Terms of Service
Last updated: January 15, 2025
Welcome to Scale Titan. These Terms of Service ("Terms") govern your use of our website and digital marketing services. By accessing our website or using our services, you agree to be bound by these Terms. Please read them carefully.
Table of Contents
- 1. Acceptance of Terms
- 2. Description of Services
- 3. Eligibility and Account Registration
- 4. Service Agreements and Scope
- 5. Payment Terms and Billing
- 6. Client Responsibilities
- 7. Intellectual Property Rights
- 8. Confidentiality
- 9. Warranties and Disclaimers
- 10. Limitation of Liability
- 11. Termination
- 12. Dispute Resolution
- 13. General Provisions
- 14. Contact Information
1. Acceptance of Terms
By accessing or using Scale Titan's website, services, or any related applications, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
If you do not agree with any part of these terms, you may not access or use our services. These Terms constitute a legally binding agreement between you and Scale Titan.
Important: We may update these Terms from time to time. Continued use of our services after changes constitutes acceptance of the updated Terms.
2. Description of Services
Scale Titan provides digital marketing services specifically designed for service-based businesses, including but not limited to:
- Local SEO Services: Search engine optimization for local businesses
- Google Maps Ranking: Optimization for Google My Business and local search
- Pay-Per-Click (PPC) Advertising: Google Ads and Meta (Facebook/Instagram) advertising
- Web Design and Development: Custom website design and development
- CRM Setup and Management: Customer relationship management system implementation
- AI Automations: Automated marketing and business process solutions
- Fractional CFO Services: Financial consulting and advisory services
Our services are provided on a month-to-month basis unless otherwise specified in a separate service agreement. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.
3. Eligibility and Account Registration
Eligibility Requirements
To use our services, you must:
- Be at least 18 years of age
- Have the legal authority to enter into binding contracts
- Operate a legitimate business
- Provide accurate and complete information
- Comply with all applicable laws and regulations
Account Security
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 of your account.
Prohibited Users
We reserve the right to refuse service to:
- Businesses engaged in illegal activities
- Companies that violate advertising platform policies
- Organizations that promote harmful or offensive content
- Competitors attempting to access proprietary information
4. Service Agreements and Scope
Service Proposals and Agreements
Specific services will be outlined in individual service proposals or statements of work. These documents will detail:
- Scope of services to be provided
- Timeline and deliverables
- Pricing and payment terms
- Performance metrics and expectations
- Specific terms and conditions
Service Exclusivity
For certain services, particularly Google Maps ranking, we may offer service area exclusivity, meaning we will not work with direct competitors in your specific geographic market and service category during the term of our agreement.
Performance Expectations
While we strive to achieve the best possible results, marketing outcomes depend on various factors including market conditions, competition, and client cooperation. Specific guarantees, if any, will be outlined in individual service agreements.
5. Payment Terms and Billing
Payment Schedule
- Monthly Services: Billed monthly in advance
- Setup Fees: Due upon service commencement
- Project-Based Work: Payment schedule as outlined in service agreement
- Ad Spend: Separate from service fees, billed as incurred
Payment Methods
We accept payment via credit card, ACH transfer, and other approved payment methods. Automatic billing is required for ongoing monthly services.
Late Payments and Fees
- Payments are due within 30 days of invoice date
- Late fees of 1.5% per month may apply to overdue amounts
- Services may be suspended for accounts more than 30 days past due
- Collection costs and legal fees may be charged for severely delinquent accounts
Refunds and Cancellations
Refund policies vary by service type and will be specified in individual service agreements. Generally:
- Setup fees are non-refundable
- Monthly services can be cancelled with 30 days notice
- Partial month refunds are not typically provided
- Specific guarantee terms, if applicable, will be outlined separately
6. Client Responsibilities
Information and Access
Clients are responsible for providing:
- Accurate business information and credentials
- Access to necessary accounts and platforms
- Timely feedback and approvals
- Content, images, and other materials as needed
- Legal compliance for all business operations
Communication and Cooperation
- Respond to requests for information within reasonable timeframes
- Participate in scheduled meetings and calls
- Provide feedback on campaigns and strategies
- Notify us of any business changes that may affect services
Compliance Requirements
Clients must ensure their business:
- Complies with all applicable laws and regulations
- Maintains necessary licenses and permits
- Follows advertising platform policies
- Provides truthful and accurate information in all marketing materials
7. Intellectual Property Rights
Scale Titan Intellectual Property
Scale Titan retains all rights to our proprietary methods, processes, software, and intellectual property, including but not limited to:
- GeoRank™ system and methodologies
- Proprietary software and tools
- Marketing strategies and frameworks
- Training materials and documentation
Client-Provided Materials
Clients retain ownership of their business information, logos, and content provided to Scale Titan. By providing materials, clients grant Scale Titan a license to use them for the purpose of delivering services.
Work Product
Unless otherwise specified in a service agreement:
- Websites and custom development work become client property upon full payment
- Marketing campaigns and ad copy are licensed for client use
- Analytics and reporting remain Scale Titan property
- Strategic recommendations and methodologies remain Scale Titan property
8. Confidentiality
Mutual Confidentiality
Both parties agree to maintain the confidentiality of sensitive information shared during the course of our business relationship, including:
- Business strategies and financial information
- Customer data and proprietary processes
- Marketing strategies and campaign performance
- Any information marked as confidential
Exceptions
Confidentiality obligations do not apply to information that:
- Is publicly available
- Was known prior to disclosure
- Is required to be disclosed by law
- Is independently developed without use of confidential information
9. Warranties and Disclaimers
Service Warranties
Scale Titan warrants that:
- Services will be performed with professional skill and care
- We will comply with applicable laws and industry standards
- We have the right and authority to provide the services
Disclaimers
EXCEPT AS EXPRESSLY SET FORTH HEREIN, SCALE TITAN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Specific marketing results or return on investment
- Search engine ranking positions
- Website traffic or conversion rates
- Lead generation quantities or quality
- Compatibility with third-party platforms
Marketing results depend on numerous factors beyond our control, including market conditions, competition, client cooperation, and external platform changes.
10. Limitation of Liability
LIMITATION OF DAMAGES:
IN NO EVENT SHALL SCALE TITAN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, OR BUSINESS INTERRUPTION.
OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.
Exceptions
These limitations do not apply to liability arising from:
- Willful misconduct or gross negligence
- Breach of confidentiality obligations
- Intellectual property infringement
- Matters that cannot be limited by law
11. Termination
Termination by Client
- Monthly services can be cancelled with 30 days written notice
- Project-based work follows terms in specific agreements
- Client remains responsible for all charges incurred prior to termination
Termination by Scale Titan
We may terminate services immediately for:
- Non-payment of fees
- Breach of these Terms
- Illegal or unethical business practices
- Failure to cooperate or provide necessary information
Effect of Termination
Upon termination:
- All services will cease
- Access to accounts and platforms will be transferred or terminated
- Final invoices will be issued
- Confidentiality obligations continue
- Client data will be returned or destroyed as requested
12. Dispute Resolution
Informal Resolution
Before pursuing formal legal action, parties agree to attempt good faith resolution through direct communication and negotiation.
Binding Arbitration
Any disputes that cannot be resolved informally shall be settled through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.
13. General Provisions
Entire Agreement
These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between the parties.
Modifications
We may update these Terms from time to time. Material changes will be communicated via email or website notice. Continued use of services constitutes acceptance of updated Terms.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Force Majeure
Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, or technical failures.
Assignment
Clients may not assign these Terms without our written consent. Scale Titan may assign these Terms in connection with a merger, acquisition, or sale of assets.
14. Contact Information
If you have any questions about these Terms of Service, please contact us:
Scale Titan
Email: legal@scaletitan.com
Phone: (555) 123-4567
Address: 123 Business Ave, Suite 100, New York, NY 10001
We will respond to your inquiry within 5 business days.
Effective Date: These Terms of Service are effective as of January 15, 2025, and apply to all services provided by Scale Titan on or after this date.