Terms of Service

Last Updated: October 15, 2026

Version 2026-10-15

1. Agreement to Terms

By accessing or using ScaleSmart’s website (scalesmart.net), services, or products (“Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use our Services.

ScaleSmart, LLC is a Georgia limited liability company (“ScaleSmart,” “we,” “our,” or “us”).

2. Services We Provide

ScaleSmart offers AI-powered business analysis and automation services, including:

• AI Diagnostics & Opportunity Scans — Free self-assessment tools that generate AI-powered analysis of your business operations. Results are estimates based on the information you provide.
• ScaleSmart Marketing Hub — Recurring software access billed on the cadence and at the price shown on your plan page and at checkout.
• Implementation Sprint — Custom AI implementation services, scoped and quoted individually (engagements start at $2,500).
• Managed AI Partner — Ongoing AI management services at a monthly retainer (starting at $1,500/month).
• Legacy digital products — Previously sold digital products (such as the ScaleSmart Toolkit) remain governed by these Terms and our Refund Policy for existing purchasers.

3. Use of Services

You agree to:

• Provide accurate information when using our diagnostic or purchasing services
• Use our Services only for lawful business purposes
• Not reverse-engineer, copy, or redistribute our proprietary tools, prompts, or methodologies
• Not attempt to access systems or data that you are not authorized to access
• Follow the AI Agents, Custom Voices and Acceptable Use sections of these Terms.

4. AI-Generated Content, Conversations and Results

Our diagnostic and AI-powered tools generate analysis based on information you provide. Important limitations:

• Results are estimates, not guarantees. Revenue figures and projections are illustrative based on typical patterns — your actual results will vary.
• AI analysis may contain errors. We recommend treating diagnostic output as a starting point for your own evaluation, not as financial advice.
• We are not accountable for business decisions made based on diagnostic output.

This includes conversations held by AI Agents and content we generate for you to publish. Review content before you publish it; you are responsible for what you publish.

5. Payments and Refunds

• Marketing Hub subscriptions renew automatically on the renewal date shown under Plan & Usage unless the workspace owner cancels before that date.
• You may cancel anytime from Plan & Usage inside your workspace. Cancellation requires one short exit-feedback answer and no other steps, offers, or approval. Once submitted, renewal stops and access continues through the end of the current paid billing period.
• Subscription charges and refund eligibility are governed by our Refund Policy.
• Digital products (including legacy Toolkit purchases): Governed by our Refund Policy
• Service engagements: Governed by the individual service agreement provided before work begins
• All prices are in USD

6. Intellectual Property

ScaleSmart’s website content, diagnostic tools, AI prompts, methodologies, and software are owned by ScaleSmart, LLC and protected by applicable intellectual property laws. You may not reproduce or distribute our proprietary content without written permission.

Customer-provided data (your business information entered into our tools) remains yours. We do not claim ownership of your data.

7. AI Agents (receptionist, chat and voice assistants)

7.1 What AI Agents do. When you turn on an AI receptionist, chat assistant or other AI agent (“AI Agent”), it talks with your customers and prospects on your behalf and in your business’s name. You are the business responsible for those conversations.

7.2 Your compliance responsibilities. You are responsible for making sure your use of AI Agents complies with the laws that apply to your business and to the people your AI Agent talks with. These include laws on:

• consent to call recording and monitoring;
• disclosing that a person is interacting with an AI or automated system;
• telemarketing, artificial or prerecorded voice calls, autodialed calls and text messages (including the Telephone Consumer Protection Act, state equivalents and do-not-call rules);
• consumer protection and advertising;
• privacy and data protection;
• your licensed profession or industry.

7.3 Protective defaults. AI Agents ship with protective settings, including:

• identifying itself as a virtual assistant;
• a call-recording notice;
• answering truthfully when someone asks whether they are speaking with a person.

The virtual-assistant greeting is on by default, and you may turn it off. Some laws require businesses to tell people they are interacting with AI. If you change or turn off a default, you accept responsibility for that choice and confirm it is lawful where you and the people your AI Agent talks with are located.

7.4 Inbound use. AI Agents answer calls and messages that people initiate with you. You may not use the Services to place outbound calls or send outbound marketing messages with an artificial or AI-generated voice unless:

• we have agreed to it in writing, and
• you hold every consent the law requires (including prior express written consent where applicable).

7.5 What the agent says.

• AI Agents rely on the information and instructions you give us, such as hours, prices, services and policies. You are responsible for keeping that information accurate and for reviewing your AI Agent’s setup.
• AI Agents can make mistakes. They are not authorized to make binding offers, guarantees, or legal, medical, financial or other professional advice, and you agree not to configure them to.

7.6 Not for emergencies. AI Agents are not an emergency service. You agree to configure them to direct emergencies to 911 or the appropriate emergency number, and not to present them as a way to reach emergency help.

7.7 Recordings and transcripts. We keep call recordings, transcripts and message logs as described in our Privacy Policy, and make them available to you in your workspace.

8. Custom voices and likeness

8.1 Who you may clone. You may create a custom voice, avatar or other likeness only of:

• yourself, or
• an adult (18 or older) who has given you explicit written permission to do so.

8.2 Consent records. Before creating a custom voice or likeness, you confirm consent in the product. We record who confirmed it, when, and the exact statement. Giving false confirmation is a material breach of these Terms.

8.3 No impersonation. You may not use a custom voice or likeness to:

• lead anyone to believe they are dealing with the real person when they are not;
• impersonate anyone; or
• create content the person has not authorized.

If an AI Agent uses a custom voice of a real person, we strongly recommend keeping the virtual-assistant greeting on. If you turn it off, you are responsible for making sure callers are not misled.

8.4 Deletion. You can delete a custom voice or likeness at any time. We delete it from our systems and request deletion from our providers. Their own retention rules may apply. We keep the consent record as evidence of permission.

9. Acceptable use

You may not use the Services, including AI Agents and content tools, to:

• deceive, defraud, or impersonate any person or business;
• make false or unsubstantiated claims, or create fake reviews, ratings or testimonials;
• call, text or message anyone without the consent the law requires;
• harass, threaten or discriminate against anyone;
• collect sensitive information (such as government ID numbers, full payment card or bank account numbers, or health information) unless it is necessary and lawful, and the feature is designed for it;
• communicate with children under 13 or target minors;
• violate the usage policies of the third-party providers that power the Services; or
• interfere with, overload or try to bypass the Services’ safeguards.

10. Third-party providers

The Services use third-party providers for AI models, voice, telephony, messaging, video and hosting. Their availability, changes and policies are outside our control. If a provider restricts or suspends service because of your use, we may restrict or suspend the affected feature for you.

11. Suspension

We may immediately suspend or limit any AI Agent, phone number, or feature if we reasonably believe your use:

• violates these Terms or the law, or
• puts our provider accounts, other customers or the public at risk.

We will tell you as soon as practical and restore access once the issue is resolved.

12. Indemnification

You agree to defend, indemnify and hold harmless ScaleSmart, LLC and its owners, employees and contractors from any claims, fines, penalties, damages and costs (including reasonable attorneys’ fees) arising from:

• (a) your use of the Services in violation of these Terms or applicable law;
• (b) the information, content and instructions you provide, including how you configure AI Agents;
• (c) your communications with your customers and prospects, including consent, disclosure and recording obligations; and
• (d) any custom voice or likeness you create or upload.

This does not apply to the extent a claim is caused by our breach of these Terms, or by our gross negligence or willful misconduct.

13. SMS / Text Messaging

Program name: ScaleSmart. If you opt in on one of our forms, we text you at the number you entered.

• What we send: replies to your inquiry, scheduling and follow-up. ScaleSmart account owners also receive the lead alerts they turn on.
• Message frequency varies. Msg & data rates may apply.
• Reply STOP to opt out. You will receive one confirmation text, and no further messages. Reply START to resubscribe.
• Reply HELP for help, or email adam@scalesmart.net.
• Carriers are not liable for delayed or undelivered messages.
• Consent to receive text messages is not a condition of purchase.

How we handle your mobile number and opt-in is described in our Privacy Policy.

14. Phone Numbers

A phone number we provision for you, local or toll-free, is yours. You can port it out to another carrier whenever you ask.

• How to start: your new carrier submits the port using the account details we provide: the number, the account number, the business name and service address on file, and the port-out PIN. Owners and admins find them under AI Receptionist in your workspace, or we send them on request.
• We don’t block a port-out or charge a fee for one. Any unpaid balance is still owed.
• Porting typically takes a few days to about two weeks. The carriers set the timing.
• Service on that number continues until the port completes.

15. Privacy

Your use of our Services is also governed by our Privacy Policy, incorporated here by reference.

16. Disclaimer of Warranties

Our Services are provided “as is” without warranties of any kind, express or implied. We do not warrant that our Services will be error-free, uninterrupted, or that any specific business outcomes will result from using them.

17. Limitation of Liability

To the maximum extent permitted by law, ScaleSmart’s total liability to you for any claim arising from use of our Services, including claims arising from conversations held by AI Agents, shall not exceed the amount you paid us in the 12 months preceding the claim. In no event shall we be liable for indirect, incidental, or consequential damages. This limit does not reduce your payment or indemnification obligations.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or the Services will be brought in the state or federal courts located in DeKalb County, Georgia, and you and ScaleSmart consent to the jurisdiction of those courts.

19. Changes to Terms

We may update these Terms at any time. Continued use of our Services after changes constitutes acceptance of the updated Terms. We will update the “Last Updated” date above.

20. Contact

ScaleSmart, LLC
Email: adam@scalesmart.net
Website: https://scalesmart.net