These Terms of Service (“Terms”) govern your access to and use of the website and services provided by Obscale LLC (“Company,” “Obscale,” “we,” “our,” or “us”).
By accessing this website or engaging our services, you agree to be legally bound by these Terms.
Company Information
Obscale LLC
8206 Louisiana Blvd NE Ste A
Albuquerque, NM 87113-1738
United States
Email: office@obscale.io
2. Scope of Services
Obscale LLC provides marketing and growth services primarily to direct-to-consumer (DTC) brands, including but not limited to:
Performance marketing strategy
Paid media management
Creative strategy and testing
Conversion optimization
Growth consulting
Funnel and acquisition system development
Specific services are governed by separate written agreements, proposals, or Statements of Work.
3. No Guarantee of Results
Marketing performance is influenced by numerous factors outside our control, including market demand, product quality, competition, platform policies, and customer behavior.
Obscale LLC does not guarantee specific revenue, return on ad spend, profit margins, or business outcomes unless explicitly stated in a signed agreement.
Past performance does not guarantee future results.
Client Responsibilities
Clients agree to:
Provide accurate and timely information
Grant required access to advertising, analytics, and e-commerce platforms
Ensure their products and claims comply with all applicable laws
Approve campaigns and creatives promptly
Maintain sufficient advertising budgets
Obscale LLC is not responsible for legal compliance of the client’s products, claims, or business operations.
Fees and Payment
All fees are defined in signed agreements or invoices.
Unless otherwise agreed:
Fees are due according to invoice terms
Late payments may result in suspension of services
Payments are non-refundable
Advertising spend is separate from management fees and is paid directly to advertising platforms unless otherwise agreed.
Intellectual Property
Unless otherwise agreed in writing:
Clients retain ownership of their brand assets and trademarks.
Obscale retains ownership of proprietary frameworks, internal systems, and methodologies.
Custom deliverables transfer to the client upon full payment.
Obscale may reference non-confidential results for portfolio or case study purposes unless restricted by contract.
Confidentiality
Both parties agree to protect confidential information disclosed during the course of the business relationship.
Confidential information shall not be disclosed without written consent except as required by law.
8. Limitation of Liability & Third-Party Platforms
To the maximum extent permitted by law, Obscale LLC shall not be liable for any indirect, incidental, consequential, or special damages, including lost profits, lost revenue, business interruption, or data loss.
Our total liability for any claim shall not exceed the total fees paid to Obscale LLC in the three (3) months preceding the event giving rise to the claim.
Obscale works with third-party platforms such as Meta, Google, TikTok, Shopify, and other marketing tools. We are not responsible for platform outages, policy changes, account suspensions, algorithm updates, or performance fluctuations caused by external systems.
Clients remain subject to the terms and policies of those third-party providers.
Termination
Either party may terminate services in accordance with the applicable agreement.
Upon termination:
• All outstanding balances become immediately due
• Campaigns may be paused or discontinued
• Access to proprietary systems may be revoked
Termination does not relieve the client of payment obligations incurred prior to termination.
Website Use & Intellectual Property
All content on this website, including text, graphics, branding, and materials, is owned by or licensed to Obscale LLC.
Users may not copy, reproduce, distribute, or exploit any content without written permission.
Unauthorized use of the website or attempt to gain access to restricted systems is strictly prohibited.
11. Governing Law & Modifications
These Terms are governed by the laws of the State of New Mexico, United States.
Obscale LLC reserves the right to update or modify these Terms at any time. Continued use of the website or services constitutes acceptance of the revised Terms.
For legal inquiries:
Obscale LLC
8206 Louisiana Blvd NE Ste A
Albuquerque, NM 87113-1738
United States
Email: office@obscale.io