Welcome to Skolay (“Application,” “Site,” or “Service”), owned and operated by Skolay, Inc. (“Skolay”). We appreciate your trust in our services. In order to provide the Skolay marketplace platform through our website (skolay.com
), mobile application, and through the services we provide (collectively, the application, website, and services referred to as our "Site"), and continue to make them better, Skolay, Inc. (“Skolay,” "we," "us," or "our") collects information from you.
By signing up on the account registration or using the Site in any way, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of thirteen (13) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Site you are accepting a benefit that cannot be disgorged. Skolay may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting
2. Skolay is a Venue
A. Skolay Marketplace
By creating an account on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Site account using a false identity or providing false information or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.
B. Third-Party Content
The Skolay Site is a venue for recreational and entertainment purposes that exists solely to broker conversations. Paid parties on the Site are not employees or agents of Skolay but are independent service providers and are simply Users of the Site. Skolay is not involved in the conversations between Users. You understand and acknowledge that Skolay does not edit, modify, monitor, endorse or guarantee the content of calls. Skolay shall not be liable for acts, information, or materials submitted in the content of User profiles, messages, or calls.
C. Restricted Activities
You agree that any content you provide on the Site and your use of our Site shall now: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy (Skolay can remove unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene; (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (g) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to link to or include.
You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system, the content on the Site, or speech that occurs during a Skolay conversation without Skolay’s prior written consent.
3. Terms and Conditions Specific to Mobile Applications
By downloading and using one or more versions of the Skolay Application (“App”), you agree that in addition to this Agreement governing your use of the App and Skolay, the following terms and conditions specifically applicable to your use of the App (the “Mobile Terms”) also apply to you:
(a) You acknowledge that the Mobile Terms and the Agreement is between you and Skolay, and not any other third-party beneficiary (as defined below in (b)) and you understand that Skolay is solely responsible for the App;
(b) Additionally, Apple or Google, Inc. will be a third-party beneficiary to this contract if you access the Skolay platform using Applications developed for Apple iOS;
(c) Your access and use of the Skolay App using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service;
(d) The third-party beneficiaries listed above are not parties to this Agreement and are not responsible for the provision or support of the Skolay platform in any way;
(e) If you are accessing the Skolay App through an Apple device, you acknowledge that Apple and its subsidiaries (collectively, “Apple”) are third party beneficiaries of the Agreement and upon your download of and use of the App indicating your assent and agreement to the Mobile Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Mobile Terms against you as a third party beneficiary thereof.
4. Charges, Refund, and Cancellation Policy
Skolay platform allows Customers to facilitate communication via in-app messaging and calls. Customers on the Site engage in a pay-per-call model. With the pay-per-call model, once you have selected the User and submitted your payment information, your call will start or be booked for a later date and/or time.
By providing your payment information, you agree that Skolay may place a pre-authorization hold and, after your conversation has concluded, authorize the payment provider to immediately charge you for all amounts due and payable with no additional notice to or consent from you.
Users are charged the full cost of the appointment when the booked slot concludes.
Cancelations made within 24 hours of the booked appointment start time will be charged 25% of the total cost.
Users can choose to declare that they will be donating a portion of their proceeds, up to 100%, to a charitable organization of their choice. This donation happens off-platform, after the platform pays the User their full proceeds, and Skolay, Inc. is in no way affiliated with charitable organizations.
6. Legal Statements
Users are responsible for their acts and omissions and content placed on the Site. Skolay will not be liable to Users for any disputes that may arise between or among Users.
You acknowledge that Skolay and its licensors and suppliers own the rights to the Skolay website and the content displayed on the Site. Recording Skolay conversations and the distribution of recordings is strictly prohibited without Skolay’s prior written consent. If you do not accept the Terms of Service, your sole and exclusive remedy is to cancel your account and discontinue using the Site. Failure to follow the Terms of Service will result in the immediate cancelation of your account.
7. No Endorsement of Non-Skolay Entity
The Site may contain links to third party websites and service providers (collectively, “Third Party Services”) that are not owned or controlled by Skolay. Skolay has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services. Placement of information, logos, links or names of such non-Skolay entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. By using this Site, you take full responsibility for a decision to visit or patronize any such Third Party Service or entity, and you hold Skolay harmless from any and all liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Skolay or between any User and Skolay by formation of this Agreement (or any of the Terms) or by your participation on the Site.
8. Information Control
We do not control the information provided by Users. Please use caution and common sense when using the Site. By using this Site, you agree to accept such risks and that Skolay is not responsible for the acts or omissions of Users on the Site.
You agree to indemnify and hold Skolay, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third-party that are in any way due to, or arising out of, your use of or conduct on the Site.
9. Press Releases and Third-Party Press
The Site may contain press releases and other information about Skolay. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Skolay. Likewise, third-party press about Skolay or the Site should not be relied upon as being provided or endorsed by Skolay.