Terms & Conditions

Acceptance of Terms

These Terms of Service (referred to as the “Agreement”) between SkillmoriTech Applications Private Limited (“we”, “us”, or “Skillmori”) and you govern your access and use of our web platform available through www.skillmori.com (referred to as the “Site”) and the subscription or other services we provide (referred to as the “Services”). By utilizing this Site and accessing our Services in any manner, you acknowledge that you have carefully read, comprehended, and consent to be bound by this Agreement.

We retain the right to update this Agreement periodically. By continuing to utilize this Site and the Services post-update, you accept the modifications in their entirety. All updates will become effective upon being posted. We highly recommend that you regularly check the “Terms of Service” link on the home page whenever you visit this Site to stay informed about any updates.

Privacy Policy

Our Privacy Policy, accessible at https://skillmori.com/privacy, outlines the procedures governing the usage of your personal information. Your ongoing use of this Site signifies your agreement to the terms outlined in the Privacy Policy, which is integrated herein by reference. Should you have any reservations regarding the utilization of your personal information in accordance with the Privacy Policy, we kindly request that you exit this Site promptly. Please be advised that access to this Site is limited to individuals who are at least 18 years of age.

The Services

Subject to your compliance with the terms of this Agreement, along with your subscription to an applicable plan and our timely receipt of associated payments, we will make the Services available to you for the duration of your subscription term. We will make commercially reasonable efforts to ensure the availability of the Services, taking into account planned downtime and any unforeseen emergency maintenance. Please be aware that we reserve the right to modify, replace, or discontinue the Services at our discretion, without prior notice to you.

You may access and utilize the Services solely in accordance with the terms outlined in this Agreement. You agree to provide accurate and current information about yourself as requested in any form on the Site (“Registration Data”) and to promptly update this information to ensure its accuracy. It is your responsibility to maintain the security of your password and account information and to notify us immediately of any unauthorized use of your account. Each user of the Services must have a separate username and password, and you agree to provide a valid email address for each authorized user. Additionally, you agree to provide any other information reasonably requested by us.

You are responsible for procuring and maintaining all necessary telecommunications, broadband, and computer equipment and services required to access and use the Services, as well as for all associated charges.

We reserve the right to terminate your account without prior notice or liability if, in our sole discretion, we determine that you have violated the terms of this Agreement, engaged in conduct inconsistent with our values, shared usernames or passwords, abused our services or team, or used our services for illegal purposes.

“Deliverables” refer to content developed specifically for you based on your design requests, excluding Licensed Content, which is subject to certain licensing restrictions.

“Licensed Content” means stock or pre-existing content elements that we own or license from a third party, including artwork, stock photographs, audio, typefaces, videos, designs, and writings. While you will be the sole and exclusive owner of all rights, title, and interest in the Deliverables, the Licensed Content included in the Deliverables is subject to the licensing terms described in the section below. No rights are granted to you regarding any Licensed Content other than those expressly set forth herein.

Subject to your continued compliance with this Agreement and timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and use the Services for your internal business purposes. You may not access or utilize the Services to monitor its availability, performance, or functionality for competitive purposes. You may not, nor may you allow any third party to: (a) reverse engineer (except as specifically permitted by statutory law), decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structures, ideas, or algorithms of the Services; (b) modify, translate, or create derivative works based on the Services; (c) use the Services for any purpose other than your internal purposes; or (d) use the Services in any manner that is not in accordance with this Agreement and in compliance with all applicable laws and regulations, including but not limited to privacy and intellectual property laws.

You grant us a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable right and license to commercially exploit any feedback, suggestions, or recommendations that you provide to us in any manner.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, its use, or access to it, or any contact on the website through which the Service is provided, without our express written permission.

You may not use our services or products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction while using the Service, including but not limited to copyright laws.

You must not transmit any worms, viruses, or any code of a destructive nature.

You may use the Service for as many projects as desired under your applicable subscription, provided your account is in good standing, meaning you have paid your subscription fee and complied with the overall Terms of Service.

Skillmori accepts unlimited requests and revisions; however, the volume and speed of turnarounds are determined by several factors, including: (i) the working hours of the assigned design team, (ii) the number of subscriptions a client has, (iii) the type of subscription(s) a client has, (iv) the number of requests a client makes, and (v) the complexity of requests. As these factors can fluctuate, Skillmori makes no guarantee of a specific amount of design outputs that can be delivered with a single subscription.

Human error can occur, whether on our end or yours. Therefore, it is essential to carefully review each output you receive from Skillmori to ensure they meet your intended use. If any errors or inaccuracies are detected, it is your responsibility to request revisions within the scope of the Skillmori service. Although we strive to minimize errors in the final Deliverables, we cannot guarantee 100% error-free outcomes due to the inherent nature of creative design. Upon receiving a file, you agree to review and proof all content for any errors or omissions and promptly notify us of any required changes or corrections within seven (7) days. We will expedite edits to rectify any mistakes notified within this timeframe. However, we are not obligated to address errors reported after this period, though we may endeavor to collaborate with you to effect necessary corrections.

This is particularly important for print projects. Thoroughly review your design files before submitting a print order, and we recommend performing a test print to ensure all design elements, including components like QR codes, are displayed with the required clarity. If errors or inaccuracies are found, it is your responsibility to request revisions within the scope of the Skillmori service.

You retain ownership and/or control of all information, data, or materials provided to us for use in the Services (“Customer Content”). By submitting Customer Content, you represent that you own or have the necessary rights, licenses, and authorizations to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and utilize Customer Content for the provision of the Services.

You are, and will remain, the sole and exclusive owner of all rights, titles, and interests in and to the design outputs you receive from Skillmori, including all intellectual property rights therein. This provision is subject to your compliance with this Agreement, your full payment of applicable amounts due, and other terms of service.

If you wish to sell any of the design outputs you receive from Skillmori through its Service, you must inform your design team when making your design request. If you or your company will not be the end-user of a design output and intend to resell it, you must notify your Skillmori design team to ensure all elements of the design output have the appropriate licenses and/or are created as custom elements for your commercial use (i.e., resale).

We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services or service pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.

You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the Deliverables, including all intellectual property rights therein. We agree that with respect to any Deliverables that may qualify as “work made for hire” as defined in 17 U.S.C. §101, such Deliverables are deemed a “work made for hire” for you. To the extent that any Deliverables do not constitute a “work made for hire,” we irrevocably assign you all right, title, and interest throughout the world in and to the Deliverables, including all intellectual property rights therein. Notwithstanding the foregoing, the terms of this Section are subject to your compliance with this Agreement, your full payment of applicable amounts due, and the terms of the Section below. You grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, host, run, copy, reproduce, process, adapt, translate, publish, transmit, display, and distribute any Deliverables that we develop in connection with the Services solely to provide the Services to you and manage your account. We may also use the Deliverables and other information regarding you and your use of the Services for internal purposes to improve and enhance our Services and in an aggregated form to illustrate the scope of our Services for marketing and advertising purposes.

We do not condone the use of our Services for discriminatory purposes based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. Any such usage may result in permanent or temporary suspension of access to the Services, at our sole discretion, without notice or liability.

The Services may offer the option to utilize AI-generated content as part of Deliverables. By agreeing to such usage, you agree to comply with third-party terms of use regarding AI-generated content, which are separate from and in addition to Skillmori’s Terms of Service. We have limited control over AI-generated content and make no warranty or representation regarding its accuracy, completeness, reliability, ownership, or non-infringement. Utilization of AI-generated content is at your own risk.

Fees

Utilizing our Services requires the payment of recurring fees. Before we are obligated to provide any Services, you must pay the specified fees and applicable taxes in full, based on the amounts and billing frequency outlined during your registration. You may update these details as needed. All fees are due upon receipt of the invoice. The absence of an invoice from Skillmori does not relieve you of your responsibility to pay the fees as specified at registration.

By registering for the Services, you authorize us to charge your selected payment method (e.g., credit card) for the fees and applicable taxes starting from your registration date and in accordance with your chosen billing frequency (e.g., monthly, quarterly, annually). We reserve the right to suspend or terminate your account if you fail to make timely payments. All fees under this Agreement are non-cancelable and non-refundable.

We reserve the right to modify our fees with a 5-day advance notice. Your continued use of the Services signifies acceptance of such changes. We are not obligated to inform you of temporary promotions or fee reductions.

You may cancel your subscription at any time through our application or by contacting your project manager. If you cancel before the next renewal cycle, you can continue to use your account and access your design files until the end of your current paid billing term. Upon the expiration of your subscription, access to our Services and all associated design files will be terminated. We do not provide refunds or credits for partial months of service, downgrades, or unused time.

Refunds

Subscribers are solely responsible for canceling their Skillmori subscription before the billing date if they are not satisfied with the service, have not utilized the service, or do not plan to use the service. Refunds will only be considered under exceptional circumstances and at Skillmori's discretion; they will not be granted due to client inactivity or a failure to cancel the subscription prior to the billing date.

Once a subscription payment has been processed, the service will continue to be provided until the end of the subscription period unless a refund request is submitted and approved.

All refund requests are reviewed, approved, and processed at Skillmori's sole discretion and are subject to a 7.5% administrative fee (up to 7.5% of the refund amount). This fee covers the non-refundable charges imposed by the secure payment processing platform.

If a refund request is approved for a month-to-month subscription, the refund will either be for a pro-rated monthly payment or one full monthly payment, at Skillmori's discretion, and will be processed to the original payment method within 3-7 business days. Refund requests for month-to-month subscriptions will not be approved for more than one pro-rated monthly payment or one full monthly payment.

If a refund request is approved for a quarterly, bi-annual, or annual subscription, the refund amount will correspond to the cost of the remaining subscription term, minus the cost of the subscription used up to that point. The cost of the subscription used will be calculated based on the full price of the monthly subscription, and any promotions or promotional pricing applied to the quarterly, bi-annual, or annual subscription will no longer be valid. Approved refunds, at Skillmori's discretion, will be issued to the original payment method within 3-7 business days.

Confidential Information

For the purposes of this Agreement, “Confidential Information” refers to non-public or proprietary information, which includes, but is not limited to, details concerning current or future business activities, products, services, research, images, development, design specifics, and marketing strategies.

Throughout our relationship, you may share your Confidential Information with us. We agree to maintain the confidentiality of this information and will not disclose it to any third party without your prior written approval. We will utilize your Confidential Information solely for the purpose of delivering the Services. Access to your Confidential Information will be limited to those employees, officers, directors, contractors, representatives, and agents who are directly involved in providing Services to you. We will be held accountable for any breaches of this provision by our employees, officers, directors, contractors, representatives, and agents.

Notwithstanding any provisions of this Agreement, the term “Confidential Information” does not encompass information that: (a) was publicly available at the time of disclosure or has subsequently entered the public domain without violating this Agreement; (b) was lawfully in the possession of a party before disclosure; (c) is developed independently by a party without breaching this Agreement; or (d) is made known to a party by a third-party source without restriction and without violating this Agreement.

The confidentiality obligations outlined in this Agreement will remain in effect for three (3) years following the termination of this Agreement.

Indemnification

You agree to defend, indemnify, and hold us harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees and costs, that arise from or are connected to your Customer Content or your use of the Services, any Deliverables, Licensed Content, or AI-generated content. This includes, but is not limited to, any violations of third-party license terms.

You will cooperate with us as reasonably necessary in defending against any claims. We reserve the right to take exclusive control of the defense for any matter you are indemnifying us against, and you agree not to settle any such claim without obtaining our prior written consent.

Prohibited Uses

In addition to other prohibitions outlined in these Terms of Service, you are not permitted to use the site or its content for the following purposes: (a) any illegal activities; (b) soliciting others to engage in unlawful acts; (c) violating any international, federal, provincial, state regulations, rules, laws, or local ordinances; (d) infringing upon or violating our intellectual property rights or those of others; (e) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service, any related website, other websites, or the Internet; (h) collecting or tracking the personal information of others; (i) engaging in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) using the site for any obscene or immoral purpose; or (k) interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your access to the Service or any related website for any violations of the prohibited uses mentioned above.

Contact Information

For questions regarding the Terms of Service, please contact us at claire.poon@skillmori.com.

Changes To Terms Of Services

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates on our website.