Terms of Service

01Acceptance of Terms

By visiting actionscalenow.com, using our AI website auditor, submitting a contact form, signing a Statement of Work, or paying an invoice, you ("you" or "Client") agree to these Terms of Service ("Terms"). If you do not agree, do not use the Services.

These Terms form a binding contract between you and ActionScale, owned and operated by Mark Savin, based in Scottsdale, Arizona ("ActionScale," "we," "us," "our").

02About Our Services

ActionScale provides marketing and growth services for service businesses, including but not limited to:

• Lead generation systems and paid advertising on Google Ads and Meta.
• Website design and conversion optimization.
• Local SEO and Google Business Profile management.
• CRM, automation, and tracking setup.
• AI-powered website audits and competitor reports.
• Strategic consulting and growth planning.

The exact scope of any engagement is defined in a separate Statement of Work, proposal, or order form ("SOW") that you sign or accept in writing or through our checkout flow.

03Eligibility & Accounts

You must be at least 18 years old and authorized to bind your business to these Terms. By engaging with us, you represent that you have that authority.

If we set up logins, dashboards, or shared tools for you, you're responsible for keeping your credentials secure and for everything that happens under your account.

04Engagement Terms (90 / 150 / 365-Day Agreements)

Our paid engagements are sold on fixed-term commitments — typically 90, 150, or 365 days, as specified in your SOW. Engagements are not month-to-month and do not auto-cancel before the end of the term.

• The term begins on the kickoff date stated in your SOW (or the day setup work begins, whichever is earlier).
• Monthly fees are billed in advance on the first day of each billing cycle.
• At the end of the term, the agreement may renew month-to-month or roll into a new fixed term, as agreed in writing.
• Either party can decline renewal with 14 days' notice before the end of the current term.

05Payment, Billing, & Late Fees

• Setup fees are due in full before work begins, unless otherwise agreed in the SOW.
• Recurring fees are billed monthly in advance via Stripe (or another processor we designate).
• Ad spend (Google Ads, Meta) is paid by you directly to the platform, or pre-funded to ActionScale and charged to the platform on your behalf — your choice, defined in the SOW.
• Invoices not paid within 7 days of the due date are considered late. We may pause campaigns, deliverables, or access until the balance is current.
• Late balances may accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower.
• If you charge back a payment without first contacting us in writing, you agree to reimburse us for the disputed amount plus any chargeback fees.

Refunds are governed by our Refund Policy.

06Deliverables & Performance

We deliver the specific scope defined in your SOW. Examples may include campaign launches, landing pages, reports, audits, or strategy calls. Timelines are estimates, not guarantees, and depend on you providing the inputs we need (access, content, approvals).

We commit to good-faith execution, regular reporting, and direct access to Mark for questions.

07Your Obligations as a Client

To get the best results, you agree to:

• Provide accurate information about your business, market, and goals.
• Grant the platform access we need (Google Ads, Meta, GBP, website, CRM, analytics) in a reasonable time frame.
• Approve creative, copy, and configurations within the timelines we agree on. Delays caused by your inaction may extend the term or reduce results.
• Comply with all applicable laws, advertising platform policies, and industry rules (TCPA, CAN-SPAM, FTC, HIPAA if applicable, professional licensing rules, etc.).
• Pay invoices on time.
• Keep your business information accurate (the address and hours we list on Google must match what you actually do).

08Intellectual Property

What's yours: upon full payment, you own the final website files, the ad copy and creative we produce specifically for your business, and the campaign data tied to your accounts.

What's ours: we retain all rights to our internal frameworks, audit methodology, software code (including our Cloudflare worker, AI prompts, dashboard tooling), templates, training materials, and anything we built before this engagement. You receive a non-exclusive license to use our deliverables only for your own business.

Trademarks: "ActionScale" and our logo are our marks. You agree not to use them except to truthfully reference our work for you.

Portfolio rights: we may display de-identified or named results, screenshots, and case studies from your engagement, unless you opt out in writing.

09Confidentiality

Each side agrees to keep the other's non-public information confidential — pricing, strategies, customer lists, internal processes, financials. Confidentiality survives termination of these Terms.

Exceptions: information that's already public, that you receive independently, or that we're required to disclose by law.

10Third-Party Platforms

Our work uses third-party platforms (Google Ads, Meta, Google Business Profile, Stripe, EmailJS, Cloudflare, Calendly, Anthropic, Apify, GoHighLevel, Twilio, etc.). We aren't responsible for outages, policy changes, account suspensions, or pricing changes those platforms make.

If a platform suspends or restricts your account for reasons outside our control (e.g., past violations on your account, disputed billing), we'll help you appeal but cannot guarantee reinstatement.

11AI Tools — No Professional Advice

Our website auditor and other AI features generate recommendations based on publicly available data and AI models. The output is informational and does not constitute legal, financial, accounting, medical, or other professional advice.

AI output may contain errors, hallucinations, or outdated information. You are responsible for reviewing and validating any recommendation before acting on it.

12Disclaimers — No Guarantees

The Services are provided "as is" and "as available." To the maximum extent permitted by law, ActionScale disclaims all warranties, express or implied — including merchantability, fitness for a particular purpose, accuracy, and non-infringement.

13Limitation of Liability

To the maximum extent permitted by law:

• ActionScale will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption — even if we were advised of the possibility.
• Our total cumulative liability arising out of or related to these Terms or the Services is capped at the amount you paid us in the three (3) months immediately before the event giving rise to the claim.
• Some jurisdictions don't allow these limitations. In those cases, the limitations apply to the fullest extent allowed.

14Indemnification

You agree to defend, indemnify, and hold harmless ActionScale, Mark Savin, and our contractors from any claims, losses, damages, or expenses (including reasonable attorneys' fees) arising from: (a) your breach of these Terms, (b) content, products, or services you sell, (c) your violation of any law or third-party right (including intellectual property rights), or (d) inaccurate information you provided to us.

15Termination

We may suspend or terminate the Services if you breach these Terms, fail to pay, charge back without contacting us, behave abusively toward our team, or use the Services for unlawful purposes.

You may terminate by declining renewal at the end of your fixed term, or earlier as defined in your SOW. Early termination by you does not relieve you of fees due for the remainder of the term unless the SOW says otherwise.

Sections that by their nature should survive termination (Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, Governing Law) survive.

16Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-law rules.

Informal resolution first. Before filing any legal action, you agree to contact us in writing at sdrmarksavin@gmail.com and give us 30 days to resolve the dispute in good faith.

Binding arbitration. If we can't resolve the dispute, it will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Maricopa County, Arizona, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

No class actions. Each party may bring claims only in their individual capacity, not as a class member.

Exception. Either party may bring an individual action in small-claims court or seek injunctive relief in court for intellectual property disputes.

17Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top tells you when. Material changes will be flagged at the top of the page or sent by email to active clients. Continued use of the Services after changes means you accept the updated Terms. If you don't accept, stop using the Services.

18Miscellaneous

• Entire agreement. These Terms, together with your SOW and our Privacy Policy, are the complete agreement between you and ActionScale.
• Assignment. You may not assign these Terms without our written consent. We may assign them as part of a sale or merger.
• Severability. If any provision is found unenforceable, the rest stay in effect.
• No waiver. Our failure to enforce a provision is not a waiver of that provision.
• Force majeure. Neither party is liable for delays caused by events outside reasonable control (natural disasters, internet outages, platform suspensions, government actions).
• Notice. Legal notices to ActionScale must be emailed to sdrmarksavin@gmail.com.

19Contact

ActionScale
Mark Savin, Founder
Scottsdale, Arizona, USA
Email: sdrmarksavin@gmail.com
Phone: 619-953-8055