Terms of Service
This is a template provided for informational purposes only and is not legal advice. Have it reviewed by a qualified attorney before relying on it for your business.
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the Scalero website and the marketing services provided by Scalero ("Scalero," "we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, do not use the site or services.
2. Services
Scalero provides performance marketing services that may include paid advertising management, search engine optimization, website creation, creative production, and related consulting. The specific scope, deliverables, and timelines for any engagement will be defined in a separate proposal, statement of work, or order form ("Order"). In the event of a conflict, the Order controls over these Terms for that engagement.
3. Client Responsibilities
You agree to provide timely access to advertising accounts, analytics, brand assets, and any information reasonably required to perform the services. You are responsible for the accuracy and legality of materials you provide, for funding your own advertising accounts, and for ensuring your products, claims, and offers comply with applicable laws and platform policies.
4. Fees & Payment
Management fees are billed monthly in advance unless otherwise stated in your Order. Management fees are separate from, and do not include, the media/ad spend paid directly to advertising platforms. One-time fees (such as website creation) are billed as set out in the Order. Invoices are due on receipt unless otherwise agreed. Late or failed payments may result in suspension of services.
5. Term & Termination
Unless your Order states otherwise, engagements are month-to-month. Either party may terminate with written notice as specified in the Order (typically 30 days). Upon termination, you remain responsible for fees incurred through the effective termination date. Sections intended to survive termination — including intellectual property, confidentiality, and limitation of liability — will continue to apply.
6. Intellectual Property
Upon full payment, you own the final deliverables created specifically for you, such as ad creative and website content, except for any third-party or pre-existing materials and any Scalero tools, templates, processes, or know-how, which remain our property. You grant us a limited license to use your brand assets solely to perform the services.
7. Confidentiality
Each party agrees to keep the other's non-public information confidential and to use it only to perform or receive the services. This obligation does not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law.
8. Third-Party Platforms & No Guarantee of Results
Our services rely on third-party platforms (including Meta, Google, TikTok, and Snapchat) whose policies, algorithms, pricing, and availability are outside our control. While we apply proven methods and work diligently to improve performance, advertising results depend on many factors. Accordingly, we do not guarantee any specific result, ranking, revenue, return on ad spend, or other outcome. Any figures shown on our website are illustrative unless expressly stated otherwise in your Order.
9. Limitation of Liability
To the maximum extent permitted by law, Scalero will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues, arising out of or related to the services. Our total aggregate liability for any claim will not exceed the management fees you paid to us in the three (3) months preceding the event giving rise to the claim.
10. Indemnification
You agree to indemnify and hold harmless Scalero from any claims, damages, or expenses arising from your products or services, the materials or claims you provide, or your violation of applicable laws or platform policies.
11. Governing Law
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in Wyoming for any dispute not subject to arbitration.
12. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date above reflects the most recent revision. Your continued use of the website or services after changes take effect constitutes acceptance of the updated Terms.
13. Contact
Questions about these Terms? Reach us at:
Scalero · 30 N Gould St, Ste R, Sheridan, WY 82801, United States