Terms of Use

Effective November 2, 2026

These Terms of Use ("Terms") govern your use of the websites, landing pages, application forms and booking tools operated by Scale Up Marketing ("we", "us", "our"), together the "Site". By using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Site.

1. Using the Site

You must be at least 18 years old and using the Site for business purposes. You agree to give accurate information.

You agree not to:

• misuse the Site,
• interfere with how it works,
• try to access it in ways we did not intend,
• copy or scrape it,
• use it for anything unlawful.

2. Applications and calls

Submitting an application or booking a call does not create a client relationship and does not obligate either party to anything.

We may accept or decline any application for any reason, including revenue, budget or fit. Any services we provide are governed only by a separate written agreement signed by both parties. If that agreement conflicts with these Terms, the agreement controls.

3. No guarantee of results

Case studies, figures and examples on the Site describe specific clients during specific periods. Some of those periods included major retail sales events. They are not typical and are not a promise of future results.

Your results depend on many factors outside our control, including:

• your audience,
• your content and products,
• your ad budget,
• platform algorithms and policies,
• market conditions,
• the terms of programs you take part in, such as the Amazon Associates Program.

Paid advertising involves risk, and you may spend more on advertising than you earn. Nothing on the Site is legal, tax or financial advice.

4. Third party content and creators

The Site may show information about third parties, such as creator names, profile photos, ad counts and ad screenshots taken from the public Meta Ad Library. We show this for market research and commentary. Those creators are not our clients, are not affiliated with us and have not endorsed us or our services. Their names, images and likenesses belong to them.

Third party information may be out of date. Ad counts are Meta's estimates and change daily. Creators who want their information removed can contact us and we will remove it promptly.

Links to third party sites are for convenience. We are not responsible for their content or practices.

5. Trademarks and affiliation

Scale Up Marketing is an independent agency. We are not affiliated with, endorsed by or sponsored by Amazon.com, Inc., Meta Platforms, Inc., Markable or any of their affiliates.

Amazon, Amazon Associates, Amazon Influencer Program and Creator Connections are trademarks of Amazon.com, Inc. or its affiliates. Facebook, Instagram and Meta are trademarks of Meta Platforms, Inc. All other marks belong to their owners.

6. Our content

The Site's design, text, graphics and other content created by us are owned by Scale Up Marketing and protected by intellectual property laws. You may view the Site for your own evaluation of our services. You may not copy, modify, distribute or create derivative works from it without our written permission.

7. Communications

If you give us your contact details, you agree that we may contact you by phone, text and email about your application and our services, as described in our Privacy Policy. Some messages may use automated technology.

Consent is not a condition of purchase. Reply STOP to stop texts at any time.

8. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON INFRINGEMENT. We do not warrant that the Site will be uninterrupted, error free or secure.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SCALE UP MARKETING AND ITS OWNERS, EMPLOYEES AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING FROM YOUR USE OF THE SITE.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). This section does not limit liability under a signed client agreement, which has its own terms.

10. Indemnity

You agree to defend, indemnify and hold harmless Scale Up Marketing from any claims, losses and expenses, including reasonable attorneys' fees, arising from:

• your misuse of the Site,
• your violation of these Terms,
• your violation of any law or third party right.

11. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict of law rules. Any dispute relating to the Site will be brought only in the state or federal courts located in Miami-Dade County, Florida, and you consent to their jurisdiction.

12. Changes and contact

We may update these Terms at any time by posting a new version with a new effective date. Your continued use of the Site means you accept the changes. If any part of these Terms is found unenforceable, the rest stays in effect.

Questions or removal requests: contact Scale Up Marketing through scaleupmarketing.io.