Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the KinetixScale website (kinetixscale.com) and any services provided by KinetixScale ("we," "our," or "us"). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

1. Services

KinetixScale provides digital marketing and web development services, including but not limited to:

• Social media management
• Performance marketing (Meta Ads, Google Ads)
• Web development (business websites, landing pages, WordPress builds)
• SEO and analytics
• Landing page design and conversion optimization
• Creative and content production

The specific scope, deliverables, timelines, and fees of any engagement will be defined in a separate written proposal, service agreement, or statement of work ("Service Agreement") agreed upon by both parties.

In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement will take precedence for that specific engagement.

2. Engagement and Client Responsibilities

To deliver our services effectively, we require the following from our clients:

• Timely access to relevant accounts, platforms, tools, and assets
• Timely review and approval of deliverables, content, and campaigns
• Accurate and complete information about the business, products, and services
• A designated point of contact for communication
• Compliance with all applicable laws and platform policies

Delays caused by missing assets, delayed approvals, or unresponsive communication may affect timelines. KinetixScale is not responsible for delays caused by client-side factors.

3. Fees and Payment Terms

3.1 Management Fees

Our management fees are outlined in the Service Agreement and are typically billed on a monthly or annual basis, depending on the plan selected. Unless otherwise stated:

• Monthly fees are due at the start of each billing cycle
• Annual fees are due upfront and provide a discount compared to monthly billing
• All fees are quoted and payable in US Dollars (USD)

3.2 Advertising Spend

Advertising budgets (ad spend) are separate from and not included in our management fees. Ad spend is paid directly by the client to the relevant advertising platforms (such as Meta, Google, or other providers).

KinetixScale does not handle, hold, or mark up ad spend unless explicitly agreed in writing.

3.3 Late Payments

Late payments may result in service suspension, delayed deliverables, or termination of the engagement. We reserve the right to charge interest or late fees on overdue amounts where permitted by law.

3.4 Refunds

Management fees are generally non-refundable once services have been delivered or work has commenced. Refund requests are evaluated on a case-by-case basis and may be considered for undelivered portions of the engagement.

4. Intellectual Property

4.1 Client Materials

The client retains ownership of all materials, brand assets, data, and content provided to KinetixScale ("Client Materials"). By providing Client Materials, the client grants KinetixScale a limited license to use them solely for the purpose of delivering the agreed services.

4.2 Deliverables

Upon full payment of all applicable fees, the client owns the final deliverables created specifically for them, including custom designs, website code, and creative assets produced under the engagement.

4.3 KinetixScale Tools and Frameworks

KinetixScale retains ownership of all pre-existing tools, templates, frameworks, code libraries, methodologies, and internal processes used to deliver services. Nothing in these Terms transfers ownership of these items to the client.

5. Confidentiality

Both parties agree to keep confidential any non-public business information shared during the engagement, including but not limited to business strategies, customer data, financial information, and account credentials.

This obligation continues after the end of the engagement. Confidentiality does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

6. Results Disclaimer

Digital marketing and advertising outcomes depend on many factors outside our control. While we apply industry best practices, we do not guarantee specific results, outcomes, or performance metrics. This includes — but is not limited to — traffic, leads, conversions, revenue, or return on ad spend.

Any estimates, projections, or illustrative examples discussed during consultations or in proposals are for informational purposes only and are not a promise of future performance.

7. Term and Termination

Engagements typically operate on a month-to-month basis unless a longer term is agreed in a Service Agreement. Either party may terminate the engagement by providing written notice, subject to the following:

• Notice period is typically 30 days, unless otherwise stated in the Service Agreement
• Fees for services delivered up to the termination date remain payable
• Annual plan terminations may be subject to the terms agreed at sign-up

KinetixScale reserves the right to terminate an engagement immediately if the client breaches these Terms, engages in unlawful activity, or requests services that violate our ethical standards or platform policies.

8. Limitation of Liability

To the fullest extent permitted by applicable law, KinetixScale's total liability arising out of or related to an engagement shall not exceed the total fees paid by the client to KinetixScale in the three (3) months immediately preceding the event giving rise to the claim.

KinetixScale shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.

9. Third-Party Platforms and Services

Our services involve third-party platforms such as Meta, Google, WordPress, hosting providers, and analytics tools. These platforms are governed by their own terms and policies, which we do not control.

KinetixScale is not responsible for:

• Platform policy changes, algorithm updates, or account restrictions
• Ad disapprovals, account suspensions, or delivery issues
• Downtime, outages, or data loss caused by third-party providers
• Changes in pricing or features of third-party services

10. Website Use

By accessing our website, you agree not to:

• Use the website for unlawful purposes
• Attempt to gain unauthorized access to any part of the website
• Interfere with the website's operation or security
• Copy, reproduce, or redistribute website content without permission
• Use automated systems to scrape or harvest content

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws applicable to the jurisdiction in which KinetixScale operates, without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms or our services shall first be addressed through good-faith negotiation. If a resolution cannot be reached informally, the dispute shall be resolved through binding arbitration or the competent courts of the applicable jurisdiction.

12. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will update the "Last updated" date at the top of this page.

Your continued use of the website or services after any changes are posted constitutes your acceptance of the revised Terms.

13. Contact Us

If you have any questions about these Terms, please reach out to us.