Terms of Service

By accessing the website, requesting a quote, signing an order form, paying an invoice, completing onboarding or otherwise using the services, you agree to be bound by these Terms and by all policies referenced in them, including the Privacy Policy, the Acceptable Use Policy and the Refund and Cancellation Policy. If you do not agree, do not use the services.

To use the services, you must:

• have the legal capacity to enter into binding contracts,
• be at least 18 years old,
• operate a lawful business,
• provide accurate and complete information,
• have the authority to bind the company you represent, and
• comply with all applicable platform policies and laws.

The services are directed primarily to commercial and professional users, including agencies, media buyers, advertisers, performance-marketing teams, businesses and marketing professionals. These Terms do not waive any non-waivable rights you may have under applicable consumer-protection laws.

The services may include:

• advertising infrastructure,
• managed ad account access,
• agency advertising access,
• onboarding support,
• operational support,
• Meta Business Manager support,
• support related to official APIs and business messaging, and
• consulting and account-management services.

Specific deliverables, fees, access conditions, limits and service periods will be described in an order form, service agreement, invoice, proposal or checkout page.

Unless expressly stated in writing, our services do not transfer ownership of any platform account, asset, Business Manager or infrastructure. Our services may include:

• ownership of access provided by us,
• licensed or managed access during the service period,
• administrative permissions,
• temporary access,
• service-based access tied to the duration of the engagement.

You agree to comply at all times with applicable third-party platform rules, including:

• Meta Terms of Service and Commercial Terms,
• Advertising Standards,
• Community Standards,
• Developer policies,
• Messaging policies,
• Other platform-specific restrictions, and
• All applicable laws and regulations.

AD•SCALE does not control decisions made by Meta, Google, TikTok or other third-party platforms.

You are responsible for:

• providing accurate information,
• maintaining secure credentials and access controls,
• using lawful payment methods,
• maintaining all required licenses and registrations,
• obtaining and documenting consent from your end customers when required,
• using compliant creatives,
• making truthful claims in advertising,
• avoiding prohibited industries and content,
• reviewing campaigns and budgets,
• responding to compliance requests,
• promptly reporting unauthorized access or suspected misuse.

Prohibited uses are described in our Acceptable Use Policy. Violations may result in suspension or termination without refund.

As part of onboarding we may request:

• business documentation,
• company information,
• website information,
• advertising history,
• payment verification,
• identity or authority verification (only when required),
• additional compliance information.

Submitting onboarding information does not guarantee approval. We may decline to provide services in our reasonable discretion.

Activation times are estimates only unless expressly guaranteed in writing. The estimated activation period is [SERVICE ACTIVATION PERIOD].

The following terms apply to fees and payment:

• prices are disclosed before purchase,
• applicable taxes may be added,
• you authorize us, or our payment processor, to charge the payment method provided,
• recurring fees are charged at the frequency selected at purchase,
• invoiced amounts are due as stated on the invoice,
• late or failed payments may result in suspension or termination,
• payment processor terms apply,
• fees are charged in the currency disclosed at checkout,
• non-payment may result in termination of access without refund.

For services billed on a recurring basis, the price, billing frequency, renewal terms and cancellation method are disclosed before purchase. By subscribing, you authorize us to charge the applicable fees on each renewal until you cancel in accordance with the Cancellation section below. Pricing and renewal disclosures will reference the then-current [BILLING PERIOD] and amount.

To cancel a service, submit a cancellation request through [CANCELLATION METHOD]. Cancellations are subject to the notice period of [CANCELLATION NOTICE PERIOD]. Outstanding amounts remain payable. Upon effectiveness of the cancellation, access to the service will end on the date specified in our written confirmation. Data export, where offered, is described in your service agreement. No refund is provided unless expressly stated.

Refunds are governed by our Refund and Cancellation Policy.

We may suspend or terminate your access without notice in cases of:

• non-payment,
• suspected fraud,
• unauthorized use,
• policy violations,
• prohibited content,
• security risks,
• legal requirements,
• failure to provide requested verification,
• harm to the Company or third parties.

Where reasonable, we will provide notice and an opportunity to cure. We may act immediately to address urgent risks.

Our services rely in part on third-party platforms such as Meta. We do not control those platforms and we make no guarantee of:

• campaign or ad approval,
• spending limits,
• account continuity,
• freedom from restriction or review,
• campaign performance,
• uptime or platform availability,
• the timing or content of platform policy changes.

AD•SCALE does not guarantee advertising approval, account longevity, campaign performance, revenue, return on ad spend, spending limits, deliverability, API approval or uninterrupted access.

The website, brand, logos, copy, design, software, documentation and processes are owned by us or our licensors and are protected by intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for its intended purpose.

You retain rights to materials you provide. You grant us a limited license to host, copy, display and otherwise use such materials solely as necessary to provide the services and comply with law.

Each party agrees to protect the other party's non-public business information using a standard of care no less than reasonable care, and to use it only for the purpose of performing the agreement. Specific confidentiality terms may be set out in a separate agreement.

To the maximum extent permitted by law, the services and the website are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. Nothing in these Terms waives any warranty or right that cannot be waived under applicable law.

⚠️ Attorney review required: confirm acceptable warranty disclaimer language under [GOVERNING LAW STATE] law.

To the maximum extent permitted by law, in no event will the Company, its affiliates, officers, directors, employees, agents or licensors be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including lost profits, lost revenue, lost data, loss of goodwill, business interruption or cost of substitute services, arising out of or in connection with the services, even if advised of the possibility of such damages.

The Company's aggregate liability arising out of or relating to the services will not exceed the amount paid by the customer during the [NUMBER]-month period preceding the event giving rise to the claim.

⚠️ Attorney review required: confirm enforceability of liability cap under [GOVERNING LAW STATE] law and confirm carve-outs (e.g. gross negligence, willful misconduct, indemnification, IP infringement, confidentiality breach) if appropriate.

You agree to indemnify, defend and hold harmless the Company and its affiliates from and against any claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to:

• unlawful campaigns,
• your customer content,
• your violations of platform policies,
• third-party claims arising from your use of the services,
• misuse of the services,
• your failure to obtain required consent from end users,
• infringement of intellectual property or other rights.

⚠️ Attorney review required.

⚠️ Two options are provided below. Choose ONE with U.S. counsel and remove the other before publication.

Option A — Courts (default)

Any dispute, claim or controversy arising out of or relating to these Terms or the services will be brought exclusively in the state or federal courts located in [CITY, STATE], and the parties consent to personal jurisdiction and venue in those courts.

Option B — Binding individual arbitration

Any dispute will be resolved by binding individual arbitration administered by [ARBITRATION PROVIDER] in [CITY, STATE] in accordance with its rules. Class actions and class arbitration are waived. You may opt out of this arbitration provision within thirty (30) days of first acceptance by sending written notice to [LEGAL EMAIL]. Nothing in this section prevents either party from seeking injunctive relief in court for intellectual-property or confidentiality claims.

These Terms are governed by the laws of [GOVERNING LAW STATE], without regard to its conflict-of-law principles.

You consent to receive contractual notices, disclosures, agreements and other communications from us electronically, including by email or through our website. See our Electronic Communications and Marketing Notice for additional information.

We may update these Terms from time to time. Material changes will be communicated through the website or by direct communication where practicable. Changes will not retroactively alter obligations relating to services already paid for, except as required by law.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a corporate transaction.

These Terms, together with the policies referenced in them and any executed order form or agreement, constitute the entire agreement between you and us regarding the services and supersede prior or contemporaneous understandings.

For questions about these Terms, contact: