Terms of Service

1. Agreement to Terms

By accessing or using the website skylarkconsulting.app (the "Website") or engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website or services. These Terms constitute a legally binding agreement between you and Skylark Consulting LLC ("Company," "we," "our," or "us").

2. Services Description

Skylark Consulting provides custom software development and AI consulting services for manufacturing businesses, including but not limited to:

• Production dashboards and analytics
• Quality control and tracking systems
• Process automation and Power Apps development
• CRM and customer management systems
• Inventory and job tracking solutions
• Predictive maintenance and AI systems
• Custom software development for manufacturing operations

The specific scope, deliverables, timeline, and pricing for each project will be defined in a separate written agreement or proposal.

3. Use of Website

Permitted Use

You may use our Website for lawful purposes only. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit harmful code, viruses, or malware
• Engage in any activity that disrupts or interferes with the Website
• Attempt to gain unauthorized access to any part of the Website or related systems
• Use automated systems (bots, scrapers) without our written consent
• Impersonate any person or entity

Account Security

If you create an account on our Website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

4. Service Engagement and Payment Terms

Consultation Process

We offer a free initial consultation to discuss your project needs and requirements. This consultation does not create any obligation on either party.

Project Proposals

Following the consultation, we may provide a written proposal outlining the scope of work, deliverables, timeline, and pricing. Acceptance of a proposal creates a binding agreement for the specific project described.

Satisfaction Guarantee

Our standard payment policy is "pay only when satisfied":

• No upfront payment is required
• We develop the solution first
• Payment is due only after delivery and client satisfaction
• Specific terms will be outlined in the project agreement

"Satisfaction" is defined as the delivered solution meeting the specifications and requirements outlined in the project agreement. Disputes regarding satisfaction will be resolved through good-faith negotiation.

Payment Terms

Unless otherwise specified in the project agreement, payment is due within 30 days of project delivery. We accept payment via bank transfer, check, or other methods as agreed upon.

Late Payments

Late payments may incur interest charges or late fees as specified in the project agreement and permitted by law.

5. Intellectual Property Rights

Client-Owned Deliverables

Upon full payment, you will own all rights to the custom software, code, and deliverables created specifically for your project, as outlined in the project agreement.

Company-Owned Materials

We retain ownership of:

• Pre-existing tools, frameworks, and code libraries
• Methodologies and processes
• General knowledge and expertise gained during the project

Website Content

All content on our Website, including text, graphics, logos, images, and software, is the property of Skylark Consulting LLC or its licensors and is protected by intellectual property laws.

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary and sensitive information shared during the course of our engagement. This includes:

• Business processes and operational data
• Technical specifications and source code
• Financial information
• Trade secrets and proprietary methodologies

Confidentiality obligations will be detailed in a separate Non-Disclosure Agreement (NDA) if required.

7. Warranties and Disclaimers

Limited Warranty

We warrant that our services will be performed in a professional and workmanlike manner in accordance with industry standards. Custom software will function substantially as described in the project specifications.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THE PROJECT AGREEMENT, OUR SERVICES AND WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

We do not guarantee specific business results, cost savings, or performance improvements, although we strive to deliver solutions that provide value.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKYLARK CONSULTING LLC SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption
• Costs of substitute services

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Skylark Consulting LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services or Website
• Your violation of these Terms
• Your violation of any third-party rights
• Any content or data you provide to us

10. Termination

Project Termination

Either party may terminate a project engagement as specified in the project agreement. Termination terms, including payment for work completed, will be outlined in the agreement.

Website Access

We reserve the right to suspend or terminate your access to the Website at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users or our business.

11. Force Majeure

Neither party shall be liable for any delay or failure to perform due to causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

12. Dispute Resolution

Informal Resolution

In the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation.

Arbitration

If informal resolution fails, any dispute arising from these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Albuquerque, New Mexico.

Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or breach of confidentiality obligations.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law provisions.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website or services after changes are posted constitutes acceptance of the modified Terms. Material changes will be communicated via email to active clients.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Skylark Consulting LLC regarding the use of our Website and services.

17. Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights or provisions.

18. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.