Terms of Service

Last Updated: December 11, 2024

Welcome to KillScale. These Terms of Service ("Terms") govern your use of the KillScale website and services located at killscale.com and app.killscale.com (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using KillScale, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old to use KillScale. By using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

2. Description of Service

KillScale is a software-as-a-service (SaaS) platform that helps advertisers analyze and manage their Meta (Facebook) advertising campaigns. The Service provides:

• Performance analytics and verdicts for Meta Ads campaigns
• The ability to pause, resume, and adjust budgets for campaigns, ad sets, and ads
• Campaign creation tools
• Trends and reporting features
• CSV upload functionality for offline analysis

KillScale is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc. We are an independent third-party application that uses Meta's Marketing API.

3. Account Registration

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate and complete information
• Keep your account information up to date
• Maintain the security of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. KillScale is not liable for any loss or damage arising from your failure to protect your account.

4. Meta Account Connection

To use KillScale's Meta integration features, you must:

• Have a valid Meta (Facebook) Business account
• Have appropriate permissions for the ad accounts you connect
• Authorize KillScale to access your Meta Ads data
• Comply with Meta's Terms of Service and Advertising Policies

You understand that KillScale will access your Meta Ads data to provide the Service. You can revoke this access at any time through our Service or through Facebook's app settings.

5. Subscription and Payment

5.1 Pricing

KillScale offers various subscription tiers with different features and limits. Current pricing is available on our website. We reserve the right to change pricing with 30 days notice.

5.2 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Payment is processed through Stripe
• You authorize us to charge your payment method for all fees
• Failed payments may result in service suspension

5.3 Refunds

Subscription fees are generally non-refundable. However, if you are unsatisfied with the Service, contact us within 14 days of your initial subscription for a potential refund at our discretion.

5.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

• You will retain access until the end of your current billing period
• No partial refunds will be provided for unused time
• Your account will revert to the free tier

6. Acceptable Use

You agree not to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Attempt to gain unauthorized access to the Service or other accounts
• Interfere with or disrupt the Service or servers
• Use the Service for any fraudulent or malicious purpose
• Scrape, data mine, or extract data from the Service
• Resell or redistribute the Service without authorization
• Use automated systems to access the Service without permission
• Circumvent usage limits or restrictions

7. Intellectual Property

7.1 KillScale Ownership

KillScale and its original content, features, and functionality are owned by KillScale and are protected by copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain ownership of data you provide to KillScale. By using the Service, you grant us a limited license to use your data solely to provide and improve the Service.

8. Third-Party Services

The Service integrates with third-party services including:

• Meta Marketing API
• Stripe for payment processing
• Supabase for data storage

Your use of these services is subject to their respective terms and policies. KillScale is not responsible for the practices of third-party services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OF DATA
• UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that the Service will meet your specific requirements or expectations. Advertising decisions based on KillScale data are made at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KILLSCALE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use of or inability to use the Service
• Actions taken on your Meta Ads accounts based on KillScale data

Our total liability shall not exceed the amount you paid to KillScale in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless KillScale and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Actions taken on your advertising accounts

12. Termination

12.1 By You

You may terminate your account at any time by contacting us at support@killscale.com or through your account settings.

12.2 By KillScale

We may suspend or terminate your account at any time for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of fees
• Extended inactivity
• Any other reason at our sole discretion

12.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your data in accordance with our Privacy Policy
• Sections that by their nature should survive will remain in effect

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use after changes constitutes acceptance of the modified Terms.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in the United States.

15. Dispute Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us at support@killscale.com. We will attempt to resolve disputes within 30 days.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and KillScale regarding the Service.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

16.3 Waiver

Failure to enforce any right or provision of these Terms does not constitute a waiver.

16.4 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

17. Contact Information

For questions about these Terms, please contact us:

• Email: support@killscale.com