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 scaleagents.io, go.scaleagents.io (our client dashboard and community), our funnels and landing pages, and any services we provide (collectively, the "Services").

By using the Services, booking a call, creating an account, joining our community, signing up for a paid plan, or accepting a written or electronic order, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility

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

3. Our services

ScaleAgents provides done-for-you AI appointment-setting and related services for agencies, consultants, and businesses, including the build, configuration, operation, and maintenance of AI-driven messaging and voice workflows on GoHighLevel and connected channels (SMS, email, voice, Instagram, Facebook Messenger, WhatsApp, and similar), along with dashboards, reporting, and community access.

Specific deliverables, timelines, pricing, and scope are described in the proposal, order form, checkout page, 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 figures in our marketing or materials are illustrative only, reflect specific outcomes for specific clients, and are not a promise or projection of what you will achieve. Past results do not guarantee future results. You are responsible for your own business decisions and outcomes.

5. Accounts and security

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately of any unauthorized use. We may suspend accounts that we reasonably believe are compromised or being used in violation of these Terms.

6. Fees, billing, subscriptions, and cancellation

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

• Subscriptions are billed in advance on a recurring basis (e.g., monthly) through our payment processor (Stripe) until cancelled.
• By providing a payment method, you authorize us and our processor to charge that method for all fees, taxes, and applicable usage charges on a recurring basis until you cancel.
• Fees are non-refundable except as expressly stated in your order or required by law. Setup and onboarding fees are non-refundable once work has begun.
• If a payment fails, we may retry, and we may suspend or terminate access until amounts owed are paid.
• We may change pricing for future billing periods on at least 30 days' notice.

7. Your responsibilities and consent to contact

To use the Services, you agree that you will:

• Provide accurate information and keep it current
• Have the legal right and required consent to message every contact you upload, import, or send through our system
• Comply with all applicable laws and platform rules, including the TCPA, CAN-SPAM, GDPR, CCPA/CPRA, Meta's and Instagram's policies, WhatsApp Business policies, and carrier/10DLC rules for SMS
• Not use the 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 and contacts you provide, the content you ask us to send on your behalf, and how those contacts were obtained, and you represent that each has given the consent required to be contacted on each channel.

8. Acceptable use

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

• Use the Services to send spam, malware, phishing, or anything illegal
• Damage, disable, overburden, or impair the Services or interfere with anyone else's use
• Reverse engineer, scrape, or replicate the Services or any underlying technology
• Resell or sublicense access except under a written reseller or white-label agreement with us
• Misrepresent AI as human in a way that violates applicable disclosure laws
• Upload or transmit content you do not have the right to use, or that infringes, defames, or violates any third party's rights

9. User content and license

"User Content" means anything you or your contacts submit, upload, post, or transmit through the Services — including text, images, audio, video, files, messages, and materials. You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting/display), process, and transmit your User Content as necessary to operate and provide the Services, and to use de-identified or aggregated data as described in our Privacy Policy.

You represent and warrant that you own or have all rights necessary to your User Content and that it does not infringe or violate any third party's intellectual property, privacy, or other rights. You are solely responsible for your User Content. We may, but are not obligated to, review, monitor, or remove User Content, and we may remove or disable content that we believe violates these Terms or the law.

10. Copyright and DMCA takedown policy

We respect intellectual property rights and expect users to do the same. We will respond to clear notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA") and may remove or disable access to infringing material and terminate repeat infringers.

If you believe content available through the Services infringes your copyright, send a written notice to our Designated Agent that includes: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to locate it; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner's behalf.

If your material was removed and you believe it was a mistake or misidentification, you may submit a counter-notice with the information required by the DMCA. Knowingly making a material misrepresentation in a notice or counter-notice may subject you to liability for damages.

11. Third-party platforms

The Services depend on third-party platforms, including GoHighLevel, Stripe, Anthropic, Meta, Google, Twilio, and the carriers and networks that deliver SMS, email, voice, and social messages. We are not affiliated with, endorsed by, or sponsored by those platforms, and your use of each is also governed by that platform's own terms. If a platform changes its policies, pricing, APIs, or availability, we will use commercially reasonable efforts to adapt but are not liable for the impact of those changes on you.

12. Intellectual property

We own the website, the Services, our workflows, prompts, templates, models, code, and all related intellectual property, except for your User Content. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. Anonymized or aggregated insights derived from operating the Services (for example, cross-client benchmarks) may be retained and used by us, provided they do not identify you.

13. Confidentiality

Each side will protect the other's confidential information with at least reasonable care 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.

14. 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 results will be accurate or reliable, or that any defects will be corrected.

15. 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, revenue, data, 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, so some of the above may not apply to you; in those cases our liability is limited to the smallest extent permitted by law.

16. Binding arbitration and class-action waiver

Please read this section carefully — it affects your legal rights.

You and ScaleAgents agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") will first be addressed through good-faith informal negotiation by emailing support@scaleagents.io. If not resolved within 30 days, the Dispute will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property or unauthorized-access claims.

The arbitration will be conducted in Texas or, at your election, by videoconference or based on written submissions; the arbitrator's award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Class-action waiver. You and ScaleAgents agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. You and ScaleAgents also waive any right to a jury trial.

If this class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court, but the rest of this Section 16 remains in effect.

17. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. To the extent any Dispute is not subject to arbitration, it will be resolved exclusively in the state or federal courts located in Texas, and you and we each consent to the personal jurisdiction of those courts.

18. 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 User 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.

19. Termination

You may stop using the Services and cancel future billing as described in Section 6. 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 others. On termination, your right to use the Services ends, but sections that by their nature should survive (including fees owed, User Content license for already-processed data, intellectual property, disclaimers, limitation of liability, indemnification, arbitration, and governing law) will continue.

20. Changes to these Terms

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

21. Miscellaneous

• Entire agreement. These Terms, your order form, and our Privacy Policy are the entire agreement between you and us regarding the Services.
• Severability. If any provision is 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 here 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.

22. Contact

Questions about these Terms? Email support@scaleagents.io or write to The Consultants Accelerator LLC, 4749 Lawrence Ln, Plano, TX 75903, USA.