Terms of Service

Effective date: July 10, 2026
Last updated: July 10, 2026

These Terms of Service ("Terms") govern access to and use of the ShiftScale Digital marketing agency services, the ShiftScale CRM platform, our website at shiftscaledigital.com, and related services (the "Services"), provided by ShiftScale Digital LLC ("ShiftScale," "we," "us"). By accessing or using the Services, or by clicking to accept, you ("you," "Customer") agree to these Terms.

If a separate written master services agreement or statement of work exists between you and ShiftScale, that agreement governs and controls over any conflict with these Terms.

1. The Services

ShiftScale provides marketing agency services (including website design, SEO, paid media, social media, email marketing) and software services (including the ShiftScale CRM platform and AI agents deployed on your behalf). We may update, add, or discontinue features from time to time.

2. Accounts and eligibility

You must provide accurate information, keep credentials confidential, and are responsible for all activity under your account. The Services are for business use by users 18 or older.

3. Customer data and authorizations

"Customer Data" means data you submit to, or authorize us to access through, the Services — including data from your connected business systems.

• You retain ownership of Customer Data. You grant us a non-exclusive, worldwide license to host, process, transmit, and display Customer Data solely to provide and improve the Services.
• You represent and warrant that you have all rights, notices, permissions, and consents necessary for us to process Customer Data — including consumer contact information and communications consents — and that your use of the Services complies with all applicable laws (including telemarketing, texting, email, privacy, and consumer-protection laws).
• When you connect a third-party system, you authorize us to access and exchange data with it on your behalf.

4. Acceptable use

You will not, and will not permit others to:

• Use the Services to send unlawful, harassing, deceptive, or unsolicited communications;
• Upload unlawful, infringing, or malicious content;
• Attempt to gain unauthorized access to the Services or other users' data;
• Reverse engineer, resell, or provide the Services to third parties except as expressly permitted;
• Interfere with or disrupt the integrity or performance of the Services; or
• Use the Services to build a competing product.

You are solely responsible for the content, targeting, timing, and legality of communications you send through the Services.

5. AI-assisted features

The Services include AI-assisted features. AI output can be inaccurate or incomplete; you are responsible for reviewing output before relying on or sending it. AI features assist — not replace — your judgment and compliance obligations.

6. Fees and payment

Fees are set out in your statement of work or subscription plan. Setup fees are billed at project kickoff. Monthly management fees are billed in advance. Usage-based charges (e.g., SMS, voice minutes, ad spend) are billed as incurred. Fees are non-refundable except as required by law. Late or failed payments may result in suspension. You are responsible for applicable taxes.

7. Third-party services

The Services interoperate with third-party systems (advertising platforms, CRM systems, communications providers). We are not responsible for third-party services, their availability, or their acts or omissions. Your use of them may be subject to their own terms.

8. Intellectual property

The Services, including all software, content, and trademarks (excluding Customer Data), are owned by ShiftScale or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services during your subscription. Deliverables produced for you (websites, ad creative, content) are yours upon full payment. Feedback you provide may be used by us without restriction.

9. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Services and use it only as needed to perform under these Terms.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHIFTSCALE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT MARKETING OUTCOMES WILL MATCH FORECASTS.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUES. SHIFTSCALE'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO SHIFTSCALE FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12. Indemnification

You will defend, indemnify, and hold harmless ShiftScale from claims arising out of Customer Data, your communications sent through the Services, your violation of these Terms, or your violation of applicable law or third-party rights.

13. Term, suspension, and termination

Subscriptions renew monthly unless canceled. Marketing service engagements run for the term specified in your statement of work. We may suspend or terminate access for material breach, non-payment, or where required by law. On termination, your right to use the Services ends; provisions that by their nature should survive will survive. Handling of Customer Data on termination is described in our Data Processing & Security page.

14. Changes to Services and Terms

We may modify these Terms; material changes will be posted with an updated date and, where appropriate, additional notice. Continued use after changes take effect constitutes acceptance.

15. Governing law and disputes

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Michigan, except that either party may seek injunctive relief in any court of competent jurisdiction.

16. Contact

ShiftScale Digital LLC · support@shiftscaledigital.com · (810) 788-7810 · Headquartered in Michigan, US

This page is provided for general informational purposes and does not constitute legal advice.