Terms of Service

1. Acceptance of Terms

By engaging Adaptive Holdings LLC, doing business as SethScales ("Company," "we," "us"), for growth marketing services, the client ("Client," "you") agrees to be bound by these Terms of Service. If you do not agree to these terms, do not engage our services.

2. Description of Services

Company provides growth marketing services, which may include Meta advertising management, email marketing, SMS marketing, and conversion rate optimization (CRO), as further defined in an individual service agreement between Company and Client. These Terms of Service apply in addition to, and do not replace, any signed service agreement, which controls in the event of a conflict.

3. Client Responsibilities

Client agrees to:

• Provide timely access to necessary accounts, platforms, content, and assets required to perform the services
• Provide accurate business, product, and account information
• Fund and maintain any advertising budget separately from Company's fees
• Respond to Company's requests for approvals, feedback, or materials in a reasonably timely manner

Delays caused by Client's failure to meet these responsibilities may affect timelines and results, and do not relieve Client of payment obligations under the applicable service agreement.

4. Payment Terms & No Refunds

Fees, billing frequency, and payment terms are set out in Client's individual service agreement with Company. All payments made to Company constitute payment for services rendered — they are not a deposit, investment, product purchase, or guarantee of any kind. All payments are final and non-refundable under any circumstances, regardless of results achieved, dissatisfaction, or cancellation or termination of services. Late or missing payments may result in a pause or termination of services.

5. No Guaranteed Results

Company applies industry-standard best practices in delivering its services. Company does not guarantee any specific results, including but not limited to revenue, return on ad spend (ROAS), sales, growth, or other performance outcomes. Marketing and business performance depend on factors outside Company's control, including product quality, pricing, market conditions, competition, and third-party advertising platform policies and changes.

6. Intellectual Property & Ownership

Client retains full ownership of its brand, content, products, customer data, and business assets. Company retains ownership of its own proprietary processes, systems, templates, and methodologies used to deliver services, and grants Client no rights to these beyond the results of the work performed for Client.

7. Confidentiality

Both parties agree to keep confidential any non-public business, financial, or strategic information disclosed during the engagement, and not to disclose such information to third parties without the disclosing party's written consent, except as required by law.

8. Independent Contractor Relationship

Company is an independent contractor, not an employee, agent, partner, or joint venturer of Client. Nothing in these Terms creates an employment, partnership, or joint venture relationship. Company is solely responsible for its own taxes and business obligations.

9. Limitation of Liability

To the maximum extent permitted by law, Company's total liability arising out of or related to its services will not exceed the total fees paid by Client to Company in the three (3) months preceding the claim. Company is not liable for indirect, incidental, special, or consequential damages, including lost profits or lost revenue.

10. Term & Termination

Services continue on the basis set out in Client's individual service agreement. Either party may terminate services as described in that agreement. Termination does not waive any fees already owed for work or time periods completed prior to the termination date.

11. Dispute Resolution & Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles. Any disputes arising from these Terms or Client's engagement with Company will first be addressed through good-faith negotiation between the parties before pursuing formal action.

12. Changes to These Terms

Company may update these Terms of Service from time to time. Continued use of Company's services after changes are posted constitutes acceptance of the updated Terms.

13. Contact

Questions about these Terms of Service can be directed to:

Adaptive Holdings LLC / SethScales
Email: sethevanswork@gmail.com