Terms & Conditions
Last updated: 1 August 2026
These Terms & Conditions (the “Terms”) govern your use of the PopScale website (popscales.com) and any marketing, design, website, or related services you purchase from PopScale (“PopScale,” “we,” “us,” or “our”). By visiting our site, submitting an inquiry, or purchasing a plan, you agree to these Terms. Please read them carefully.
1. Who we are
PopScale LLC is a United States–based marketing agency serving local businesses. You can reach us at hello@popscales.com or (818) 429-3464. We are located in Seattle, WA and serve clients across the USA.
2. Eligibility
You must be at least 18 years old and able to form a legally binding contract to purchase our services. By purchasing, you represent that you are authorized to act on behalf of the business you are signing up, and that the information you provide is accurate and complete.
3. Services
PopScale offers monthly marketing plans (such as Launch, Grow, and Thrive), one-time and ongoing website services, and à-la-carte design services. The specific deliverables, quantities, and features included in your plan are described on our website and/or in the order or proposal you receive at signup. We may reasonably substitute deliverables of equal or greater value where a specific format or platform is unavailable.
- Ad spend is not included. Prices for marketing plans do not include advertising budgets paid to third-party platforms (e.g., Google, Meta, Yelp). You are responsible for funding ad spend directly or reimbursing us as agreed.
- Third-party platforms. Our services rely on third-party platforms and tools that have their own terms and policies. We are not responsible for changes, outages, account suspensions, or policy decisions made by those platforms.
- Turnaround times are estimates. We aim to respond to inquiries within one business day, but timelines depend on your cooperation, content, and approvals.
4. Fees, billing & taxes
- Monthly plans are billed in advance on a recurring basis (monthly) using the payment method you provide through our payment processor, Stripe. By subscribing, you authorize us and Stripe to charge the applicable recurring fee until you cancel.
- One-time services (such as a website build or a design order) are billed as described at checkout or in your proposal.
- Price changes. We may change our prices from time to time. For active subscriptions, we will provide reasonable advance notice, and changes take effect on your next billing cycle.
- Taxes. Fees are exclusive of any applicable sales, use, or similar taxes, which you are responsible for where required by law.
- Failed or late payments. If a payment fails, we may retry the charge, pause services, and/or suspend your account until payment is resolved.
5. No lock-in & cancellation
Our monthly plans have no lock-in contract — you may cancel at any time, effective at the end of your current billing period. To cancel, email hello@popscales.com before your next billing date. Unless required by law, fees already paid are non-refundable, and canceling does not entitle you to a refund for the remainder of the current billing period. One-time services are billed per order and are not part of a subscription.
6. Refunds
Because our services involve customized work and third-party costs, fees are generally non-refundable once work has begun. If you believe there has been a billing error or you are unhappy with our service, contact us at hello@popscales.com and we will work with you in good faith to make it right. Any refunds are provided at our discretion unless otherwise required by applicable law.
7. Your responsibilities
- Provide timely access, content, brand assets, approvals, and account credentials we reasonably need to perform the services.
- Ensure that any materials you provide (text, images, logos, offers, promotions) are accurate, lawful, and do not infringe the rights of others.
- Comply with all applicable laws and the terms of any third-party platform used in connection with your services, including advertising, email, and consumer-protection rules (e.g., FTC guidelines, CAN-SPAM, TCPA where applicable).
- Maintain your own backups of any data or accounts you own.
8. Client content & license to us
You retain ownership of the content and materials you provide to us (“Client Content”). You grant PopScale a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Client Content solely to perform the services. You represent that you have all rights necessary to grant this license.
9. Deliverables & intellectual property
Subject to full payment, final deliverables we create specifically for you (such as finished graphics, a completed website design, or published creative) are yours to use for your business. PopScale retains ownership of its own pre-existing materials, tools, templates, processes, and know-how, and may reuse general skills and techniques. Unless we agree otherwise in writing, PopScale may display non-confidential work in its portfolio and reference you as a client.
10. Website services & hosting
Website builds may include a one-time build fee and an optional ongoing maintenance plan billed monthly. Maintenance covers hosting, security updates, and small changes as described in your plan; it does not include unlimited redesigns, new features, or large content additions, which may be quoted separately. If you cancel maintenance, we may stop hosting and supporting the site, and you are responsible for arranging alternative hosting.
11. Acceptable use
You agree not to use our website or services to: (a) violate any law or third-party rights; (b) promote unlawful, deceptive, hateful, or harmful content; (c) transmit malware or interfere with our systems; or (d) reverse engineer, resell, or misrepresent our services. We may refuse or discontinue service for any business or content we reasonably consider unlawful, abusive, or inconsistent with our brand.
12. No guarantee of results
Marketing outcomes depend on many factors outside our control, including your market, pricing, offers, budget, and third-party platforms. While we work hard to drive real results, PopScale does not guarantee any specific level of leads, calls, bookings, rankings, sales, or revenue. Any examples, statistics, or sample results shown on our site are illustrative and not a promise of performance.
13. Confidentiality
Each party may receive non-public information from the other. Both parties agree to use such information only to perform under these Terms and to protect it with reasonable care, except where disclosure is required by law.
14. Disclaimers
The website and services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, PopScale disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site or services will be uninterrupted, error-free, or secure.
15. Limitation of liability
To the fullest extent permitted by law, PopScale and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to the services or these Terms. Our total aggregate liability for any claim will not exceed the amount you paid to PopScale for the services giving rise to the claim during the three (3) months immediately preceding the event. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
16. Indemnification
You agree to indemnify and hold harmless PopScale and its owners, employees, and contractors from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from Client Content you provide, your use of the services, or your violation of these Terms or applicable law.
17. Term & suspension
These Terms apply while you use our site or receive services. We may suspend or terminate services for non-payment, breach of these Terms, or unlawful or abusive activity. You may stop using the services at any time, subject to the cancellation and payment terms above.
18. Governing law & disputes
These Terms are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the services will be resolved exclusively in the state or federal courts located in King County, Washington, and you consent to their jurisdiction. Nothing in these Terms limits your rights under any mandatory consumer-protection laws that apply where you live.
19. Changes to these Terms
We may update these Terms from time to time. When we do, we will change the “Last updated” date above and post the revised version here. Your continued use of the site or services after an update means you accept the revised Terms.
20. Contact us
Questions about these Terms? Email hello@popscales.com or call (818) 429-3464. We are based in Seattle, WA and serve businesses across the USA.
These Terms are provided for general informational purposes and do not constitute legal advice. Consider consulting a licensed attorney to tailor them to your specific business.
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