Terms and Conditions

Welcome to Skill Mammoth! These Terms and Conditions (“Terms”) outline the rules and regulations for the use of Skill Mammoth’s website and services, located at https://www.skillmammoth.com (the “Website”). By accessing this Website or by purchasing or subscribing to any of our services, you agree to be bound by these Terms. If you do not agree with all the terms and conditions stated here, do not continue to use Skill Mammoth’s Website or services.

1. Terminology

• “Client,” “You,” “Your” refers to you, the person logging onto this Website and compliant with these Terms.
• “The Company,” “Ourselves,” “We,” “Our,” “Us” refers to Skill Mammoth LLC (“Skill Mammoth”).
• “Party” or “Parties” refers to both the Client and Skill Mammoth collectively.

2. Description of Services

2.1 Unlimited Design or Unlimited Design + Automation Service

Previously known as “Skill Mammoth Infinity,” our Unlimited Design or Unlimited Design + Automation service (“Unlimited Design Service”) is a subscription-based offering that allows Clients to submit unlimited creative design requests. For those who opt into the Automation component, we will also set up and manage automations, subject to the terms below.

1. Design Requests and Revisions
   • Clients may submit as many design requests as needed.
   • Requests are processed in the order they are received.
   • Unlimited revisions are included, with each revision considered a new request.
2. Automation Services (if selected)
   • We may build integrations or process automations at your request.
   • Liability for Automations: Skill Mammoth is not liable for failures arising from:
     • Connection expirations
     • Two-factor authentication (2FA) issues
     • Third-party rate limits
     • Any other external dependencies
   • Client Responsibilities: You are responsible for maintaining active third-party connections, managing your 2FA credentials, and monitoring rate limits, unless you have purchased our dedicated premium support service or are subscribed to an Unlimited Design + Automation plan with premium support included.
3. Premium Support
   • Dedicated Premium Support or membership in the Unlimited Design + Automation plan includes connection and 2FA management by Skill Mammoth with a 24-hour SLA for resolutions.
   • If you do not subscribe to premium support, any additional support requests beyond our standard scope may incur additional fees.
4. Turnaround Time
   • Turnaround depends on the complexity of each request. Most requests are delivered within 10 business days, but complex tasks may take longer.
   • We reserve the right to extend turnaround times when necessary.
5. Communication
   • We operate primarily on an asynchronous basis. Communication is handled through the Skill Mammoth portal where you can submit, track, and revise requests.
   • Synchronous meetings are available upon request for an additional fee.
6. Cancellation & Refunds
   • We do not offer refunds for subscriptions. You may pause or cancel your subscription at any time through the Skill Mammoth portal.

2.2 À La Carte Services

We also provide one-time (à la carte) services, where payment terms depend on the total project cost:

1. Services $1,999 and Under
   • Paid in full upon the start of the service.
2. Services $2,000 and Above
   • Require a 50% deposit before work begins.
   • Depending on project length and complexity, a 25% payment may be due at the midpoint and the remaining 25% due upon completion. Alternatively, some projects may only require the final 50% payment upon completion.
   • These milestones and due dates will be outlined in your specific project proposal or invoice.

3. 100% Satisfaction Guarantee

We are committed to ensuring you are satisfied with the services purchased from us. We will continue working and revising to meet your requirements and achieve a product you find satisfactory.

• Waiver for Extenuating Circumstances: Skill Mammoth reserves the right to waive or limit this guarantee in cases of unreasonable demands, lack of cooperation, or other extenuating circumstances that make it impractical to fulfill unlimited revisions or requests.

4. Content Ownership & Licensing

1. Ownership of Uploaded Content
   • Clients retain ownership of all content and materials (text, images, branding, etc.) that they upload or provide to Skill Mammoth.
   • By submitting or uploading any content to Skill Mammoth, you grant us a non-exclusive, transferable, royalty-free, worldwide license to use, modify, and create derivative works from that content solely for the purpose of delivering services to you.
2. Portfolio and Marketing Use
   • Skill Mammoth reserves the right to showcase completed projects in its portfolio or in marketing materials unless explicitly prohibited in writing by the Client.
3. Skill Mammoth-Created Materials
   • Unless otherwise stated, Skill Mammoth and/or its licensors retain the intellectual property rights for all materials created by us.
   • Upon final payment (and as applicable to your project scope), we grant you a license to use the materials we’ve created for your business or personal use.

5. Contract Work

Skill Mammoth may subcontract or contract out certain tasks or project components to trusted partners or freelancers to ensure the highest quality or faster turnaround times. We remain your primary point of contact and maintain responsibility for delivering the final deliverables, unless otherwise agreed in writing.

6. Payment Terms

1. Subscription Services (Unlimited Design or Unlimited Design + Automation)
   • All subscription fees are charged in advance of service on a monthly or annual basis, depending on your selection.
   • Unsuccessful payments or chargebacks may result in the suspension or termination of service.
2. À La Carte Services
   • Payment structure (as described in Section 2.2) will be detailed in your agreement or invoice.
   • Non-payment or late payment may result in halted work and/or additional fees.

7. Confidentiality & Data Security

1. Confidential Information
   • Skill Mammoth will keep confidential any information or materials that you designate as confidential.
   • We will not disclose your confidential information to third parties except as necessary to fulfill our obligations or as required by law.
2. Data Security
   • We employ commercially reasonable measures to protect your data.
   • You acknowledge that no method of online transmission or storage is entirely secure and agree to use our services at your own risk.

8. Limitation of Liability

1. Automations & Third-Party Services
   • No Liability: Skill Mammoth is not liable for any damages, losses, or failures resulting from the use of third-party platforms, APIs, or rate limits.
   • If your subscription or arrangement includes premium support, we will make reasonable efforts to fix or re-establish automations within the 24-hour SLA, but we still cannot guarantee the performance of third-party systems.
2. General Liability Cap
   • Skill Mammoth’s total liability to you for any claim arising out of or relating to these Terms or our services shall be limited to the amounts paid by you for the services in the three months preceding the event giving rise to the claim.
3. Exclusion of Damages
   • In no event shall Skill Mammoth be liable for indirect, incidental, punitive, special, or consequential damages.

9. Indemnification

You agree to indemnify and hold Skill Mammoth, its employees, and affiliates harmless from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of:

• Your use of our services;
• Your breach of these Terms;
• Your violation of any third-party right, including intellectual property or privacy rights.

10. Force Majeure

Skill Mammoth shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, pandemics, labor strikes, or internet disruptions.

11. Arbitration & Dispute Resolution

1. Mandatory Arbitration
   • Any dispute, claim, or controversy arising out of or relating to these Terms or the use of Skill Mammoth services shall be resolved by binding arbitration under the rules of the American Arbitration Association.
   • Arbitration will take place in Minnesota unless otherwise agreed in writing.
   • The decision of the arbitrator is final and binding.
2. Class Action Waiver
   • You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action or collective arbitration.
3. Attorneys’ Fees
   • The prevailing party in any arbitration proceeding shall be entitled to recover its reasonable costs, including attorneys’ fees.

12. Non-Solicitation

During the term of your engagement with Skill Mammoth and for a period of one year thereafter, you agree not to solicit for hire or employ any employee or contractor of Skill Mammoth without our prior written consent.

13. Modifications to the Terms

Skill Mammoth reserves the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting to our Website. Continued use of the Website or our services following the posting of revised Terms constitutes your acceptance of such changes.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law principles.

Last Updated: December 24th, 2024

If you have any questions about these Terms or need further clarification, please contact us at support@skillmammoth.com.