These Terms and Conditions ("Terms") govern your access to and use of the services provided by SkyBack Flight Tracking, LLC ("SkyBack," "we," "us," or "our"). Our services include the SkyBack website, mobile applications, software, and flight monitoring infrastructure designed to identify airfare price drops, initiate refund or credit claims, and assist with airline booking changes (collectively, the "Services").
By accessing or using SkyBack’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.
1. License to Use the Services
1.1 Limited License Grant
SkyBack grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services strictly for your personal, non-commercial purposes and solely in accordance with these Terms.
1.2 Prohibited Uses
You agree not to:
- Reproduce, modify, distribute, sell, resell, sublicense, or exploit any portion of the Services without prior written consent.
- Reverse engineer, decompile, or attempt to derive source code from any part of our software.
- Use the Services for any unlawful, fraudulent, or unauthorized purpose.
- Access or attempt to access another user’s account or SkyBack’s internal systems without authorization.
- Use any automated means (bots, scrapers, scripts) to interact with the Services beyond what is explicitly permitted.
Violations may result in immediate termination of access and potential legal action.
3. Service Features, Modifications, and Fees
- Modify, enhance, suspend, or remove functionality of the Services at any time without prior notice;
- Restrict access to certain features based on subscription level or payment;
- Offer free and paid versions of the Services with clearly disclosed pricing;
- Discontinue the Services temporarily or permanently for maintenance, updates, or business reasons.
You will only be charged for paid features or subscriptions if you have affirmatively opted in and consented to those charges.
4. Account Suspension or Termination
SkyBack may suspend or terminate your access to the Services at its sole discretion, with or without notice, for reasons that include but are not limited to:
- Violation of these Terms or any applicable law;
- Abuse of the system (e.g., excessive API calls, fraudulent usage);
- Use of the Services in a manner that disrupts the experience for others.
Upon termination, your right to use the Services will immediately cease. SkyBack is not responsible for any resulting loss of data, refund access, or travel opportunities.
5. Data Collection, Storage, and Post-Deletion Retention
5.1 Personal Data Use
To provide the Services, SkyBack collects, processes, and stores personal information such as your name, email address, airline confirmation numbers, flight itineraries, and metadata related to your use of the application. Our handling of this information is governed by our Privacy Policy.
5.2 Accuracy of User-Submitted Data
SkyBack relies on the information you submit—primarily via forwarded flight confirmation emails—to deliver its Services. You are solely responsible for ensuring the accuracy and completeness of the data you provide. SkyBack is not responsible for errors, missed refund opportunities, or incorrect booking actions that result from malformed, outdated, or misleading input.
5.3 Retention After Account Deletion
If you choose to delete your account, SkyBack may retain limited portions of your data for a reasonable period, even after deletion, in order to:
- Complete ongoing refund or credit claims;
- Comply with legal obligations or regulatory audits;
- Prevent fraud or abuse;
- Enforce these Terms;
- Maintain business records, analytics, and system logs.
We take reasonable security precautions to protect your retained data and will not use it for marketing purposes after account deletion unless you opt in.
6. Internet Connectivity and User Responsibility
You are solely responsible for maintaining a functioning internet connection and any mobile data or carrier fees incurred through your use of the Services. SkyBack disclaims responsibility for failures, interruptions, or degradation in the quality of the Services caused by your device, carrier network, or environmental conditions.
7. Disclaimer of Liability and No Guarantee of Results
7.1 Fare Drop Detection Disclaimer
SkyBack employs automated systems and internal logic to detect and respond to airfare changes. However, due to the complex and dynamic nature of airline pricing and fare rules, we do not guarantee:
- That all eligible fare drops will be detected;
- That all refund or credit opportunities will be processed;
- That refunds or credits will always be accepted or issued by the airline.
7.2 Booking Error Disclaimer
SkyBack is not liable for any inaccuracies in flight information, failure to detect a price drop, or consequences arising from acting on incorrect or incomplete reservation data. This includes, but is not limited to:
- Failure to capture a time-sensitive fare change;
- Misreading of user-submitted confirmation emails;
- Airline limitations or policy changes affecting eligibility.
7.3 Rebooking and Fare Class Limitations
In the event that SkyBack initiates a rebooking to capture a lower fare or refund opportunity, you understand and accept that this may result in:
- Loss of original seat assignments;
- Change in fare class or ticket conditions (e.g., baggage entitlements, change/cancellation flexibility);
- Removal of complimentary upgrades or elite status benefits.
SkyBack is not responsible for any negative outcome from such rebooking activity.
7.4 Credit Ownership and Airline Issuance
SkyBack facilitates refund or eCredit claims on your behalf, but has no control over how the airline chooses to issue or allocate those credits. Refunds or credits may be:
- Returned to the original form of payment;
- Issued as travel vouchers to the person or entity listed as the booking owner;
- Subject to airline-specific expiration, redemption, or access restrictions.
SkyBack is not liable if you are unable to access or redeem the refund or credit, nor are we responsible for pursuing credit reallocation once it is issued.
7.5 System Breach or Data Exposure
SkyBack uses commercially reasonable security practices to protect your data. However, you understand that no system is impenetrable. SkyBack is not liable for damages, direct or indirect, resulting from unauthorized access, data breaches, or third-party exploits.
8. Third-Party Service Dependencies
The Services depend on the proper functioning of third-party services such as airline systems, email providers, hosting platforms, and analytics tools. SkyBack disclaims all liability for downtime, inaccuracies, or errors caused by these third parties.
9. Software Updates and Compatibility
We may issue periodic updates to the SkyBack application to improve performance, security, and user experience. By using the Services, you consent to receive such updates. It is your responsibility to ensure that your device and software are compatible with SkyBack.
10. Indemnification
You agree to indemnify, defend, and hold harmless SkyBack and its affiliates, officers, directors, and employees from any third-party claims, liabilities, damages, or expenses (including attorneys’ fees) arising from:
- Your use or misuse of the Services;
- Your violation of these Terms;
- Your infringement of any intellectual property or privacy rights of another party.
11. Dispute Resolution and Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Services shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to a trial by jury or to participate in a class-action lawsuit.
12. Changes to These Terms
SkyBack reserves the right to update or modify these Terms at any time, at its sole discretion. When changes are made, the updated version will be posted at Terms of Service.
It is your responsibility to review the most current version of the Terms and Conditions before using the Services. Your use of the Services after any change has been published will be governed by the then-current Terms. If you do not agree to the modified Terms and Conditions, you must discontinue use of the Services.
13. Contact Information
For questions, feedback, or legal inquiries related to these Terms and Conditions, please contact us at support@getskyback.com.
