Last Updated: January 18, 2025
Welcome to Skyabove. These Terms of Service ("Terms") govern your access to and use of our website, services, and products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use our Services. If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Skyabove provides comprehensive marketing, AI development, automation, and business growth services, including but not limited to:
We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice.
Our comprehensive marketing and AI services start at $3,500 per month. Pricing may vary based on the scope of services, complexity, and specific client needs. All pricing will be outlined in a separate service agreement or statement of work.
Our services require a 3-month minimum commitment. After the initial 3-month period, services continue on a month-to-month basis unless otherwise specified in your service agreement.
We reserve the right to adjust pricing with 30 days' written notice. Price changes will not affect your current billing cycle.
You may cancel your services after the 3-month minimum commitment period by providing 30 days' written notice. Cancellation during the initial 3-month period may result in payment of remaining commitment fees.
We reserve the right to terminate services immediately if you:
Services are provided on a month-to-month basis. We do not provide refunds for partial months or unused services. All fees paid are non-refundable unless otherwise specified in writing.
You agree to:
You are responsible for maintaining the confidentiality of any account credentials you provide to us. You agree to notify us immediately of any unauthorized use of your accounts.
You represent and warrant that your business, products, and services comply with all applicable laws, regulations, and industry standards. You are responsible for ensuring that all content and materials you provide do not infringe on third-party rights or violate any laws.
Upon full payment for services, you will own the following deliverables created specifically for you:
Skyabove retains ownership of:
You own and retain full access to:
You grant Skyabove a limited, non-exclusive license to use your brand assets, content, and materials solely for the purpose of providing services under this agreement.
Unless you specifically request otherwise in writing, Skyabove may use your project as a case study and include it in our portfolio, marketing materials, and client presentations. We will not disclose confidential or sensitive information without your express written consent.
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of our engagement, including:
Confidential information does not include information that:
Skyabove warrants that:
While we strive to deliver exceptional results, we cannot and do not guarantee specific outcomes, including but not limited to:
Marketing performance depends on numerous factors beyond our control, including market conditions, competition, product quality, pricing, and customer behavior.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKYABOVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF SKYABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SKYABOVE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO SKYABOVE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms shall limit our liability for:
You agree to indemnify, defend, and hold harmless Skyabove, its officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Our services may utilize third-party platforms, tools, and services, including but not limited to:
Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the performance, availability, or practices of third-party services.
These Terms begin when you first access our Services or sign a service agreement and continue until terminated in accordance with these Terms.
Upon termination:
If a dispute arises, the parties agree to first attempt to resolve it through good-faith negotiation for at least 30 days before pursuing formal dispute resolution.
Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Austin, Texas.
You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action.
These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict of law provisions.
These Terms, together with any service agreement or statement of work, constitute the entire agreement between you and Skyabove regarding the Services and supersede all prior agreements and understandings.
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after changes take effect constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.
If you have any questions about these Terms of Service, please contact us:
BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.