Terms of Service

1. Agreement

These Terms of Service ("Terms") are a binding agreement between you and The Consultants Accelerator LLC, doing business as ScaleAgents.io ("ScaleAgents," "we," "us," or "our"), governing your use of the website at scaleagents.io and any services we provide.

By using the site, booking a strategy call, signing up for a paid plan, or accepting a written or electronic order with us, you agree to these Terms. If you do not agree, do not use the site or services.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into agreements on behalf of yourself or the entity you represent. By using our services, you confirm that you do.

3. Our services

ScaleAgents provides done-for-you AI appointment-setting services for agencies and consultants, including build, configuration, ongoing operation, and maintenance of AI-driven messaging workflows on GoHighLevel and connected channels (SMS, email, Instagram, Facebook Messenger, WhatsApp, and similar).

Specific deliverables, timelines, and scope are described in the proposal, order form, or written agreement applicable to your account. If those documents conflict with these Terms, the more specific document controls for the items it covers.

4. No guarantees of results

Any case studies, testimonials, statistics, charts, examples, screenshots, or other figures on our website, in our marketing, or in our materials are illustrative only. They reflect specific outcomes for specific clients in specific circumstances and are not a promise or projection of what you will achieve. Past results do not guarantee future results.

You acknowledge that you are responsible for your own business decisions and outcomes. You should not rely on any statement made by us as a guarantee of earnings or results.

5. Fees, billing, and cancellation

Fees, billing cadence, and the term of your subscription or engagement are set out in the order form or pricing page that applies at the time you sign up. Unless your order says otherwise:

• Subscriptions are billed in advance on a recurring monthly basis through our payment processor (Stripe).
• By providing payment information, you authorize us to charge that payment method for fees, taxes, and any applicable usage charges until you cancel.
• You may cancel future recurring charges at any time by emailing scott@scaleagents.io. Cancellation takes effect at the end of your then-current billing period.
• Fees are non-refundable except as expressly stated in your order form or as required by law. Setup and onboarding fees are non-refundable once work has begun.
• If a payment fails, we may suspend or terminate your access until the amount owed is paid.
• We may change pricing on at least 30 days' notice for future billing periods.

6. Your responsibilities

To use our services, you agree that you will:

• Provide accurate information and keep it current
• Have the legal right to message every contact you upload, import, or send leads through our system
• Comply with all applicable laws and platform rules, including the TCPA, CAN-SPAM, GDPR, CCPA, Meta's and Instagram's policies, WhatsApp Business policies, and any carrier rules for SMS
• Not use our services to send unlawful, fraudulent, harassing, deceptive, or unsolicited messages
• Maintain reasonable security over your own accounts, credentials, and integrations
• Pay your fees when due

You are solely responsible for the leads you provide, the content you ask us to send on your behalf, and how those leads were obtained. We rely on your representations that leads have given the required consent to be contacted on each channel.

7. Acceptable use

You will not, and will not allow anyone else to:

• Use the services to send spam, malware, phishing messages, or anything illegal
• Use the services in any way that could damage, disable, or impair the services or interfere with another user's use of them
• Attempt to reverse engineer, scrape, or replicate the services or any underlying technology
• Resell or sublicense access to the services except under a written reseller or white-label agreement with us
• Misrepresent the AI as a human in a way that violates applicable disclosure laws

8. Third-party platforms

Our services depend on third-party platforms, including GoHighLevel, Stripe, Anthropic, and the carriers and networks that deliver SMS, email, and social messages. We are not affiliated with, endorsed by, or sponsored by those platforms. Your use of each platform is also governed by that platform's own terms.

If a third-party platform changes its policies, pricing, APIs, or availability in a way that affects our services, we will use commercially reasonable efforts to adapt, but we are not liable for the impact of those changes on you.

9. Intellectual property

We own the website, the services, our workflows, prompts, templates, code, and all related intellectual property, except for the content you provide. You retain ownership of the content and data you give us, and you grant us a non-exclusive license to use it as necessary to deliver the services to you.

Anonymized or aggregated insights derived from our delivery of the services (for example, aggregated benchmarks across clients) may be retained and used by us to improve our offerings, provided they do not identify you.

10. Confidentiality

Each side will protect the other's confidential information with the same care it uses for its own and will not disclose it except to staff, contractors, or service providers who need to know and are bound by confidentiality obligations. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

11. Disclaimer of warranties

The services and the website are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, and uninterrupted or error-free operation.

We do not warrant that the services will meet your requirements, that the results obtained from the services will be accurate or reliable, or that any defects will be corrected.

12. Limitation of liability

To the maximum extent permitted by law, in no event will ScaleAgents, its affiliates, officers, employees, agents, or contractors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost goodwill, or business interruption, arising out of or related to these Terms or the services, even if advised of the possibility of such damages.

Our total aggregate liability arising out of or related to these Terms and the services will not exceed the greater of (a) the fees you actually paid us in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars ($100).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. In those cases, our liability is limited to the smallest extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless ScaleAgents and its affiliates, officers, employees, agents, and contractors from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the services, (b) your content or your contacts/leads, (c) your violation of these Terms, applicable laws, or third-party rights, or (d) any messages sent on your behalf based on data you provided.

14. Termination

You may stop using the services at any time and cancel future billing as described above. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the services in a way that creates risk for us or other users. On termination, your right to use the services ends, but sections that by their nature should survive (such as fees owed, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will continue.

15. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute that cannot be resolved informally will be resolved exclusively in the state or federal courts located in the State of Texas, and you and we each consent to the personal jurisdiction of those courts.

You and we each waive any right to a jury trial. You may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and, for material changes, notify you through the site or by email. Your continued use of the services after the changes take effect means you accept them.

17. Miscellaneous

• Entire agreement. These Terms, together with your order form and our Privacy Policy, are the entire agreement between you and us regarding the services.
• Severability. If any provision is found to be unenforceable, the rest stays in effect.
• No waiver. A failure to enforce any right is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, financing, or sale of assets.
• Independent contractors. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship.
• Force majeure. Neither side is liable for delays or failures caused by events beyond reasonable control.

18. Contact

Questions about these Terms? Email scott@scaleagents.io.