SuspectSky App Terms of Use
Last Updated: May 6, 2025
Welcome to the SuspectSky App! These Terms of Use (“Terms”) govern your access to and use of the SuspectSky mobile application and related services (collectively, the “App”). Please read these Terms carefully because they form a legally binding agreement between you and SuspectSky, LLC (“SuspectSky,” “we,” or “us”). By downloading or using the App, you agree to these Terms. If you do not agree, do not use the App. We are providing this in plain language to be clear, but if you have any questions about the Terms, feel free to contact us.
These Terms incorporate our Privacy Policy (above) by reference. By accepting these Terms, you also acknowledge our Privacy Policy and consent to our data practices as described therein.
Who Can Use the App: The SuspectSky App is intended for users of all ages, but you must be at least 13 years old to create an account or submit content. We do not allow accounts for children under 13. If you are between 13 and 17 years old (or the age of majority in your jurisdiction), you may use the App only with the permission and supervision of your parent or legal guardian, who must review and agree to these Terms on your behalf. By using the App, you affirm that you are either 18 or older, or that you are 13+ and have your parent/guardian’s consent. SuspectSky reserves the right to ask for proof of age or parental consent if needed.
Account Creation: To access certain features (like posting a sighting or commenting), you need to create an account with a valid email address and password. You agree to provide truthful, accurate, and complete information during signup and to keep your account information updated. Don’t impersonate anyone or choose an offensive username. You are responsible for maintaining the confidentiality of your login credentials. You are responsible for all activities that occur under your account. If you suspect any unauthorized use of your account, notify us immediately at contact@suspectsky.com. We are not liable for any loss or damage arising from someone else using your account (with or without your knowledge). You may not transfer your account to someone else or use anyone else’s account without permission.
No Social Logins: Note that we do not support signing up or logging in via social media accounts; you must use our direct registration. Therefore, protecting your SuspectSky account credentials is especially important.
Account Security: You agree to use a strong, unique password and to log out when finished using the App (especially on a shared device). We encrypt passwords and take steps to secure accounts, but we need you to do your part too. We will never ask you for your password via email or phone; if someone does, it’s likely a scam.
Multiple Accounts: You are generally allowed to have only one account, unless we provide permission for additional accounts (for example, a separate moderator account if you help with the community). Creating excessive or fake accounts is a violation of these Terms.
SuspectSky grants you a personal, limited, non-exclusive, non-transferable, revocable license to download and use the App for your own non-commercial use (or internal household use) in accordance with these Terms. This means you can install the App on your device and use it to view and share UFO/paranormal content for fun or informational purposes. You may not use the App for any resale, commercial distribution, or in a way not authorized by these Terms. All rights not expressly granted to you are reserved by SuspectSky and its licensors.
You agree not to copy, reproduce, distribute, or create derivative works from the App or any part of it, unless we have given you explicit permission. The App is licensed, not sold, to you. If you violate these Terms, we may terminate this license at any time (which means you would no longer have the right to use the App).
App Stores: If you got the App from the Apple App Store or Google Play Store, you must also comply with their applicable rules (like Apple’s App Store Terms and Google Play’s terms). For example, you cannot use a jailbroken device to run the App if that violates Apple’s terms. There are some additional provisions for Apple iOS users at the bottom of these Terms (in the Platform Terms section) that clarify Apple’s and your responsibilities.
We want the SuspectSky community to be enjoyable and safe for all users. By using the App, you agree to follow these user conduct rules:
SuspectSky has the right (but not the obligation) to monitor user content and conduct. If we determine (in our sole discretion) that you have violated these rules or any other provision of the Terms, we may remove or modify your content, and we reserve the right to suspend or terminate your account. In serious cases, we may also report you to law enforcement (for example, if we believe you have made credible threats or engaged in criminal conduct via the App).
Posting Content: The App allows you to create, post, and share content such as written reports, comments, photographs, audio, and videos (“User Content”). SuspectSky does not claim ownership of your User Content. You remain the owner of any intellectual property rights in the content you create. However, to operate the service, we need certain rights from you.
Your License to Us: By submitting or posting User Content in the App, you grant SuspectSky a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, modify (for formatting or technical purposes, e.g. compressing a video), distribute, publicly display, and publicly perform your User Content in connection with operating and providing the App and our related platforms (for example, this license allows us to show your content to other users, to include it in a feed, to promote the content within the app, and to store it on our servers). We will never try to sell your personal content to others without your permission; this license is only so that we can technically deliver the service. This license ends when you delete the content from the App, except to the extent the content has been shared with others and they have not deleted it, or it has been stored by us as part of routine backups (in which case it will be deleted in the normal course of those operations).
Your Promises about Content: You represent and warrant that you have all necessary rights to the User Content you post – i.e., that you either are the author/creator of the content or have obtained the necessary permissions or licenses to post it. You also promise that your User Content does not violate the law or anyone’s rights (including intellectual property, privacy, or publicity rights), and that posting it does not breach any contract you have with a third party. For example, if you upload a video, you promise you either filmed it yourself or have the right to use it. If you incorporate music in a video, you must have rights to that music, etc. You agree to indemnify and hold SuspectSky harmless from any claims that your content is posted without proper rights or in violation of law (see Indemnification below for more on this).
Content Moderation: SuspectSky is not responsible for User Content – it belongs to the users who post it. We do not approve or endorse any User Content, and it may not reflect our opinions. That said, we reserve the right to remove or moderate content that we find violates these Terms or our policies, or for any other reasonable reason. We are not required to provide an explanation for removal, but we may choose to do so. If you believe another user’s content is violating our rules or your rights, you can report it to us at contact@suspectsky.com. We will review reports promptly. Under federal law (47 U.S.C. § 230, the Communications Decency Act), we (as an interactive computer service provider) are generally not liable for third-party content, but we strive to enforce our rules to maintain a friendly community.
No Storage Obligation: We are not a content backup service. We do not guarantee that User Content will be stored or retrievable. We encourage you to keep copies of any content that you value. If your account is terminated or if you remove content, we may permanently delete it from our systems. We have no liability to you for removing or deleting content (though our Privacy Policy might give you rights to request deletion, which we of course follow).
SuspectSky’s Intellectual Property: The App (including its software code, design, and all content provided by us – such as our logos, graphics, compilation of sighting data, text we create, and any original audiovisual content we provide) is owned by SuspectSky, LLC or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. SuspectSky and the SuspectSky logo are our trademarks/service marks. You do not have permission to use our name or logos (for example, you can’t name your own app “SuspectSky” or use our logo in your product) without our prior written consent.
You agree not to remove, obscure, or alter any copyright, trademark, or other proprietary rights notices that may be affixed to the App or content within the App.
Limited Rights: Except for the limited license granted to you above to use the App, nothing in these Terms gives you any right, title, or interest in SuspectSky’s intellectual property. If you want to quote or use any content from our App (outside of what’s allowed by fair use law), please ask us first.
Feedback: If you send us any feedback or suggestions regarding the App (e.g., ideas to improve features), you agree that we can use and share such feedback for any purpose without compensating you. This helps us incorporate improvements freely.
Copyright Infringement (DMCA): We respect copyright law and expect our users to do the same. If you believe any User Content infringes your copyright, you may send us a notice under the Digital Millennium Copyright Act (DMCA). The notice should include: (i) identification of the copyrighted work you believe is infringed; (ii) identification of the material on our App that you believe is infringing with enough detail for us to locate it; (iii) your contact information; (iv) a statement that you have a good faith belief the use is not authorized; (v) a statement under penalty of perjury that your notice is accurate and you are the copyright owner or authorized to act on their behalf; and (vi) your physical or electronic signature. Send DMCA notices to our designated agent at contact@suspectsky.com (Subject: “DMCA Notice”). We will respond promptly, which may include removing the accused content. We also allow users to counter-notify if they believe their content was wrongly removed, following DMCA procedures. Repeat infringers’ accounts will be terminated in appropriate circumstances.
In-App Purchases: The App may offer in-app purchases or premium features (for example, perhaps a subscription for ad-free browsing or access to exclusive content). All purchases made through the Apple App Store or Google Play (or any other authorized app marketplace) are subject to the terms and conditions of that platform. This means payment processing is handled by Apple or Google, not by SuspectSky directly. For instance, if you buy a subscription on an iPhone, Apple’s payment terms apply, and Apple may send us a confirmation.
Payment Information: We do not receive your full credit card or payment account information from Apple/Google; we may only receive a token or confirmation ID and maybe your name/email. Any billing disputes (such as a request for a refund) should generally be directed to Apple or Google as per their policies. We will adhere to the app store’s rules on refunds. For example, if Apple’s App Store policy grants you a refund under certain conditions, we will support that process, but you may need to request it through Apple.
Subscriptions: If the App offers subscription services, they will typically auto-renew until canceled. You will be clearly informed of pricing and billing interval before you confirm a subscription. You can cancel a subscription at any time through your app store account settings. If you cancel, you’ll typically retain access for the remainder of the period you’ve paid for, and the subscription will not renew thereafter. We do not offer prorated refunds for mid-period cancellations unless required by the platform or law.
All Sales Final: Except as expressly provided in these Terms or required by the app store’s policy or applicable law, all purchases are final and non-refundable. For example, if you purchase an item or upgrade within the App, you assume responsibility for the transaction once it’s completed. If you believe there was an error with a transaction, contact the app store support or us and we will do our best to assist or advise.
Price Changes: We reserve the right to change the pricing of the App’s goods or services. If you have a recurring subscription, we will notify you in advance of any price increase, and you will have the opportunity to cancel before being charged the new rate. Using the service after the price change goes into effect constitutes agreement to the new price.
Promotions and Offers: From time to time, we may offer promotional codes, discounts, or free trials. These are subject to specific terms, and we reserve the right to modify or withdraw them at any time, in line with any applicable law. Free trial users must cancel before the trial ends to avoid being charged (we will remind you as required by platform rules).
As-Is Service: The SuspectSky App is provided on an “AS IS” and “AS AVAILABLE” basis. While we strive to provide a great service, we make no guarantee that the App will be uninterrupted, error-free, or meet all of your expectations. Use of the App is at your own risk.
To the fullest extent permitted by law, SuspectSky disclaims all warranties, express or implied, in connection with the App and your use thereof. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the information or content provided in the App is accurate, reliable, or correct; that the App will meet your requirements; that the App will be available at any given time or location, secure or free from viruses or other harmful components; or that any defects or errors will be corrected.
No Guarantees on Content: Any information or content on the App (especially user-submitted paranormal reports) is not verified by us. SuspectSky does not guarantee the truth or reliability of any UFO sighting, story, or other user content. It’s for entertainment and informational purposes. We are not responsible for any decisions you make based on content you find on the App.
If you rely on the App or any content available through the App, you do so at your own discretion and risk. You understand that you are solely responsible for any damage to your device or loss of data that results from any material downloaded or otherwise obtained through the use of the App.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such jurisdictions, warranties are disclaimed to the maximum extent permitted by law.
To the fullest extent permitted by law, SuspectSky, LLC and its officers, directors, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. This applies to any theory of liability, whether based on warranty, contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
For example, we will not be liable for:
Cap on Liability: In no event shall our total cumulative liability for any claims arising out of or relating to these Terms or the App, regardless of the form of action, exceed the greater of: (a) the total amount (if any) you paid to us for in-app purchases in the 12 months immediately before the claim, or (b) $50 USD. This is the maximum you could recover from us in aggregate for all claims.
Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages. If you reside in such a jurisdiction, the above limitations may not apply to you to the extent disallowed. In such cases, SuspectSky’s liability will be limited to the smallest amount permitted by law.
We do not exclude or limit our liability to you where it would be illegal to do so – this includes any liability for gross negligence, willful misconduct, or personal injury or death caused by our negligence to the extent applicable law prohibits such exclusion.
You agree to indemnify, defend, and hold harmless SuspectSky, LLC and its affiliates, and their respective officers, directors, employees, and agents (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) that arise out of or relate to: (a) your use or misuse of the App; (b) your violation of these Terms or any law or regulation; (c) your infringement or violation of any rights of another (including intellectual property rights or privacy rights); or (d) any User Content you post or submit (including any claims that your content infringes or misappropriates a third party’s rights or that it caused damage to a third party).
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy. You agree not to settle any such claim without our prior written consent (which we will not unreasonably withhold). This indemnity obligation will continue after you stop using the App or delete your account, as it covers events that occurred while you used the App.
These Terms and any dispute that arises between you and SuspectSky will be governed by the laws of the State of Pennsylvania, U.S.A., without regard to its conflict of law provisions, and (to the extent applicable) the federal laws of the United States. We choose Pennsylvania law because SuspectSky, LLC is based in Pennsylvania. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
If you reside outside of the United States, you understand and agree that U.S. law shall apply to your use of the App. However, nothing in these Terms will deprive you of any consumer protections under the law of your country of residence that are non-waivable.
Jurisdiction: Subject to the Arbitration section below, any legal action or proceeding arising under these Terms that is not submitted to arbitration will be brought exclusively in the federal or state courts located in Allegheny County, Pennsylvania, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts. You waive any objection on the grounds of improper jurisdiction or venue (forum non conveniens). If you are a consumer in the EU or certain other jurisdictions, you may have the right to bring an action in your home country’s courts – this section does not override such rights where applicable.
PLEASE READ THIS SECTION CAREFULLY. It affects your rights, as it generally requires disputes to be resolved through binding arbitration on an individual basis, rather than jury trials or class actions.
Informal Resolution
We’d like the chance to address your concerns without a formal legal case. Before filing a claim against SuspectSky, you agree to try to resolve the dispute informally by contacting us at contact@suspectsky.com and providing a brief written description of your dispute and your contact information. We will contact you via email or other method to try to resolve the dispute informally. If a dispute is not resolved within 30 days after submission, either you or we may initiate an arbitration (or small claims court, if applicable).
Agreement to Arbitrate
You and SuspectSky agree to resolve any disputes through final and binding arbitration, except as noted under “Exceptions to Arbitration” below. This includes disputes arising out of or relating to these Terms, the App, or our relationship, whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
Arbitration is a more informal way to resolve our dispute than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, and is subject to limited review by courts. However, arbitrators can award the same damages and relief that a court can award (including injunctive and declaratory relief or statutory damages). Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
You understand that by agreeing to arbitration, YOU AND SUSPECTSKY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY or to participate in a class action or representative proceeding.
Arbitration Procedures: The arbitration will be administered by a reputable arbitration provider. We propose the American Arbitration Association (AAA) under its Consumer Arbitration Rules (which you can find on the AAA website), but if AAA is not available or not acceptable to both parties, we can mutually agree on another arbitration provider or arbitrator. If we cannot agree, a court can appoint an arbitrator pursuant to 9 U.S.C. § 5.
Unless you and we agree otherwise, the arbitration will take place in Pittsburgh, Pennsylvania (or you may choose a telephonic or video conference format to avoid travel, or an alternative location if required by AAA rules or law for consumer arbitrations). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing. If your claim exceeds $10,000, the AAA rules will determine the right to a hearing.
The arbitrator will decide the substance of all claims, following the Federal Arbitration Act (FAA), AAA rules, and applicable law. The arbitrator can award any relief that a court can, including injunctive relief or statutory damages, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Arbitration Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Consumer Rules. We will pay those fees for claims totaling less than $5,000, unless the arbitrator finds your dispute frivolous or brought for an improper purpose (under applicable law, the standard for frivolousness). For claims that could have been brought in small claims court, we will reimburse your filing fees and pay the AAA’s and arbitrator’s fees. Each party bears its own attorneys’ fees, unless the arbitrator awards fees under applicable law or contract (for example, some laws let the prevailing party recover reasonable attorneys’ fees).
Exceptions to Arbitration: Either you or SuspectSky may choose to pursue a dispute in small claims court instead of arbitration if the claim qualifies for small claims court and remains in that court (i.e., it is not aggregated with other claims). Also, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the App, or intellectual property infringement (for example, trademark misuse, or copyright violation) without first engaging in arbitration. In such cases, the courts in Allegheny County, PA have jurisdiction as noted above, unless otherwise required by law.
Class Action Waiver: You and SuspectSky agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate or join more than one person’s claims and may not preside over any form of a representative or class proceeding. The arbitrator can award relief only on an individual basis (including individual injunctive relief) and cannot award relief that would affect other users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief (such as a request for public injunctive relief), then that claim or request will be severed from arbitration and pursued in court, with the remaining claims in arbitration.
Opt-Out: You have the right to opt out of this arbitration agreement. If you do not agree to this mandatory arbitration provision, you may opt out within 30 days of first accepting these Terms by contacting us at contact@suspectsky.com with the subject line “Arbitration Opt-Out.” You must include your name, address, the email associated with your account, and a clear statement that you want to opt out of this arbitration agreement. Note that the opt-out applies only to this version of the Terms; if we update the Terms in the future and you accept the new terms, you will have to opt out again unless the new terms allow an earlier opt-out to carry forward.
If you opt out of arbitration, the “Governing Law” and jurisdiction provisions above will apply, and you also agree to waive the right to trial by jury if permitted by law (since many opt-outs result in bench trials, but anyway you preserve right to go to court).
Enforceability: If the class action waiver in this Section is found unenforceable in a particular case, then the entirety of the arbitration agreement will be void with respect to that case. If any other part of this arbitration section is found to be unenforceable, the remaining parts shall still apply. This arbitration agreement will survive termination of your account or use of the App.
By You: You may stop using the App at any time. If you wish to delete your account, you may do so through the App (if that functionality exists) or by contacting us. Deleting your account will typically remove your profile and stop collection of your data, but some content you posted may persist as described in the Privacy Policy (e.g., posts that others have reshared).
By Us: We reserve the right to suspend or terminate your access to the App (or certain features) at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, to SuspectSky, or to any third party. For example, if you seriously violate our user conduct rules or repeatedly infringe copyrights, we may ban your account. In most cases, we will provide a warning or explanation, but in severe cases we may terminate immediately.
If we terminate your account, these Terms will also terminate as an agreement (except any provisions that by their nature should survive, as listed in Section 13 below). You must not create a new account if your old account was terminated by us, unless we provide explicit permission.
Effect of Termination: Upon termination of your account for any reason, your right to use the App will immediately cease. You must delete or uninstall the App from your device. The license granted to you ends with termination. Any accrued obligations (like payment of any fees owed) and our rights (like the rights you granted to your content, up to deletion) and terms that by their intent survive will continue.
SuspectSky shall not be liable to you or any third party for termination of your account or access to the App, provided we acted in accordance with these Terms.
Entire Agreement: These Terms (including any referenced documents like the Privacy Policy and any platform-specific terms below) constitute the entire agreement between you and SuspectSky regarding the App, and supersede any prior agreements or understandings, whether written or oral, relating to your use of the App. Any additional or different terms you may propose (for example in a purchase order or email) are rejected and will not apply unless expressly agreed in writing by SuspectSky.
Severability: If any provision of these Terms is held to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, that provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, and if it cannot be made enforceable, then it will be severed and the remaining provisions will remain in full force and effect. For example, if a limitation of liability is deemed too broad, the court/arbitrator may adjust it but the rest remains.
No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right. Any waiver must be in writing and signed by an authorized representative of SuspectSky. Similarly, if you fail to exercise a right under these Terms, it does not mean you have waived that right.
Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. Any attempt to do so without consent is void. SuspectSky may freely assign or transfer these Terms (for example, to a successor company or in a merger/acquisition) without restriction. These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
No Third-Party Beneficiaries: These Terms are for the benefit of you and SuspectSky only. Except as expressly stated otherwise in the Platform Terms below (regarding Apple and Google as beneficiaries in certain cases), no third party has any rights under these Terms. This means that these Terms do not give enforceable rights to anyone else (for example, no other company can claim any indemnity or liability limitation from these Terms, since it’s between us).
Force Majeure: SuspectSky will not be liable for any delay or failure to perform its obligations hereunder if such delay or failure results from any cause beyond our reasonable control, including acts of God, fire, floods, pandemic, strikes, internet outages, electrical failures, war, terrorism, or governmental action.
Notices: We may provide notices or communications to you by email (to the address associated with your account), through the App (e.g., in-app notification), or by posting on our website. You may provide notices to us by email to contact@suspectsky.com or by mail to our physical address provided in the Privacy Policy’s contact section. Email notices are deemed received 24 hours after they are sent, unless the sender is notified that the address is invalid. Postal notices are deemed received 5 business days after mailing.
Relationship: No agency, partnership, joint venture, or employment is created by these Terms. You and SuspectSky are independent contractors. You cannot make any commitments on our behalf, and vice versa.
Headings: Section headings in these Terms are for convenience only and have no legal effect.
Survival: Provisions of these Terms that by their nature should survive termination (such as arbitration agreement, indemnities, disclaimers, limitations of liability, governing law, etc.) will remain in effect even after your access to the App is terminated or your relationship with us ends.
This section only applies to the extent you downloaded the App from an official app marketplace like Apple’s App Store or Google Play. These platform providers require certain additional terms:
Apple iOS Users: If you downloaded the App from the Apple App Store, the following terms apply:
Google Play Users: If you downloaded the App from Google Play, the following terms apply:
Regardless of where you downloaded the App, you agree to comply with all applicable third-party terms of agreement when using the App (for example, your wireless data service agreement terms, as using the App may count towards data usage).
If you have any questions about these Terms or need to reach us for any reason, please contact:
SuspectSky, LLC
577 Dorseyville Road, Pittsburgh, PA 15238, USA
Email: contact@suspectsky.com
Phone: 404-293-8021
We appreciate you taking the time to read these Terms. Thank you for being part of the SuspectSky community and happy sky-watching!