Welcome to [Your Company Name]! Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the [Your Website URL] website (the "Service") operated by [Your Company Name] ("us", "we", or "our").
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between Door Scale ("Company," "we," "us") and the entity or individual engaging our services ("Client," "you"). By signing a Proposal, paying an invoice, or using our services, you agree to be bound by these Terms.
2. Services Provided
Door Scale provides marketing, consulting, and lead generation services (collectively, the "Services").
Scope: The specific deliverables, campaign objectives, and service duration are outlined exclusively in your separate Service Agreement, Proposal, or Order Form.
Nature of Services: You acknowledge that we are an independent contractor providing professional services, not an employee or partner of your business.
3. Client Obligations
To perform the Services effectively, we require your active cooperation. You agree to:
Provide Access: Grant necessary access to your ad accounts, CRM, and booking platforms as required to track performance.
Timely Approvals: Provide feedback, approvals, and required assets (images, logos, information) in a timely manner. Delays caused by the Client do not pause the billing cycle or term of the agreement.
Legal Compliance: Ensure that all materials, claims, and offers you provide to us for use in advertising comply with all applicable local, state, and federal laws, including fair housing and short-term rental regulations.
Non-Solicitation: During the term of this Agreement and for a period of twelve (12) months thereafter, Client agrees not to directly or indirectly solicit, hire, or engage any employee or independent contractor of Door Scale who has provided services to the Client. In the event of a breach of this provision, Client agrees to pay Door Scale a placement fee equal to 50% of the employee’s or contractor's estimated annual compensation.
4. Payment Terms
Authorization: You authorize Door Scale to charge the payment method on file for all fees outlined in your Service Agreement.
Billing Cycle: Recurring fees are billed in advance on the date specified in your agreement. Performance fees (if applicable) are billed in arrears based on the metrics defined in your Proposal.
Third-Party Costs: All advertising media spend (e.g., payments to Meta, Google) is the sole responsibility of the Client and is paid directly to the ad platform. We do not fund your ad spend.
Expenses: Any agreed-upon travel or production expenses incurred on your behalf will be invoiced separately and are due upon receipt.
Refund Policy: Due to the nature of digital services and intellectual property, all fees paid are non-refundable.
5. Intellectual Property
Client IP: You retain ownership of your pre-existing brand assets, customer lists, and data.
Company IP: Door Scale retains all ownership rights to our proprietary methodologies, ad structures, funnel templates, and underlying marketing systems used to deliver the Services. You are granted a limited, non-exclusive license to use these assets solely for your business during the term of this agreement.
License to Use Client Assets: You hereby grant Door Scale a non-exclusive, royalty-free license to use, reproduce, modify, and display your company name, logo, trademarks, and provided media assets (photos/videos) solely for the purpose of creating and running your marketing campaigns. You represent that you own all rights to these assets and that their use will not infringe on the rights of any third party.
6. Disclaimers & Limitation of Liability
No Guarantees: While we utilize industry best practices, Door Scale does not guarantee specific results, including but not limited to: a specific number of leads, booked appointments, signed contracts, or revenue. Marketing performance is influenced by market conditions, seasonality, and factors outside our control.
Platform Policy: We are not liable for any account suspensions, restrictions, or bans imposed by third-party advertising platforms (e.g., Meta, Google).
Limitation of Liability: To the fullest extent permitted by law, Door Scale’s total liability for any claim arising out of these Terms shall be limited to the amount of fees actually paid by the Client to Door Scale during the three (3) months immediately preceding the event giving rise to the claim.
Force Majeure & Internet Frailties: Door Scale shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, government actions, cyber-attacks, widespread internet or telecommunications outages, or the suspension/failure of third-party advertising platforms (e.g., Meta, Google, LinkedIn). You acknowledge that we do not own these platforms and cannot control their operational status.
7. Limitation of Liability
Cancellation: Either party may terminate this agreement according to the notice period specified in your Service Agreement. If no notice period is specified, a 30-day written notice is required.
Effect of Termination: Upon termination, all outstanding fees become immediately due and payable.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Utah. Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Utah County, Utah.
9. Contact Us
If you have any questions about these Terms, please contact us at sam@door-scale.com.
