These Terms of Service ("Terms") constitute a legally binding agreement between you, the client ("Client," "you," or "your"), and ScaleCom ("we," "us," or "our"), a California-based business services firm.
By accessing our website, submitting a contact form, booking a consultation, or engaging ScaleCom's services in any capacity, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must immediately cease all use of our website and services. These Terms apply to all visitors, prospects, and active clients.
ScaleCom provides a managed inbound sales coordination service referred to as the Revenue Recovery System. The centerpiece of this system is the Intake Coordinator, a professionally configured, business-specific response infrastructure designed to capture, qualify, and convert inbound leads on behalf of the Client.
The Intake Coordinator service encompasses:
ScaleCom operates as a managed service provider, not a software platform. The Intake Coordinator is not self-serve software. All systems are configured, monitored, and managed by the ScaleCom team on the Client's behalf.
Specific deliverables, onboarding timelines, and any additional features are outlined in the Client's individual service agreement or confirmed via written correspondence following checkout.
Eligibility: ScaleCom's services are available exclusively to legal business entities and their authorized representatives. You must be at least 18 years of age and have the authority to enter into a binding contract on behalf of your business to engage our services.
Client Obligations: To enable effective service delivery, you agree to:
Services are provided on a monthly retainer basis, billed at a rate of $2,500 per month or as otherwise agreed upon in a written service agreement. Payment is collected via Stripe at the time of checkout or as specified in your engagement agreement.
All fees are quoted and charged in U.S. Dollars. Clients are responsible for any applicable sales or use taxes.
ScaleCom makes commercially reasonable efforts to ensure high availability and rapid response times. However, Clients should be aware of the following service parameters:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCALECOM'S TOTAL CUMULATIVE LIABILITY TO CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CLIENT TO SCALECOM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
⚠ SCALECOM IS EXPLICITLY NOT LIABLE FOR: (a) any missed, delayed, filtered, or blocked SMS messages due to third-party carrier network failures, A2P 10DLC filtering, or telecommunications outages beyond our direct control; (b) any failure of third-party APIs, telephony providers, scheduling tools, or cloud infrastructure that interrupts service delivery; (c) any lost leads, missed revenue, or lost business opportunities resulting from events described in (a) or (b); (d) any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind; (e) any damages resulting from the Client's failure to promptly follow up with leads delivered or engaged by the Intake Coordinator.
ScaleCom's services rely on third-party telecom carriers, API providers, and cloud infrastructure. We maintain proper registrations (including A2P 10DLC campaign registration) and take all commercially reasonable steps to ensure service quality. However, the inherent limitations of telecommunications networks and software systems are beyond our control.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so the above limitations may not apply to you in full. In such cases, ScaleCom's liability is limited to the fullest extent permitted by law.
All content on this website, including text, graphics, logos, and design, is the property of ScaleCom or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from any of our proprietary content without express written permission.
The proprietary conversation flows, response sequences, qualification frameworks, and system architectures used in the Intake Coordinator are trade secrets and intellectual property of ScaleCom. Clients are granted a limited, non-exclusive, non-transferable license to use the outputs of the Intake Coordinator system (i.e., the booked appointments and qualified leads) for their own business purposes only.
Upon termination of services, Client's license to use the Dispatch Line and associated system infrastructure ceases. The Client retains full ownership of all actual lead data (names, phone numbers, inquiry details) generated during the engagement.
Each party acknowledges that, in the course of this engagement, it may receive information that is confidential and proprietary to the other party ("Confidential Information"). Both parties agree to hold all Confidential Information in strict confidence, to use it solely for the purpose of fulfilling obligations under this agreement, and to not disclose it to any third party without prior written consent.
This obligation of confidentiality does not apply to information that: (a) is or becomes publicly available through no breach of this agreement; (b) was rightfully known to the receiving party prior to disclosure; or (c) is required to be disclosed by law or court order, provided the disclosing party is given prompt written notice.
Client data and lead information handled by ScaleCom on behalf of the Client is treated as Client Confidential Information and is protected in accordance with our Privacy Policy.
By Client: You may cancel your ScaleCom subscription at any time by providing written notice (email to hello@scalecom.com is acceptable) at least 14 calendar days prior to your next billing date. Cancellation will take effect at the end of the then-current billing period. No partial refunds will be issued for the current month.
By ScaleCom: We reserve the right to suspend or terminate your access to our services immediately and without notice if: (a) you materially breach these Terms; (b) you fail to make payment after the grace period described in Section 4; (c) we determine in our sole discretion that your use of our services violates any applicable law or regulation; or (d) we discontinue the services entirely, in which case we will provide reasonable advance notice.
Effect of Termination: Upon termination, ScaleCom will decommission the Dispatch Line associated with your account, cease all outbound messaging on your behalf, and cease all forwarding of calls. We will provide you with an export of your lead data within 14 business days of termination upon written request. Sections 6, 7, 8, and 10 of these Terms shall survive termination indefinitely.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Informal Resolution: In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our services, the parties agree to first attempt to resolve the matter through good-faith negotiation. Either party may initiate this process by sending a written notice describing the dispute to the other party. The parties shall have 30 days from the receipt of such notice to reach a mutually acceptable resolution.
Binding Arbitration: If the dispute is not resolved through informal negotiation, both parties agree that any claim shall be resolved through binding individual arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules. The arbitration shall take place in California. YOU AND SCALECOM BOTH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Exceptions: Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction in California to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
ScaleCom reserves the right to modify these Terms at any time. We will post any changes to this page with a revised "Last Updated" date. For active Clients, material changes will be communicated via email at least 14 days before taking effect.
Your continued use of our services after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must terminate your engagement in accordance with Section 9.
If you have any questions about these Terms of Service, please contact us:
ScaleCom — Legal & Client Relations
Email: hello@scalecom.com
State of Operation: California, United States
We aim to respond to all legal inquiries within 3 business days.