PrebuiltAds Terms of Service

Attorney Scaler LLC d/b/a PrebuiltAds 271 NE 211th Street, Miami, FL 33179 [email protected] · [email protected] · [email protected]

Effective Date: September 21, 2026 Last Updated: September 21, 2026

1. Agreement to These Terms

These Terms of Service ("Terms") are a binding contract between you ("you," "your," "Customer") and Attorney Scaler LLC, a Florida limited liability company doing business as PrebuiltAds ("PrebuiltAds," "we," "us," "our"). They govern your access to and use of our websites, software, dashboards, templates, automations, messaging tools, and any related services (collectively, the "Services").

By creating an account, clicking to accept, paying an invoice, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

You must be at least eighteen (18) years old and acting for business purposes. The Services are not offered to consumers for personal, family, or household use.

2. What PrebuiltAds Is, and What It Is Not

PrebuiltAds is a software product. We provide access to a library of advertising campaign templates, a customer relationship and pipeline system, automated messaging and follow-up tools, form and landing page builders, and related features that you operate yourself.

We are not your advertising agency, and we are not your marketer. We do not manage your campaigns, we do not make advertising decisions for you, we do not act as your agent, and we do not hold ourselves out as a licensed professional in your field or ours. You select your campaigns, you set your budgets, you choose your targeting, you write or approve your messaging, and you press launch.

You are the advertiser of record. All advertising you run through or with the assistance of the Services is your advertising, published in your name, from your advertising accounts, under your relationship with the relevant advertising platform.

We never handle your advertising budget. All amounts you spend on advertising are billed by and paid directly to the advertising platform (such as Meta or Google) using your own payment method on your own account. We do not receive, hold, mark up, or take a percentage of your advertising spend.

3. Your Account

You must provide accurate registration information and keep it current. You are responsible for all activity under your account, for maintaining the confidentiality of your credentials, and for any use of the Services by your employees, contractors, or anyone you grant access.

One subscription covers one business. You may not share, resell, sublicense, time-share, or provide access to your account to any third party, or use one subscription to service multiple unaffiliated businesses, unless we have agreed in writing.

Notify us immediately at [email protected] if you believe your account has been accessed without authorization.

4. Fees, Billing, Auto-Renewal, and Taxes

4.1 Subscription fees. You agree to pay the fees presented to you at signup, including any one-time setup fee and any recurring subscription fee. Fees are stated in U.S. dollars.

4.2 Auto-renewal. Your subscription renews automatically at the end of each billing period, at the then-current rate for your plan, until you cancel. You authorize us and our payment processors to charge your payment method on file for each renewal without further notice.

4.3 Usage-based charges. Certain features, including telephony, SMS and MMS messaging, email sending volume, and artificial intelligence features, incur usage-based costs that are separate from and additional to your subscription fee. These may require a prepaid balance. Usage charges are consumed as incurred and unused prepaid balances are not refundable and have no cash value.

4.4 Setup fees. Any setup fee is earned upon payment and compensates us for account provisioning, onboarding scheduling, and registration work commenced on your behalf. Setup fees are non-refundable once we have begun provisioning your account.

4.5 Annual prepayment. If you elect an annual plan, you prepay for twelve (12) months in exchange for a discount and any waiver of the setup fee. If you cancel an annual plan before the end of the term, you may request a refund of the unused whole months remaining in the term, calculated from the end of the month in which you cancel, less (a) the value of any setup fee that was waived and (b) the difference between the discounted annual rate and our standard monthly rate for the months you used. Any such refund is issued at our discretion, in our sole judgment, and is not available where we terminate your account for breach under Section 14.

4.6 Monthly plans. Fees for monthly plans are non-refundable, including for partial months and including where you did not use the Services during a paid period.

4.7 Price changes. We may change our fees. For monthly subscribers, we will provide at least thirty (30) days' notice by email or in-product notice before a price change takes effect, and the new price applies at your next renewal after that notice period. Your continued use after the effective date constitutes acceptance. Annual prepaid terms are not repriced mid-term.

4.8 Taxes. Fees do not include taxes. You are responsible for all sales, use, VAT, GST, and similar taxes, excluding taxes on our net income.

4.9 Late payment and failed charges. If a charge fails or a payment is late, we may retry the charge, suspend your account, disable your automations and messaging, and charge interest at the lesser of one and one-half percent (1.5%) per month or the maximum permitted by law, plus reasonable costs of collection.

4.10 Chargebacks. If you initiate a chargeback or payment dispute for a charge you owe under these Terms, you agree to pay our reasonable costs of responding, and we may suspend or terminate your account. You agree to contact us at [email protected] before disputing any charge.

5. Cancellation

You may cancel at any time from your account dashboard or by emailing [email protected]. Cancellation takes effect at the end of your current billing period. There is no contract, no minimum term, and no cancellation fee. Cancellation stops future renewals; except as expressly stated in Section 4.5, it does not entitle you to a refund of amounts already paid.

6. Your Data, and What Happens When You Leave

6.1 You own your data. You retain all right, title, and interest in the content, contact records, lead data, creative assets, and other materials you upload to or generate through the Services ("Customer Data"). We claim no ownership in Customer Data.

6.2 Your advertising accounts stay yours. Your advertising account, business page, pixel or tracking asset, audiences, and customer lists remain in your name and under your control at all times. We do not take ownership of them and we do not retain them when you leave.

6.3 Export window. For thirty (30) days after your subscription ends, you may log in for the limited purpose of exporting your Customer Data. Messaging, automations, campaign launching, and other active features may be disabled during this period.

6.4 Deletion. After the thirty (30) day export window, we will delete or irreversibly de-identify Customer Data within sixty (60) days, except where retention is required by law, needed to resolve a dispute, or contained in routine backups that expire on their own schedule. You are responsible for exporting anything you want to keep before the export window closes. We are not liable for Customer Data deleted in accordance with this Section.

6.5 Our license to operate. You grant us a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and process Customer Data solely as necessary to provide, secure, support, and improve the Services, and as described in our Privacy Policy. This license ends when the data is deleted under Section 6.4.

6.6 Aggregated and de-identified data. We may create and use aggregated or de-identified data derived from use of the Services, including for benchmarking, template performance analysis, and product improvement, provided such data does not identify you, your business, or any individual.

7. Our Intellectual Property and Your License

7.1 License grant. Subject to these Terms and your payment of all fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to use the campaign templates and creative assets we make available ("Templates"), solely to advertise your own business during your subscription term.

7.2 We own the platform. We and our licensors own all right, title, and interest in the Services, the Templates, the template library and its structure and compilation, our software, our documentation, our trademarks, and all improvements to any of them. Nothing in these Terms transfers ownership to you. The Services are licensed, not sold.

7.3 Restrictions. You will not, and will not permit anyone else to:

(a) copy, export, scrape, crawl, download in bulk, index, mirror, or otherwise extract the Templates or the template library, in whole or in substantial part, by any automated or manual means, other than launching individual campaigns for your own business in the ordinary course;

(b) resell, sublicense, rent, lease, distribute, publish, or make the Services or Templates available to any third party, or use them to provide advertising, marketing, or agency services to any third party;

(c) use the Services or Templates to build, train, benchmark, or improve any product or service that competes with the Services, or disclose them to any competitor;

(d) reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, or the structure of the Services, except to the extent this restriction is unenforceable under applicable law;

(e) remove, obscure, or alter any proprietary notice;

(f) circumvent, disable, or interfere with any security, rate limiting, usage metering, or access control feature;

(g) use the Services to develop a substantially similar template library or to compile a competing dataset of advertising creative; or

(h) access the Services other than through the interfaces we provide.

7.4 Retained rights on termination. Campaigns you have already launched into your own advertising account remain in your account. Your license to launch new campaigns from the Templates, and to use the Templates going forward, ends when your subscription ends.

7.5 Feedback. If you give us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or compensation.

8. Your Advertising Obligations

You are solely responsible for all advertising you run. You represent, warrant, and covenant that:

(a) you will comply with all applicable laws, regulations, and rules governing your advertising and your industry, including consumer protection law, advertising substantiation requirements, and any professional, licensing, or regulatory body rules that apply to you;

(b) every claim you make in an advertisement is truthful, not misleading, and substantiated at the time it is made, and you will retain your substantiation;

(c) you will comply with the then-current advertising policies, community standards, and terms of every advertising platform you use, including Meta and Google;

(d) you will review and, where necessary, modify any Template before launching it, and you will not rely on us PrebuiltAds Terms of Service

Attorney Scaler LLC d/b/a PrebuiltAds 271 NE 211th Street, Miami, FL 33179 [email protected] · [email protected] · [email protected]

Effective Date: September 21, 2026 Last Updated: September 22, 2026

1. Agreement to These Terms

By creating an account, clicking to accept, paying an invoice, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

You must be at least eighteen (18) years old and acting for business purposes. The Services are not offered to consumers for personal, family, or household use.

2. What PrebuiltAds Is, and What It Is Not

3. Your Account

Notify us immediately at [email protected] if you believe your account has been accessed without authorization.

4. Fees, Billing, Auto-Renewal, and Taxes

4.1 Subscription fees. You agree to pay the fees presented to you at signup, including any one-time setup fee and any recurring subscription fee. Fees are stated in U.S. dollars.

4.6 Monthly plans. Fees for monthly plans are non-refundable, including for partial months and including where you did not use the Services during a paid period.

4.8 Taxes. Fees do not include taxes. You are responsible for all sales, use, VAT, GST, and similar taxes, excluding taxes on our net income.

5. Cancellation

6. Your Data, and What Happens When You Leave

7. Our Intellectual Property and Your License

7.3 Restrictions. You will not, and will not permit anyone else to:

(c) use the Services or Templates to build, train, benchmark, or improve any product or service that competes with the Services, or disclose them to any competitor;

(e) remove, obscure, or alter any proprietary notice;

(f) circumvent, disable, or interfere with any security, rate limiting, usage metering, or access control feature;

(g) use the Services to develop a substantially similar template library or to compile a competing dataset of advertising creative; or

(h) access the Services other than through the interfaces we provide.

7.5 Feedback. If you give us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or compensation.

8. Your Advertising Obligations

You are solely responsible for all advertising you run. You represent, warrant, and covenant that:

(b) every claim you make in an advertisement is truthful, not misleading, and substantiated at the time it is made, and you will retain your substantiation;

(c) you will comply with the then-current advertising policies, community standards, and terms of every advertising platform you use, including Meta and Google;

(d) you will review and, where necessary, modify any Template before launching it, and you will not rely on us to determine whether a Template is lawful, compliant, approvable, or appropriate for your business, your jurisdiction, or your profession;

(e) you hold all rights, licenses, and consents necessary for any image, video, audio, logo, name, likeness, testimonial, or other content you use; and

(f) you will not use the Services for any prohibited use described in Section 10.

We do not review, approve, pre-clear, or provide legal, regulatory, or compliance advice on your advertising, and any comment we do make is not a legal opinion and does not shift responsibility to us.

9. Messaging, Telephony, and Consent (TCPA and Related Laws)

This Section is fundamental to these Terms. Read it carefully.

9.1 You are the sender. For all purposes, including the Telephone Consumer Protection Act (47 U.S.C. § 227) and its implementing regulations, state telemarketing and automated-messaging statutes, the CAN-SPAM Act, and Canada's Anti-Spam Legislation, you are the sender, initiator, and maker of every call, text message, and email transmitted using the Services, and we act solely as a passive technology provider at your direction. You determine who is contacted, what is said, and when. We do not select recipients, originate content, or initiate transmissions on our own behalf.

9.2 Consent representations and warranties. You represent, warrant, and covenant, on a continuing basis, that:

(a) you have obtained and will maintain prior express written consent, as that term is defined under applicable law, from each recipient before sending any marketing, promotional, or telemarketing call or text message using the Services;

(b) for any non-marketing or informational message, you have a lawful basis and any consent required by applicable law;

(c) you maintain accurate, auditable records of consent for each recipient, including the language presented, the timestamp, and the source, and you will produce those records to us within five (5) business days of our request;

(d) you will scrub your contact lists against the National Do Not Call Registry and all applicable state do-not-call lists to the extent required by law, and you will honor all internal do-not-call and opt-out requests immediately;

(e) you will honor every opt-out request, including STOP, UNSUBSCRIBE, QUIT, CANCEL, END, and any substantively similar request in any form, within the time required by law and in no event later than ten (10) business days;

(f) you will include all legally required identification and opt-out disclosures in your messages;

(g) you will observe all applicable calling and texting time-of-day restrictions in the recipient's time zone;

(h) you will not use the Services to send messages to any number you obtained from a purchased, rented, scraped, harvested, or third-party list unless you have independently verified valid prior express written consent for that specific recipient naming you as the sender;

(i) you will not send messages regarding any content category prohibited by carrier or platform rules; and

(j) you will not use the Services in any manner that would cause us to violate any law, carrier requirement, or platform policy.

9.3 Carrier registration. Certain messaging features require carrier registration, including A2P 10DLC brand and campaign registration. Where we assist with or submit that registration on your behalf, we make no guarantee of approval, of any particular throughput or trust score, or of any timeline. Registration outcomes, message filtering, and message blocking are determined by mobile carriers and third-party aggregators using criteria they control and do not disclose. We are not responsible for rejections, delays, filtering, blocking, throughput limits, or fines or surcharges imposed by carriers or aggregators, and any such fines or surcharges attributable to your traffic are your responsibility and may be passed through to you.

9.4 No deliverability guarantee. We do not guarantee that any message will be delivered, delivered on time, or delivered unfiltered.

9.5 Our enforcement rights. We may, immediately and without notice, suspend or disable your messaging, throttle your sending, require you to produce consent records, or terminate your account if we reasonably believe your traffic violates this Section, carrier rules, or applicable law, or if it threatens our infrastructure, sending reputation, or carrier relationships. We may also disclose your identity and relevant records to carriers, aggregators, or authorities where we reasonably believe we are required or permitted to do so.

9A. Health Information, Biometric Data, and Other Sensitive Categories

9A.1 We are not a HIPAA business associate. The Services are general-purpose business software and are not designed, configured, marketed, or sold as a HIPAA-compliant environment. We do not sign Business Associate Agreements and no Business Associate Agreement exists between us unless we have executed one with you in a separate signed writing. If you are a covered entity or a business associate under HIPAA, you are solely responsible for determining whether and how you may lawfully use the Services, and for configuring your own use accordingly.

9A.2 No protected health information. You will not submit, upload, store, transmit, or process protected health information, as defined at 45 C.F.R. § 160.103, through the Services. Lead contact details, the marketing interest a person expressed, and appointment scheduling information collected through your own advertising are not automatically protected health information, but clinical records, diagnoses, treatment notes, chart data, laboratory or imaging results, prescription records, insurance claim or payer data, and medical record numbers are, and they are prohibited.

9A.3 Consumer health data. Certain states, including Washington under the My Health My Data Act and Nevada under Senate Bill 370, regulate "consumer health data" far more broadly than HIPAA does, and the Washington statute carries a private right of action. Consumer health data can include inferences drawn from a person's interest in a treatment, procedure, medication, condition, body function, or wellness outcome. If you advertise any health, medical, dental, mental health, aesthetic, weight, hormone, fertility, recovery, or wellness service, you are responsible for determining whether the data you collect is regulated consumer health data and for obtaining any separate consent, providing any separate notice, and honoring any rights that those laws require. You are the controller of that data. We process it only on your behalf and only on your instructions.

9A.4 Biometric identifiers. You will not collect, capture, upload, store, or process any biometric identifier or biometric information through the Services, including facial geometry, faceprints, fingerprints, voiceprints, retina or iris scans, or any scan of hand or face geometry, as those terms are used in the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, and comparable laws. Photographs are not prohibited, but you will not submit any photograph to the Services for the purpose of identifying a person or generating a biometric template, and you will not enable or permit any feature that does so. You acknowledge that these statutes carry statutory damages and, in Illinois, a private right of action.

9A.5 Other restricted categories. You will not process government identification numbers, financial account or payment card numbers, precise geolocation, immigration status, criminal history, union membership, or personal information of anyone you know or reasonably should know is under sixteen (16) years of age through the Services.

9A.6 Your responsibility. Your obligations in this Section are material terms. Any claim, investigation, demand, or proceeding arising from your submission or processing of information described in this Section is fully within your indemnity under Section 17, including Sections 17.1(a), (c), (d), and (e).

9B. Artificial Intelligence Features

9B.1 AI output is a draft, not advice. Certain features use artificial intelligence, machine learning, or large language models to generate or suggest advertising copy, images, headlines, message replies, call handling, summaries, or other content ("AI Output"). AI Output is generated automatically, may be inaccurate, incomplete, outdated, biased, non-compliant, or entirely fabricated, and is not legal, medical, financial, regulatory, or professional advice.

9B.2 You review before use. You are solely responsible for reviewing, editing, verifying, and approving all AI Output before you publish it, send it, or allow it to interact with any person. You remain the advertiser, the sender, and the speaker for every piece of AI Output you deploy, including any claim it makes, any promise it appears to give, any disclosure it omits, and any message an automated agent sends or says on your behalf.

9B.3 No originality or non-infringement warranty. AI Output may not be unique to you, may resemble output generated for other customers, and may not be protectable by copyright. We make no warranty that AI Output is original or that its use will not infringe any third-party right.

9B.4 Third-party models. AI features are provided in part by third-party model providers and are Third-Party Services under Section 12. Availability, behavior, quality, and cost may change or be withdrawn at any time.

9B.5 Prohibited AI uses. You will not use AI features to generate content that impersonates a real person, that simulates a licensed professional giving advice, that fabricates a testimonial, review, credential, case result, or endorsement, or that conceals from a recipient that they are interacting with an automated system where disclosure is required by law.

10. Prohibited Uses

You will not use the Services to:

(a) run deceptive, false, or misleading advertising, or make unsubstantiated claims of any kind; (b) make earnings, income, or results claims about any product or service, including ours, that you cannot substantiate; (c) advertise or promote anything unlawful, or anything prohibited by the applicable advertising platform; (d) send unsolicited commercial messages, or messages to recipients who have not validly consented; (e) impersonate any person or entity, or misrepresent your affiliation, identity, or qualifications; (f) upload malicious code, or interfere with the integrity, security, or performance of the Services; (g) circumvent, evade, or attempt to defeat any advertising platform's enforcement, review, or ban systems, including by using cloaked landing pages, misdirection, or replacement accounts after a ban; (h) collect or process protected health information, government identification numbers, financial account numbers, precise geolocation, biometric data, or information about children, through the Services; (i) infringe any intellectual property, privacy, publicity, or other right of any person; (j) violate any applicable export control, sanctions, or anti-corruption law, or access the Services from an embargoed jurisdiction or while on a restricted party list; or (k) take any action that exposes us to legal, regulatory, reputational, or carrier risk.

11. Our Right to Refuse or Decline Service

We may decline to provide, or may discontinue providing, the Services to any business, industry, practice area, or category of advertising, at our sole discretion, for any reason or no reason, including where we consider the use inconsistent with our values, our risk tolerance, our platform relationships, or our business judgment. If we discontinue service to you under this Section absent a breach by you, we will refund the unused prepaid portion of your subscription on a pro-rata basis and that refund is your sole remedy.

12. Third-Party Platforms and Dependencies

12.1 The Services depend on third parties. The Services integrate with and depend on third-party platforms, infrastructure, and vendors, including advertising platforms such as Meta and Google, underlying software and CRM infrastructure, template providers, telephony and messaging carriers and aggregators, payment processors, and hosting providers (collectively, "Third-Party Services").

12.2 Not our breach. We do not control Third-Party Services. Any change, deprecation, price increase, outage, degradation, policy change, rate limit, suspension, rejection, ban, data loss, or termination by a Third-Party Service is not a breach of these Terms by us, does not entitle you to a refund or credit, and does not give rise to any liability on our part. This expressly includes the suspension, restriction, or permanent ban of your advertising account, page, or business manager by any advertising platform, for any reason, including reasons connected to a Template.

12.3 Their terms bind you. Your use of any Third-Party Service is governed by that party's terms and privacy policy, which you are responsible for reading and following. You are solely responsible for maintaining your own accounts and payment methods with them.

12.4 No endorsement. We do not endorse and are not responsible for any Third-Party Service.

13. No Guarantee of Results

We do not guarantee results of any kind.

We make no representation, warranty, or promise regarding the number of leads, calls, messages, appointments, customers, sales, revenue, return on ad spend, cost per lead, cost per acquisition, conversion rate, or any other outcome you may or may not achieve.

Cost per lead figures, historical performance data, template import counts, benchmark ranges, and similar information presented on our website or within the Services are estimates and historical observations, not predictions and not guarantees. Your actual results depend on factors outside our control, including your budget, your market, your competition, your offer, your pricing, your availability, your sales process, your speed of response, seasonality, and platform auction dynamics.

Your results may be zero. Advertising involves risk of total loss of amounts spent. You accept that risk.

Any statement by any employee, contractor, or representative of ours that is inconsistent with this Section is unauthorized and does not bind us.

14. Suspension and Termination

14.1 By you. See Section 5.

14.2 By us for cause. We may suspend or terminate your access immediately, with or without notice, if you breach these Terms, if you fail to pay, if your use creates legal, regulatory, security, carrier, or platform risk, if you initiate a chargeback for amounts owed, or if required by law or by a Third-Party Service.

14.3 By us without cause. We may terminate on thirty (30) days' notice, in which case we will refund the unused prepaid portion of your subscription on a pro-rata basis as your sole remedy.

14.4 Effect. On termination your license ends immediately, and Sections 6.3, 6.4, 7.2, 7.5, 9, 9A, 9B, 13, 15, 16, 17, 18, and 20 survive, together with any other provision that by its nature should survive.

15. Disclaimer of Warranties

THE SERVICES, THE TEMPLATES, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: the Services will be uninterrupted, timely, secure, or error-free; any defect will be corrected; the Services or any Template will be approved by, or remain approved by, any advertising platform; any Template complies with any law, regulation, professional rule, or platform policy applicable to you or your jurisdiction; any message will be delivered; any data will be free from loss or corruption; or the Services will meet your requirements or produce any particular result.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

No service level commitment. We do not offer, and these Terms do not include, any service level agreement, uptime commitment, support response time, or availability credit. We may perform maintenance, impose rate limits, and modify, suspend, or discontinue any feature at any time. Features identified as beta, preview, early access, trial, or experimental are provided for evaluation only, may be changed or withdrawn without notice, and are excluded from every commitment in these Terms.

Some jurisdictions do not allow certain exclusions, so some of the above may not apply to you; in that case our warranties are limited to the minimum extent permitted by law.

16. Limitation of Liability

16.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOST OR WASTED ADVERTISING SPEND, LOST LEADS OR OPPORTUNITIES, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, REGULATORY FINE OR PENALTY, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY.

16.2 Aggregate cap. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, FOR ALL CLAIMS COMBINED, WILL NOT EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM. This cap applies in the aggregate and is not multiplied by the number of claims.

16.3 Advertising spend excluded. We are not liable for any amount you paid to any advertising platform, at any time, for any reason.

16.4 Basis of the bargain. You acknowledge that the fees reflect this allocation of risk, and that these limitations are an essential basis of the bargain between us and would not be entered into otherwise. These limitations apply even if a remedy fails of its essential purpose.

17. Indemnification

17.1 Your indemnity. You will defend, indemnify, and hold harmless PrebuiltAds, Attorney Scaler LLC, and their respective owners, officers, members, employees, contractors, agents, affiliates, successors, and assigns (the "Indemnified Parties") from and against any and all claims, demands, actions, investigations, proceedings, subpoenas, losses, damages, judgments, settlements, fines, penalties, liabilities, costs, and expenses, including reasonable attorneys' fees and the costs of responding to regulatory or carrier inquiries, arising out of or relating to:

(a) any claim under the Telephone Consumer Protection Act, the CAN-SPAM Act, Canada's Anti-Spam Legislation, the Florida Telephone Solicitation Act, or any other federal, state, provincial, or local statute, regulation, or common law governing calls, text messages, faxes, emails, automated dialing, prerecorded messages, do-not-call obligations, or consent, arising from any message or call transmitted using the Services;

(b) your advertising, including any claim of false, deceptive, misleading, or unsubstantiated advertising, unfair competition, or violation of consumer protection law;

(c) any violation by you of any professional, licensing, or regulatory rule, including any bar association or healthcare advertising rule, or any complaint or disciplinary proceeding arising from your advertising;

(d) your Customer Data, including any claim relating to its collection, accuracy, use, disclosure, security, or the rights of any individual in it;

(e) any claim by any person that your use of the Services violated their privacy, publicity, intellectual property, or other rights;

(f) your breach or alleged breach of these Terms, including Sections 7, 8, 9, 9A, 9B, and 10;

(g) your violation of any law or of any Third-Party Service's terms or policies; and

(h) any claim under the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, the Washington My Health My Data Act, Nevada Senate Bill 370, HIPAA, or any other law governing health information, consumer health data, or biometric identifiers, arising from information you submitted to or processed through the Services;

(i) any AI Output you published, sent, or deployed, including any claim that it was false, misleading, infringing, non-compliant, or that it impersonated a person or a licensed professional; and

(j) any dispute between you and any lead, customer, employee, contractor, competitor, or advertising platform.

17.2 Procedure. We will notify you of any claim for which we seek indemnification, though our failure to do so promptly relieves you only to the extent you are actually prejudiced. We may, at our option and at your expense, assume sole control of the defense and settlement of any claim, and you will cooperate fully. You will not settle any claim in a way that imposes any obligation or admission on any Indemnified Party without our prior written consent.

17.3 No limitation. Your obligations under this Section are not subject to the limitations in Section 16.

18. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.

18.1 Informal resolution first. Before filing any claim, you agree to send a written notice describing the dispute and the relief sought to [email protected] and to negotiate in good faith for sixty (60) days. This is a condition precedent to arbitration.

18.2 Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including its formation, interpretation, breach, or termination, and including statutory and tort claims, will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Miami-Dade County, Florida, conducted in English. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

18.3 Class action waiver. YOU AND WE EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION, OR TO ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this paragraph is found unenforceable as to any claim, that claim alone must proceed in court and is severed from arbitration.

18.4 Carve-outs. Either party may bring an individual action in small claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction for actual or threatened infringement or misappropriation of intellectual property or breach of Section 7.3, without first satisfying Section 18.1.

18.5 Jury trial waiver. If for any reason a claim proceeds in court rather than arbitration, you and we each knowingly and voluntarily waive any right to a trial by jury.

18.6 One-year limitation. ANY CLAIM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER IT ACCRUES, OR IT IS PERMANENTLY BARRED.

18.7 Mass and coordinated arbitrations. If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same law firm, coordinated group, or common counsel within a one hundred eighty (180) day period, the demands will be treated as a single coordinated proceeding and resolved in staged batches of no more than twenty (20) demands at a time, with each batch heard by one arbitrator. The parties will select the first two batches as bellwethers and will attempt in good faith to resolve the remaining demands using the outcomes of those bellwethers before any further batch proceeds. No filing fee is owed, and no demand in a later batch is deemed filed or commenced, until that demand's batch begins. All applicable limitations periods are tolled for demands awaiting their batch. If any arbitration provider will not administer the process described in this paragraph, either party may require that the coordinated proceeding be heard in court, where the jury waiver in Section 18.5 and the class waiver in Section 18.3 continue to apply.

18.8 Your right to opt out of arbitration. You may reject Sections 18.2 through 18.7 by sending written notice to [email protected] within thirty (30) days after you first accept these Terms. The notice must state your name, the email address on your account, and that you are opting out of arbitration. Opting out will not affect any other part of these Terms and will not affect your account, your pricing, or the Services you receive. If you opt out, Sections 18.3, 18.5, 18.6, and 18.9 still apply and disputes proceed in the courts identified in Section 18.9.

18.9 Governing law. These Terms are governed by the laws of the State of Florida, excluding its conflict of laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. For any matter not subject to arbitration, the state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction, and you consent to personal jurisdiction and venue there and waive any objection to it.

18.10 Fees. In any dispute, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.

19. Changes to These Terms

We may modify these Terms. We will post the updated version with a new Last Updated date and, for material changes, provide at least thirty (30) days' notice by email or in-product notice. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree, you must stop using the Services and cancel before the effective date. Material changes do not apply retroactively to any dispute that arose before the change.

20. General

20.1 Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, labor dispute, epidemic, government action, utility or internet failure, cyberattack, or failure of any Third-Party Service. Payment obligations are not excused.

20.2 Assignment. You may not assign or transfer these Terms or your account without our prior written consent, including by operation of law or change of control. We may assign freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

20.3 No third-party beneficiaries. These Terms create no rights in any third party, except that the Indemnified Parties may enforce Section 17.

20.4 Independent parties. Nothing here creates any partnership, joint venture, employment, franchise, fiduciary, or agency relationship. Neither party may bind the other.

20.5 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remainder stays in full effect.

20.6 No waiver. Our failure to enforce any provision is not a waiver of it.

20.7 Notices. We may give notice by email to the address on your account, by in-product notice, or by posting to our website. You must give notice to [email protected].

20.8 Publicity. We may identify you as a customer by name and logo in our marketing materials unless you opt out by emailing [email protected].

20.9 Electronic contracting and records. You consent to transact with us electronically. Your click, tap, or continued use accepting these Terms is an electronic signature that has the same legal effect as a handwritten signature under the federal E-SIGN Act and comparable state law. You consent to receive all notices, disclosures, agreements, and records from us electronically, by email to the address on your account or by posting in the Services, and you agree that electronic records satisfy any requirement that a communication be in writing. You may withdraw this consent only by closing your account. Our records of your acceptance, including timestamps and IP address, are admissible evidence of the agreement between us.

20.10 Feedback. If you send us any suggestion, idea, feature request, bug report, or other feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, and transferable right to use and commercialize it for any purpose without any obligation, attribution, or compensation to you. Feedback is not your confidential information.

20.11 Entire agreement. These Terms, together with our Privacy Policy and any order form or written agreement we sign with you, are the entire agreement between us regarding the Services and supersede all prior or contemporaneous proposals, discussions, marketing statements, and representations. No statement made on our website, in any advertisement, in any demonstration, in any sales call, or by any employee or contractor forms part of this agreement or creates any obligation not expressly stated here. In the event of a conflict, these Terms control over any purchase order or other document you issue, and any additional or conflicting terms you propose are rejected.

20.12 Confidentiality. Each party will protect the other's non-public information disclosed in connection with the Services with at least reasonable care and use it only for purposes of these Terms. This does not apply to information that is public, independently developed, lawfully received from a third party, or required to be disclosed by law.

20.13 Headings and interpretation. Headings are for convenience only. "Including" means "including without limitation."

Questions: [email protected] Support: [email protected] Billing: [email protected]

Attorney Scaler LLC d/b/a PrebuiltAds, 271 NE 211th Street, Miami, FL 33179