TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. These Terms of Service, including the Data Processing Terms in Section 13 (together, the "Agreement"), form a binding contract between Skyward LLC ("Supplier," "Company," "we," "us") and the entity or individual registering for or using the Skyward Traffic Intelligence Platform ("TIP" or the "Platform") ("Customer," "you"). By registering for, accessing, or using the Platform, you agree to be bound by this Agreement. If you do not agree, you must not use the Platform. If you are entering into this Agreement on behalf of an organization, you represent that you have authority to bind that organization.

2. THE SERVICE

The Platform is a solution for SMS traffic analysis, fraud detection, and message classification. It allows Customer to submit SMS traffic data — in real time via API ("API Service"), or in bulk via file upload in a format such as .csv or .xlsx ("File Upload") — for automated analysis using machine-learning algorithms, and to receive the resulting fraud-detection results, classifications, and reports ("Analysis Output").

3. ACCESS MODES, FREE TIER, AND TRIAL PERIOD

3.1 Overview

Mode	Access Method	Duration	Purpose
Offline Mode (Free Tier)	File Upload only	Indefinite	Evaluation only
Online Mode (Trial)	API Service + File Upload	30 days	Full functionality for evaluation

3.2 Offline Mode (Free Tier)

• Available indefinitely, at no cost.
• Provides file-upload analysis, fraud detection (simulated), traffic classification, and dashboard access.
• Does not provide: real-time API processing, live traffic analysis, or automated blocking.

3.3 Online Mode (30-Day Trial)

• Activated upon Customer's first API call.
• Provides full Platform functionality, including real-time API processing, live fraud detection, and classification.
• The Trial Period runs for 30 days from the first API call. Upon expiration, access automatically reverts to Offline Mode (see also Section 14.5, Post-Trial Transition).
• Each Customer may have only one Trial Period. After it expires, Online Mode is not available again without a Commercial Agreement.

4. NO COMMERCIAL USE (CRITICAL)

4.2. "Commercial Use" includes, without limitation:

• Processing SMS traffic for paying clients;
• Offering Platform outputs as a service to third parties;
• Incorporating Platform capabilities into a product sold to third parties;
• Any use generating direct or indirect commercial benefit.

5. ELIGIBILITY AND ACCOUNT REGISTRATION

• Customer must register with accurate information and maintain account security.
• Customer is responsible for all activity under its account.
• Customer must immediately notify Supplier of any unauthorized access.

6. FEES AND PAYMENT

Offline Mode and the Online Mode Trial Period are provided free of charge. Paid, non-trial, or Commercial Use of the Platform requires a separate Commercial Agreement, which will govern pricing, invoicing, service levels, and related payment terms.

7. CUSTOMER CONTENT: LICENSE GRANT AND OWNERSHIP

7.1 Ownership

As between the parties, Customer retains all right, title, and interest in and to the SMS data it submits to the Platform ("Customer Content"). Supplier claims no ownership over Customer Content.

7.2 License Grant to Supplier

Customer grants Supplier a limited, non-exclusive license to access, store (within the limits of Section 13.11), transmit, and analyze Customer Content solely to provide, maintain, and secure the Platform and to generate Analysis Output, as further described in Section 13 (Data Processing Terms).

7.3 Analysis Output

As between the parties, Customer owns the Analysis Output generated from its Customer Content, subject to Supplier's underlying rights in its algorithms, models, and Platform technology.

8. CUSTOMER OBLIGATIONS, REPRESENTATIONS, AND WARRANTIES

8.1 General Use Obligations

• Use the Platform only for internal evaluation;
• Not modify, reverse-engineer, or create derivative works of the Platform;
• Not circumvent security measures or usage limits;
• Comply with all applicable laws.

8.2 Data Protection Warranty (GDPR)

Customer represents and warrants that:

• All necessary consents from data subjects referenced in Customer Content have been obtained;
• Customer is the Data Controller for all Personal Data submitted to the Platform;
• Customer's use of the Platform complies with the GDPR and other applicable data protection laws.

8.3 Prohibited Content

Customer shall not submit content that is:

• Illegal, unlawful, or otherwise prohibited;
• Promoting illegal gambling, terrorism, CSAM, or human trafficking;
• Infringing any third party's rights;
• Containing malware or other harmful code.

9. ACCEPTABLE USE POLICY

In addition to Section 8, Customer will not, and will not permit any third party to, use the Platform to send unsolicited, unlawful, or fraudulent SMS messages, or to facilitate spam, smishing, or phishing, or attempt to gain unauthorized access to the Platform or related systems.

10. ML ANALYSIS OUTPUT; NO PROFESSIONAL ADVICE

Customer acknowledges that fraud detection and classification performed by the Platform are probabilistic, that the Platform may produce false positives and false negatives, and that Customer assumes full responsibility for any decisions made in reliance on Analysis Output. Analysis Output does not constitute legal, compliance, or other professional advice.

11. INTELLECTUAL PROPERTY

• Supplier IP: Supplier retains all right, title, and interest in the Platform, including its software, algorithms, models, documentation, and trade secrets.
• Customer Data: Customer retains all rights to its own data, per Section 7.1.
• Feedback: Feedback and suggestions Customer provides may be used by Supplier without restriction or compensation.

12. CONFIDENTIALITY

Each party shall protect the other's Confidential Information with reasonable care and use it only for the purposes of this Agreement. Confidential Information includes Supplier's Platform features and algorithms, and Customer's business operations and traffic patterns. These obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law.

13. DATA PROCESSING TERMS

13.1 Roles of the Parties

For purposes of the GDPR, Customer is the Data Controller and Supplier is the Data Processor with respect to Personal Data contained in Customer Content.

13.2 Subject Matter, Duration, Nature and Purpose of Processing

• Subject matter: Supplier's processing of Personal Data within Customer Content to provide the Platform.
• Duration: For the term of this Agreement, subject to the retention periods in Section 13.11 and the Privacy Policy.
• Nature and purpose: Automated fraud detection and traffic classification via ML processing, as instructed by Customer through use of the Platform.

13.3 Categories of Data Subjects and Personal Data

• Categories of data subjects: Senders and recipients of SMS messages submitted by Customer.
• Categories of Personal Data: SMS message text, Sender ID (SID), sender/recipient phone numbers, timestamps, message ID, and other technical parameters needed to process the message (e.g., UDH).
• Special categories: None are intended to be processed.

13.4 Supplier's Processor Obligations

Supplier will:

• Process Personal Data only as necessary to provide the Platform, per Customer's instructions as reflected in this Agreement;
• Implement the security measures described in Section 13.6 (see also Annex A);
• Ensure Subprocessors are GDPR-compliant, as described in Section 13.5;
• Notify Customer within 72 hours of becoming aware of a Data Breach affecting Customer Content, per Section 13.7.

13.5 Subprocessors

Subprocessor	Service	Location	Certification
Hetzner Online GmbH	Hosting	Germany	ISO 27001

This list may be updated from time to time; material changes will be communicated to Customer via email notice.

13.6 Security Measures

Supplier will implement the following technical and organizational measures (see also Annex A):

• Data in transit: TLS 1.2+ encryption.
• Data at rest: AES-256 encryption.
• Access controls: Role-based access, multi-factor authentication, audit logs.
• Infrastructure: ISO 27001-certified hosting provider.
• Network security: VPN-only access, IP whitelisting.

13.7 Data Breach Notification

Supplier will notify Customer within 72 hours of becoming aware of any Data Breach affecting Customer Content, and will provide information reasonably available to enable Customer to meet its own notification obligations under the GDPR.

13.8 Anonymized Fraud-Pattern Examples

Supplier may retain anonymized examples of fraudulent SMS messages for internal reference and documentation. Such examples:

• contain only SMS text;
• have all identifying metadata removed (sender/recipient numbers, timestamps, message IDs, Destination, and other technical parameters);
• cannot be linked to any Customer or data subject.

13.9 International Data Transfers

All data is processed within the European Economic Area (EEA). Any transfer outside the EEA occurs only to countries covered by an adequacy decision of the European Commission, or under Standard Contractual Clauses (EU 2021/914) with appropriate safeguards.

13.10 Data Retention

Data Type	Retention
SMS content (API)	Not stored after analysis
SMS content (file upload)	Not stored after processing
Metadata (sender/recipient, timestamps, message ID, Destination, other technical parameters)	Up to 90 days
API access logs	Up to 365 days

13.11 Return or Deletion of Customer Content on Termination

On termination of this Agreement, Supplier deletes Customer's Personal Data in accordance with this Section and the Privacy Policy, save where continued retention is required by law (e.g., the API log and metadata windows in Section 13.10).

13.12 Liability Under This Section

Each party's liability arising out of or related to this Section 13 is subject to the limitation of liability in Section 16, except to the extent GDPR obligations cannot be limited by contract.

14. TERM AND TERMINATION

14.1 Offline Mode

• Customer may terminate at any time by deleting its account.
• Supplier may terminate with 5 days' notice.

14.2 Online Mode (Trial)

• Terminates automatically upon expiration of the 30-day Trial Period.
• May be terminated immediately for material breach.

14.3 Termination for Cause

Supplier may terminate immediately if Customer:

• Breaches any material term of this Agreement;
• Engages in unauthorized Commercial Use;
• Submits illegal or prohibited content (Section 8.3);
• Fails to comply with its data protection obligations (Section 8.2 or Section 13).

14.4 Effects of Termination

• Customer must cease use of the Platform;
• Customer must delete all Confidential Information received from Supplier;
• Supplier deletes Customer's Personal Data in accordance with Section 13.11 and the Privacy Policy.

14.5 Post-Trial Transition

Within 5 business days after the Trial Period ends, Customer must notify Supplier of its intent to either (a) enter into a Commercial Agreement, or (b) revert to Offline Mode. Continued use of Online Mode without a Commercial Agreement is a material breach of this Agreement.

15. DISCLAIMER OF WARRANTIES (CRITICAL)

Customer acknowledges that fraud detection and classification are probabilistic, that the Platform may produce false positives and false negatives, and that Customer assumes full responsibility for decisions based on Platform outputs, per Section 10.

16. LIMITATION OF LIABILITY (CRITICAL)

Category	Examples
Indirect damages	Loss of profits, revenue, or goodwill
Incidental damages	Loss of data, business interruption
Consequential damages	Loss of customers or contracts
Punitive damages	Exemplary or aggravated damages

16.3. Exceptions — this limitation does not apply to: GDPR obligations, to the extent liability cannot be excluded; gross negligence or willful misconduct; or liability that cannot be excluded under applicable law.

17. INDEMNIFICATION

Customer agrees to indemnify Supplier against any claims arising from:

• Customer's breach of this Agreement;
• Customer's unlawful use of the Platform;
• Customer's failure to obtain required data subject consents;
• Customer's unauthorized Commercial Use.

18. GOVERNING LAW AND DISPUTES

• Governing Law: Republic of Uzbekistan.
• Disputes: First resolved through negotiation. If unresolved within 30 days, submitted to the courts of Tashkent, Uzbekistan.
• CISG: The UN Convention on Contracts for the International Sale of Goods does not apply.

19. GENERAL PROVISIONS

• Entire agreement: This Agreement, together with the Privacy Policy and its Annexes, constitutes the entire agreement between the parties.
• Amendments: Supplier may amend these Terms by posting an updated version. Changes become effective 15 days after posting; continued use constitutes acceptance.
• Severability: If any provision is invalid, the remainder remains in effect.
• Assignment: Customer may not assign this Agreement without Supplier's consent. Supplier may assign upon notice.
• Force majeure: Neither party is liable for delays caused by circumstances beyond its reasonable control.
• No partnership: Nothing in this Agreement creates a partnership, joint venture, or agency relationship.

20. CONTACT INFORMATION

Purpose	Contact
General inquiries	info@skyward.cc
Data protection	dpo@skyward.cc
Technical support	support@skyward.cc

Address: Skyward LLC, 43 Olimlar Street, Mirzo-Ulugbek District, Tashkent, 100164, Republic of Uzbekistan