MarkaScaling Terms & Conditions

MarkaScaling

Last Updated: July 27, 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the website located at https://markascaling.com (the "Site") and any marketing, advertising, communication, or related services provided by MarkaScaling ("MarkaScaling," "we," "us," or "our").

By accessing the Site, submitting a form, requesting information, entering into a service agreement, or opting in to receive communications from us, you agree to be bound by these Terms. If you do not agree with these Terms, do not use the Site or our services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

MarkaScaling is a full-stack marketing agency. Our services may include, depending on the scope agreed with each client:

Paid advertising strategy, creative production, and campaign management

Marketing funnel design, build-out, and optimization

Lead generation and lead nurture systems

Email marketing campaigns and automation

SMS and text message marketing campaigns

Phone and voicemail outreach systems

CRM setup, configuration, and management

Marketing automation, workflow building, and reporting

The specific services provided to any client are defined in a separate written proposal, statement of work, or service agreement. Where that agreement conflicts with these Terms, the signed service agreement controls for that client relationship.

We reserve the right to modify, suspend, or discontinue any part of our services at any time.

3. Use of GoHighLevel and Communication Platforms

MarkaScaling uses GoHighLevel, a third-party customer relationship management ("CRM") and marketing automation platform, to manage customer records, communications, funnels, forms, appointment scheduling, and campaign delivery.

By providing your contact information to us, you understand and agree that:

Your contact information and communication history may be stored and processed within GoHighLevel and its supporting service providers.

Depending on the consent you provide, you may receive emails, phone calls, voicemail messages, and SMS text messages from MarkaScaling through this system.

Calls and voicemails may be placed using automated or assisted dialing technology, and may be recorded where permitted by law.

We will not send you marketing or informational SMS messages unless you have given prior express consent to receive them. Consent to receive SMS messages is never a condition of purchasing any product or service from us.

You may withdraw consent for any communication channel at any time using the methods described in these Terms.

Our handling of personal information is described in our Privacy Policy: https://markascaling.com/privacy-policy

4. SMS Messaging Terms

This section describes the terms of the MarkaScaling text messaging program.

4.1 Consent

You will only receive SMS messages from MarkaScaling if you have knowingly opted in — for example, by checking an SMS consent box on one of our forms, replying to a message with a confirmation keyword, or otherwise expressly agreeing to receive text messages from us. Consent to receive text messages is not a condition of any purchase.

4.2 Types of Messages You Will Receive

MarkaScaling sends text messages related to your relationship with our agency and the services you have requested. When you opt in, you can expect to receive messages such as: appointment and consultation scheduling, reminders, and confirmations; project and campaign updates; account and onboarding notifications; requests for information, assets, or approvals needed to move your work forward; ad creative reviews, feedback requests, and campaign planning discussions; responses to inquiries you have submitted to us; and occasional service updates or promotional offers from MarkaScaling.

4.3 Message Frequency

You will receive up to 4 automated messages per month, plus additional conversational messages sent directly by a member of our team as needed to coordinate your active projects, review ad creatives, and plan campaigns. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

4.4 Opting Out

You can cancel the SMS service at any time. Just text "STOP" to 484-343-8407. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

4.5 Help and Support

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].

4.6 Carrier Liability

Carriers are not liable for delayed or undelivered messages.

4.7 Message and Data Rates

As always, message and data rates may apply for any messages sent to you from us and to us from you.

4.8 Supported Carriers and Devices

Our messaging program is supported by major U.S. wireless carriers. Message delivery is subject to the effective transmission of your mobile carrier and is outside our control. Not all mobile devices or handsets may support the program.

4.9 Privacy

If you have any questions regarding privacy, please read our privacy policy: https://markascaling.com/privacy-policy

5. User Responsibilities

By using the Site or our services, you agree that:

You are at least 18 years of age and legally capable of entering into a binding agreement.

All information you provide to us, including your name, email address, phone number, and business details, is accurate, current, and complete.

You own or are the authorized user of any phone number and email address you submit to us.

You will notify us promptly if your phone number changes or is reassigned, so we do not send messages to an unintended recipient.

You will keep any account credentials we issue to you confidential and are responsible for all activity under your account.

You will supply the materials, approvals, access, and information reasonably necessary for us to perform the services in a timely manner.

Delays caused by a client's failure to provide required materials, approvals, or platform access do not excuse payment obligations and may extend project timelines.

6. Acceptable Use

You agree not to use the Site or our services to:

Violate any applicable federal, state, or local law or regulation, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and carrier and CTIA messaging guidelines.

Submit another person's contact information without their knowledge and permission.

Upload, transmit, or promote content that is unlawful, fraudulent, deceptive, defamatory, harassing, obscene, or infringing on the rights of others.

Send or facilitate unsolicited commercial messages through any system we build, manage, or provide access to.

Promote content in prohibited or restricted categories, including illegal substances, unlawful firearms sales, illegal gambling, hate speech, adult content, high-risk financial schemes, or any category prohibited by messaging carriers.

Attempt to gain unauthorized access to our systems, accounts, networks, or the accounts of other users.

Introduce malware, viruses, or any code intended to disrupt, damage, or interfere with our systems or those of our providers.

Scrape, harvest, reverse engineer, or copy any part of the Site or our systems except as expressly permitted.

Client marketing lists. If we send communications on your behalf using contact data you provide, you represent and warrant that every contact on that list has given valid consent to be contacted through the channel used, that you have maintained records of that consent, and that the list has been scrubbed of individuals who have opted out. You remain the party responsible for the lawfulness of your contact data. We may suspend campaigns immediately if we have reason to believe consent records are inadequate.

We may suspend or terminate access for any violation of this section without refund.

7. Payments and Billing

Fees. Fees for services are set out in the proposal, statement of work, or service agreement signed between MarkaScaling and the client. Fees may be structured as one-time project fees, recurring monthly retainers, performance-based compensation, or a combination.

Payment terms. Unless otherwise stated in writing, invoices are due upon receipt. Recurring retainer fees are billed in advance of each service period and are charged automatically to the payment method on file on the same day of each billing cycle.

Authorization. By providing a payment method, you authorize MarkaScaling to charge that method for all fees due under your service agreement, including recurring charges, until the agreement is terminated in accordance with these Terms.

Advertising spend. Advertising budgets paid to third-party platforms such as Meta, Google, TikTok, or LinkedIn are separate from our service fees. Unless expressly stated otherwise in writing, ad spend is the client's responsibility and is billed directly by those platforms.

Third-party software. Subscription costs for third-party tools, including GoHighLevel, messaging fees, phone number provisioning, and A2P 10DLC registration fees, are the client's responsibility unless expressly included in the service agreement.

Late payments. Accounts more than 7 days past due may have services paused, including campaign management, automation delivery, and support. We reserve the right to apply a late fee of 1.5% per month, or the maximum permitted by law, on overdue balances.

Refunds. Fees for services already performed are non-refundable. Marketing results are not guaranteed, and dissatisfaction with campaign performance does not entitle a client to a refund of fees for work delivered.

Chargebacks. Initiating a chargeback for services rendered is a breach of these Terms. We reserve the right to suspend services immediately and pursue collection of the disputed amount along with any related fees.

Price changes. We may adjust our rates with at least 30 days' written notice before the change takes effect on a recurring engagement.

8. Intellectual Property

Our property. The Site, our brand name, logo, written content, marketing frameworks, templates, automation structures, workflows, processes, training materials, and all related intellectual property are owned by MarkaScaling and protected by applicable intellectual property laws. Nothing in these Terms transfers ownership of our underlying methodologies, systems, or proprietary materials to any client.

Client deliverables. Upon full payment of all outstanding fees, the client receives ownership of the final custom creative deliverables produced specifically for that client, such as ad creative, campaign copy, and funnel content. This transfer does not include our underlying templates, frameworks, licensed stock assets, or third-party software.

Client materials. Clients retain ownership of all trademarks, logos, product information, testimonials, and other materials they provide to us. By providing those materials, the client grants MarkaScaling a limited license to use, reproduce, and adapt them for the purpose of performing the services.

Portfolio use. Unless a client requests otherwise in writing, MarkaScaling may reference the client's name, logo, and non-confidential campaign results in our portfolio, case studies, and marketing materials.

Restrictions. You may not copy, reproduce, republish, sell, or redistribute any part of the Site or our proprietary materials without our prior written permission.

9. Disclaimers

The Site and our services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

No guarantee of results. Marketing, advertising, and lead generation outcomes depend on many factors outside our control, including market conditions, competition, ad platform policies and algorithm changes, pricing, sales execution, and product-market fit. MarkaScaling does not guarantee any specific level of leads, appointments, revenue, return on ad spend, conversion rate, search ranking, or business result. Any figures, examples, or past results discussed are illustrative and are not a promise of your performance.

Third-party platforms. Our services depend on third-party platforms including GoHighLevel, advertising networks, email service providers, and telecommunications carriers. We do not control those platforms and are not responsible for their outages, policy changes, account suspensions, deliverability decisions, message filtering, pricing changes, or data practices.

No professional advice. Nothing on the Site or provided through our services constitutes legal, financial, tax, medical, or other professional advice. Clients are responsible for obtaining their own legal review of their marketing claims, disclosures, and compliance obligations.

10. Limitation of Liability

To the maximum extent permitted by law, MarkaScaling and its owners, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunities, lost data, or loss of goodwill, arising out of or related to your use of the Site or our services, whether based in contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for any and all claims arising out of or related to these Terms or our services will not exceed the total amount of fees actually paid by you to MarkaScaling in the three (3) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless MarkaScaling and its owners, employees, contractors, and affiliates from and against any claims, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

Your use of the Site or our services;

Your breach of these Terms or of any service agreement with us;

The content, products, services, offers, or claims you ask us to advertise or promote;

Contact data you provide to us, including any claim that a recipient did not consent to be contacted;

Your violation of any law or regulation, including the TCPA, CAN-SPAM, state telemarketing and consumer protection laws, and carrier or CTIA messaging requirements;

Your infringement of any third party's intellectual property, privacy, or other rights.

12. Termination

By you. You may stop using the Site at any time. Clients may terminate an ongoing engagement in accordance with the notice period stated in their service agreement. Unless stated otherwise, either party may terminate a recurring engagement with 30 days' written notice. Fees for the current billing period and for work already performed remain due.

By us. We may suspend or terminate your access to the Site or our services immediately, with or without notice, if you breach these Terms, fail to pay amounts owed, engage in conduct that exposes us or our platform providers to legal or compliance risk, or request work that violates advertising or messaging regulations.

Effect of termination. Upon termination, your right to use our services ends. We will provide a reasonable handover of client-owned assets and account access upon request, provided all outstanding balances are paid in full. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law survive termination.

Communications after termination. Terminating a service engagement does not automatically remove you from our email or SMS lists. To stop receiving text messages, reply STOP. To stop receiving emails, use the unsubscribe link in any email or contact us directly.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or our services will be resolved in the state or federal courts located in the Commonwealth of Pennsylvania, and you consent to the personal jurisdiction and venue of those courts.

Before filing any formal action, the parties agree to attempt in good faith to resolve the dispute through direct negotiation for a period of at least 30 days after written notice of the dispute.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, technology, or legal requirements. When we do, we will revise the "Last Updated" date at the top of this page. Material changes affecting active clients will be communicated by email.

Your continued use of the Site or our services after changes are posted constitutes acceptance of the revised Terms. We encourage you to review this page periodically.

15. General Provisions

Entire agreement. These Terms, together with our Privacy Policy and any signed service agreement, constitute the entire agreement between you and MarkaScaling regarding the subject matter here.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.

No waiver. Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Independent contractor. MarkaScaling operates as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

16. Contact Information

If you have questions about these Terms, our services, or our messaging program, contact us:

MarkaScaling

437 Brianna Cir, Pennsylvania

Email: [email protected]

Phone: 484-343-8407

Website: https://markascaling.com

Privacy Policy: https://markascaling.com/privacy-policy

Last Updated: July 27, 2026