TERMS OF SERVICE AGREEMENT

Effective Date: March 14, 2025

Introduction

Welcome to Scale Automations (the “Website”). This Terms of Service Agreement (the "Agreement") is made and entered into by and between you and Scale Automations LLC (the “Company,” “us,” “we,” or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the “Services”).

1. Acceptance of this Agreement

1.1 Acceptance Through Using or Accessing the Services

By accessing or using the Services (or by clicking on “accept” or “agree” when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree, you must exit the Website immediately.

1.2 Eligibility Requirements

To use the Website or Services, you must be at least 18 years old and not a competitor of the Company or using the Services for competitive purposes.

1.3 Changes to this Agreement

The Company reserves the right to modify this Agreement at any time. Changes become effective immediately upon posting. Your continued use of the Services after such changes constitutes acceptance of the revised Agreement.

2. Access to the Services

2.1 Changes to the Services

The Company reserves the right to modify, withdraw, or discontinue any part of the Services without notice.

2.2 Creating an Account

You may be required to create an account to access certain Services. You must provide accurate and updated information. Your account is personal and cannot be shared. You are responsible for maintaining the confidentiality of your credentials.

2.3 Account Termination

The Company may suspend or terminate your account at any time if you violate this Agreement.

3. Prohibited Uses & Activities

You agree not to use the Services for any unlawful or prohibited purpose, including but not limited to:

Sending unsolicited communications (spam). Impersonating others or providing false information. Uploading or transmitting malicious software (viruses, worms, or Trojans). Interfering with the operation of the Services. Reverse engineering or attempting to access the source code. Engaging in data mining, scraping, or unauthorized access. Violating intellectual property rights.

4. SMS/Text Messaging Terms (A2P Compliance)

4.1 SMS Program Description

Our SMS program provides text messages for appointment confirmations, message notifications, webinar registration confirmations and reminders, promotional offers, and product updates related to Scale Automations’ CRM and marketing automation services. Messages are sent to new and existing customers who opt in via website forms on ScaleAutomations.com or affiliated landing pages when you opt in. Message frequency varies.

4.2 Opting Out

You may opt out at any time by texting "STOP" to the shortcode provided. We will confirm your unsubscribe request via SMS.

4.3 Help & Support

For assistance, text "HELP" or email [email protected].

4.4 Carrier Liability

Carriers are not liable for delayed or undelivered messages.

4.5 Message & Data Rates

Message and data rates may apply. Check with your carrier.

4.6 Data Protection

Your mobile number and consent data will not be shared with third parties, except for aggregators and SMS service providers necessary for message delivery.

5. Subscription & Payments

5.1 Subscription Services

Certain Services require a subscription. You agree to pay applicable fees for access.

5.2 Payment Terms

All payments are processed securely via third-party payment providers. The Company does not store your payment information.

5.3 Automatic Renewal

Subscriptions automatically renew unless canceled before the next billing cycle.

5.4 Refund Policy

All sales are final and non-refundable unless otherwise stated at the time of purchase.

6. Intellectual Property

All content, trademarks, and intellectual property on the Website are owned by the Company or licensed to it. You may not copy, reproduce, distribute, or modify any materials without prior written consent.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID IN THE LAST 6 MONTHS OR $100, WHICHEVER IS GREATER.

8. Dispute Resolution & Arbitration

8.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the

State of Wyoming, without regard to its conflict of laws principles.

8.2 Arbitration Clause

All disputes arising out of or relating to this Agreement shall be resolved through binding arbitration conducted in Cheyenne, Wyoming in accordance with the rules of the American Arbitration Association (AAA). You waive your right to a jury trial or to participate in any class-action proceeding.

8.3 Limitation on Claims

Any claim must be filed within one (1) year from the event giving rise to the claim; otherwise, it is permanently barred.

9. Termination

The Company may terminate this Agreement and revoke your access to the Services at any time without prior notice. Provisions regarding intellectual property, limitations of liability, indemnification, and dispute resolution shall survive termination.

10. Contact Information

For questions or support, contact us at:

Email: [email protected]

Address: 8650 Gulana Ave Unit L3165 Playa Del Rey, CA 90293 Last Updated: March 14, 2025