Terms of Service

1. Agreement

These Terms of Service govern your use of skalemedia.io and any services you purchase from Skale Media, including our Launch, Growth and Skale plans and any à la carte services (together, the "Services"). By using the site or purchasing Services you agree to these Terms. If you are purchasing on behalf of a business, you represent that you have authority to bind that business.

A signed proposal, order form or invoice ("Order") describes the specific Services, fees and timeline for your engagement. If an Order conflicts with these Terms, the Order controls for that engagement.

2. Services

Skale Media designs and builds websites, deploys and manages AI agents and automations (including chat, voice, inbox, lead follow-up and campaign tools), and provides Google search optimization and review management. Services are delivered on third-party platforms we select as best suited to your business, which may include HighLevel, WordPress, Shopify, Squarespace, Google and others.

Plans are all-inclusive as described on our Plans page at the time of purchase. Features, interaction caps and deliverables differ by tier. We may improve or substitute tools and platforms over time provided the overall scope of your plan is not materially reduced.

3. Fees and billing

Plans consist of a one-time setup fee and a recurring monthly fee. The setup fee is due before work begins. Monthly fees are billed in advance on the same day each month, starting on the day your plan goes live, and are charged automatically to the payment method on file.

AI usage beyond your plan's monthly interaction cap is billed in arrears at $0.05 per message and $0.25 per voice minute unless your Order states otherwise. The Skale plan has no cap. À la carte services are billed as stated in your Order. Third-party costs you choose to incur (paid advertising, premium plugins, domains, stock media) are passed through at cost.

Late payments may result in suspension of Services after 10 days' notice. Suspended sites and agents are restored when the account is current. Fees are exclusive of applicable taxes.

4. Term and cancellation

Plans are month to month after setup. You may cancel at any time by written notice; cancellation takes effect at the end of the current billing period and no further monthly fees are charged. Setup fees are non-refundable except as provided by the guarantee in Section 5.

We may terminate an engagement for non-payment, abuse of our team, or use of the Services in violation of law or of a platform's terms. In that case we will provide export of your assets as described in Section 7.

5. 90-day satisfaction guarantee

If, within 90 days of your plan going live, you are not satisfied with the Services, tell us in writing. We will refine your system at no additional charge until you are satisfied. If we cannot resolve your concern within a further 30 days, we will refund the setup fee and monthly fees you have paid for that plan.

The guarantee requires that you have provided the content, access and approvals we requested in a timely manner, and that the Services have been used substantially as designed. The guarantee does not cover third-party pass-through costs or AI usage overage.

6. Your responsibilities

You agree to provide accurate business information, timely feedback and approvals, and lawful content and assets. You are responsible for the legality of your offers, claims, pricing and industry-specific disclosures, and for reviewing AI agent scripts, knowledge bases and outbound messaging before and after launch.

You are responsible for obtaining any consents required to contact your customers and prospects by email, SMS or phone, including compliance with the TCPA, CAN-SPAM and applicable state laws. We configure consent capture and opt-out handling in the tools we deploy, but you remain the sender of record.

7. Ownership and licenses

Once fees are paid, you own the website design, copy, images and other deliverables created specifically for you, and all data about your customers and leads. We retain ownership of our pre-existing tools, templates, prompts, workflows, code libraries and know-how, and grant you a perpetual license to use them as embedded in your deliverables.

Third-party platforms and software remain subject to their own licenses. If you cancel, we will provide a reasonable export of your site, contacts and conversation history within 30 days. Continued hosting on a Skale-managed platform after cancellation requires a maintenance plan.

8. AI agents and automations

AI agents generate responses automatically and can be wrong. We train and test agents on your business, add guardrails, and review conversations on the cadence described in your plan, but we do not guarantee that every response will be accurate or appropriate. You should not rely on AI agents for legal, medical, financial or safety-critical advice to your customers without human review.

You agree to disclose the use of AI assistants to your customers where the law requires it, and to review escalation rules so that a human is available when an agent cannot help.

9. Search and results

We use recognized, guideline-compliant methods to improve your visibility on Google. Rankings, traffic and lead volume depend on many factors outside our control, including competition, algorithm changes and your own offer and reputation. Except for the guarantee in Section 5, we do not promise specific rankings or revenue outcomes. Case studies on our site describe past results for specific clients and are not a promise of future performance.

10. Confidentiality

Each party will keep the other's non-public business information confidential and use it only to perform under these Terms. We may describe your project in our portfolio and marketing, including screenshots and results, unless you ask us in writing not to.

11. Warranties and limitation of liability

We warrant that Services will be performed in a professional manner consistent with industry standards. Except as expressly stated, the Services are provided "as is" and we disclaim all other warranties, including implied warranties of merchantability and fitness for a particular purpose.

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, and our total liability arising from the Services in any 12-month period will not exceed the fees you paid us in that period. Nothing in these Terms limits liability for fraud, willful misconduct or amounts owed under Section 5.

12. Indemnity

You will defend and indemnify Skale Media against claims arising from your content, your products and services, your marketing claims, or your use of the Services in violation of law or these Terms. We will defend and indemnify you against claims that deliverables we created infringe a third party's intellectual property, provided you notify us promptly and let us control the defense.

13. Website use

You may not scrape, copy, reverse engineer or interfere with skalemedia.io, or use it to send unsolicited messages. Content on this site, including text, graphics and the Skale name and logo, is owned by SKM Digital, LLC and may not be reused without permission.

14. Governing law and disputes

These Terms are governed by the laws of the State of California. The parties will first attempt in good faith to resolve any dispute informally. Any dispute not resolved within 30 days will be brought in the state or federal courts located in San Diego County, California, and each party consents to that jurisdiction.

15. Changes

We may update these Terms from time to time. Material changes will be posted here with a new effective date and, for active clients, sent by email at least 30 days before taking effect. Continued use of the Services after the effective date constitutes acceptance.

Questions about these terms?

Reach us through the contact page or by mail at 8690 Aero Dr Ste 115 #4088, San Diego, CA 92123.