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Term Of Use

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Term Of Use

Overview

These Terms of Service (“Terms”, “Service Terms”) are the rules for using the zjysk.com website, Sky Mikaco platform, applications, and all other websites (collectively, the “Site”) owned by Sky Mikaco Inc. (including its affiliates and subsidiaries, “Sky Mikaco” or “We”). For purposes of these Terms, “you” and “your” refers to you as a user of the services (“User”). These Terms of Service govern your use of the Site however accessed, including via an internet browser, smartphone, tablet, or other internet-connected device. We ask that you read our Terms of Service carefully before using the Site. By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you shall not access, browse, or use the Site.

Sky Mikaco is a provider of third-party human resource services and payroll management, dedicated to facilitating the establishment and management of relationships between employers and contractors or other non-employee third parties. The Site offers a suite of services to Sky Mikaco’s employer clients (“Client”) that includes contractor due diligence, onboarding and contract formation, compliance advice relating to tax and labor requirements, and contractor payments (collectively, “Client Management Services”). Conversely, contractors and other non-employee third parties (“Contractor”) can use the Site to connect with the employers, memorialize contract terms, store payment and bank account preferences, and unify payment for services through a single platform (collectively, “Contractor Management Services”, together with “Client Management Services”, the “Services”).

Other Applicable Rules

There may be additional terms that apply to you and your interactions with us.

Our Privacy Policy and Data Processing Agreement explain how we manage your personal information and what options you have to limit such use, as well as how we use cookies on the Site.

Our Master Service Agreement and its ancillary documentation provide detailed terms and conditions about how Sky Mikaco works with Clients.

Amendment to the Terms

Due to changes in laws, technology advancements, product evolution, and feedback from you making us better, we may change these Terms of Service from time to time. Every time you wish to use the Site, please check these Terms to ensure you understand the Terms that apply at that time. The effective date of the changes will always be at the top of the Terms. We may also change the Site itself. We do not guarantee that our Site or any content on it will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of our Site at any time and for any reason without prior notice or liability.

Accounts

Account registration is free. To register an account, you need to provide your full name, a valid email address, legal address, and any other required information specified by the Site to complete the registration process. If you apply for an account as a Client, you may also need to provide business address, business ownership details, nature of the business, and other business information we may require. We will use this information to allow Sky Mikaco and its financial partners to conduct due diligence on you before opening an account and throughout our business relationship with you. Our use of your information is governed by the terms of our Privacy Policy. If you do not agree with our Privacy Policy, do not register an account.

As stated above, you can apply to us by mail to register as a client or contractor. Depending on the designation of your account, you may have access to different services. Certain services may only be available upon payment of the fees detailed on the Website or in the Master Services Agreement.

By registering an account on behalf of a Client and using the Services, you confirm (a) you have been formally authorized to act on behalf of the legal entity operating the Client and any affiliated companies that will use the Services under the Client's name, (b) you accept these Terms on behalf of that legal entity and its affiliates, and (c) any reference to "you" herein refers to that legal entity, affiliates, and all employees, consultants, and agents thereof. You are responsible for all activities conducted under your account.

Client Management Services

Any Client Management Services provided by Sky Mikaco are subject to these Terms of Service, the Master Service Agreement, and any supplemental terms referenced herein or provided to Clients for review and acceptance when subscribing to such services (“Service Terms”), which are incorporated into these Terms of Service and form part of these Terms of Service. In case of conflict between these Terms of Service and any Service Terms, the Service Terms will govern with respect to matters contemplated therein.

Electronic Signatures and Legal Notices

You agree that any signature or other electronic symbol or process attached to or logically associated with contracts, forms, certificates, or documents entered into or executed by you with Sky Mikaco or other users, intended to sign, authenticate, or adopt the terms of such contracts, forms, certificates, or documents, and any contracts or records formed electronically through the Services, have the same legal effect and enforceability as manually executed signatures or paper-based recordkeeping systems, to the fullest extent permitted by applicable law, and you hereby waive any objections to the contrary.

We may provide notifications concerning activities and alerts regarding your account via your account, email, text message, or SMS to the contact information you provide us. Notifications affecting payments and these Terms will be sent through your account or email, and you agree that such notices are deemed received 24 hours after sending. You understand that you cannot use the Services unless you agree to receive notifications electronically. You can withdraw consent to receive notifications electronically only by closing your account. If you encounter or believe you have issues receiving notifications, please contact us immediately at [email protected].

User Content Standards

Sky Mikaco allows you to upload certain content through the Services, including but not limited to documents, text, and other data (“User Content”). Our user content standards are simple: Respect others and follow the law.

Respect Others: You may not use the Site to transmit, retrieve, or store any communications or other content that is defamatory, discriminatory, harassing, or pornographic. Information regarding an individual’s race, age, disability, religion, nationality, ethnicity, citizenship, physical characteristics, political affiliation, socioeconomic status, or sexual orientation must not include derogatory or inflammatory remarks. Harassment in any form is prohibited.

Follow the Law: Prohibited uses include disparaging, abusive, profane, or offensive language and any illegal activities—including piracy, cracking, extortion, blackmail, copyright infringement, and unauthorized access.

We may monitor user content for inappropriate or unlawful behavior, including through automated means, but retain the right to treat user content as stored per user instructions unless directly notified of violations. Sky Mikaco does not exercise editorial control over user content unless directly notified of violations.

Links to Third-Party Websites or Services

Our Services may contain links to third-party websites or services not owned or controlled by Sky Mikaco. Our Services may also allow you to import or interact with third-party applications or services.

Sky Mikaco has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web services. We do not warrant or guarantee any services or websites offered by third parties.

You acknowledge and agree that Sky Mikaco shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly recommend that you read the terms and conditions and privacy policy of any third-party website or service you visit or interact with.

Intellectual Property

The Site is owned and operated by Sky Mikaco. All rights, title, and interest in and to materials, including but not limited to information, documents, logos, graphics, sounds, and images (“Materials”) available on the Site are owned by Sky Mikaco or our respective third-party authors, developers, or suppliers.

Trademarks, service marks, and logos used and displayed on the Site are registered and unregistered trademarks or service marks of Sky Mikaco. You may not use them without written approval from Sky Mikaco. Trademarks may not be used as part of any link to the Site without prior written consent from Sky Mikaco.

Certain other elements of the Site are protected by trade dress, trademark, unfair competition, and other applicable laws and may not be copied or imitated in whole or in part, including but not limited to using framing or mirroring techniques. No portion of the Site’s content may be retransmitted without the express written permission of Sky Mikaco. Sky Mikaco reserves all rights not expressly granted herein.

If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Notices and counter-notices should be sent to [email protected].

Limitation of Liability and Indemnification

Whether you are a Client or a Contractor, Sky Mikaco does not exclude or limit our liability where it would be unlawful to do so. Regarding the use of the Site:

  • If you are a Client, we exclude all implied conditions, warranties, representations, or other terms that may apply to the Site or any content on it. We will not be liable for any loss or damage whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Site or the use of or reliance on any content displayed on our Site. Specifically, we will not be liable for any indirect or consequential loss or damage.
  • If you are a Contractor, please note that we provide our Site solely for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we will not be liable for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any damage that could have been avoided by following our advice on applying free updates provided to you or due to your failure to properly follow installation instructions or meet our recommended minimum system requirements.
  • If you violate these Terms of Service by accessing, using, or misusing the Site or any content on it, you agree to indemnify, defend, and hold harmless Sky Mikaco from and against any claims, actions, or demands, including reasonable legal and accounting fees, resulting from your violation of these Terms of Service. Sky Mikaco will notify you of any such claim, suit, or proceeding. Sky Mikaco reserves the exclusive right to assume the defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate with any reasonable requests to assist Sky Mikaco in defending such matters.

Disclaimer of Warranties

The Site and all materials, documents, forms, and other products and services provided through the Site are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Sky Mikaco expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Sky Mikaco does not warrant that (A) the Site or Materials will meet your requirements; (B) the Site or Materials will be uninterrupted, timely, secure, or error-free; (C) the results that may be obtained from the use of the Site or Materials will be accurate or reliable; or (D) the quality of any products, services, information, or other materials purchased or obtained by you through the Site or based on Materials will meet your expectations.

Any downloading of materials from the Site is done at your own discretion and risk. Sky Mikaco will not be responsible for any damage to your computer system or loss of data that results from downloading any content, materials, information, or software.

Governing Law and Arbitration

This Agreement shall be interpreted and construed in accordance with the laws of the State of California, U.S.A., without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms of Service, the Website or the Services, including any claim regarding the applicability, interpretation, scope or validity of this arbitration clause and/or these Terms of Service, shall be submitted to arbitration by the Arbitration Commission of the State of California, U.S.A., in accordance with its Arbitration Rules. The arbitration decision shall be final and binding upon both parties.

Termination of Service

The Services and these Terms of Service remain in effect until terminated by us or by you. You may terminate the Services and these Terms of Service through your account.

Upon termination of the Services and/or these Terms of Service, your access and use of such terminated Services will automatically cease; however, we generally continue to provide you with limited access to view and download information available in your account at the time of such termination (“Limited Access”). During your Limited Access period, you must make reasonable efforts to adequately protect and keep confidential any passwords or credentials for your account and any information accessible through your account. We reserve the right to deny you Limited Access or revoke Limited Access at any time if we have reason to believe you may have violated these Terms of Service.

Contact Us

If you have any questions about these Terms of Service, the Site, or the Services, you can contact us at [email protected].

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