Terms of Use

1. Acceptance of these terms

These Terms of Use (“Terms”) govern your access to and use of scalingpeak.com together with the content, tools and forms available on it (the “Website”), operated by Treasure Islands LLC as Scaling Peak (“we”, “us”, “our”).

By using the Website you agree to these Terms and to our Privacy Policy. If you do not agree, please stop using the Website. These Terms do not govern the paid services we deliver to clients: those are set out in a separate written agreement, which prevails over these Terms where the two differ.

2. Eligibility

You must be at least 18 years old and able to enter into a binding contract to use the Website. If you use it on behalf of a company, you confirm that you are authorized to bind that company to these Terms. You may not use the Website where doing so would be unlawful, or if you are subject to applicable sanctions or export-control restrictions.

3. The Website and its content

The Website presents information about our Amazon growth services, case studies, articles and free tools. It is provided for general information and marketing purposes: content may be updated, moved or removed at any time and does not constitute an offer, a commitment or professional advice.

We aim to keep the Website available, but we may suspend, withdraw or restrict all or part of it for maintenance, security or business reasons, without notice and without liability.

4. Forms, audit requests and bookings

When you send a contact form, request a free Amazon audit or book a discovery call, you agree to provide accurate and complete information and not to submit data belonging to another person or company without their authorization.

The free audit is a no-obligation marketing offer. We decide at our discretion whether to prepare an audit, and we may decline or discontinue a request — for example when required information is missing or the request falls outside our focus. Submitting a request does not create a client relationship.

Calls are scheduled through Calendly, a third-party service with its own terms and privacy policy; we are not responsible for that platform's availability.

5. Acceptable use

You agree not to:

• use the Website for any unlawful, fraudulent or harmful purpose, or in breach of applicable sanctions or export laws;
• submit false information, spam, malware or content that infringes the rights of others;
• attempt to gain unauthorized access to the Website, our accounts, servers or any connected system;
• scrape, crawl, harvest or copy the Website or its content at scale, or use it to train models or to build a competing service, without our prior written consent;
• interfere with the operation of the Website, including by overloading, probing or disrupting it or by circumventing security features;
• reverse engineer, decompile or otherwise attempt to derive the source code of the Website, except where such a restriction is prohibited by law.

6. Intellectual property

The Website and everything on it — text, graphics, logos, layout, code, case studies and articles — is owned by us or our licensors and protected by copyright, trademark and other laws. We grant you a limited, non-exclusive, non-transferable and revocable licence to view and use the Website for your own internal business purposes.

You may not copy, republish, distribute or otherwise commercially exploit our content without our prior written permission, and you may not use our name, logo or trademarks — including in paid advertising or domain names — without it. Quoting a short extract with clear attribution and a link to the source is permitted.

7. Feedback

If you send us ideas, suggestions or feedback about the Website or our services, you grant us a perpetual, worldwide, royalty-free right to use them without any obligation to you. Please do not send us information you consider confidential.

8. Third-party services, platforms and trademarks

The Website links to and integrates third-party services, including Calendly, Trustpilot, analytics and social platforms. We do not control them, we are not responsible for their content, availability or practices, and your use of them is governed by their own terms.

Amazon and all related marks are trademarks of Amazon.com, Inc. or its affiliates. We are an independent agency: we are not Amazon, and nothing on this Website implies that Amazon endorses or sponsors us beyond any partner status we expressly state and hold.

9. No guarantee of results

Results described in case studies, reviews, statistics and articles were achieved in specific circumstances for specific brands. They are examples, not promises: marketplace performance depends on your product, pricing, margins, competition, inventory and factors outside our control, including Amazon's own policies and algorithms.

Nothing on the Website is legal, tax, accounting or investment advice, and nothing on it may be relied on as a guarantee of any particular revenue, ranking, advertising efficiency or growth outcome.

10. Disclaimer of warranties

The Website is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement and accuracy.

We do not warrant that the Website will be uninterrupted, timely, error-free or free of viruses or other harmful components, or that the information on it is complete or current.

11. Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, nor for any loss of profit, revenue, data, goodwill or business opportunity arising out of or in connection with your use of the Website, even if we were advised that such damages were possible.

Our total aggregate liability arising from the Website is limited to one hundred US dollars (USD 100). Nothing in these Terms excludes liability that cannot be excluded by law, including liability for fraud, willful misconduct, or death or personal injury caused by negligence.

12. Indemnification

You agree to indemnify and hold harmless Treasure Islands LLC, its officers, employees and contractors from any claims, losses, liabilities, costs and expenses (including reasonable legal fees) arising from your use of the Website, your breach of these Terms or your violation of the rights of any third party.

13. Privacy and cookies

How we handle personal data is described in our Privacy Policy, and our use of cookies in our Cookie Policy. Both form part of these Terms.

14. Suspension of access

We may restrict, suspend or terminate your access to the Website at any time, without notice and without liability, if we reasonably believe that you have breached these Terms or that your use presents a risk to the Website, our clients or other users. Provisions that by their nature should survive — including intellectual property, disclaimers, liability, indemnification and governing law — remain in force after termination.

15. Changes to these Terms

We may amend these Terms from time to time. The effective date at the top of this page shows the current version, and your continued use of the Website after a change means that you accept the amended Terms. Please review them periodically.

16. Governing law and disputes

These Terms and any dispute arising out of them or out of the Website are governed by the laws of the United States, without regard to conflict-of-law rules. The courts competent for the place of our registration have exclusive jurisdiction, and you waive any objection to that venue.

Before starting formal proceedings, please contact us at info@scalingpeak.com: most issues can be resolved informally, and we ask for 30 days to try.

17. Miscellaneous

• Entire agreement — these Terms, together with the Privacy Policy and the Cookie Policy, are the entire agreement between you and us regarding the Website and supersede prior communications on that subject.
• Severability — if any provision is found unenforceable, it is replaced by an enforceable provision reflecting the original intent as closely as possible, and the remaining provisions stay in force.
• No waiver — our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment — we may assign these Terms to an affiliate or to a successor in a merger, acquisition or sale of assets; you may not assign them without our prior written consent.
• Force majeure — we are not liable for delays or failures caused by events beyond our reasonable control, including outages of hosting, marketplace or other third-party platforms.

18. Contact us

Questions about these Terms? Write to Treasure Islands LLC at info@scalingpeak.com.