Hospitality Tipping App? Yep, and You Can Customize It! 

THESE TERMS CHANGE OUT, AND GO THROUGH UPDATES PRETTY FREQUENTLY. PLEASE CHECK IN EVERY NOW AND AGAIN TO SEE THE LATEST VERSION OF OUR T&C's  Thanks

TERMS AND CONDITIONS STATEMENT:

THE PEACEFUL OUTS COLLECTIVE / THE SKYBER PLATFORM

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These terms of service constitute a legally binding agreement (the “Agreement”) between you and The Peaceful Outs Collective. (The Peaceful Outs Collective other wise known as “Skyber” “we,” “us” or “our”) governing your use of the Skyber application, website, and technology platform (collectively, the “Skyber Platform”) An Out is defined as, the process of a helper taking luggage to, in, and around an airport terminal with a guest(s) on foot (not in a motorized vehicle, unless it’s a shuttle driver driving a guest to and fro destinations close by the airport). The helper lifting and loading bags safely on a cart, mentally comforting a guest’s travel experience with compassion, and unloading (and or checking in) their bags at the desired location of the guest in an airport.

Please be advised: This agreement may go through provisions and updates without prior notice to anyone (helpers, guests, empathy seekers, or application analysts). For example provisions that govern how claims you and Skyber have against each other can be brought. These provisions will, with limited exception, require you to submit claims you have against Skyber to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.

As a Skyber helper, you can opt out of arbitration with respect to certain claims as provided below. Furthermore you (helpers, or even guests trying to gain an arbitration) understand that you must go through the helper’s immediate airport vendor relationship first before attempting to involve yourself with arbitration opt outs, or claims against Skyber. You agree to keep in mind that first and foremost, Skyber is only an ‘out’ enhancement service developed, and provided through modern technology for the relief of mental anguish incurred from air travel. If the arbitration and claims that you have pursued through the helper’s immediate vendor has failed, then these provisions below will be in effect when pursuing such events towards / against Skyber (the Peaceful Outs

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Skyber. If you do not wish to be bound by these terms, then you may not access or use the Services. These Terms shall supersede prior agreements, and arrangements with you. Skyber may eliminate these Terms and or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

By entering into to this Agreement, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SKYBER PLATFORM.

The Skyber Platform

The Skyber Platform provides a marketplace where persons who have a light airport traveler’s distress that seek help with luggage transport to certain destinations in the terminals (“Guests”) can be matched with airport workers, which are those persons already assigned with platform trucks in the airport that use their equipment to take persons to those destinations (“Helpers”). Helpers and Guests are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Skyber Platform. For purposes of this Agreement, the transporting of luggage services provided by Helpers to Guests that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each luggage transportation Service provided by a Helper to a Guest shall constitute an affable agreement between such persons in, and or around an airport.

Modification to the Agreement

In the event Skyber modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Skyber reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Skyber Platform or Services after any such changes shall constitute your consent to such changes.

Eligibility

The Skyber Platform’s assigned helpers may only be used by individuals who have already obtained a current worker’s badge in an airport that they’re already employed in, or are in a driving position in a parking facility, restaurant, hotel, or any nearby legitimate airport business. The Skyber Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.

Donations

As a Guest, you agree to pay the suggested donation membership amounts charged for your use of the Skyber Platform and Services (“Charges”). Charges include Donations plus any tips to the Helper that you elect to donate to. Skyber has the authority and reserves the right to determine and modify recommended donations by posting applicable charitable terms from time to time according to the cities traveled. Leveling the donation may vary based on the type of service you request. (e.g. depending on how much time that you feel you need with the Skyber, and if the Skyber has no paralleled or follow up assignments) You are responsible for reviewing all charges incurred under your User account regardless of your awareness of such charges or the amounts thereof.

Donations. There are two types of Donations, variable and quoted.

• Variable Donations. Variable Donations consist of a base gift and incremental gifts based on the duration and distance of your luggage transport walk. For particularly short walks, minimum Donations may apply. Please note that we may use GPS data from your Helper’s phone to calculate the distance traveled on your luggage transport. We cannot guarantee the availability or accuracy of internet network, and or phone service data. If we lose signal we will calculate time and walking distance using available data from your luggage transport. (gift, gifts, gifting = monies from guest’s applicable debit, credit, or ach bank information)
• Quoted Donations. In some cases Skyber may quote you a common donation at the time of your request. The quote is subject to change until the luggage transport request is confirmed. If during your luggage transport you change your destination, make multiple stops, or attempt to abuse the Skyber Platform, we may cancel the donation quote and place you on a higher variable fair donation based on the time and distance of your luggage transport. Skyber does not guarantee that the quoted fair donation to give will be equal to a variable money collections rate that you may incur for the same luggage transport.
• Fleek Rate. In rare cases donations may be subject to a multiplier at times of high demand of the Services (“Fleek Rate”) as determined by Skyber. For all transports in and around the terminals with a variable fair donation calculation, we will use reasonable efforts to inform you of any Fleek Rate multipliers in effect at the time of your request. For quoted Donations we may factor in the Fleek Rate donation multiplier into the quoted donation of the luggage transport. Any Fleek Rate donations shall be considered part of the base donation. Fleek rates are almost always used for curbside service for departures. Being that this app is built for baggage claim use, and helping those in obscure areas of the airport, other deviations from this sole purpose may force the app into a fleek rate mode.

Other Charges.

• Cancellation Fee. After requesting a luggage transport you may cancel it through the app, but note that in most cases a cancellation fee will apply. You will also be required to pay a fee if you fail to show up after requesting a luggage transport. Large percentages of the collected cancellation fees will be passed to the Helper who had accepted your luggage transport request.
• Damage Fee. In extremely rare cases, if a Helper reports that you have materially damaged the Helper's luggage platform truck, you (the guest) agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Skyber in its sole discretion), towards the skyber’s cart repair or cleaning.
• Skyber reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Helper whose cart was damaged.

Other Charges. Other fee and surcharges may apply to your luggage transport, including: processing fees for split payments.

• Tips. The fare itself, and any cash tips given from the guest to the helper after the delivered luggage transport and processing has occurred, will be provided entirely to the applicable Helper. The helper through their own vendor relationships within the airports they work in, or parking facilities, or wherever the helper works, will be responsible for the claiming of those tips, and the sorting out of any and all tax information. Skyber is only an out enhancer. The app's design is to help those workers who are already in the traveling trade industry get more daily runs.  So workers please claim all your digital tips that come through this app, along with your physical tips. This app was not designed for dual platforming. Workers using this in regular cars, or workers gathering luggages in airports with regular clothes on (e.g. without legit skycap uniforms) , will have their accounts deactivated. If you're tricking the app out by working the 'other' category, you may do so, but only as a barber, bar backer, waiter, hostess, hotel concierge, or what have you. Once again, this app was designed for the guest services trade. As long as you're working in the trade of guest services already, then you may use Skyber.

General.

• Facilitation of Charges. All Charges are facilitated through a SSL protected third-party payment processing service (e.g., ACH processing through users’ banks, PayPal express check out, a division of PayPal, Inc.). Skyber may replace its third-party payment processing services without notice to you. Charges shall only be made through the Skyber Platform. With the exception of tips (e.g. extra donations at the end of a service run), cash payments are only allowed as tips by the guest to the worker, after the run is done .
• No Refunds. All donations charged are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Skyber Platform, any disruption to the Skyber Platform or Services, or any other reason whatsoever.
• Credits and Luggage transport Discounts. In the near future, you may receive credits ("Skyber Credits") or Luggage transport discounts that you can apply toward payment of certain Charges upon completion of a Luggage transport run. Skyber Credits and Luggage transport Donation Discounts are only valid for use on the Skyber Platform, and are not transferable or redeemable for cash except as required by law. Skyber Credits and Luggage transport Discounts cannot be combined, and if the cost of your luggage transport exceeds the applicable credit or discount value we will charge your donation payment method on file for the outstanding cost of the Luggage transport. Luggage transport Discounts only apply to the Fair donation calculation, not any other charges. If you split payment for a Luggage transport with another User, your Skyber Credits or Luggage transport Discount will only apply to your portion of the Charges. Additional restrictions on Skyber Credits and Luggage transport Discounts may apply as communicated to you in a relevant promotion or by clicking on the relevant Skyber Credit or Luggage transport Discount within the Payments section of the Skyber App.
• Credit Card Authorization. Upon addition of a new donation payment method or each luggage transport request, Skyber may seek authorization of your selected donation payment method to verify that payment method, ensure the luggage transport costs will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

Payments

If you are a Helper, you will receive donation payments for your provision of Services. All fair donation calculations are subject to a Skyber Commission, discussed below. You will also receive any tips provided by Guests to you, and tips will not be subject to any Skyber Commission. Skyber will process all donation payments due to you through its SSL protected third party payments processor.

• Commission. In exchange for permitting you to offer your Services through the Skyber Platform and marketplace as a Helper, you agree to give Skyber (and permit Skyber to retain) a percentage fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Helper portal. Skyber reserves the right to change the Commission at any time in Skyber’s discretion based upon local market factors, and Skyber will provide you with notice in the event of such change. Continued use of the Skyber Platform after any such change in the Commission calculation shall constitute your consent to such change. As of right now, you’ll get your money on each run on a 2 day rolling basis after the pay out day. Pay outs are Wednesdays. This 2 day basis after the Wednesday payout, is when your money transfers over. So if you help somebody on Monday, money will be in your bank account by Friday by 6pm. To be safe, please empty out your task histories at least once a week, to keep the app working at an optimal speed.
• Obtaining Earned Donations. You expressly authorize Skyber to set the recommended synched donations on your behalf for all Charges that apply to the provision of Services. Skyber reserves the right to change the Fair Donation Calculation schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base fair donation calculation, per minute wait amounts that would result in a change in the applicable Donations. Donations may be subject to maximum recommended limits as set forth in the up and coming market’s Skyber Cities page or the Skyber Help Center (check regularly for updates).
• Fair Donation Calculation Adjustment. Skyber reserves the right to adjust or withhold all or a portion of Donations if it believes that (i) you have attempted to defraud or abuse Skyber or Skyber’s payment systems, (ii) in order to resolve a Guest complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the Skyber application when the luggage transport was over). Skyber’s decision to adjust or withhold the Fair Donation Calculation in any way shall be exercised in a reasonable manner. Since this app is designed for experienced skycaps, experienced shuttle drivers, and the like, please do your best to NOT have any airport work service failures.
• Express Pay. If you elect to receive payments through Skyber’s Express Pay feature (which, in the near future, Skyber may offer to you in its sole discretion), you acknowledge that payments made to your debit card are provided through the Suntrust FDIC Insured bank, upon receiving instructions from Skyber’s payment processor (PayPal) following your approval. Suntrust Bank will make the ach payment. All Express Pay funds are transferred to your debit card by Suntrust Bank and not PayPal. You may be charged a fee for this Express Pay service as described by Skyber prior to confirmation.

Skyber Communications

By becoming a User, you agree to receive communications from us, including via e-mail, text message, and calls. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Skyber, its affiliated companies and/or Helpers, may include but are not limited to: operational communications concerning your User account or use of the Skyber Platform or Services, updates concerning new and existing features on the Skyber Platform, communications concerning promotions run by us or our third- party partners, and news concerning Skyber and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SKYBER PLATFORM OR THE SERVICES.

Your Information

Your Information is any information you provide, publish or post to or through the Skyber Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Skyber-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Skyber Platform and participate in the Services. Our collection and use of personal information in connection with the Skyber Platform and Services is as provided in Skyber’s Privacy Policy below. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Skyber to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Skyber does not assert any ownership over your Information; rather, as between you and Skyber, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

You may be able to create or log-in to your Skyber User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account"). By connecting to Skyber through an SNS Account, you understand that Skyber may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”). You understand that SNS Content may be available on and through the Skyber Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.

Promotions and Referral Programs

Skyber, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Skyber. Skyber reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that Skyber determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

As part of your User account, Skyber may provide you with or allow you to create a “Skyber Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Skyber Guests (“Referred Guests”) or Helpers (“Referred Helpers”). Skyber Codes may only be distributed for promotional purposes and must be given away free of charge. You are prohibited from advertising Skyber Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. Skyber reserves the right to deactivate or invalidate any Skyber Code at any time in Skyber’s discretion.

From time to time, Skyber may offer you with incentives to refer new Users to the Skyber community (the “Referral Program”). These incentives may come in the form of Skyber Credits, and Skyber may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of Skyber Codes and participation in the Referral Program is subject to this Agreement and any future additional rules that we’ll update you with, whenever that time comes.

Restricted Activities

Users will already be in total compliance with all rules that come with traveling and working within an airport. Along with those airport rules in place, The Skyber Platform and your participation in the Services, lists these add on rules. You the user of this service, agree that you will not:

1. guests must not impersonate any person or entity;
2. stalk, threaten, or otherwise harass any person, or carry any weapons;
3. violate any law, statute, rule, permit, ordinance or regulation;
4. interfere with or disrupt the Services or the Skyber Platform or the servers or networks connected to the Skyber Platform;
5. post Information or interact on the Skyber Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
6. Use the Skyber Platform in any way that infringes any third party’s rights.
7. post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
8. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Skyber Platform; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Skyber Platform or its contents;
9. link directly or indirectly to any other web sites;
10. transfer or sell your User account, password and/or identification to any other party
11. (guests) discriminate against, frame up, sabotage, and jeopardize a helper and or (helpers) harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
12. cause any third party to engage in the restricted activities above.
13. Helpers with luggage will not cancel a guest request. If you cancel a request in 4 separate scenarios, then the helper’s account will be suspended until further notice.

Helper Representations, Warranties and Agreements.

By providing Services as a Helper on the Skyber Platform, you represent, warrant, and agree that:

1. You’re authorized and medically fit to operate a platform truck / luggage cart / rack / four wheeler, in the airport, and have proper authority to provide luggage transportation to Guests in all airport jurisdictions in which you provide Services.
2. You own, or use through your airport employer when providing Services, and such, that your luggage cart is in good operating condition and meets the industry safety standards and all applicable statutory and state department of luggage cart requirements for that of its kind.
3. You will not engage in reckless behavior while transporting of luggage, drive a luggage cart unsafely, operate a cart that’s unsafe, be involved in a luggage cart collision of any kind, permit an unauthorized third party to accompany you to push the cart while providing Services, provide Services as a Helper while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Skyber community or third parties.
4. You will only provide Services using the cart that has been reported to, and approved by your vendor airport employer, and you will not transport more luggage than can securely be stacked on such a cart.
5. You will not make any misrepresentation regarding Skyber, the Skyber Platform, the Services or your status as a Helper.
6. You will not engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
7. You will not attempt to defraud Skyber or Guests on the Skyber Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Donations or other donation payments for the luggage transport(s) in question.
8. You will make reasonable accommodation for Guests luggage and/or for service animals.
9. You agree that we may obtain information about you, including your criminal records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
10. If not through your vendor, you will pay all applicable federal, state and local taxes based on your provision of Services and any tips received by you.

Intellectual Property

All intellectual property rights in the Skyber Platform shall be owned by Skyber absolutely and in their entirety. These rights include and are not limited to database rights, and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Skyber Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Skyber. Skyber shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Skyber logos, or Skyber Marks may not be used in any manner that is likely to cause confusion. You acknowledge that Skyber is the owner and licensor of the Skyber Marks, including all goodwill associated therewith, and that your use of the Skyber Marks will confer no additional interest in or ownership of the Skyber Marks in you but rather inures to the benefit of Skyber. You agree to use the Skyber Marks, and the Skyber Platform in general only as an ‘out’ enhancer. As in we’re helping you get more ‘outs’ on your shift. An out is you getting a guests’ luggage and helping them transport that load throughout the airport.

You agree that you will not use the Skyber Marks on or in connection with any product, service or activity that violates any statutes. You further agree to assign any interest or right you may have in such materials to Skyber, and to provide information and execute any documents as reasonably requested by Skyber to enable Skyber to formalize such assignment.

Disclaimers

The following disclaimers are made on behalf of Skyber, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.

Skyber does not provide any aviation services, and Skyber is not an aviation vendor contracted employer. Skyber allows for technological ‘out’ enhancement. It is up to the Helper to decide whether or not to offer a luggage transport to a Guest contacted through the Skyber Platform, and it is up to the Guest to decide whether or not to accept a luggage transport from any Helper contacted through the Skyber Platform. We cannot ensure that a Helper or Guest will complete an arranged luggage transport service. Only through this wording, faith, and hope that all users themselves will take control over the quality, supreme heights coaching, or safety of the luggage transport that happens as a result of these Services.

The Skyber Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory.

We do not guarantee and do not promise any specific results from use of the Skyber Platform and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, or fitness for a particular purpose.

We do not warrant that your use of the Skyber Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Skyber Platform will be corrected, or that the Skyber Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Skyber Platform or Services.

We cannot guarantee that each Guest is who he or she claims to be. Please use common sense when using the Skyber Platform and Services, including looking at the photos of the Helper or Guest you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Skyber Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Helper or Guest prior to engaging in an arranged luggage transportation walk-deal.

Skyber is not responsible for the conduct, whether online or offline, of any User of the Skyber Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left on luggage carts by Helpers or Guests. By using the Skyber Platform and participating in the Services, you agree to accept such risks and agree that Skyber is not responsible for the acts or omissions of Users on the Skyber Platform or participating in the Services.

Skyber expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.

It is possible for others to obtain information about you that you provide, publish or post to or through the Skyber Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Skyber Platform or through the Services. Please carefully select the type of information that you post on the Skyber Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).

Opinions, advice, statements, offers, or other information or content concerning Skyber or made available through the Skyber Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Skyber Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Skyber Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Location data provided by the Skyber Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Skyber, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Skyber Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Skyber Platform may be accessible to Skyber and certain Users of the Skyber Platform.

Skyber advises you to use the Skyber Platform with a data plan with unlimited or very high data usage limits, and Skyber shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Skyber Platform.

This paragraph applies to any version of the Skyber Platform that you acquire from the Apple App or Google Play Store. This Agreement is entered into between you and Skyber. Google Play for Android Inc, and Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Skyber Platform. Skyber, not Android nor Apple, is solely responsible for the Skyber Platform and the content thereof as set forth hereunder. However, Android, Apple and their subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. You are “the end-user.” In the event of a conflict in the terms of the Apple or Android Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.

Indemnity

You will defend, indemnify, and hold Skyber including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Skyber Platform and participation in the Services, including: your ownership, use or operation of a luggage cart, including your provision of Services as a Helper; and/or any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Limitation of Liability

In NO event will Skyber, including our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, agents, or share holders (collectively “Skyber” for purposes of this section) be liable to you for any incidental, special exemplary, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the Skyber Platform, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Skyber Platform, the services, or this agreement, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility so such damages. The Skyber Platform may be used by you to request and schedule luggage transportation, but you agree that Skyber has no responsibility or liability to you related to any luggage transportation, goods, or other services provided to you by third party providers other than as expressly set forth in these terms.

Term and Termination

This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Skyber; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of the restricted activities section of this Agreement. In addition, Skyber may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services (2) you fall below Skyber’s star rating or cancellation threshold; (3) Skyber has the good faith belief that such action is necessary to protect the safety of the Skyber community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Skyber’s reasonable satisfaction prior to Skyber permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Skyber’s satisfaction, this Agreement will not be permanently terminated. Agreement modifications, Skyber communications, your information, intellectual property, indemnity, limitation of liability, confidentiality, relationship with Skyber, dispute resolution / arbitration, and the general provisions of these terms and conditions, shall survive any termination or expiration of this Agreement.

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Skyber’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Skyber for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Skyber in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Skyber with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Skyber or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Skyber; becomes known to you, without restriction, from a source other than Skyber without breach of this Agreement by you and otherwise not in violation of Skyber’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Skyber to enable Skyber to seek a protective order or otherwise prevent or restrict such disclosure.

Relationship with Skyber

As a Helper on the Skyber Platform, you acknowledge and agree that you and Skyber are in a direct non profit business relationship, and the relationship between the parties under this Agreement is solely that of tech-linked independent vendorship parties. You and Skyber expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Skyber; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Skyber, and you undertake not to hold yourself out as an employee, agent or authorized representative of Skyber. You take it as is; a technological “out” or “shuttle run” enhancer, for helpers to have a chance in providing for more compassionate outs/runs per day, and for guests to get more empathy and compassion within luggage transport services from airport reps and /hotel shuttle/ parking shuttle reps throughout their air travel excursions.

Skyber does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your cart. You retain the sole right to determine when, where, and for how long you will utilize the Skyber Platform. You retain the option to accept or to decline or ignore a Guest’s request for Services via the Skyber Platform, or to cancel an accepted request for Services via the Skyber Platform, subject to Skyber’s then-current cancellation policies. Skyber suggest being classfully discrete and to use common sense when discussing ‘outs / runs’ at work. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.

Other Services

In addition to connecting Guests with Helpers, the Skyber Platform may enable Users to provide or receive goods or services from other third parties in the near future. If you choose to purchase Other Services through the Skyber Platform, you authorize Skyber to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Skyber is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Skyber Platform.

General

This Agreement shall be governed by the laws of the State of Delaware without regard to choice of law principles. This choice of law provision is only intended to specify the use of Delaware law to interpret this Agreement and is not intended to create any other substantive right to non-Delaware residents to assert claims under Delaware law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Skyber, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Skyber shall be given by certified mail, postage prepaid and return receipt requested to Skyber, The Peaceful Outs Collective, 3936 S Semoran Blvd # 268 Orlando Fl 32822. Any notices to you shall be provided to you through the Skyber Platform or given to you via the email address or physical you provide to Skyber during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Skyber with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

Skyber Privacy Policy

Last Updated: 08/10/2022

At Skyber, we want to connect people through transportation and bring communities together. In this privacy policy, we tell you what information we receive from Skyber Guests and Helpers, and how we use it to connect Guests with Helpers and continue to improve our services. Below, we explain how you can share with other Guests and Helpers in the Skyber community as part of our mission to bring people together.

Information We Collect A. Information You Provide to Us

Registration Information. When you sign up for a Skyber account, you give us your name, email address, and phone number. In the near future, If you decide to sign up for Skyber using your Facebook/Meta account info, we will also get basic information from your Facebook/Meta profile like your name, gender, profile photo, and Facebook/Meta friends.

User Profile Information. When you join the Skyber community, you can create a Skyber Profile to share fun facts about yourself, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Helpers, Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile. You can also add a Business Profile to your account, which requires a designated business email address and payment method.

Payment Method. When you add a credit card or payment method to your Skyber account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do our best not to store full credit card information on our servers.

Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.

Helper Application Information. If you decide to join our Skyber Helper community, in addition to the basic registration information we ask you for your date of birth, physical address, Helper’s airport badge information, to help protect the Skyber community.

Payment Information. To make sure Helpers get their earned donations, we keep information about Helpers’ bank routing numbers, tax information, and any other payment information provided by Helpers. But, of course, all of this is hidden, and the only thing that is shown, is the last 4 digits of your information on our back-end dashboards.

B. Information We Collect When You Use the Skyber Platform

Location Information. Skyber is all about connecting Helpers and Guests. To do this, we need to know where you are. When you open Skyber on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background.

Your location information is necessary for things like matching Guests with nearby Helpers, determining drop off and pick up terminal locations. Also, if the need ever arises, our Trust & Safety team may use and share location information to help protect the safety of Skyber Users or a member of the public. In addition to the reasons described above, Helpers’ location information and distance walked is necessary for calculating required donations for Skyber luggage transports. If you give us permission through your device settings or Skyber app, we may collect your location while the app is off to identify promotions or service updates in your area.

Device Information. Skyber receives information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier. We collect mobile sensor data from Helpers’ devices (such as speed, direction, height, acceleration or deceleration) to improve location accuracy and analyze usage patterns.

Usage Information. To help us understand how you use the Skyber Platform and to help us improve it, we automatically receive information about your interactions with the Skyber Platform, like the pages or other content you view, your actions within the Skyber app, and the dates and times of your visits.

Call and Text Information. We work with a third party partner to facilitate phone calls and text messages between Guests and Helpers who have been connected for a luggage transport. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages.

User Feedback. At Skyber, we want to make sure Users are always enjoying great luggage transports. Guests and Helpers may rate and review each other at the end of every luggage transport. We receive information about ratings and reviews and, as we explain below, give Guests information about Helpers’ ratings and reviews and vice versa.

Address Book Contacts. If you permit Skyber to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate invitations and social interactions that you initiate through our Platform and for other purposes described in this privacy policy or at the time of consent or collection.

Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the Skyber Platform and interact with Skyber advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Skyber Platform. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the Skyber Platform.

C. Information We Collect from Third Parties

Third Party Services. If you choose to register for Skyber or otherwise link your Skyber account with a third party’s service (such as Facebook/Meta), we may receive the same type of information we collect from you (described above) directly from those services.

Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.

Background Information on Helpers. Skyber works with third party partners to perform transporting of luggage record background checks on Helpers. They should all be displaying current airport badges.

How We Use the Information We Collect

We use the information we collect from all Users to:

• Connect Guests with Helpers;
• Provide, improve, expand, and promote the Skyber Platform;
• Analyze how the Skyber community uses the Skyber Platform;
• Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;
• Personalize the Skyber experience for you and your friends and contacts;
• Send you text messages and push notifications;
• Facilitate transactions and payments;
• Provide you with customer support;
• Find and prevent fraud; and
• Respond to trust and safety issues that may arise, including disputes between Guests and Helpers.

Additionally, we use the information we collect from Helpers for the following purposes related to transporting of luggage on the Skyber Platform:

• Sending emails and text messages to Helpers who have started the Helper application process regarding the status of their registration;
• Determining a Helper’s eligibility to transport luggage through Skyber;
• Notifying Helpers about luggage transport demand, guests donation prerequisites, and service updates.

How We Share the Information We Collect A. Sharing Between Users

Sharing between Guests and Helpers. Guests and Helpers that have been matched for a luggage transport are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles. Guests and Helpers who connect their Skyber accounts to Facebook may also in the near future be able to see their mutual Facebook/Meta friends during the luggage transport. Helpers see the airport pick-up location that the Guest has provided. Guests may see a Helper in real-time walking and approaching the guests location. Guests’ ratings of Helpers are shared with Helpers on a weekly basis. We de-identify the ratings and feedback, but we can’t rule out that a Helper may be able to identify the Guest that provided the rating or feedback.

Although we help Guests and Helpers communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other Users. If you report a lost or found item to us, we will seek to connect you with the relevant Guest or Helper, including sharing actual contact information with your permission.

B. Sharing Between Skyber and Third Parties

API and Integration Partners. If you connect to the Skyber Platform through an integration with a third party service, we may share information about your use of the Skyber Platform with that third party. We may share your information with our third party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.

Third Party Services. In the near future, the Skyber Platform may allow you to connect with other websites, products, or services that we don’t have control over (for example, we may give you the ability to order a food delivery from a restaurant from within the Skyber app). If you use these services, we will provide the third party with information about you to allow them to provide the service to you (for example, we would give the restaurant your name, phone number and address to drop off the food). We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.

Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the Skyber Platform, including all of the things described in the Eligibility Section above.

Mental Health Care & Mental Treatment Partners. Please keep in mind that Skyber started as a a non profit, standing for the cause of decreasing mental anguish through added compassionate service, within the traveling public sector during times of war. On going research is compiled for the purpose of gaining information to help curb illnesses like cyclothymia, mania, and other mental lapses occurring during air travel. Compassionate mental anguish relief could help curb these diseases, ease mental stress, and produce positive bodily functions that could halt threats that may lead one towards bi-polar, or other mental diseases. We believe in peaceful human interest factors within technology. Check for updates on our continuing research, for this is our main objective.

International Partners. The Skyber app may be used abroad in the near future. Please check back for updates.

Other Sharing. We may share your information with third parties in the following cases:

• While negotiating or in relation to a change of corporate control such as a restructuring, merger, or sale of our assets
• With third parties if we think doing so is necessary to protect the rights, property, or safety of the Skyber community, Skyber, or the public.
• If you signed up for a promotion with another User’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;
• To provide information about the use of the Skyber Platform to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and
• Whenever you consent to the sharing.

Your Choices

Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the Skyber Platform.

Push Notifications. In the near future you will be able to opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Skyber Platform (such as receiving a notification that your luggage transport has arrived).

Profile Information. While your name will always be shared with Helpers and fellow Skyber Guests, you can delete any additional information that you added to your Profile at any time if you don’t want Helpers and Skyber Guests to see it. Guests will always be able to see Helpers’ names, rating, and profile photos.

Location Information. While you can prevent your device from sharing location information at any time through your Device’s operating system settings, Guest and Helper location is a solid state code, and can’t be changed.

Facebook/Meta Friends. You can control whether to enable or disable the Facebook mutual friends feature through your profile settings.

Editing and Accessing Your Information. You can review and edit certain account information by logging in to your account settings and profile. If you would like to terminate your Skyber account, please contact us with your request. If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the Skyber Platform, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required by law.

Other

Data Security. We are committed to protecting the data of the Skyber community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.

Children’s Privacy. Skyber is not directed to children, and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us.

Changes to Our Privacy Policy. We may make changes to this Privacy Policy from time to time. If we make any material changes, we will let you know through the Skyber Platform, by email, or other communication. We encourage you to read this Privacy Policy periodically to stay up-to-date about our privacy practices. As long as you use the Skyber Platform, you are agreeing to this Privacy Policy and any updates we make to it.

Contact Information. Feel free to contact us at any time with any questions or comments about this Privacy Policy, your personal information, our use and sharing practices, or your consent choices by contacting myskyber@gmail

Overall Views of the Peacful Outs Collective, and Various Notes to Helpers.

Now that we’ve made it passed all the legal jazz, let’s have some fun. Because this is what skyber’s all about. This app was designed for you (sky guides, sky caps, shuttle runners, rickshaw guys ) to have fun, upgrade your quality of life, and be appreciated again at work. The skyber smart phone application (aka the skyber app) works best if you follow the above terms and conditions, follow suggested requirements, and become open to our ideologies: The peaceful outs collective is a non profit technological application programming and development organization, designed to enhance customer service experiences with those representatives that are already working as airport porters, hotel bell hops, shuttle runners, and or rickshaws. Example: has any entity ever tried to help skycaps obtain a better quality of life at their workplace? Many answer no. Please read further, to enlighten yourselves with a tech-team that’s designed to do just that. Example: You are already a scheduled baggage servicer working in an airport. You are totally in compliance with your airport’s badge guidelines, and you agree that while using this smart phone application, your airport identification badge is current, up to date, and free from any discrepancies. If these descriptions fit you, then imagine having further inside knowledge of where an ‘out’ might be while working your shift. With this app, you will get alerts, and updates from the traveling public that are searching basically for empathy. This app is based on you giving compassion to the distressed traveling public. If a customer is in an obscure part of the airport, and they have a feeling of being lost with no one to turn to, a compassionate guide (you) will not only be able to help them with luggage transport, but you can also ease their mental aguish with how much compassion you can put into each ‘out’. This app was developed for skycaps, shuttle runners, hotel bell hops, and the like, and designed by surveying many skycap teams, and through our own tenured skycap customer service experiences, we’ve always believed that there is a light layer of positive psychological treatment that you deliver to your air traveling customers. You will earn electronic donations from transporting luggages on 4-wheeler-platform-truck-dollies, but while you do that, please make sure these air traveling customers are walked safely, and comfortably, to their appropriate air carrier drop off points, or whichever location in the airport they’d like to be escorted to. Always keep in mind that in these national war times, you are doing a public good by serving compassion to various citizens, and delivering a light psychological boost which eases their mind, provides spiritual wellness, and alleviates mental anguishes of the traveling public. This is the cause that we stand by, and we’ve cherished all throughout our developmental stages, and will continue to do while programming and constantly improving the technological functions of the Skyber app.