Terms of Service

1. Agreement to Terms

By accessing or using CapitalDue (the "Service"), you agree to be bound by these Terms of Service (the "Terms"). If you disagree with any part of these Terms, you may not access or use the Service.

2. Service Description

CapitalDue provides marketing due diligence and audit services, including channel and CAC analysis, measurement and compliance reviews, EBITDA impact assessments, and related reporting, workshops, and recommendations.

3. User Responsibilities

3.1 Accurate Information

You agree to provide accurate, current, and complete information and to update such information as needed.

3.2 Content and Assets

You are responsible for any data, content, or materials you provide. You warrant that you have all necessary rights and permissions to use such materials and that your use does not infringe third-party rights.

3.3 Compliance

You agree to comply with applicable laws and platform policies (e.g., analytics or advertising platforms). You are solely responsible for your campaign approvals and outcomes where applicable.

4. Payment Terms

If fees apply to certain engagements or features, you agree to pay all fees specified in your proposal, statement of work, or checkout. Fees are based on the Service purchased and not on actual usage.

Payment Schedule: as specified in individual agreements or pricing pages.

Late Payments: may incur interest at 1.5% per month or the maximum rate permitted by law.

Refunds: setup fees and completed work are generally non-refundable unless stated otherwise.

5. Intellectual Property

You retain rights to your pre-existing intellectual property. You grant Scalista a limited license to use your assets solely to operate and deliver the Service. Unless otherwise agreed in writing, work product generated by CapitalDue is yours upon completion and payment of any applicable fees, excluding Scalista's pre-existing IP, templates, and methodologies.

Scalista retains all rights to its pre-existing IP, including methodologies, processes, know-how, and technologies powering the Service.

6. Confidentiality

Both parties agree to keep confidential information received from the other party confidential and use it only as needed to provide or use the Service. This obligation survives termination.

7. Third-Party Platforms

The Service may integrate with or export to third-party platforms (e.g., analytics, ad platforms, data rooms). CapitalDue is not responsible for third-party policies, outages, or changes. You must comply with applicable third-party terms.

8. Data Protection & Privacy

CapitalDue complies with applicable data protection laws (e.g., GDPR/CCPA). For details on processing of personal data, see the Privacy Policy.

9. Performance Disclaimer

While CapitalDue is designed to deliver rigorous analysis, Scalista cannot guarantee specific business outcomes (e.g., rankings, traffic, CTR, ROI). Results depend on many factors beyond our control, including market conditions and platform changes.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCALISTA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL). OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID FOR THE SERVICE IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Scalista and its affiliates from any claims, damages, liabilities, and expenses arising out of your breach of these Terms, violation of law, or infringement of third-party rights.

12. Term and Termination

These Terms remain in effect until terminated. Either party may terminate by written notice per any applicable agreement. Scalista may terminate immediately for material breach. Upon termination, you must pay all outstanding fees, and provisions that by their nature should survive will survive termination.

Contact

Questions about these Terms? Contact us via the contact form or email office@scalista.com.