Terms of Service

1. Services Provided

Ember Scale provides cold email outreach automation services, including but not limited to: lead list building, email copywriting, email campaign setup, email warmup, and campaign management for real estate investor clients seeking to connect with deal sources such as real estate agents, property managers, attorneys, and other professionals.

The specific scope of services will be outlined in the invoice, proposal, or accompanying documentation provided to you.

2. Performance Guarantees and Limitations

Guarantees We May Offer: Ember Scale may offer performance guarantees related to meetings booked or sales calls scheduled, as specified in your invoice, proposal, or scope of work. Any such guarantees will be explicitly stated in writing and are subject to the terms outlined in that document.

What We Do Not Guarantee: Regardless of any other guarantees offered, you acknowledge and agree that we make no guarantees, representations, or warranties regarding:

• Number of leads or responses generated
• Response rates, open rates, or reply rates
• Revenue or profit generated
• Return on investment
• Any financial outcome resulting from our services

Financial outcomes from cold email outreach depend on numerous factors outside our control, including but not limited to: your market conditions, your ability to close deals, your reputation, your offer, pricing, and sales process. Past performance or case studies do not guarantee future results.

3. Client Responsibilities

You agree to:

• Provide accurate and truthful information about your business, services, and credentials
• Respond to leads and inquiries generated by our campaigns in a timely and professional manner
• Not use our services for any illegal, fraudulent, or deceptive purposes
• Comply with all applicable laws and regulations, including but not limited to real estate licensing requirements in your jurisdiction
• Not misrepresent your identity, credentials, or business in any communications
• Provide timely feedback and approvals when requested
• Maintain proper business licenses and insurance as required by your jurisdiction

4. Email Compliance

Our email campaigns are designed to comply with the CAN-SPAM Act and other applicable email regulations. You acknowledge that:

• All emails will include proper identification and opt-out mechanisms
• We will honor unsubscribe requests within the legally required timeframe
• You will not request that we send emails that violate CAN-SPAM or other applicable laws
• You are responsible for ensuring that your business practices comply with all applicable laws

You agree not to hold us liable for any claims arising from email recipients who allege spam or unwanted contact, provided we have followed standard industry practices and applicable laws.

5. Payment Terms

• Payment of an invoice constitutes acceptance of these Terms of Service
• All fees are non-refundable unless otherwise specified in writing
• Services will commence upon receipt of payment
• Any additional services outside the original scope will be quoted separately

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability to you for any claims arising from or related to these Terms or our services shall not exceed the total amount you paid to us in the twelve (12) months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of business, loss of data, loss of goodwill, or business interruption, regardless of whether we were advised of the possibility of such damages.
• We shall not be liable for any damages arising from: (a) your failure to follow up with leads; (b) your business practices or reputation; (c) market conditions; (d) actions of third parties, including email recipients; (e) technical issues with third-party platforms; or (f) any other factors outside our reasonable control.

7. Indemnification

You agree to indemnify, defend, and hold harmless Ember Scale, its owners, officers, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your business practices, including but not limited to your interactions with leads generated by our services
• Any misrepresentation or fraud committed by you
• Any claim by a third party related to communications sent on your behalf
• Your failure to maintain proper licenses, insurance, or regulatory compliance

8. Intellectual Property

• We retain all rights to our proprietary systems, processes, templates, and methodologies
• Custom email copy and campaign materials created for you may be used by you for your business purposes
• You may not resell, redistribute, or share our systems or processes with third parties

9. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our engagement. This includes but is not limited to: business strategies, lead lists, pricing information, and campaign performance data.

10. Case Studies and Testimonials

You agree that we may use your engagement with Ember Scale as a case study, portfolio example, or testimonial for marketing purposes. This includes:

• Describing the type of work performed and results achieved
• Using anonymized or aggregated data from your campaigns
• Referencing the industry or market segment you operate in

Anonymity Option: Upon written request, we will keep your identity anonymous in any case studies or marketing materials. Anonymous case studies will not include your name, company name, or any information that could reasonably identify you.

Testimonial Approval: If we wish to use a direct quote attributed to you or your company name in marketing materials, we will request your approval before publication.

11. Termination

• Either party may terminate the service relationship with written notice
• Upon termination, you remain responsible for payment of all services rendered up to the termination date
• We reserve the right to terminate services immediately if you violate these Terms or engage in conduct that could harm our reputation or business
• No refunds will be provided for services already rendered or campaigns already launched

12. Third-Party Services

Our services may utilize third-party platforms and tools (such as email sending platforms, data providers, and CRM systems). We are not responsible for the performance, availability, or policies of these third-party services. Any issues arising from third-party services are subject to those providers' own terms and policies.

13. Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved as follows:

• The parties shall first attempt to resolve the dispute through good-faith negotiation
• If negotiation fails, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association
• The arbitration shall take place in the Commonwealth of Virginia
• Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise
• You waive any right to participate in a class action lawsuit or class-wide arbitration

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.

15. Modifications

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a new "Last updated" date. Your continued use of our services after any modifications constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with any invoice, proposal, or scope of work document, constitute the entire agreement between you and Ember Scale regarding the subject matter herein and supersede all prior agreements, representations, and understandings.

18. Contact Information

For questions about these Terms of Service, please contact us at:

Ember Scale
Email: zeb@emberscale.com