Terms
Last updated: 02/11/2022
Hi there :)
In case you're not familiar, skrtskrt is an app that makes it fun and easy to know what your crew ("Close Friends" or "Family") are up to anywhere on planet earth. You're only visible to members in your crew, which is a feature we're proud of because it lets you decide who gets to be in your world. Your location is only shared to members in your crew which can only be accessible if someone has the 6-digit-code. Crews are designed to be transitory and discardable. If you're wanting to create a crew for just a night out with friends and disband it later on you can do that. The best thing about crews is that they can be permanent or temporary at your preference. If it is Mum & Dad, you can set it up as your family crew. If you're out driving with friends convoy style and get lost, don't worry - we've got you covered! with skrtskrt, you can keep up with everyone in real-time, if you're lost, switch on 3D mode and view your surroundings in detail. zoom out to see the whole planet. Want to tell your friends to slow down? don't text and drive silly!! Just use the voice chat feature in your crew. No matter if you're driving or standing still, keep it hands-free, safe and easy. A distracted driver is a dangerous driver!
We’ve drafted these terms of service (which we aptly call the “terms”) so you’ll know the rules that apply when you use the skrtskrt app or any of our other products or services that link to these terms (we refer to these simply as the “services”). although we’ve tried our best to strip the legalese from the terms, there are places where these terms may still read like a traditional contract. there’s a good reason for that: these terms do indeed form a legally binding contract between you and skrtskrt a.k.a (“Noway Labs, Inc.”). so please read them carefully 😙
in order to use the services, you must have accepted these terms, which are presented to you (i) when you first open the app and (ii) when we make any material changes to the terms. of course, if you don’t accept them, then don’t use the services
# 1. who can use the services
no one under 13 is allowed to create an account or use the services. additionally, you must be old enough to consent to the processing of your information in your country
by using the services, you state that you can form a binding contract with skrtskrt and will comply with these terms and all applicable local, state, national, and international laws, rules, and regulations.
the services should not be used for business or commercial purposes. if you wish to use the services for business or commercial purposes please contact hello@skrtskrt.io
# 2. your account
in order to use the services you are required to create an account. creating an account is easy: just follow the steps in the app! or on the website. here is some important information about your account:
full name
we ask you to enter your full name when you create an account. this is the name that will be displayed when you use the app. you will also be able to pick a username after creating your account. usernames are unique. your name is only visible to people that are in your crew, so don't worry about your information being publicly available, it's a closed loop, so choose wisely whom you add to your crew
email and password
you will need an active email to use our product and services. we will only contact you via email if you are participating in our giveaways. when joining the platform you will be asked to signup using an email and a password of your choice. all of our user’s data is encrypted at REST with AES-256 and in transit via TLS. so rest assured your data is safe and sound
phone number
you will need to provide an active phone number if you intend to participate in our giveaways. It is the most effective way for us to get in contact with you directly if you win, so we can arrange the shipment of your new car for free.
geolocation
skrtskrt is a location-based app. therefore, we need to access and store your location data in order to provide the services to you. during signup, we will request access to your device’s location. you can turn your device’s location data on and off at any time through your device settings. just remember that the services only work when the device location is turned on. we understand, of course, that there may be times when you don’t want to share your location data with your friends. with that in mind, we have built some cool features in the app that allows you to select different levels of location sharing we provide more details on this in our Privacy Policy.
# 3. Location-based service
you understand that skrtskrt is a location-based service. in order to provide the services, skrtskrt requires access to the location data of your device and needs to keep a record of your location history. you will first have to grant permission to skrtskrt before we can access your location data. this is done via the android and ios permission screens and/or device settings. unless you have selected a different device permission or app setting, your device location will be shared when the app is running in the background and the foreground. this means that, once proper permissions are granted, you don't have to actively open the app to share your position. for example, it will allow your friends to find you easily in festivals, group convoys, or anywhere on planet earth that has a fairly decent internet connection - it's the perfect feature for helicopter mums!
if you want to stop sharing your location data, you can do so at any time in your device settings. when you disable location sharing through your device settings you will be unable to use the services. keep in mind that we’ve also implemented some cool features in the app that allow you to limit your location-sharing crew basis. visit your profile to see what we mean
you understand the services work under normal conditions, but that the accuracy of location data depends on a number of factors such as sufficient network coverage, wifi connection, and so on. for example, if you’re in a building or area with low network coverage the map might not display correctly and your position in the app may not reflect your accurate location in real life
this point may be obvious, but remember that your location on the map is the location of your device. for example, if you forget your device somewhere or lent it to a friend, your location on skrtskrt will not display your physical location, but instead, the location of your device
skrtskrt is a social network. this means that by default we share your actual location with new friends you accept into your crew and you will in turn be able to see the location of your new friend unless you or your friends changes location sharing preferences through either the device settings or the app itself.
you understand that for our services to work, we need to store your location data as long as you are actively using the services. we have provided more details on our deletion and retention periods in our privacy policy.
the maps we use to show your location in the app are sourced from third parties. there may be geographical areas throughout the world that have not yet been processed and/or changes made in the world that the maps do not yet reflect such as new streets or changed street names, and so on. we love receiving feedback, so if you do spot any issues with the map please let us know: hello@skrtskrt.io we will do our best to fix bugs and other issues you may flag ☝️
# 4. rights we grant you
skrtskrt grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the services. this license is for the sole purpose of letting you use and enjoy the services’ benefits in a way that these terms allow
any software that we provide you may automatically download and install upgrades, updates, or other new features. you may be able to adjust these automatic downloads through your device’s settings
you may not copy, modify, distribute, sell, or lease any part of our services. nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. however, we do love to partner with great companies, awesome engineers, and really creative designers, so don’t hesitate to reach out through hello@skrtskrt.io
# 5. privacy
your privacy matters to us. you can learn how your information is handled when you use our services by reading the Privacy Policy
# 6. respecting other people’s rights
skrtskrt respects the rights of others, and so should you. you, therefore, may not use the services, or enable anyone else to use the services in a manner that:
- violates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
- bullies, harasses, or intimidates;
- defames;
- spams or solicits our users
you must also respect the rights of skrtskrt. these terms do not grant you any right to do any of the following (or enable anyone else do so):
- use branding, logos, designs, photographs, videos, or any other materials used in our services;
- copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the services or the content on the services except as authorized in these terms;
- use the services, any tools provided by the services, or any content on the services for any commercial purposes without our consent
# 7. safety
we try hard to keep our services a safe place for all users, but we can’t guarantee it. that’s where you come in. by using the services, you agree that:
- you will not use the services for any purpose that is illegal or prohibited in these terms
- you will not use any robot, spider, crawler, scraper, or other automated means or interface to access the services or extract other users’ information
- you will not use or develop any third-party applications that interact with the services or other users’ content or information without our written consent
- you will not use the services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the services, or that could damage, disable, overburden, or impair the functioning of the services
- you will not use or attempt to use another user’s account without their permission
- you will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence
- you will not upload viruses or other malicious code or otherwise compromise the security of the services.
- you will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the services that you are not authorized to access
- you will not probe, scan, or test the vulnerability of our services or any system or network
- you will not encourage or promote any activity that violates these terms
we also care about your safety while using our services. so please don’t use our services in a way that would distract you from obeying traffic or safety laws. for example, never use the services while driving
# 8. third-party services
if you use a service, feature or functionality that is operated by a third party and made available through our services (including services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. skrtskrt is not responsible or liable for a third party’s terms or actions taken under the third party’s terms
# 9. modifying the services and termination
we’re relentlessly improving our services and creating new ones all the time. this means that we may add or remove features, products, or functionalities, and we may also suspend or stop the services altogether. we may take any of these actions at any time, and when we do, we will try to notify you beforehand—but this won’t always be possible
though we hope you remain a lifelong member of the skrtskrt community, you can terminate these terms at any time and for any reason by deleting your account. you can delete your account by contacting hello@skrtskrt.io
skrtskrt may also terminate these terms with you if you fail to comply with these terms, the law, or for any reason outside of our control. and while we’ll try to give you advance notice, we can’t guarantee it. our right to terminate these terms means that we may stop providing you with any services, or impose new or additional limits on your ability to use the services. for example, we may deactivate your account due to prolonged inactivity (12 months)
regardless of who terminates these terms, both you and skrtskrt continue to be bound by sections 2, 6, 9 – 17 of the terms
# 10. indemnity
you agree, to the extent permitted by law, to indemnify, defend and hold harmless skrtskrt and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the services; (b) your content; and (c) your breach of these terms
# 11. disclaimers
we try to keep the services up and running and free of annoyances,. but we cannot promise that we will always succeed
the services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. in addition, while skrtskrt attempts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free or timely; (b) the services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the services will be timely or accurate
if the law of the country where you live does not allow the exclusions of liability provided for in this clause, those exclusions shall not apply
skrtskrt and their affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services. you understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which skrtskrt, nor their affiliates will be responsible for
nothing in these terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live
# 12. limitation of liability
skrtskrt and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the services or inability to use the services; (b) your access to or inability to access the services; (c) the conduct or content of other users or third parties on or through the services; or (d) unauthorized access, use or alteration of your content. in no event will skrtskrt or their affiliates’ aggregate liability for all claims relating to the services exceed the greater of $100 USD
if the law of the country where you live does not allow any limitation of liability provided for in this clause, that limitation will not apply
# 13. dispute resolution
if you have a concern, let’s talk. we totally encourage you contact us first at hello@skrtskrt.io and we’ll do our best to resolve the issue
# 14. exclusive venue
to the extent the parties are permitted under these terms to initiate litigation in a court, both you and skrtskrt agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the terms or the use of the services will be litigated exclusively in the courts of Delaware, unless this is prohibited by the laws of the country where you reside. you and skrtskrt consent to the exclusive jurisdiction of those courts
# 15. choice of law
the laws of Delaware govern these terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these terms or their subject matter. the courts in some countries may not apply the laws of Delaware to some disputes related to these terms. if you reside in one of those countries, the laws of your home country may apply to those disputes
# 16. severability
if any provision of these terms is found unenforceable, then that provision will be severed from these terms and not affect the validity and enforceability of any remaining provisions
# 17. final terms
NFT giveaways
Skrt Mobeelz is a collection of digital artworks (NFTs) running on the Ethereum network. This website is only an interface allowing participants to mint and exchange digital collectibles. Users are entirely responsible for the safety and management of their own private Ethereum wallets and for validating all transactions and contracts generated by this website before approval. Furthermore, as the Skrt Mobeelz smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving Skrt Mobeelz digital collectibles.
NFT ownership
i. You Own the NFT. Each Skrt Mobeel is 1 of many in an NFT edition (ERC-1155) on the Ethereum blockchain. When you purchase an NFT, you own the underlying Skrt Mobeel, the Art, and its utility completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any Skrt Mobeelz.
ii. Personal Use. Subject to your continued compliance with these Terms, skrtskrt grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Skrt Mobeelz / NFT, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Skrt Mobeelz to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Skrt Mobeelz, provided that the website/application cryptographically verifies each Skrt Mobeel owner’s rights to display the Art for their NFT to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Skrt Mobeel leaves the website/application.
iii. Commercial Use. Subject to your continued compliance with these Terms, skrtskrt grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of Skrt Mobeelz generally, provided that the marketplace cryptographically verifies each Skrt Mobeel owner’s rights to display the Art for their Skrt Mobeelz to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Skrt Mobeelz generally, provided that the third party website or application cryptographically verifies each Skrt Mobeelz owner’s rights to display the Art for their Skrt Mobeel to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Skrt Mobeel leaves the website/application; or (iii) earning revenue from any of the foregoing.
Giveaway Disclaimer
Each giveaway has a sell-through rate of 5000 tokens and a supply cap of 10,000 tokens. If the initial supply sale does not reach 5000 tokens by minting close date. skrtskrt reserves the right to change giveaway draw dates till the reserve supply has been reached. This allows us to cover costs such as the vehicle, shipping fees & warranties.
- these terms make up the entire agreement between you and skrtskrt and supersede any prior agreements
- these terms do not create or confer any third-party beneficiary rights
- if we do not enforce a provision in these terms, it will not be considered a waiver
- we reserve all rights not expressly granted to you.
- you may not transfer any of your rights or obligations under these terms without our consent
# contact us
you can always contact us at hello@skrtskrt.io if you have questions or want to submit feedback about our services. we always love to hear from our users. if you do happen to volunteer feedback or suggestions just know that we can use your ideas without compensating you. if you’re full of ideas for skrtskrt and would like to be compensated, have a look at careers, and come help us build the future of transitory connectivity with skrtskrt as the beating heart of a global community.
skrtskrt is located at 57 Shotover Street, Town Centre, Queenstown-Lakes, Otago, New Zealand. there are some great views and cafes nearby, oh and there is an ice bar too brrr
Noway Labs Team