Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the website, services, and materials provided by Scale Up Local ("Scale Up Local," "we," "us," or "our"). Scale Up Local is a marketing services provider based in the Netherlands. By accessing our website, creating an account, or purchasing any of our services, you ("you," "your," or "the Client") agree to be bound by these Terms. If you do not agree, do not use our website or services.

1. Acceptance of Terms

By using our website, requesting a proposal, subscribing to a plan, or otherwise engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you enter into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and "you" refers to that entity.

You must be at least 18 years old and capable of forming a binding contract to use our services.

2. Changes to These Terms

We may update or modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this document and, where appropriate, notify you by email or through your account. Your continued use of our website or services after changes take effect constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

3. Services and Materials

Scale Up Local provides digital marketing services to local businesses. These services may include, without limitation:

• Local SEO and "Near Me" search optimization
• Generative Engine Optimization (GEO) and AI search visibility
• Google Pay-Per-Click (PPC) advertising management
• Google Local Service Ads management
• Facebook and social media advertising
• Business listings management and optimization
• Automated review generation and reputation management
• 24/7 AI chat and voice assistants
• Tracking, analytics, and reporting
• Website design, development, and related services

The specific services, deliverables, fees, and terms applicable to you are set out in the plan, proposal, order form, or subscription you select ("Order"). If there is any conflict between an Order and these Terms, the Order controls for the subject matter it addresses.

All materials we provide or make available to you, including reports, dashboards, creative assets, copy, designs, software, and tools (collectively, "Materials"), are provided solely for your use in connection with the services and remain subject to these Terms and our intellectual property rights described in Section 13.

We may engage third-party platforms, tools, and subcontractors to deliver our services. We remain your point of contact and are responsible for the delivery of the services we agree to provide.

4. Accounts

To access certain services you may need to create an account or be given access to a dashboard or portal. You are responsible for:

• Providing accurate, current, and complete information;
• Keeping your login credentials confidential;
• All activity that occurs under your account; and
• Notifying us promptly at support@scaleuplocal.com of any unauthorized use or security breach.

We may suspend or terminate your account if we reasonably believe you have breached these Terms or if required to protect the security or integrity of our services.

5. Subscriptions, Renewal, and Term

Most of our services are provided on a recurring subscription basis. Unless your Order states otherwise:

• Your subscription begins on the start date set out in your Order and continues for the stated billing period (for example, monthly).
• Subscriptions automatically renew for successive periods of the same length until canceled in accordance with Section 8.
• We may change our fees, plans, or features for future billing periods. We will give you reasonable advance notice of any fee increase, and the new fee will apply from your next renewal.

6. Fees, Billing, and Taxes

Payment processing. Payments are processed by our third-party payment processor, Stripe. By providing payment details, you authorize us and Stripe to charge the applicable fees to your chosen payment method. Your payment card and billing information are handled by Stripe in accordance with its terms and privacy policy. We do not store full card numbers or card security codes.

Recurring charges. By subscribing, you authorize us to charge your payment method on a recurring basis for the subscription fees, plus any applicable setup fees, one-time charges, ad spend (where you have agreed we manage it), and taxes, until you cancel.

Setup fees. Certain services may carry a one-time setup or onboarding fee, as stated in your Order. Setup fees are earned when the setup work begins and are non-refundable except as required by law.

Ad spend. Where our services involve paid advertising, advertising budgets paid to platforms such as Google or Meta are separate from our service fees unless your Order states otherwise. You are responsible for the ad spend you authorize.

Taxes. All fees are exclusive of taxes unless stated otherwise. You are responsible for any applicable value-added tax (VAT), sales tax, or other taxes, duties, or levies imposed by any authority in connection with the services, except for taxes based on our net income. Where we are required to charge VAT or other taxes, they will be added to your invoice.

Late or failed payment. If a payment fails or is overdue, we may retry the charge, suspend or limit your services, and charge interest or reasonable costs of collection to the extent permitted by applicable law. Services may be reinstated once outstanding amounts are paid.

7. No Refunds and Chargebacks

No refunds. Except where a refund is required by applicable mandatory law, all fees are non-refundable. This includes subscription fees for the current billing period, setup fees, and fees for services already performed or in progress. Canceling a subscription stops future renewals but does not entitle you to a refund of amounts already paid.

Chargebacks. You agree to contact us at support@scaleuplocal.com to resolve any billing concern before initiating a chargeback or payment dispute with your bank or card issuer. Initiating a chargeback for a legitimate charge is a breach of these Terms. If you initiate a chargeback that we successfully dispute, or that relates to services we have provided in accordance with these Terms, you agree to reimburse us for the disputed amount together with any fees, costs, and reasonable expenses we incur in responding to it. We may suspend your services while a chargeback or payment dispute is pending.

8. Cancellation and Termination

Cancellation by you. You may cancel your subscription by contacting us at support@scaleuplocal.com. Unless your Order states otherwise, cancellation takes effect at the end of your current billing period, and you remain responsible for fees due up to that date. To avoid renewal, you must cancel before the next billing period begins.

Termination by us. We may suspend or terminate your services or account, with or without notice, if you breach these Terms, fail to pay, misuse the services, or engage in conduct that is unlawful or that may harm us, our other clients, or third parties.

Effect of termination. On termination, your right to use the services and Materials ends. Any fees accrued before termination remain payable. Provisions that by their nature should survive termination (including Sections 7, 11, 12, 13, 14, and 16) will survive.

9. Your Responsibilities

You agree to:

• Provide accurate information and the access, content, approvals, and cooperation we reasonably need to deliver the services (for example, access to your website, advertising accounts, business listings, or brand assets);
• Ensure that any content, materials, or instructions you provide do not infringe the rights of others or violate any law;
• Comply with the terms and policies of third-party platforms we use on your behalf (such as Google and Meta advertising policies); and
• Use the services and Materials only for lawful business purposes.

You are responsible for the accuracy and legality of the information you provide about your business, products, and services.

10. Electronic Communications

By using our services or providing your contact details, you consent to receive communications from us electronically, including by email, through your account, or through our chat and voice assistants. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. Service-related communications (such as billing notices and account updates) are part of the services and you may not be able to opt out of them while you hold an account.

11. Privacy

Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms. By using our services, you acknowledge that you have read the Privacy Policy. Where we process personal data on your behalf as part of delivering the services, the parties will comply with applicable data protection law, and a data processing agreement will apply where required.

12. Disclaimers and No Guarantee of Results

Services provided "as is." To the fullest extent permitted by applicable law, our website, services, and Materials are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

No guarantee of marketing outcomes. Digital marketing results depend on many factors outside our control, including search engine and advertising platform algorithms, competition, your market, your budget, your website and offering, and the actions of third parties. We do not warrant or guarantee any specific result, including any particular search ranking, "near me" or map placement, level of visibility, volume or quality of leads, calls, clicks, conversions, sales, revenue, or return on investment. Any examples, benchmarks, statistics, case studies, or forecasts we share are illustrative only and are not promises or guarantees of the results you will achieve.

Third-party platforms. We do not control and are not responsible for third-party platforms, networks, or services (such as search engines, advertising networks, or listing directories), including their availability, policies, algorithm changes, or decisions to approve, reject, suspend, or remove accounts, listings, or advertisements.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum extent permitted by applicable law.

13. Intellectual Property

Our rights. We and our licensors own all intellectual property rights in our website, services, software, tools, methods, templates, and any Materials we create, other than content you provide to us. Nothing in these Terms transfers ownership of our intellectual property to you.

License to you. Subject to your payment of applicable fees and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the deliverables we provide for your internal business purposes for the duration of your subscription, unless your Order states otherwise. You may not resell, sublicense, copy, or redistribute our Materials, tools, or software except as expressly permitted.

Your content. You retain ownership of the content, trademarks, and materials you provide to us ("Client Content"). You grant us a non-exclusive, worldwide, royalty-free license to use, host, reproduce, adapt, and display Client Content solely to provide and promote the services during the term. You represent that you have all rights necessary to grant this license.

Feedback. If you give us feedback or suggestions, we may use them without restriction or obligation to you.

14. Limitation of Liability

To the fullest extent permitted by applicable law:

• We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings, arising out of or related to these Terms, the services, or your use of or inability to use the services, even if we have been advised of the possibility of such damages.
• Our total aggregate liability arising out of or related to these Terms or the services, whether in contract, tort (including negligence), or otherwise, will not exceed the total fees you paid to us for the services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the liability.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable mandatory law, including liability for intent or willful misconduct. Where such liability cannot be limited, these limitations apply to the maximum extent permitted.

15. Indemnification

You agree to indemnify and hold harmless Scale Up Local and its owners, employees, and contractors from and against any claims, damages, losses, liabilities, and reasonable costs and expenses arising out of or related to (a) Client Content, (b) your breach of these Terms, (c) your violation of any law or third-party rights, or (d) your use of the services in a manner not permitted by these Terms, in each case to the extent permitted by applicable law.

16. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict-of-law principles.

The competent courts of the Netherlands have exclusive jurisdiction to settle any such dispute or claim, unless a mandatory rule of applicable law provides otherwise. Where you are a consumer, this does not deprive you of the protection of any mandatory provisions of the law of your country of residence.

17. Force Majeure

We are not liable for any failure or delay in performing our obligations where the failure or delay results from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, failures or changes of third-party platforms or providers, internet or telecommunications failures, cyberattacks, or governmental action.

18. General

• Entire agreement. These Terms, together with your Order and our Privacy Policy, form the entire agreement between you and us regarding the services and supersede any prior agreements on that subject.
• Severability. If any provision is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No third-party beneficiaries. These Terms do not create any rights for third parties.

19. Contact

If you have any questions about these Terms, please contact us at:

Scale Up Local
Email: support@scaleuplocal.com