Terms of Service

1. Who we are and what these terms cover

These Terms of Service ("Terms") govern your use of wildscalelabs.com and the services offered by Wildscale Labs LLC, a limited liability company organized in New Mexico, USA ("Wildscale Labs," "we," "us"). By using the website or engaging us, you agree to these Terms. If you do not agree, do not use the website or our services.

If you sign a separate written agreement or statement of work with us ("Services Agreement"), that agreement controls where it conflicts with these Terms.

2. Our services

We offer advertising management (including Amazon Ads management), digital marketing, AI services and automation, and consulting, and we plan to offer online courses. The scope, deliverables, timeline and fees for each project are set out in a proposal or Services Agreement that you accept in writing (email is enough). We perform our services remotely.

3. Independence from third-party platforms

Wildscale Labs is an independent company. We are not affiliated with, endorsed by or sponsored by Amazon.com, Inc. or its affiliates, or by any other advertising platform. Amazon, Amazon Ads and other names are trademarks of their respective owners and are used only to describe the services we provide. Your use of any third-party platform is governed by that platform's own terms and policies, and you remain responsible for complying with them.

4. Client responsibilities

You agree to: provide accurate and complete information; give us the access we need through the platform's own permission tools (not by sharing a password, where the platform offers another way); keep ownership of and responsibility for your accounts, listings, products, trademarks and content; make sure that your products, ads and claims comply with the law and with platform policies; and review and approve plans and spend in a timely way.

5. Fees, ad spend and payment

• Our fees are those stated in the proposal or Services Agreement. Unless it says otherwise, invoices are due within 14 days of the invoice date.
• Advertising spend is separate from our fees. Advertising spend is paid by you directly to the advertising platform, and we do not hold or handle your advertising budget.
• Taxes: fees are exclusive of taxes, duties and bank charges. You are responsible for any VAT, GST, withholding or similar taxes that apply in your country, unless the law or the invoice says otherwise.
• Fees paid are non-refundable except as the Services Agreement or applicable law provides.

6. No guarantee of results

Advertising results depend on many things outside our control, including platform rules and algorithms, competition, pricing, product quality, reviews, seasonality and your budget. We work with care and skill, but we do not promise or guarantee any specific result, such as sales, rankings, return on ad spend or profit.

7. Intellectual property

You keep ownership of everything you give us, such as your content, data, listings and brand. We keep ownership of our own tools, templates, methods, software, scripts, documentation and general know-how, including those we developed before or during the work, unless the Services Agreement says otherwise. When fees are paid, we give you a non-exclusive license to use the deliverables created specifically for you for your own business. You give us permission to use your materials and data only as needed to provide the services.

8. Confidentiality and data

Each party will keep the other's non-public business information confidential and use it only for the services. This does not apply to information that is public, already known, or required to be disclosed by law. Our handling of personal information is described in our Privacy Policy.

9. Online courses and digital products

Online courses and other digital products will be sold through a third-party merchant of record, which we will name here before any course goes on sale. For those purchases, the merchant of record is the seller, and its checkout terms (including price, taxes, payment, delivery and refund rules) apply together with these Terms. A course gives you a personal, non-transferable license to use the materials for your own learning and business. You may not copy, resell, share or publish course materials. Course content is general education and not legal, tax, financial or other professional advice.

10. Website use

You agree not to misuse the website: no attempts to break or overload it, to access it without permission, to copy or scrape it in bulk, or to use it for anything unlawful. The website content is owned by Wildscale Labs LLC or its licensors and is protected by intellectual property laws.

11. Disclaimer of warranties

Except as stated in a Services Agreement, the website and our services are provided "as is" and "as available." To the fullest extent the law allows, we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

12. Limitation of liability

To the fullest extent the law allows: (a) Wildscale Labs will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill; and (b) our total liability for any claim arising from the services is limited to the fees you paid us for the services giving rise to the claim in the 12 months before the claim. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud.

13. Indemnification

You will defend and indemnify Wildscale Labs against third-party claims, losses and reasonable expenses arising from your content, products, ads, or breach of these Terms or applicable law.

14. Term and termination

Either party may end a Services Agreement as stated in it. If it does not say, either party may end the services with 30 days written notice. You will pay for work done and approved costs up to the end date. We may suspend or end access to the website or services if you breach these Terms. Sections that by their nature should continue after termination (for example fees owed, intellectual property, confidentiality, disclaimers, liability and governing law) will continue.

15. Governing law and disputes

These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-laws rules. The parties will first try to resolve a dispute in good faith by email for 30 days; after that, the state or federal courts located in Bernalillo County, New Mexico have exclusive jurisdiction, unless a Services Agreement says otherwise. Nothing here limits any mandatory consumer-protection rights you may have under the law where you live.

16. International clients

We work with clients in many countries. You are responsible for complying with the laws that apply to you, including tax, advertising, consumer-protection and export or sanctions laws. We may refuse or end services where doing so is needed to comply with the law. The English version of these Terms controls over any translation.

17. Changes

We may update these Terms from time to time. The "Last updated" date shows the latest version. Changes do not apply to a Services Agreement already signed, unless both parties agree.

18. Contact

Wildscale Labs LLC, 1209 Mountain Road Pl NE #10197, Albuquerque, NM 87110, USA — hello@wildscalelabs.com