Terms of Service
These terms govern your use of the ScaleUp Media website and, if you hire us, the advertising and social media services we provide. ScaleUp Media is an owner-run business in Rolla, Missouri. If you have questions, email destinlukens@scaleupmediamo.com.
By using this website or hiring us, you agree to these terms. If you are accepting them for a business, you confirm that you have authority to do so.
Our services
We build and run advertising and social media for local businesses across major platforms, including Meta (Facebook and Instagram), Google, TikTok, YouTube, Nextdoor and LinkedIn. That work may include strategy, offer and ad creative, short-form video, account and profile setup, social media posting, local targeting, lead tracking and plain-English reporting, as described on our website and in any written agreement we sign with you. A free strategy call does not obligate either of us to start paid work.
If we work together, the written agreement will describe the specific work included. If that agreement and these terms conflict, the written agreement controls for that work.
No guarantee of results
We do not guarantee leads, sales, appointments, revenue or any other result. Advertising results depend on many things outside our control, including your offer, your budget, your follow-up and market conditions. Nobody can promise how many customers an ad will bring.
Your responsibilities
You are responsible for your ad accounts and social profiles, including keeping them in your name so you own them. You pay each platform’s ad spend directly to that platform (Meta, Google, TikTok, and any other platform we use for your campaigns) on your own card. You are also responsible for following each platform’s advertising and content policies and any other laws that apply to your business, your offers and your ads, including claims you make about your products or services.
You agree that the information you give us is accurate, that you have the right to let us use the names, logos, photos and other materials you provide, and that you will follow up on leads in a timely and lawful way.
Payment and cancellation
Our services are month-to-month. Fees for our work are agreed in writing before we start. These terms do not list prices. Ad spend is separate from our fee and is paid by you directly to each platform (Meta, Google, TikTok, and any other platform we use for your campaigns) on your own card. We do not mark up ad spend, take a cut of it, or charge a percentage of it.
Either you or ScaleUp Media may cancel with 30 days’ written notice. After the notice period ends, we will stop ongoing work. Amounts owed for work already performed before cancellation takes effect remain due. Ad spend already paid to a platform is between you and that platform.
Intellectual property
You own your name, logo, photos and other materials you give us, and you give us permission to use them to build and run your ads and profiles. We own our processes, templates and tools. You may use the ads, posts and copy we create for you in your own marketing. We will not use your confidential business information in our marketing. If we want to show your ads or posts as an example of our work, we will ask you first.
Limitation of liability
To the fullest extent allowed by the laws of the State of Missouri, ScaleUp Media is not liable for lost profits, lost business, or other indirect or consequential damages. Nothing in these terms limits liability for fraud, gross negligence, or anything else that Missouri law does not allow us to limit.
Indemnity
You agree to defend and cover ScaleUp Media for claims that arise from materials you provide, from your ads or offers, from your follow-up with leads, or from your failure to follow a platform’s policies, except to the extent a claim is caused by our own misconduct.
Governing law and venue
These terms are governed by the laws of the State of Missouri, without regard to conflict-of-law rules. Any dispute arising out of these terms or our services will be brought in the state or federal courts located in Phelps County, Missouri, and you and we consent to that venue.
Changes to these terms
We may update these terms from time to time. The updated version will be posted on this page with a new effective date. If you have an active agreement with us and a change would materially affect that agreement, we will notify you at the email we have on file.
This page is provided for general information and is not legal advice.