Terms of Service

Last updated September 4, 2026

These terms govern the services UpScale LLC ("UpScale", "we", "us") provides to you ("you", "the client"). By engaging us or paying an invoice, you agree to them. We have tried to write them in plain English.

1 · What we do

UpScale is a growth marketing service for business owners. Depending on what your business needs, an engagement may include any of the following:

• Paid advertising management (including Google Ads and Meta Ads)
• Search engine optimization, local search, and AI search visibility
• Website and landing page design, build, and maintenance
• Call tracking, lead capture, CRM setup, and attribution reporting
• A monthly performance report

The exact mix is agreed with you before work starts and can change month to month as your needs change. We are a service provider, not your employee, agent, or partner.

2 · Fees and billing

Our fee is $800 per month, flat. It is billed monthly in advance and is due when invoiced. We do not charge a percentage of your advertising spend, and our fee does not change based on how much you spend.

Advertising spend is separate and is not paid to us. You pay Google, Meta, and any other platform directly, on your own payment method, in your own accounts. We never hold, bill, or mark up your ad budget.

Fees are exclusive of any applicable taxes. If a payment fails or is more than ten (10) days late, we may pause work until the account is current.

3 · Term, cancellation, and refunds

Engagements are month to month. There is no long-term contract and no cancellation fee. You may cancel at any time by telling us in writing, including by email.

Cancellation takes effect at the end of the monthly period you have already paid for. We will keep working through that period and hand everything over at the end of it. Because the fee pays for work performed during the month, monthly fees already invoiced are non-refundable, except where we have failed to provide the service at all, in which case contact us and we will make it right.

Any advertising spend you have committed on a platform is between you and that platform; we cannot refund it. We may end an engagement ourselves with thirty (30) days' notice.

4 · What you own

Your accounts, your data, your domain, your content, and your reviews are yours — during the engagement and after it ends. That includes your advertising accounts, your website, your CRM records, and your tracking data. We will not hold any of it back, and we will help you transfer access when you ask.

We keep ownership of our own internal methods, templates, tooling, and anything we built before or outside of your engagement.

5 · What we need from you

• Access to the accounts and platforms required to do the work
• Accurate information about your business, offers, and pricing
• Timely responses and approvals where we ask for them
• Responsibility for the legality and accuracy of anything you ask us to publish

Delays in access or approvals will delay results, and we are not responsible for that portion of the delay.

6 · Results

We do not guarantee any specific result. We cannot promise a particular number of leads, calls, customers, rankings, revenue, or return on spend, and you should be skeptical of anyone in our industry who does. Marketing outcomes depend on your market, your pricing, your capacity, your sales process, and platform behavior we do not control.

What we do commit to is doing the work, measuring it honestly, and telling you plainly what the numbers say — including when they are bad.

7 · Third-party platforms

Our work depends on services we do not own, including Google, Meta, and other advertising, hosting, and analytics providers. Their policies, pricing, outages, algorithm changes, account reviews, and suspensions are outside our control, and we are not liable for them. You are responsible for complying with the terms of any platform used on your behalf.

8 · Confidentiality

Each of us may learn non-public information about the other. Both of us agree to keep it confidential and to use it only for the purpose of the engagement. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

9 · Limitation of liability

To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data. Our total liability for any claim is limited to the fees you paid us in the three (3) months before the claim arose. The services are provided "as is" without warranties beyond those stated here.

10 · Indemnification

You agree to indemnify and hold us harmless from claims arising out of content or claims you supply, products or services you sell, or your breach of these terms or of any platform's rules.

11 · Changes

We may update these terms. If we make a material change, we will let active clients know. Continuing to use the services after a change means you accept the updated terms.

12 · Governing law

These terms are governed by the laws of the State of Indiana, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts located in Indiana, and both parties consent to that jurisdiction.

13 · Contact

Questions about these terms: andrew@teamupscale.com
UpScale LLC · Indianapolis, Indiana