makes (including a payment decline, a measurement variance, or a carrier message rejection). Any dispute arising out of a third-party service is solely between you and that provider.

16. Lead Network Terms

Leads delivered through the Skallix Lead Network are sourced from publicly available data and verified homeowner interactions. Each lead is licensed on an “as-is, as-available” basis for a single purchasing contractor and may not be resold, redistributed, shared with affiliates, or used to train any model. Skallix does not guarantee that any lead will respond, qualify, or convert into a signed contract. Lead pricing is shown at the time of purchase; lead purchases are non-refundable once the lead is delivered, except in the limited cases described in Section 24.

You are responsible for contacting leads in compliance with the TCPA, state DNC rules, and all applicable telecommunications and consumer-protection laws. The fact that a lead was delivered through the Lead Network does not constitute prior express written consent for telemarketing under the TCPA; you are solely responsible for confirming the scope of consent before contacting any lead.

17. SMS, Voice & Telephony (TCPA / 10DLC / TFV)

SMS and voice traffic originated through the Service is delivered by Twilio and other Sub-Processors and is subject to U.S. carrier rules including A2P 10DLC, Toll-Free Verification, and CTIA Messaging Principles. You represent and warrant that, for every phone number to which you send a message or place a call through the Service, you have obtained and recorded the prior express written consent of the recipient as required by the TCPA, including the disclosure language, timestamp, IP address, and source-of-consent. Skallix may require you to upload a screenshot of the consent flow or other documentation as part of carrier registration; you will provide it within five (5) business days of request.

You will not (a) send messages containing SHAFT content (sex, hate, alcohol, firearms, tobacco) where prohibited; (b) send messages without honoring STOP / STOPALL / UNSUBSCRIBE / CANCEL / END / QUIT requests; (c) send marketing communications to numbers on the National DNC or any state DNC list without an established business relationship; (d) send recorded or auto-dialed calls without obtaining the heightened TCPA consent required for those messages; or (e) use the Service to send messages that violate any carrier policy. Carriers may delay, filter, or drop messages without notice; Skallix is not liable for carrier-caused failures.

You will indemnify Skallix and its Sub-Processors against every TCPA, DNC, CASL, or carrier-policy claim arising out of your traffic, including statutory damages, attorneys’ fees, and regulatory fines, on the terms set out in Section 30.

18. Electronic Signatures

Skallix CRM lets you send contracts to your clients for electronic signing. By ticking the “I agree to electronically sign this document” checkbox on the signing gate page, the signer acknowledges and agrees that: (a) the signer’s electronic signature has the same legal effect as a handwritten signature under the E-SIGN Act, 15 U.S.C. § 7001 et seq., and UETA as adopted in every state where the parties operate; (b) the signer has access to a device, browser, and email account capable of viewing the document; (c) the signer may withdraw consent to electronic delivery at any time by contacting the sender directly, but withdrawal does not affect the legal validity of signatures already executed; (d) the signer may request a paper copy of the signed document by emailing the sender; and (e) the signer understands that Skallix records the signer’s IP address, user agent, timestamps of consent and signature, the signer’s typed name, and a SHA-256 hash of the signed PDF as forensic proof of execution. The signer’s email address on file is the address of record for any electronic notices related to the signed document. Audit data is retained for the lifetime of the signed document plus seven (7) years, regardless of Account status.

19. AI Features & Automated Output

The Service includes generative-AI features (lead scoring, summarization, draft replies, transcription, document analysis, photo analysis). AI features are provided “as-is” and may produce inaccurate, incomplete, biased, or fabricated output. You are solely responsible for reviewing, correcting, and approving any AI-generated content before relying on it, sending it to an End-User, using it in a contract, or making any business decision based on it.

You will not (a) use AI output for an automated decision that produces legal or similarly significant effects on an individual without human review; (b) input Customer Data of categories (sensitive personal information, biometric data, health data, or children’s data) into AI features unless and until Skallix expressly enables that category for your Account; or (c) use the Service to train any third-party model. You retain Customer-Data ownership of inputs and outputs subject to Section 14.

20. Right to Modify, Suspend, or Discontinue

Skallix may modify, add, deprecate, suspend, or discontinue all or any portion of the Service (including any third-party integration) at any time, with or without notice. Skallix will use commercially reasonable efforts to notify Accounts of material adverse changes thirty (30) days in advance via email or in-app banner. Skallix is not liable to you or any third party for any modification, suspension, or discontinuance.

Skallix may suspend your Account or any User immediately, without notice, if Skallix reasonably believes that (a) continued use creates a security, legal, or carrier-compliance risk; (b) you have materially breached this Agreement; (c) your payment instrument has failed; (d) you, your User, or your traffic is the subject of a credible regulatory or law-enforcement inquiry; or (e) Skallix is required to do so by law. Suspension is in addition to, not in lieu of, termination.

21. Compliance Audits & Monitoring

Skallix may, no more than once per calendar year, audit your use of the Service to verify compliance with this Agreement. An audit may be conducted by Skallix personnel or an independent auditor under a confidentiality obligation. You will provide reasonable cooperation and access to records relevant to seat counts, User identity, API consumption, and Customer-Data sourcing within fifteen (15) business days of request.

In addition, Skallix continuously monitors server logs, request fingerprints, traffic patterns, and User behavior to detect breach, abuse, scraping, fraud, and security incidents. You consent to this monitoring. Findings of unauthorized use may be used to assess liquidated damages under Section 31, terminate this Agreement under Section 25, and refer the matter to law enforcement.

22. Billing, Subscriptions & Auto-Renewal

Subscription Fees are billed in advance on a monthly or annual basis as agreed at signup, by valid credit card or other payment instrument processed by Stripe. All Fees are exclusive of taxes, levies, and similar government assessments, which you are responsible for paying. Skallix may modify Fees with thirty (30) days’ prior notice; modified Fees take effect at the next renewal.

Subscriptions auto-renew at the end of each Term at the then-current rate unless cancelled in your Account settings at least thirty (30) days before the renewal date. Pre-paid annual fees are non-refundable. If your payment fails, Skallix may retry up to four (4) times over a forty-eight (48)-hour grace period; if still unsuccessful, Skallix may suspend the Account. Charges for additional seats, Lead Network purchases, SMS / voice usage, and add-ons accrue throughout the billing period and are charged on the next invoice.

You waive any right to set-off any amount you claim against Fees owed to Skallix. Any billing dispute must be raised in writing within ninety (90) days of the invoice date; failure to do so constitutes a waiver of the dispute.

23. Free Trials & Promotional Credits

Promotional offers such as free-month credits, free-lead promotions, “3 months free” trials, and other credits are made available at Skallix’s sole discretion, are personal to the original Account, are non-transferable, and may be revoked for any reason including breach of this Agreement or fraud. Trial periods do not extend the cancellation notice requirement in Section 22. A valid payment instrument may be required to activate a trial.

24. Refunds & Chargebacks

Except where required by applicable law, Fees are non-refundable. Lead Network purchases are non-refundable once the lead is delivered; a lead may be eligible for replacement (not refund) within seventy-two (72) hours of delivery in narrowly defined cases (duplicate, disconnected phone, fictitious name) as described in the Lead Network product page.

If you initiate a chargeback or payment-instrument reversal in respect of any undisputed Fee, Skallix may (a) immediately suspend the Account; (b) assess a $50 administrative fee per chargeback; (c) refer the matter to collections; and (d) invoice you for the reversed amount plus interest at the lesser of 1.5% per month or the maximum rate permitted by law.

25. Termination

Either party may terminate this Agreement at the end of the current Term for any reason by giving notice as described in Section 22. Skallix may terminate immediately, without refund, on notice if you (a) materially breach any provision of this Agreement and fail to cure within ten (10) calendar days of written notice, or breach a non-curable provision (including Sections 6, 7, 8, 9, 10, 13, 17, or 21); (b) fail to pay any undisputed Fee; (c) become insolvent or subject to bankruptcy proceedings; (d) use the Service in a manner that creates a security, regulatory, carrier, or reputational risk to Skallix; or (e) Skallix reasonably believes you are a competitor or are acting for one.

Upon termination, your right to access the Service ceases immediately, all outstanding Fees become due, and the obligations that by their nature survive termination (including Sections 6–14, 21, 26, 28–33) survive.

26. Data Export & Deletion Upon Termination

For thirty (30) days after termination, Skallix will make a self-service export of your Customer Data available in CSV and PDF format. After that thirty (30)-day window, Skallix will permanently delete Customer Data from active production systems within sixty (60) days. Encrypted, immutable backup copies may persist for up to one hundred eighty (180) days after deletion before being purged on normal retention cycles. Audit data required for legal-evidence purposes (electronic-signature audit records, financial-transaction records, abuse-investigation records) is retained as described in our Privacy Policy and the relevant sections of this Agreement, notwithstanding deletion of the rest of your Customer Data.

You may request an expedited deletion in writing; Skallix will use commercially reasonable efforts to honor it, but may retain data as required by law, regulation, or pending dispute.

27. Trademarks

“Skallix”, the Skallix logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Skallix or its affiliates. You may not use Skallix marks without our prior written consent. Skallix may identify you as a customer in customer lists, case studies, and marketing materials using your name and logo, subject to your reasonable trademark-usage guidelines.

28. Disclaimer of Warranties

THE SERVICE, ALL CONTENT, AND ALL AI OUTPUT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKALLIX AND ITS SUB-PROCESSORS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. SKALLIX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF MALWARE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT AI OUTPUT WILL BE ACCURATE OR RELIABLE, THAT ANY LEAD WILL CONVERT, OR THAT ANY MESSAGE WILL BE DELIVERED. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION OBTAINED FROM SKALLIX OR THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

29. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SKALLIX NOR ITS SUB-PROCESSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, LOSS OF GOODWILL, COST OF SUBSTITUTE SERVICES, OR DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) ANY THIRD-PARTY SERVICE; (iii) UNAUTHORIZED ACCESS, ALTERATION, OR DELETION OF DATA; (iv) AI OUTPUT; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, EVEN IF SKALLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SKALLIX’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS UNDER OR IN CONNECTION WITH THIS AGREEMENT (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE) WILL NOT EXCEED THE LESSER OF (a) THE FEES YOU PAID TO SKALLIX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE THOUSAND U.S. DOLLARS ($1,000). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS CAP. THIS LIMITATION IS A MATERIAL PART OF THE BARGAIN AND IS REFLECTED IN SKALLIX’S PRICING.

30. Indemnification

You will defend, indemnify, and hold harmless Skallix, its affiliates, Sub-Processors, and their respective directors, officers, employees, and agents (each, an “Indemnitee”) from and against any third-party claim, demand, regulatory action, investigation, or proceeding, and all resulting liabilities, damages, fines, penalties, judgments, settlements, costs, and reasonable attorneys’ fees, arising out of or related to (a) Customer Data, including any allegation that Customer Data infringes the rights of a third party or violates law; (b) your or your Users’ use of the Service, including in breach of this Agreement; (c) your SMS, voice, or email traffic (TCPA / DNC / CAN-SPAM / CASL claims, carrier fines, regulatory inquiries); (d) your collection, processing, or disclosure of End-User personal information; (e) your violation of Sections 6, 7, 8, 9, 10, 13, 16, 17, or 19; (f) any contractor-licensing, consumer-protection, insurance-claims, or building-code violation; or (g) your fraud, willful misconduct, or gross negligence.

Skallix will (i) promptly notify you of the claim, (ii) tender control of the defense to you (subject to Skallix’s right to participate at its own expense), and (iii) reasonably cooperate. You may not settle a claim that imposes any obligation, admission, or liability on an Indemnitee without Skallix’s prior written consent.

31. Injunctive Relief & Liquidated Damages

You acknowledge that a breach of Sections 6 (Restrictions on Use), 7 (Anti-Scraping), 8 (Anti-Reverse-Engineering), 9 (Tenant Isolation), 10 (Non-Solicitation), 13 (Trade Secrets), or 14 (Intellectual Property) would cause Skallix irreparable harm for which monetary damages alone are inadequate. Skallix is therefore entitled, in addition to all other remedies, to seek immediate temporary, preliminary, and permanent injunctive relief, specific performance, and other equitable relief, without the necessity of posting a bond or proving actual damages.

Liquidated damages for unauthorized data extraction. You acknowledge that quantifying actual damages from scraping, bulk extraction, or cross-tenant data harvesting is inherently difficult. Accordingly, you agree that, in addition to all other remedies, Skallix is entitled to liquidated damages of $1.00 per record wrongfully accessed, copied, exported, or transmitted in violation of Section 6(f), Section 7, or Section 9, plus $50,000 per distinct scraping campaign or cross-tenant access event, plus all costs of investigation, forensics, attorneys’ fees, and court costs. The parties stipulate that these amounts are a reasonable pre-estimate of harm and are not a penalty.

32. Class-Action & Jury-Trial Waiver, Arbitration

32.1 Informal resolution. Before filing any claim, you agree to first contact Skallix at support@skallix.com with a written description of the dispute and to attempt to resolve it informally for at least sixty (60) days.

32.2 Binding arbitration. Except for claims for injunctive relief under Section 31, intellectual- property claims, or small-claims-court actions, all disputes arising out of or relating to this Agreement or the Service will be resolved exclusively by final, binding, individual arbitration administered by JAMS under its Streamlined Arbitration Rules in Los Angeles, California, in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

32.3 Class-action waiver. You and Skallix agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any class or representative proceeding.

32.4 Jury-trial waiver. To the maximum extent permitted by law, each party knowingly, voluntarily, and intentionally waives any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to this Agreement or the Service.

33. Governing Law, Venue

This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 32, the state and federal courts located in Los Angeles County, California, have exclusive jurisdiction over any action seeking injunctive relief, intellectual-property relief, or enforcement of an arbitration award. Each party consents to such jurisdiction and venue and waives any objection based on forum non conveniens.

34. General Provisions

34.1 Entire agreement. This Agreement, the Privacy Policy, any order form, and any product-specific terms together constitute the entire agreement between the parties and supersede every prior or contemporaneous communication on the subject.

34.2 Amendment. Except as provided in Section 35, no modification of this Agreement is binding on Skallix unless signed by an authorized Skallix officer.

34.3 Severability & blue-pencil. If any provision is held unenforceable, the remainder will continue in effect; the unenforceable provision will be modified or limited only to the minimum extent necessary to make it enforceable.

34.4 No waiver. No failure or delay in exercising a right is a waiver of that right. Waivers must be in writing.

34.5 Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without Skallix’s prior written consent. Skallix may assign without consent to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any prohibited assignment is void.

34.6 Independent contractors. The parties are independent contractors; nothing creates a partnership, joint venture, agency, or fiduciary relationship.

34.7 No third-party beneficiaries. This Agreement is for the benefit of the parties only; no third party (including any End-User) has any rights under it.

34.8 Notice. Notices to Skallix must be sent to support@skallix.com with a copy by mail to the address published on our website. Notices to you may be sent to the email address on file or posted in-app.

34.9 Force majeure. Except for payment obligations, neither party is liable for failure to perform due to causes beyond its reasonable control, including strikes, riot, war, pandemic, governmental action, internet or utility outages, or third-party service failures.

34.10 Export & sanctions. You will comply with all export-control and economic-sanctions laws of the United States and other applicable jurisdictions, will not access the Service from an embargoed country, and represent that you are not on any U.S. or other sanctions list.

34.11 Federal Government end users. The Service is “commercial computer software” under 48 C.F.R. 12.212 and DFARS 227.7202; use by U.S. Government entities is subject to this Agreement.

34.12 Headings. Headings are for convenience only and do not affect interpretation.

34.13 Survival. Any provision that by its nature should survive termination — including Sections 6–14, 21, 22 (for accrued Fees), 26, 28–33 — survives.

35. Changes to These Terms

Skallix may update these Terms from time to time. Material changes will be communicated by email to the address on file and/or by in-app notification at least thirty (30) days before they take effect. Non-material changes (clarifications, typo fixes, sub-processor updates, references to new product features that don’t alter your rights) take effect on posting. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and may terminate as described in Section 25.

36. Contact

Questions, notices, or requests under these Terms — including legal, security, abuse / scraping, and billing matters — should be sent to support@skallix.com, or submitted through our contact form. We will route your message internally to the appropriate team.

Updated May 13th, 2026

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