Terms of Service

Acceptance of Terms

By accessing or using the Forever Scaling website located at foreverscaling.com (the "Site") and any services provided by Forever Scaling (collectively, the "Services"), you agree to be bound by these Terms of Service (the "Terms"). If you do not agree to these Terms, you may not access or use the Site or Services.

These Terms constitute a legally binding agreement between you and Forever Scaling. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

Description of Services

Forever Scaling is a marketing engineering agency providing digital marketing services including but not limited to search engine optimization (SEO), paid advertising, social media marketing, content marketing, lead generation, growth marketing, analytics, creative production, and AI growth operations.

The specific scope, deliverables, timeline, and fees for any engagement will be governed by a separate written agreement, statement of work, or proposal mutually agreed upon between you and Forever Scaling.

Use of the Website

You may use our website for lawful purposes only. You agree not to use the Site in any way that could damage, disable, overload, or impair the Site or interfere with any other party's use. You agree not to:

• Use the Site in violation of any applicable local, state, national, or international law.
• Attempt to gain unauthorized access to any portion of the Site, server, or network.
• Introduce viruses, malware, or any other malicious code to the Site.
• Scrape, copy, or harvest data from the Site without our express written permission.
• Use the Site to send unsolicited communications, advertising, or promotional material.
• Impersonate any person or entity or misrepresent your affiliation with a person or entity.

Intellectual Property

All content on this website, including text, graphics, logos, images, software, design elements, and the overall look and feel of the Site, is the property of Forever Scaling or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may view and use the Site for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from the Site without our prior written consent.

Upon full payment of all applicable fees, client-owned deliverables created specifically for a client engagement (such as ad creative, copy, and reports) will be transferred to the client as specified in the applicable service agreement. Forever Scaling retains the right to use such work in its portfolio and marketing materials unless otherwise agreed in writing.

Client Responsibilities

When engaging our services, you agree to provide accurate and timely information, materials, and access necessary for us to perform the agreed work. You are responsible for the accuracy of all content, data, and information you provide to us, and for ensuring you have the rights to use any assets you supply.

• Provide timely access to accounts, platforms, and systems as needed for service delivery.
• Deliver required materials, approvals, and feedback within agreed-upon timeframes.
• Ensure all content and assets you provide do not infringe on third-party rights.
• Maintain the security and confidentiality of your own accounts and credentials.
• Comply with all applicable laws and platform policies related to your marketing campaigns.

Third-Party Platforms and Services

Our services may involve the use of third-party platforms such as Google Ads, Meta Ads (Facebook and Instagram), Google Analytics, email service providers, and other marketing tools. You are responsible for complying with the terms of service and policies of these third-party platforms. Forever Scaling is not responsible for actions taken by third-party platforms, including account suspensions, policy changes, or service interruptions.

Marketing Results Disclaimer

Forever Scaling employs industry best practices, data-driven strategies, and experienced professionals to deliver marketing services. However, marketing results are influenced by many factors outside our control, including market conditions, competition, platform algorithm changes, product-market fit, and budget levels.

We do not guarantee specific outcomes, including but not limited to search engine rankings, click-through rates, conversion rates, lead volume, revenue, or return on ad spend. Any projections, estimates, or past performance examples provided are for illustrative purposes and do not constitute a guarantee of future results.

Fees and Payment

Fees for our services are as specified in the applicable service agreement, proposal, or statement of work. Unless otherwise agreed, invoices are due upon receipt or within the terms specified on the invoice. Late payments may result in suspension of services and may incur late payment charges.

Media spend on advertising platforms (Google Ads, Meta Ads, etc.) is separate from our management fees and is the responsibility of the client. Forever Scaling is not responsible for charges incurred on third-party advertising platforms.

Confidentiality

Both parties agree to keep confidential any non-public information shared during the course of an engagement, including business strategies, financial information, customer data, and proprietary methodologies. This obligation survives the termination of any service agreement. Forever Scaling will handle your confidential information with the same care it uses to protect its own.

Limitation of Liability

To the maximum extent permitted by law, Forever Scaling and its affiliates, officers, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, or loss of goodwill, arising out of or related to your use of the Site or Services.

Our total aggregate liability for any claim arising out of or related to the Site or Services shall not exceed the amount you have paid us for the specific service giving rise to the claim in the three (3) months preceding the event giving rise to the liability, or one hundred dollars ($100), whichever is greater.

Indemnification

You agree to indemnify and hold harmless Forever Scaling and its affiliates, officers, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site, your violation of these Terms, your violation of any third-party rights, or any content or materials you provide to us.

Termination

We may suspend or terminate your access to the Site at any time, without notice, for any reason, including if we believe you have violated these Terms. Termination of a service engagement is governed by the terms of the applicable service agreement. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, limitation of liability, and indemnification provisions.

Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law provisions. Any dispute arising out of or related to these Terms or your use of the Site or Services shall first be attempted to be resolved through good-faith negotiation.

If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in Columbus, Ohio, under the commercial arbitration rules of the American Arbitration Association. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees unless otherwise determined by the arbitrator.

Changes to These Terms

We reserve the right to modify these Terms at any time. We will post the updated Terms on this page and revise the "Last updated" date. Your continued use of the Site or Services after any changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court or arbitrator, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Contact Us

If you have questions or concerns about these Terms of Service, please contact us through our contact page at foreverscaling.com/contact or by email. We are committed to addressing your inquiries promptly.