Terms of Service

Effective Date: August 4, 2026

Whalescale Media Terms of Service

Welcome to Whalescale Media (“Whalescale Media,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our website, products, services, software, and communications.

By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.


1. Services

Whalescale Media provides digital marketing, lead generation, website development, automation, consulting, customer communication, and related business services.

We reserve the right to modify, suspend, or discontinue any service at any time without prior notice.


2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use our services.

By using our services, you represent that you meet these requirements.


3. User Responsibilities

You agree to:

  • Provide accurate and current information.

  • Use our services only for lawful purposes.

  • Not misuse, interfere with, or attempt to gain unauthorized access to our systems.

  • Comply with all applicable federal, state, and local laws and regulations.

You are responsible for maintaining the confidentiality of any account credentials associated with our services.


4. Payments

If applicable, fees for services will be communicated before work begins.

Unless otherwise agreed in writing:

  • Payments are due according to the agreed invoice terms.

  • Late payments may result in suspension or termination of services.

  • All fees are non-refundable unless otherwise required by law or specified in a separate written agreement.


5. Intellectual Property

All content, branding, software, graphics, text, logos, designs, and materials provided by Whalescale Media remain our property or the property of our licensors unless otherwise agreed in writing.

You may not reproduce, distribute, modify, or commercially exploit our materials without prior written permission.


6. Acceptable Use

You agree not to:

  • Violate any applicable law or regulation.

  • Transmit malicious software or harmful code.

  • Attempt to disrupt our systems or infrastructure.

  • Use our services for fraudulent, deceptive, abusive, or illegal activities.

  • Infringe upon the intellectual property or rights of others.

We reserve the right to suspend or terminate services for violations of these Terms.


7. SMS Communications

If you provide your mobile phone number and expressly opt in, you consent to receive SMS messages from Whalescale Media regarding customer care, account updates, appointments, project updates, service notifications, and other communications related to our services.

Message frequency varies.

Message and data rates may apply.

You may opt out at any time by replying:

STOP

For assistance, reply:

HELP

or contact us using the information provided below.

Consent to receive SMS messages is not a condition of purchasing any products or services.


8. Electronic Communications

By contacting us electronically, submitting forms, or using our website, you consent to receive communications from us electronically where permitted by law.


9. Privacy

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.


10. Disclaimer of Warranties

Our services are provided on an “AS IS” and “AS AVAILABLE” basis.

To the fullest extent permitted by law, Whalescale Media disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

We do not guarantee specific business, marketing, advertising, or financial results from the use of our services.


11. Limitation of Liability

To the fullest extent permitted by law, Whalescale Media shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to the use of our services.

Our total liability for any claim arising under these Terms shall not exceed the amount paid by you to Whalescale Media for the specific services giving rise to the claim during the twelve (12) months preceding the event.


12. Indemnification

You agree to indemnify, defend, and hold harmless Whalescale Media, its owners, employees, contractors, affiliates, and representatives from any claims, damages, liabilities, costs, and expenses arising from:

  • Your use of our services.

  • Your violation of these Terms.

  • Your violation of applicable laws.

  • Your infringement of any third-party rights.


13. Termination

We may suspend or terminate access to our services at any time, with or without notice, if we reasonably believe you have violated these Terms or applicable law.

Termination does not relieve either party of obligations incurred prior to termination.


14. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.

Any legal dispute arising under these Terms shall be brought in a court of competent jurisdiction located in Arizona.


15. Changes to These Terms

We reserve the right to modify these Terms at any time.

Updated versions will be posted on this page with a revised Effective Date.

Your continued use of our website or services after changes become effective constitutes acceptance of the updated Terms.


16. Contact Information

If you have any questions regarding these Terms of Service, please contact us:

Whalescale Media

Email: support@whalescale.io

Phone: (928) 821-8642