Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Scalista ("Company," "we," "us," or "our"), including our website, digital marketing services, and any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the Services.

2. Services Description

Scalista provides digital marketing services including but not limited to:

• Search Engine Optimization (SEO)
• Pay-Per-Click Advertising (PPC)
• Social Media Marketing
• Content Marketing
• Email Marketing
• Web Analytics and Reporting
• Conversion Rate Optimization
• Marketing Strategy Consultation

3. Client Responsibilities

3.1 Accurate Information

You agree to provide accurate, current, and complete information during the engagement process and to update such information to keep it accurate, current, and complete.

3.2 Content and Materials

You are responsible for providing necessary content, materials, and access required for us to perform the Services. You warrant that you have all necessary rights to such materials.

3.3 Compliance

You agree to comply with all applicable laws and regulations in connection with your use of the Services and your business operations.

4. Payment Terms

4.1 Fees

You agree to pay all fees specified in the service agreement or proposal. Fees are based on the Services purchased and not actual usage.

4.2 Payment Schedule

Payment terms are as specified in individual service agreements. Standard terms are net 30 days from invoice date unless otherwise agreed in writing.

4.3 Late Payments

Late payments may incur interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend Services for overdue accounts.

4.4 Refunds

Refund policies are specified in individual service agreements. Setup fees and completed work are generally non-refundable.

5. Intellectual Property Rights

5.1 Client Property

You retain all rights to your pre-existing intellectual property. You grant us a license to use such property solely for the purpose of providing the Services.

5.2 Work Product

Unless otherwise agreed in writing, all work product created by Scalista for you becomes your property upon full payment, except for our pre-existing intellectual property and methodologies.

5.3 Company Property

We retain all rights to our pre-existing intellectual property, including but not limited to methodologies, processes, know-how, and technologies.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information received from the other party during the course of the Services. This obligation survives termination of these Terms.

7. Performance Disclaimer

While we strive to achieve the best results for our clients, we cannot guarantee specific outcomes, including but not limited to:

• Search engine rankings
• Website traffic levels
• Conversion rates
• Return on investment (ROI)
• Social media engagement metrics

Digital marketing results depend on numerous factors outside our control, including market conditions, competition, and platform algorithm changes.

8. Third-Party Services

Our Services may involve the use of third-party platforms and services (e.g., Google Ads, Facebook Ads, analytics tools). You acknowledge that:

• We are not responsible for third-party platform policies or changes
• You must comply with third-party terms of service
• Third-party costs are separate from our service fees unless specified
• We are not liable for third-party platform outages or issues

9. Data Protection and Privacy

We comply with applicable data protection laws, including GDPR and CCPA. Our handling of personal data is governed by our Privacy Policy. You warrant that you have obtained all necessary consents for any personal data you provide to us.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SCALISTA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Services
• Any unauthorized access to or alteration of your data
• Any third-party actions or platforms
• Any other matter relating to the Services

Our total liability shall not exceed the amount paid by you for the Services in the six (6) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Scalista, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws
• Any content or materials you provide

12. Term and Termination

12.1 Term

These Terms remain in effect until terminated by either party in accordance with this section.

12.2 Termination

Either party may terminate Services with 30 days written notice, unless otherwise specified in a service agreement. We may terminate immediately for breach of these Terms.

12.3 Effect of Termination

Upon termination, you must pay all outstanding fees. Provisions that by their nature should survive termination shall survive.

13. Dispute Resolution

13.1 Informal Resolution

We prefer to address concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting us.

13.2 Arbitration

Any dispute not resolved informally shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

13.3 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or breach of confidentiality.

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

14.2 Entire Agreement

These Terms, together with any service agreements, constitute the entire agreement between you and Scalista regarding the Services.

14.3 Amendments

We reserve the right to modify these Terms at any time. Material changes will be notified to active clients. Continued use of Services after changes constitutes acceptance.

14.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

14.5 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

14.6 Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15. Contact Information

For questions about these Terms, please contact us at:

16. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.