This Terms of Service agreement ("Agreement") is entered into by and between Scale Starter (“we”, “us”, or “our”) and the client ("Client", "you"). By accessing our website, utilizing our managed services, or submitting information through any web forms or communication channels associated with scalestarter.ca, you acknowledge that you have read, understood, and agree to be bound by these Terms and our associated Privacy Policy.
2. SMS Messaging Terms & Compliance
Scale Starter maintains strict adherence to A2P (Application-to-Person) messaging standards. Our SMS program is fully registered for 10DLC (10-Digit Long Code) messaging and is designed to meet all TCPA, CTIA, and carrier-specific vetting requirements.
2.1 Program Description Scale Starter operates a messaging program that delivers appointment confirmations, scheduling reminders, and customer support messages. These communications are sent to clients who have explicitly opted in through web forms or scheduling systems at scalestarter.ca.
2.2 Opt-In and Consent Consent is collected via dedicated checkboxes on our web forms. In compliance with TCPA guidelines, Scale Starter maintains comprehensive, timestamped records of all opt-in actions to verify explicit consent.
2.3 Cancellation Instructions You may cancel the SMS service at any time by texting "STOP" to the number from which you receive messages. Upon receipt of a "STOP" command, we will send one final confirmation message to verify your unsubscribe status. No further messages will be sent unless a new opt-in occurs.
2.4 Support Information For assistance with our messaging program, reply with the keyword "HELP" or contact us at [email protected] during regular business hours.
2.5 Carrier Liability and Message Rates
NOTICE REGARDING CARRIER COMMUNICATIONS:Mobile carriers are not liable for delayed or undelivered messages. Standard message and data rates may apply for any messages sent to or received from us. Message frequency varies based on your service usage and appointment schedule.
2.6 Supported Carriers Supported carriers include AT&T, T-Mobile, Verizon, Sprint, and most regional wireless providers.
2.7 Age Restriction Participation in the Scale Starter SMS program is strictly limited to individuals aged 18 years or older.
2.8 SMS Data Protection Statement No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
3. Service-Based Model and Managed Services
3.1 Description of Services Scale Starter provides a managed service model utilizing the GoHighLevel (GHL) ecosystem, which includes:
Professional website design and initial setup.
Hosting management and infrastructure oversight.
Advanced automation configuration and workflow support.
Ongoing maintenance and platform updates.
3.2 Non-Standalone Product Clause The Client acknowledges that they are not purchasing a standalone, independently hosted website. The service is a managed delivery within the Scale Starter/GHL environment. All deliverables are contingent upon third-party software and infrastructure.
3.3 No Guarantee of Results Scale Starter does not guarantee specific business outcomes. Exclusions include, but are not limited to:
Lead generation or conversion volume.
Sales, revenue, or profit margins.
Search engine rankings (SEO).
4. Platform Dependency and Limitations
4.1 GoHighLevel (GHL) Integration All functionality is tied directly to the GHL environment. Service performance is dependent on the continued availability and policy compliance of the GHL platform.
4.2 Export and Transfer RestrictionsIMPORTANT NOTICE: Websites created by Scale Starter are built on proprietary architecture within the GHL ecosystem. They cannot be exported, converted, or transferred to external platforms such as Wix, Shopify, or Squarespace. The website is not a portable asset.
4.3 Third-Party Risks Scale Starter is not liable for platform outages, software bugs, data loss, or service interruptions caused by third-party providers including GHL, Stripe, Google, or Meta.
5. Website Ownership, Maintenance, and Buyout Option
5.1 Maintenance Requirements Active service requires ongoing monthly payments for hosting management, technical updates, and system support. Failure to maintain payments will result in the cessation of management services.
5.2 Buyout Option Details Clients may exercise a one-time buyout provision. This allows the Client to retain the website structure within their own GHL account. However, this buyout does not enable migration to non-GHL platforms (e.g., Wix or Shopify), as the site architecture remains platform-dependent.
5.3 Client Responsibilities
Provide accurate and complete business information.
Maintain timely communication for approvals and edits.
Maintain authorized access to third-party accounts (e.g., domain providers).
6. Termination and Deactivation Policy
6.1 General Termination Scale Starter reserves the right to terminate or refuse service at our discretion for violations of these Terms, payment defaults, or inappropriate behavior.
6.2 Consequences of Cancellation
Feature
Cancellation with Buyout
Cancellation without Buyout
Website Access
Retained in client's own GHL account
Immediately deactivated/taken offline
Hosting & Support
Client's responsibility
Ceases immediately
Automations
Retained in client's GHL account
Ceases immediately
Data Preservation
Client's responsibility
No preservation or export provided
6.3 Data Retention Post-Termination If service is cancelled without a buyout, Scale Starter is under no obligation to preserve, export, or maintain any website data or functionality.
7. Intellectual Property Rights
7.1 Limited Licence to Client The website and materials provided are the property of Scale Starter or its licensors. The Client is granted a limited, non-exclusive licence for personal, non-commercial use within the scope of the managed service.
7.2 Licence to Scale Starter By submitting materials (photos, videos, comments) to Scale Starter, the Client grants us a royalty-free, perpetual, worldwide, irrevocable licence to use, modify, and distribute such material for service and marketing purposes.
8. Financial Terms and Limitation of Liability
8.1 Online Commerce Transactions with third-party vendors (e.g., Stripe) are strictly between the Client and the vendor. Scale Starter is not responsible for the quality or reliability of third-party transactions.
8.2 Liability CapOUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICES PROVIDED IS STRICTLY LIMITED TO THE TOTAL AMOUNT PAID BY THE CLIENT FOR SERVICES DURING THE 30-DAY PERIOD IMMEDIATELY PRECEDING THE CLAIM.
8.3 Indemnity The Client agrees to hold Scale Starter harmless from any claims, damages, or costs arising from the Client’s breach of these terms.
9. General Provisions
9.1 Registration & Passwords Clients are responsible for maintaining the confidentiality of account credentials and must notify us immediately of any suspected unauthorized access.
9.2 Governing Law These terms are governed by the laws of the Province of Ontario and the federal laws of Canada. Any disputes arising under these terms shall be resolved exclusively through binding arbitration in the jurisdiction of Scale Starter's operation.
9.3 Changes to Terms Scale Starter may update these Terms at any time. Continued use of the services constitutes acceptance of the updated terms.