These Terms of Service apply to Sky Companion application (the "Application"). This Application is owned and operated by Sky Foundation, Inc. and its affiliates ("Sky Foundation", "we", "us" or "our"). You should read these Terms of Service carefully. Your access to and use of this Application are governed by these Terms of Service, which are a legally binding contract between you and Sky Foundation. In addition, when using a particular service and/or accessing certain materials on or through this Application, you are subject to any additional posted terms, conditions, and rules applicable to the service and/or materials, which are incorporated into these Terms of Service and govern any conflict or inconsistency with these Terms of Service.
BY USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT DOWNLOAD OR USE THE APPLICATION OR PROVIDE US WITH YOUR INFORMATION.
No Medical Advice
This Application and all Materials and Content available through the Application are for informational purposes only, and do not contain or constitute, and should not be interpreted as, medical advice or opinion. We make no representation or warranty, and expressly disclaim any representation or warranty, whether express or implied, with regard to the Application. THE APPLICATION AND ITS MATERIALS ARE NOT A SUBSTITUTE FOR THE ADVICE OF A MEDICAL PROFESSIONAL, AND THE INFORMATION MADE AVAILABLE THROUGH THE APPLICATION SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS OR TO DIAGNOSE OR TREAT A HEALTH CONDITION. CONSULT WITH YOUR CARE PROVIDER PRIOR TO MAKING ANY DECISIONS BASED ON THIS APPLICATION. You assume full responsibility for any decision or action taken in reliance on content made available through the Application and the results of the same.
Amendments to Terms of Service
Sky Foundation reserves the right to change these Terms of Service, our Privacy Policy, and any of its other terms, conditions and rules relating to the Application at any time. Sky Foundation will notify you of such changes via a pop up when opening the Application. You are responsible for regularly reviewing the Application and these Terms of Service regarding such changes. Continued use of the Application after any such changes have been posted shall constitute your agreement to them.
Eligibility
This Application is available only to individuals who reside in the United States of America and are at least 13 years old. Sky Foundation may, in its sole discretion, refuse to offer the Application to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Application is revoked in such jurisdictions.
Application Access and Registration
As a condition to using the Application, you will be required to create an account by providing a username (email) and password. We strongly encourage you to create a username that excludes any personal information. You are responsible for the security of online access to this Application, including access to any user account, and you must protect the confidentiality of your username and password. You should not share your password or username with any other person or entity other than your parent or guardian, if applicable. You are solely responsible for verifying the accuracy of all activity under your account. You should contact Sky Foundation immediately if you suspect unauthorized use of your username or password, or any other unauthorized activity on your account. You are and will be responsible for all activities conducted on and with the Application that make use of your username or password. You represent and warrant that any registration information you submit is accurate and truthful.
Use of Application, Materials, and Services
Through this Application, Sky Foundation may make available to you: (a) certain text, information, data, images, illustrations, documents and other materials (collectively, "Materials"); and (b) various services, tools, software, and functionality (collectively, "Services"). Sky Foundation and its licensors grant to you a personal, non-exclusive, non-transferable right to use the Services and access, view, download, print, use and display the Materials solely for your own informational and non-commercial use. In these Terms of Service, all references to the Application shall be deemed to include all Materials and Services. All rights not expressly granted by Sky Foundation to you are retained by Sky Foundation and its licensors, and you may not use the Application and/or any element of the Application in any manner or for any purpose not expressly authorized by these Terms of Service. The rights granted to you do not include, and are not applicable to, the design or layout of the Application, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Sky Foundation and its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Application, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Application, or any element thereof. The Application Materials, design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions.
Unless otherwise indicated, all product and service marks and logos displayed on the Application are subject to the trademark rights of Sky Foundation, its licensors, and its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Application; (b) modify, enhance, adapt, translate, or create derivative works of the Application; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Application; (d) decompile, disassemble or reverse engineer the Application; (e) reproduce or make copies of the Application; (f) "frame" or "mirror" the Application on any other server or Internet-based device; (g) access, view, download, print, use and/or display the Application for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other "hidden text" utilizing Sky Foundation's name or trademarks without our express written consent. You acknowledge that certain elements of the Application are, or may in the future be, licensed to Sky Foundation by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Sky Foundation. Our trademarks and trade dress may not be used by you without our prior written consent. All other trademarks not owned by Sky Foundation that appear on this Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sky Foundation.
Copyright Disputes
If you believe any content or other materials on our Application infringes a copyright you own or control, you may report such infringement to us in accordance with the Digital Millennium Copyright Act Section 512(c) (17 U.S.C. § 512(c)) by submitting a complaint to: info@skyfoundationinc.org.
Prohibited Behaviors
Your ability to use this Application depends on your compliance with the conduct guidelines set forth in these Terms of Service. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of this Application and/or take other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. The following is a non-inclusive list of behaviors that are not permitted on the Application. You agree not to engage in:
In addition, you must comply with all applicable laws, rules and regulations related to your use of the Application, including data protection and privacy laws.
Feedback
If you provide Sky Foundation with any comments, suggestions or other feedback with respect to the products, the Application or any component thereof (collectively, "Feedback"), Sky Foundation has the right but not the obligation, to use such Feedback in any way, including incorporating such Feedback into the products or the Application, without obligation to you. Sky Foundation will be the owner of, and free to use for any purpose, any ideas, concepts, know-how, or materials developed by or on behalf of Sky Foundation resulting from your Feedback, including, without limitation, any modifications or enhancements to the products or the Application.
Consent to Collection and Use of Usage Data
You agree that we may collect, use and share certain information about you and your use of the Application, including but not limited to information you provide to the Application, technical information about our Application, your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, support, and other services to you (if any) related to the Application (collectively, "Usage Data"). Sky Foundation uses Usage Data to improve the Application and our offerings, facilitate the provision of Application updates, and provide support and other service to you. Usage Data is automatically transmitted to Sky Foundation by the Application. You acknowledge and agree that Sky Foundation retains sole and exclusive ownership of all right, title and interest in and to the Usage Data, and you shall have no rights to retain or use any of the Usage Data. Sky Foundation may use the Usage Data without limitation, but it will ensure that such Usage Data is anonymized and/or aggregated in such a manner that it no longer identify you before sharing Usage Data with third parties.
Privacy
We have a policy that addresses the privacy of your personal information. Your use of our Application is subject to it. Please read our Privacy Policy so that you understand the parameters of privacy when using our Application. We reserve the right to monitor some, all, or none of the areas of this Application for adherence to these Terms of Service.
Third Party Service Providers
Sky Foundation may use third party service providers to help develop and maintain this Application and to provide specific services offered through this Application. You agree that the terms and conditions set forth in these Terms of Service inure to the benefit of any third-party service providers engaged by Sky Foundation. All references to Sky Foundation are deemed to include its agents and service providers.
Third Party Information
When you are on the Application, you will be provided with information from third-party sources and could be directed to other sites that are beyond Sky Foundation's control. Sky Foundation is not responsible for the content of any third-party material or sites owned or controlled by a third party. Sky Foundation provides such links and information only as a convenience to you. If you decide to access any third-party sites linked to this Application or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.
Territory
Sky Foundation operates this Application from the United States. Sky Foundation makes no representation that content and materials on this Application are legal or appropriate for use outside the United States. Please keep in mind that this Application may not conform with the laws of your country. If you access this Application from outside the United States, you do so at your own risk. You may not use the Application in violation of United States export laws and regulations.
Disclaimer of Warranties; Limitation of Liability
EXCEPT AS OTHERWISE SET FORTH HEREIN, THIS APPLICATION, INCLUDING ALL MATERIALS, SERVICES, INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THIS APPLICATION, IS PROVIDED BY SKY FOUNDATION AND ITS PARTNERS "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
YOU AGREE THAT YOUR USE OF THIS APPLICATION IS AT YOUR SOLE RISK. BY USING THIS APPLICATION, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE SKY FOUNDATION AND ITS THIRD-PARTY LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL LIABILITY, CLAIMS, AND LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS. THE INFORMATION PROVIDED ON THIS APPLICATION IS PROVIDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR A SPECIFIC PRODUCT OR COURSE OF ACTION. YOU ACKNOWLEDGE THAT: THE APPLICATION COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE APPLICATION MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME. ALTHOUGH SKY FOUNDATION MAY UPDATE THIS APPLICATION, SOME OF THE INFORMATION MAY BE OUT OF DATE OR CONTAIN OTHER ERRORS. SKY FOUNDATION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION POSTED OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS APPLICATION.
REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL SKY FOUNDATION, ITS AFFILIATES, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE APPLICATION, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS. ANY CLAIM RELATED TO THE APPLICATION MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM. SKY FOUNDATION SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE APPLICATION, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE APPLICATION, RESULTING FROM CAUSES OUTSIDE OF SKY FOUNDATION CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.
Some jurisdictions may not permit the disclaimers of warranties or limitations of liability set forth in these Terms of Service, so the above limitations may not apply to you. To the extent such warranties or liabilities cannot be disclaimed but can be limited under the laws of your state, we limit such warranties and/or liabilities to the maximum extent permitted by applicable law.
Indemnity
You agree to indemnify, defend and hold harmless Sky Foundation, and its parents, subsidiaries, affiliates, officers, agents, partners, licensors, and employees, from and against any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Application, your connection to this Application, your violation of these Terms of Service or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Service. You are solely responsible for your actions when using this Application, including, but not limited to, costs incurred for Internet access.
Termination
Sky Foundation may terminate your access to this Application at any time and for any reason without prior notification. We may also, in our sole discretion and at any time, with or without notice, discontinue this Application or any portion of it, restrict the time the Application is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Application under these Terms of Service or under any other applicable policy without prior notice. We reserve the right to bar any further access to this Application. Provisions that survive termination of these Terms of Service are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.
Applicable Law, Severability and Waiver
In order to ensure consistency in the interpretation and enforcement of these Terms of Service and Sky Foundation's rights in the Application, these Terms of Service will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and Sky Foundation related, in any way, to the Application and/or these Terms of Service, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained before the state and federal courts located in Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.
If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Service shall remain in full force and effect.
The failure of Sky Foundation to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sky Foundation in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will affect the other provisions of these Terms of Service.
Additional Terms for Apple Users
In addition to all other terms contained herein, if you download our application from Apple, Inc. ("Apple"), you agree to the following:
Developer Name and Address
This Application was developed by Sky Foundation, Inc., with an address of PO Box 1780, Birmingham, Michigan 48012.
How to Contact Us
If you have any questions, complaints or claims about this Application, please contact us as follows:
Sky Foundation PO Box 1780 Birmingham, Michigan 48012
Email: ADalton@SkyFoundationInc.org Phone: 248-385-5143
These Terms of Service were last updated July 20, 2026.