Last updated: March 2026
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you," "your," or "Client"), and Aqua Scale LLC, a limited liability company organized under the laws of the United States ("Aqua Scale," "we," "us," or "our"). By accessing or using our website located at aquascale.com (the "Website") and any services, products, or consulting provided by Aqua Scale (collectively, the "Services"), you agree to be bound by these Terms.
By registering for, accessing, or using any portion of the Services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms or the Privacy Policy, you must not access or use the Services.
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
Aqua Scale provides digital marketing and client acquisition services specifically designed for pool construction companies. Our Services may include, but are not limited to:
The specific scope of Services to be provided shall be detailed in a separate Statement of Work ("SOW") or service agreement executed between the parties. In the event of any conflict between these Terms and a signed service agreement, the terms of the service agreement shall prevail.
To be eligible for our Services, you must:
Aqua Scale reserves the right to refuse Services to any individual or business at our sole discretion.
Some aspects of our Services may require you to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
5.1 Service Fees. You agree to pay Aqua Scale the fees specified in your service agreement or Statement of Work. Service fees are billed monthly in advance unless otherwise specified in writing.
5.2 Payment Terms. Unless otherwise agreed in writing, payment is due within 30 days of the invoice date. Late payments shall accrue interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
5.3 Fee Changes. Aqua Scale reserves the right to modify service fees upon 30 days' written notice prior to the next billing cycle. Fee changes will take effect at the start of the next billing cycle following the notice period.
5.4 Taxes. You are responsible for all applicable taxes, excluding taxes based on Aqua Scale's net income. Where required, we will add taxes to your invoices at the appropriate rate.
5.5 Payment Methods. We accept major credit cards, ACH transfers, and other payment methods as specified in your service agreement. By providing a payment method, you authorize us to charge all fees and charges to that payment method.
6.1 Guarantee Terms. Aqua Scale offers a Results-First Guarantee to qualifying clients. Subject to the conditions set forth herein, if we fail to generate $50,000 to $150,000 or more in new qualified project opportunities (defined as written estimates or signed contracts resulting from leads generated through our Services) within 60 to 90 days of the campaign launch date, you may be eligible for a full or partial refund of service fees as specified in your service agreement.
6.2 Eligibility Requirements. To be eligible for the Results Guarantee, you must:
6.3 Qualified Project Opportunity. A "Qualified Project Opportunity" means a lead that: (a) originates from a campaign managed by Aqua Scale; (b) meets your specified qualifying criteria as documented in your service agreement; (c) results in a written estimate of $15,000 or more; and (d) is documented through your CRM or other tracking system.
6.4 Guarantee Exclusions. The Results Guarantee does not apply if:
6.5 Guarantee Claims. To make a guarantee claim, you must submit a written request within 15 days of the guarantee period end date, including documentation of all Qualified Project Opportunities. Our team will review claims within 30 days and determine eligibility in our sole discretion.
You agree to:
Failure to meet these responsibilities may impact the effectiveness of our Services and may void certain guarantees or warranties.
8.1 Ad Budget. You acknowledge that the Services require a separate advertising budget for platforms such as Facebook, Instagram, Google, and others ("Ad Spend"). Ad Spend is not included in service fees and will be billed separately.
8.2 Minimum Ad Spend. Minimum monthly Ad Spend requirements will be specified in your service agreement based on your business goals, geographic market, and other factors.
8.3 Ad Spend Management. Aqua Scale will manage your Ad Spend in accordance with your agreed budget and campaign objectives. Ad Spend will be billed in arrears based on actual platform charges.
8.4 Platform Policies. You agree to comply with all terms of service, policies, and guidelines of the advertising platforms we utilize, including but not limited to Facebook/Meta, Google, and Microsoft.
8.5 Ad Account Access. You may be required to grant Aqua Scale access to your advertising accounts. You authorize us to create, modify, and manage ads, campaigns, and audiences on your behalf.
9.1 Our Intellectual Property. All content, designs, graphics, logos, trademarks, methodologies, processes, and materials created by Aqua Scale in connection with the Services ("Aqua Scale Materials") are and shall remain the exclusive property of Aqua Scale. You receive a limited, non-exclusive, non-transferable license to use Aqua Scale Materials solely for your internal business purposes during the term of your service agreement.
9.2 Client Materials. You retain all rights to your pre-existing trademarks, logos, content, and other intellectual property ("Client Materials"). You grant Aqua Scale a limited license to use Client Materials solely for the purpose of providing the Services.
9.3 Restrictions. You may not copy, modify, distribute, sell, or lease any part of the Services or Aqua Scale Materials without our prior written consent. You may not reverse engineer, decompile, or disassemble any software or technology used in connection with the Services.
9.4 Feedback. If you provide suggestions, ideas, or feedback regarding the Services ("Feedback"), you grant Aqua Scale a worldwide, perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without obligation to you.
10.1 Definition. "Confidential Information" means any non-public information disclosed by either party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information.
10.2 Obligations. Each party agrees to: (a) protect the confidentiality of the other party's Confidential Information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) not disclose such Confidential Information to any third party without prior written consent; and (c) use such Confidential Information only for purposes of performing under these Terms.
10.3 Exceptions. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach of these Terms; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully obtained from a third party without restriction.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AQUA SCALE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER OR NOT AQUA SCALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AQUA SCALE'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO AQUA SCALE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless Aqua Scale and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Aqua Scale reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Aqua Scale in asserting any available defenses.
13.1 Term. These Terms shall commence on the date you first access or use the Services and shall continue until terminated as provided herein.
13.2 Initial Period. The initial service period and any minimum commitments shall be specified in your service agreement. During the initial period, early termination may result in fees as specified in your agreement.
13.3 Termination for Convenience. After the initial period, either party may terminate Services with 30 days' written notice to the other party.
13.4 Termination for Cause. Either party may terminate these Terms immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure such breach within 30 days of notice; (b) becomes insolvent or files for bankruptcy; or (c) ceases to conduct business in the normal course.
13.5 Effect of Termination. Upon termination: (a) all outstanding fees shall become immediately due and payable; (b) each party shall return or destroy the other party's Confidential Information; (c) Aqua Scale shall provide reasonable transition assistance upon request at mutually agreed rates; and (d) all licenses granted hereunder shall terminate.
13.6 Survival. The following sections shall survive termination: 5 (Fees and Payment), 9 (Intellectual Property), 10 (Confidentiality), 11 (Limitation of Liability), 12 (Indemnification), 15 (Governing Law), 16 (Dispute Resolution), 17 (Severability), and 19 (Contact Information).
Aqua Scale reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We may also impose limits on certain features or restrict your access to parts of the Services without liability. We will make reasonable efforts to notify you of significant changes that may affect your campaigns.
These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona for the resolution of any disputes arising out of or relating to these Terms or the Services.
16.1 Negotiation. The parties agree to first attempt to resolve any dispute through good-faith negotiation.
16.2 Mediation. If negotiation fails, the parties agree to attempt mediation administered by a mutually agreed mediator before initiating arbitration or litigation.
16.3 Arbitration. Any dispute that cannot be resolved through negotiation or mediation may be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Maricopa County, Arizona.
16.4 Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
16.5 Injunctive Relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidentiality obligations.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
These Terms, together with any service agreements, Statements of Work, and the Privacy Policy, constitute the entire agreement between you and Aqua Scale regarding your use of the Services and supersede all prior agreements, understandings, and communications, whether oral or written. No amendment or modification of these Terms shall be valid unless made in writing and signed by both parties.
If you have any questions about these Terms of Service, please contact us:
Aqua Scale LLC
Email: [email protected]
Phone: (555) 123-4567
Address: 1234 Marketing Way, Suite 100
Phoenix, AZ 85001