Legal

Terms of Service

Last updated: July 12, 2026

1. Acceptance of Terms

By accessing or using the Scale Digital Agency website (wearescale.com) or by engaging Scale Digital Agency, LLC ('Scale,' 'we,' 'our,' or 'us') for any services, you ('Client' or 'you') agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, please do not use our website or services. These terms apply to all visitors, prospective clients, and active clients.

2. Services

Scale Digital Agency provides digital marketing and advertising services including, but not limited to, paid media management (Google Ads, Meta Ads, Amazon Advertising), search engine optimization (SEO), email marketing, content marketing, graphic design, and web design. The specific scope of services, deliverables, fees, and timelines for each engagement are defined in a separate Statement of Work (SOW) or Master Services Agreement (MSA) executed between Scale and the Client. In the event of a conflict between these Terms and an executed SOW or MSA, the SOW or MSA shall govern.

3. Advertising Platform Compliance

All advertising campaigns managed by Scale are subject to the policies, terms, and guidelines of the applicable advertising platforms (including Google Ads Terms of Service, Meta Advertising Policies, LinkedIn Marketing Solutions Terms, and Amazon Advertising Policies). Clients are responsible for ensuring that their products, services, and advertising content comply with all applicable platform policies, federal and state laws, FTC guidelines, and industry standards including TCPA, CAN-SPAM, and applicable truth-in-advertising regulations. Scale reserves the right to decline to create or run advertising content that we reasonably believe violates applicable laws or platform policies.

4. Client Responsibilities

Client agrees to: (a) provide accurate, complete, and timely information necessary for Scale to perform services; (b) obtain all necessary rights, licenses, and permissions for content, images, trademarks, and materials provided to Scale for use in advertising; (c) comply with all applicable laws governing their business and advertising practices; (d) maintain ownership of and be solely responsible for all advertising accounts, data, and budgets; and (e) promptly notify Scale of any changes to their business, products, or services that may affect advertising campaigns.

5. Advertising Performance Disclaimer

Scale applies industry best practices and uses data-driven strategies to maximize advertising performance. However, digital advertising results are inherently variable and depend on many factors outside our control, including market conditions, platform algorithm changes, competition, seasonality, and the Client's product or service quality. Scale does not guarantee specific results, revenue outcomes, return on ad spend (ROAS), leads, conversions, or any other performance metric. Past performance for other clients is not indicative of future results.

6. Fees & Payment

Service fees, payment schedules, and billing terms are specified in the applicable SOW or MSA. Advertising spend budgets are separate from management fees and are paid directly by the Client to the advertising platforms (or advanced by Scale and invoiced to Client as specified). Scale reserves the right to pause campaign management for accounts with overdue balances. All fees are non-refundable unless expressly stated otherwise in the applicable SOW or MSA.

7. Intellectual Property

Scale retains ownership of all proprietary methodologies, tools, frameworks, templates, and processes used in delivering services. Upon full payment, Client receives a license to use deliverables (such as ad creatives, copy, and reports) created specifically for the Client's campaigns. All content on the Scale website, including text, graphics, logos, case studies, and images, is the exclusive property of Scale Digital Agency and may not be reproduced, distributed, or used without prior written permission.

8. Confidentiality

Both parties agree to keep confidential any proprietary or non-public information disclosed in connection with the services, including business strategies, campaign data, pricing, and client lists. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Termination

Either party may terminate the services in accordance with the notice and termination provisions set forth in the applicable SOW or MSA. Upon termination, Client remains responsible for all fees accrued through the termination date. Scale will provide reasonable assistance in transitioning advertising accounts back to the Client. These Terms survive termination with respect to payment obligations, intellectual property, confidentiality, disclaimers, and limitation of liability.

10. Disclaimer of Warranties

The Scale website and all information provided therein are offered on an 'as is' and 'as available' basis. Scale makes no warranties, express or implied, regarding the accuracy, completeness, or fitness for a particular purpose of any content on the website. Scale does not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Scale Digital Agency's total aggregate liability arising out of or relating to these Terms or the services shall not exceed the total fees paid by Client to Scale in the three (3) months immediately preceding the claim. In no event shall Scale be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, or business opportunities, even if Scale has been advised of the possibility of such damages.

12. Indemnification

Client agrees to indemnify, defend, and hold harmless Scale Digital Agency, its officers, directors, employees, and agents from and against any claims, damages, penalties, fines, or expenses (including reasonable attorneys' fees) arising from: (a) Client's breach of these Terms; (b) Client's violation of applicable law; (c) infringement of any third-party intellectual property rights by materials provided by Client; or (d) Client's advertising content or business practices.

13. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any disputes arising under these Terms shall be submitted first to good-faith mediation. If mediation is unsuccessful, disputes shall be resolved by binding arbitration conducted in Miami-Dade County, Florida, in accordance with the American Arbitration Association Commercial Arbitration Rules. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction.

14. Changes to These Terms

We may update these Terms of Service at our discretion. We will indicate the revised date at the top of this page. Continued use of our website or services after any change constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

15. Contact Us

For questions about these Terms, please contact Scale Digital Agency, LLC at hello@wearescale.com or through our website at wearescale.com/get-started.