Terms of Service
Please read these Terms carefully. They contain a binding arbitration agreement and a waiver of class actions and jury trials (Section 20), limits on our liability (Section 18), and, for law firms, the rules that apply to fees, ad accounts, bar compliance, the lead guarantee and cancellation (Part B).
Part A: Everyone
1. Agreement to these Terms
These Terms of Service ("Terms") are an agreement between you and Attorney Scaler LLC, a Florida limited liability company ("Attorney Scaler," "we," "us" or "our"). They govern your use of attorneyscaler.com and our other websites, the landing pages and systems we operate for law firm clients, and all related services (together, the "Services"). By using the Services, booking a call, submitting a form, or signing up for or paying for any Service, you agree to these Terms and to our Privacy Policy. If you are accepting these Terms for a law firm or other business, you represent that you have authority to bind it, and "you" means that business.
Part A (Sections 1 to 4) and Part C (Sections 15 to 23) apply to everyone. Part B (Sections 5 to 14) applies to law firms and attorneys that buy Services from us ("Clients"). If a Client has signed a written services agreement with us (a "Client Agreement"), the Client Agreement controls over these Terms where the two conflict, and these Terms fill any gaps.
2. We are not a law firm
Attorney Scaler is an advertising and marketing technology company. We are not a law firm and we do not practice law. Nothing we provide is legal advice. We do not evaluate legal claims, we do not refer, recommend, endorse or vouch for any attorney or law firm, and we are not a lawyer referral service. Our Clients run advertising under their own names, and people who respond are responding to that Client's advertising. We are paid flat fees for advertising and technology services. We do not share in any legal fee, we are not paid based on whether any person hires a Client or on the outcome of any matter, and we do not direct or control any Client's professional judgment. No attorney-client relationship is formed with Attorney Scaler by using the Services.
3. Eligibility
You must be at least 18 years old and located in the United States to use the Services. Clients must be licensed attorneys in good standing, or law firms owned or managed by them, in each state where they advertise through the Services, and must not be subject to any suspension or discipline that restricts advertising or practice.
4. Website content and results
Content on our websites is general marketing information. Results, figures, case studies and screenshots describe specific past campaigns and are not typical, predictive or guaranteed. Your results will depend on many factors outside our control, including your state, budget, market, competition, intake staffing, speed of response, close rate, the Meta platform and the decisions of the people who respond. Animations, sample ads, sample conversations, names and phone numbers shown on our websites are illustrations. Pricing and offers shown on our websites are summaries and are not a binding offer; the terms in a signed Client Agreement or an accepted order control.
Part B: Law firm clients
5. Services
Depending on your order, the Services may include: advertising scripts and filming guidance; editing of video you record; creation, launch and management of advertising campaigns in your own Meta ad account; landing pages and forms branded to your firm; an automated "speed to lead" call system that calls your intake line and then connects you with the person who submitted your form; email and text notifications of new submissions; tools to send intake documents and retainer agreements by text for electronic signature; and reporting. We decide the methods, tools, vendors, targeting, budget allocation within your approved total, and creative approach used to perform the Services, subject to your approval rights in Section 10. We may use subcontractors and third-party software (including campaign management and customer relationship management platforms) to perform the Services.
6. Fees, billing and payment
- Launch fee. A one-time launch fee, stated in your order or Client Agreement (currently $5,000), is due at signing, and work begins when it is received. It pays for setup, systems, creative and launch work that begins immediately, and it is non-refundable except for the launch fee refund under the guarantee in Section 13.
- Per-lead fee. You pay a fee for each Lead (defined in Section 7), stated in your order or Client Agreement (currently $65 per Lead).
- Weekly billing in arrears. Per-lead fees are invoiced weekly, after the week in which the Leads were delivered, through our payment processor, Stripe. You authorize us to charge your card or bank account on file automatically for every invoice when issued, and you agree to keep a valid payment method on file at all times.
- Failed and late payments. If a charge fails, we will notify you and may retry it. Amounts not paid within 3 days after a failed charge are past due. We may pause campaigns, call connection, notifications and all other Services until past-due amounts are paid, and Leads continue to be billable during any period in which ads run. Past-due amounts accrue a late charge of 1.5% per month, or the highest rate allowed by law if lower, and you are responsible for our reasonable costs of collection, including attorneys' fees.
- No refunds. All fees are fully earned when paid or due and are non-refundable. Except for the launch fee refund under Section 13, we do not give refunds, credits, offsets or adjustments for any reason, including lead quality, close rate, platform action or termination.
- Disputes and chargebacks. You may question an invoice only to correct a counting or arithmetic error, in writing within 7 days after the invoice date, or the invoice is final. Every charge is authorized, and you agree not to initiate any chargeback, payment dispute, ACH return or reversal. Any chargeback is a material breach, and the reversed amount, a $500 administration fee per dispute, and all related fees and attorneys' fees become immediately due.
- Processing fees and taxes. Card payments may carry a processing surcharge where permitted by law and disclosed at checkout or in your order. Fees do not include taxes, which you are responsible for, other than taxes on our income.
- Price changes. We may change our fees for future periods with at least 30 days' written notice. Changes do not apply to fees already incurred.
7. Leads are final
A "Lead" is a unique person, identified by phone number, who submits a form on a landing page or platform lead form connected to your campaigns and provides at least a name and phone number. A submission is not a Lead if the same phone number was already delivered to you as a Lead within the previous 30 days. Leads are delivered based on the information the person entered, and we do not verify the person's identity, the accuracy of their statements, or whether they have a valid claim.
All Leads are final. We do not issue credits, replacements or refunds for any Lead for any reason, including that a person does not answer, has a disconnected or wrong number, has no claim or a weak claim, is already represented, changes their mind, chooses another firm, or does not sign with you. Your close rate and the value of any matter are your responsibility.
8. Ad spend and your ad account
- You pay Meta directly. All advertising spend is charged by Meta to the payment method in your own ad account. Ad spend is not part of our fees, is never paid to or refunded by us, and is not refundable under the guarantee. Meta's terms govern your account and your payments to Meta.
- Minimum budget. You agree to fund a daily budget that totals at least $5,000 per month (about $167 per day), or the higher amount in your order. Lower budgets reduce Lead volume and void the guarantee.
- You own your account. You own your ad account, Facebook Page, Business Portfolio, pixel and the data in them. You are responsible for completing any identity, business or advertiser verification Meta requires, and for keeping your account, Page and payment method active and in good standing.
- Access. You will give us, and the software tools we use, the access needed to perform the Services, and you will not remove that access during the term without notice to us. You agree not to edit, pause, duplicate or reset the campaigns, audiences, pixel, landing pages or lead routing we manage without telling us first, and you accept that changes you make may harm performance.
9. Platform risk: restrictions and rejections
Advertising platforms, including Meta, can reject ads, limit delivery, require verification, restrict or disable ad accounts, Pages, Business Portfolios and individual profiles, change their policies and algorithms, and change their prices at any time and often without explanation. Legal advertising is subject to additional platform scrutiny. You acknowledge these risks and agree that Attorney Scaler is not responsible or liable for any action taken by Meta or any other platform, including any ad rejection, reduced delivery, increased cost, account, Page or profile restriction or disablement, loss of data or audiences, or inability to advertise, regardless of cause, including where the action relates to ads, pages or content we prepared and you approved. We will follow the platform policies as we understand them and will make reasonable efforts to help you request review of a platform decision, but we do not control the outcome. A platform action does not reduce or excuse fees already earned, does not entitle you to any refund or credit, and voids the guarantee. If your account cannot be restored, continuing Services may require a new ad account that you create and fund at your own expense.
10. Professional responsibility and bar compliance
You alone are responsible for your compliance with the rules of professional conduct and attorney advertising and solicitation rules of every state where you advertise or practice, and with all related laws. Specifically, you agree that:
- You approve everything before it runs. We will not launch any ad, script, landing page, form, call script, text message or document until you approve it. You must review every item yourself or through your own counsel, and your approval is your representation that the item complies with all rules that apply to you. You must tell us promptly if anything needs to change.
- You confirm with your bar. You are responsible for confirming that the advertising and the Services comply with your state bar's rules, for submitting any ad for review or filing it where required (for example, under Florida Bar rules), for paying any filing fees, for including any required disclaimers, and for any delay caused by bar review. Our launch schedule depends on your approvals and any required review.
- You supervise your intake. You are responsible for everyone who speaks with people who respond, for your intake procedures, for conflict checks, for the content of your retainer agreements and other documents, for any advice given, and for deciding whether to accept any matter.
- No fee sharing. Our fees are fixed charges for advertising and technology services that are owed whether or not any person hires you and regardless of any outcome. You will not pay us any share of any legal fee or any amount tied to a signed client or a recovery, and nothing in our relationship gives us any interest in any matter.
- Truthful content. You will provide only truthful information about your firm, attorneys, experience, results and fees, and you will not ask us to create content that is false, misleading or that promises results.
We may suggest wording or changes based on our experience, but those suggestions are not legal advice, and we do not guarantee that any ad or system complies with the rules that apply to you.
11. Calls, texts and consent laws
Calls placed and texts sent through the Services to people who respond to your advertising are made on your behalf, under your firm's name and phone numbers. You are the caller and sender of those communications and are responsible for their compliance with the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act and similar state laws, the Telemarketing Sales Rule, do-not-call rules, call recording and wiretap laws (including all-party consent laws), text messaging registration requirements such as A2P 10DLC, carrier rules, and CAN-SPAM. You approve the consent language and disclosures on your forms, you will honor opt-out requests promptly, you will not use the Services to contact anyone who has not consented, and you will provide accurate information for any phone number or messaging registration. We will keep consent records generated by our forms and make them available to you on request during the term and for the retention period in our Privacy Policy.
12. Your materials, data and our property
- Your materials. You grant us a non-exclusive license to use your firm name, logos, attorney names, photographs, video, voice and likeness, and other materials you provide ("Client Materials") to perform the Services. You represent that you have every right and consent needed to provide them, including from each attorney and staff member who appears in them.
- Your leads. As between us, you own the Lead information delivered to you. We may store and process it to perform the Services, keep records required by law, and create aggregated or de-identified statistics that do not identify you or any individual.
- Case studies. We may use your campaign results, such as cost per lead, close rate and screenshots, in our marketing, without naming your firm or any individual, unless you give separate consent to be named.
- Our property. We own our scripts, templates, landing page designs, workflows, automations, software configurations, know-how and all improvements to them, whether or not created while serving you. Once all fees are paid, you may keep using the final edited videos featuring your attorneys. Landing pages, automations and software access end when the Services end.
- Confidentiality. Each party will protect the other's non-public business information and use it only for the relationship, except as required by law.
- No exclusivity. Unless your Client Agreement says otherwise, we may provide the same or similar Services to other law firms, including in your state and practice area.
- Non-solicitation. During the term and for 12 months afterward, you will not hire or engage any of our employees or contractors who worked on your account, directly or indirectly, without our written consent.
13. The 100-lead guarantee
If your order includes our guarantee, the "Guarantee Period" is the 90 days beginning on the date the first Lead is delivered to you. If at least $15,000 is spent and every condition below is met, but fewer than 100 Leads are delivered during the Guarantee Period, we will refund your launch fee. The refund is limited to the launch fee and is your only remedy for a shortfall. Per-lead fees and ad spend are never refunded.
The guarantee applies only if every one of the following conditions is met for the entire Guarantee Period:
- At least $15,000 in total ad spend is actually spent (not merely budgeted) through your Meta ad account on the campaigns we manage, which requires a daily budget of at least $167;
- The campaigns run continuously, with no pauses, stops or budget reductions by you or caused by you;
- No one other than Attorney Scaler edits, duplicates, resets, restarts or replaces the campaigns, ads, audiences, pixel, landing pages, forms or lead routing;
- Your ad account, Facebook Page, Business Portfolio, profiles and payment method remain active and in good standing, with no restriction, disablement, verification hold, account-level ad rejection, failed payment or loss of access;
- The speed to lead call system remains on and connected to a staffed intake line;
- You complete filming, approvals, any bar review or filing, and every other item we request from you on time, and nothing you provide or require causes a delay;
- All invoices are paid on time, no chargeback, payment dispute or ACH return is initiated, and you do not give notice of cancellation or breach your agreement before the end of the Guarantee Period.
Any of the following voids the guarantee, whatever its cause, including where it relates to content we prepared and you approved: any action by Meta or any other platform, a state bar or regulator, or a telephone carrier; any event under Section 22; and any other event not caused by Attorney Scaler that interrupts or limits lead generation. You must request the refund in writing to [email protected] within 14 days after the end of the Guarantee Period, or the refund is waived. We will pay it within 30 days after confirming the conditions were met. Our delivery records are conclusive absent manifest error. We will not cancel for convenience during the Guarantee Period.
14. Term and cancellation
- No long-term contract. The Services continue week to week until cancelled.
- 14 days' notice. Either party may cancel for any reason by giving at least 14 days' written notice by email to the other party (for us, [email protected]), except that we will not cancel for convenience during the Guarantee Period in Section 13. The Services, and per-lead billing, continue through the end of the notice period, and you must pay for every Lead delivered, including every Lead delivered during the notice period. We may let you end earlier if you ask, but we are not required to.
- Immediate termination. We may suspend or terminate the Services immediately if you fail to pay, initiate a chargeback, breach these Terms or a Client Agreement, ask us to do something we believe is unlawful or against platform policy or professional rules, are subject to bar discipline, or behave abusively toward our team.
- After cancellation. You must pay for every Lead delivered through the last day of service, and we may charge it to your payment method on file. No fee is refunded on cancellation, except a launch fee refund owed under Section 13. We will turn off the call system, notifications and landing pages, remove our access to your ad account, and give you an export of Leads delivered during the term on request made within 30 days. Sections that by their nature should survive (including payment obligations and Sections 6 to 13 and 15 to 23) survive cancellation.
Part C: General terms
15. Consumers using client pages
If you submit a form on a landing page that displays a law firm's name, you are contacting that law firm. By submitting, you agree that the information you give is accurate and yours, and you agree to be contacted by that law firm, including through automated systems we operate on its behalf, at the phone number and email address you provide, including by calls and text messages that may use automated technology, about your inquiry. Consent is not a condition of hiring any attorney, and you may opt out at any time by replying STOP to a text or telling the caller. Calls may be recorded as described in our Privacy Policy. Submitting a form does not create an attorney-client relationship, and the law firm decides whether it can help you. Do not send confidential or time-sensitive information until a law firm has agreed to represent you.
Text messages. Message frequency varies. Message and data rates may apply. Reply STOP to opt out and HELP for help, or email [email protected]. Carriers are not liable for delayed or undelivered messages.
16. Acceptable use
You will not: submit false information or information about another person without authority; use the Services for any unlawful, fraudulent or deceptive purpose; send unsolicited messages; interfere with or try to gain unauthorized access to the Services or other users' data; scrape, copy or reverse engineer our websites, templates or systems; use bots or automated means to submit forms; or resell or sublicense the Services without our written consent.
17. Disclaimers
Except for the guarantee in Section 13, the Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Services will be uninterrupted, error-free or produce any particular number of leads, calls, cases, signed clients, revenue or return on ad spend. We do not warrant the accuracy or quality of any lead, the actions of any advertising platform, carrier or software provider, or that any ad will be approved or delivered.
18. Limitation of liability
To the fullest extent permitted by law, Attorney Scaler and its members, managers, employees and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, lost fees, lost cases, lost clients, lost data, loss of goodwill, ad spend, or platform account losses, however caused and even if advised of their possibility. Our total liability for all claims arising out of or relating to the Services or these Terms, under any theory, including our own negligence, will not exceed the per-lead fees you paid us in the 30 days before the event giving rise to the claim, plus any launch fee refund owed under Section 13. If you are a consumer who has not paid us anything, our total liability will not exceed $100. These limits apply to every theory of liability and are an essential part of our pricing.
19. Indemnification
You will defend, indemnify and hold harmless Attorney Scaler and its members, managers, employees and contractors from any claim, complaint, investigation, demand, fine, penalty, loss, damage, cost or expense (including reasonable attorneys' fees) arising out of or relating to: your advertising content and Client Materials; your compliance with professional conduct, advertising, fee-sharing and solicitation rules; calls, texts and emails made on your behalf, and any claim under the TCPA, the Florida Telephone Solicitation Act or similar law; your intake, representation, advice or handling of any person or matter; your use of the Leads; your ad account, Page and dealings with Meta; your breach of these Terms or any Client Agreement; or your violation of any law or third-party right. This indemnity applies to claims caused in whole or in part by Attorney Scaler's own negligence, except to the extent a final judgment or award finds that the loss was caused by our gross negligence or willful misconduct.
20. Arbitration and class action waiver
Any dispute, claim or controversy arising out of or relating to these Terms, the Services or our relationship will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or, for consumers, its Consumer Arbitration Rules), before a single arbitrator, seated in Miami-Dade County, Florida. Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small claims court if it qualifies, and we may bring an action in court to collect unpaid fees. Either party may seek an injunction in court to protect its intellectual property or confidential information.
Claims may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims or award relief on a class basis. You and we each waive the right to a trial by jury.
If this class action waiver is found unenforceable for a claim, that claim must be decided in court under Section 21, and not in arbitration. The prevailing party in any arbitration or court action is entitled to recover its reasonable attorneys' fees and costs. As a condition precedent to any claim against Attorney Scaler, you must give us written notice describing the claim in reasonable detail within 90 days after you knew or reasonably should have known of the facts giving rise to it, and allow us 30 days to cure.
21. Governing law and venue
These Terms are governed by the laws of the State of Florida, without regard to conflict of law rules, and by the Federal Arbitration Act. Any court proceeding permitted under these Terms must be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and each party consents to personal jurisdiction there.
22. Changes and general terms
- Changes. We may update these Terms by posting a new version on this page with a new "Last updated" date. Changes take effect when posted, except that changes to fees or to Part B take effect for existing Clients 30 days after we email notice. Continued use of the Services after a change takes effect means you accept it.
- Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including platform outages or policy changes, account actions by platforms, carrier filtering, software or vendor failures, internet or power failures, natural disasters, epidemics, labor disputes, war, civil unrest or government action.
- Independent contractors. We are independent contractors. Nothing creates a partnership, joint venture, employment, agency or fiduciary relationship.
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or a successor to our business.
- Notices. We may give notice by email to the address you gave us or by posting on our website. Notices to us must be sent to [email protected]. Email notice is effective when sent.
- Electronic records. You agree to receive records, invoices and notices electronically, and agree that electronic signatures and acceptances are binding.
- Severability and waiver. If any provision is unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. Our failure to enforce a provision is not a waiver.
- Entire agreement. These Terms and any signed Client Agreement (which controls if they conflict) are the entire agreement between us about the Services and replace all prior statements, including statements on our website, in sales calls or in marketing materials. You have not relied on any statement, projection, case study or result that is not expressly set out in those documents. The Privacy Policy is provided for information and does not create obligations to you.